83_FR_2913 83 FR 2899 - Airworthiness Directives; Fokker Services B.V. Airplanes

83 FR 2899 - Airworthiness Directives; Fokker Services B.V. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range2899-2902
FR Document2018-00950

We are superseding Airworthiness Directive (AD) 2008-06-20 R1, which applied to all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes, and certain Model F28 Mark 1000, 2000, 3000, and 4000 airplanes. AD 2008-06-20 R1 required revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness for certain airplanes, and the maintenance or inspection program, as applicable, for certain other airplanes, to incorporate new limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the intended effect on spare and on-airplane fuel tank system components, regarding the use of maintenance manuals and instructions for continued airworthiness. This new AD was prompted by revised fuel airworthiness limitation items (ALI) tasks, and critical design configuration control limitations (CDCCL) items, and associated thresholds, intervals, and instructions. This AD requires contacting the FAA to obtain instructions for addressing the unsafe condition on these products, and doing the actions specified in those instructions. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018)
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2899-2902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00950]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0022; Product Identifier 2015-NM-044-AD; Amendment 
39-19162; AD 2018-02-09]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2008-06-20 R1, 
which applied to all Fokker Services B.V. Model F28 Mark 0070 and 0100 
airplanes, and certain Model F28 Mark 1000, 2000, 3000, and 4000 
airplanes. AD 2008-06-20 R1 required revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness for certain airplanes, and the maintenance or inspection 
program, as applicable, for certain other airplanes, to incorporate new 
limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the 
intended effect on spare and on-airplane fuel tank system components, 
regarding the use of maintenance manuals and instructions for continued 
airworthiness. This new AD was prompted by revised fuel airworthiness 
limitation items (ALI) tasks, and critical design configuration control 
limitations (CDCCL) items, and associated

[[Page 2900]]

thresholds, intervals, and instructions. This AD requires contacting 
the FAA to obtain instructions for addressing the unsafe condition on 
these products, and doing the actions specified in those instructions. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective February 6, 2018.
    We must receive comments on this AD by March 8, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0022; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Operations office 
(telephone: 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriquez, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1137; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued AD 2008-06-20 R1, Amendment 39-16089 (74 FR 61018, 
November 23, 2009) (``AD 2008-06-20 R1''), which applied to all Fokker 
Services B.V. Model F28 Mark 0070 and 0100 airplanes, and certain Model 
F28 Mark 1000, 2000, 3000, and 4000 airplanes. AD 2008-06-20 R1 was 
prompted by revised fuel ALI tasks, and CDCCL items, and associated 
thresholds, intervals and instructions. AD 2008-06-20 R1 required 
revising the ALS of the Instructions for Continued Airworthiness for 
certain airplanes, and the FAA-approved maintenance or inspection 
program, as applicable, for certain other airplanes, to incorporate new 
limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the 
AD's intended effect on spare and on-airplane fuel tank system 
components, regarding the use of maintenance manuals and instructions 
for continued airworthiness. We issued AD 2008-06-20 R1 to reduce the 
potential of ignition sources inside fuel tanks, which, in combination 
with flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.
    Since we issued AD 2008-06-20 R1, we have determined that revised 
Fuel ALI tasks, and CDCCL items, and associated thresholds, intervals 
and instructions need to be implemented.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2015-0030, dated February 24, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Fokker Services B.V. Model F28 Mark 
1000, 2000, 3000, and 4000 airplanes. The MCAI states:

    [Subsequent to accidents involving Fuel Tank System explosions 
in flight and on ground] * * *, the FAA published Special Federal 
Aviation Regulation (SFAR) 88, and the Joint Aviation Authorities 
(JAA) published Interim Policy INT/POL/25/12. The review conducted 
by Fokker Services on the Fokker F28 design in response to these 
regulations identified a number of Fuel Airworthiness Limitation 
items (ALI) and Critical Design Configuration Control Limitations 
(CDCCL) items to prevent the development of unsafe conditions within 
the fuel system.
    To introduce these Fuel ALI and CDCCL items, Fokker Services 
published Service Bulletin (SB) F28/28-050 and EASA issued AD 2006-
0208, requiring the implementation of these Fuel ALI and CDCCL 
items. That [EASA] AD was later revised to make reference to SBF28-
28-050R1 and to specify that the use of later revisions was 
acceptable.
    In 2014, Fokker Services issued Revision 2 of SBF28-28-050 to 
update the ALI and CDCCL items and to consolidate Fuel ALI and CDCCL 
items contained in a number of other SBs. Consequently, EASA issued 
AD 2014-0110, superseding [EASA] AD 2006-0208R1 [which corresponds 
to FAA AD 2008-06-20 R1] and requiring the implementation of the 
updated Fuel ALI and CDCCL items.
    Since that [EASA] AD was issued, Fokker Services issued Revision 
3 of SBF28-28-050, primarily to introduce 5 additional CDCCL items.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0022.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI. We are 
issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good cause that notice and opportunity for prior public comment 
are unnecessary. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0022; Product 
Identifier 2015-NM-044-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD,

[[Page 2901]]

we are providing the following cost estimates for an affected airplane 
that is placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Revise the maintenance or inspection         1 work-hour x $85 per hour = $85...              $0             $85
 program.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2008-06-20 R1, Amendment 39-16089 (74 FR 61018, November 23, 2009), and 
adding the following new AD:

2018-02-09 Fokker Services B.V.: Amendment 39-19162; Docket No. FAA-
2018-0022; Product Identifier 2015-NM-044-AD.

(a) Effective Date

    This AD becomes effective February 6, 2018.

(b) Affected ADs

    This AD replaces AD 2008-06-20 R1, Amendment 39-16089 (74 FR 
61018, November 23, 2009) (``AD 2008-06-20 R1'').

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 1000, 
2000, 3000, and 4000 airplanes, certificated in any category, all 
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by the issuance of revised fuel 
airworthiness limitation items (ALI) tasks, critical design 
configuration control limitations (CDCCL) items and associated 
thresholds, intervals and instructions. We are issuing this AD to 
reduce the potential of ignition sources inside fuel tanks, which, 
in combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the action(s) at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2015-0030, dated 
February 24, 2015.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch, 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the International Section, send it to the 
attention of the person identified in paragraph (i)(2) of this AD. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office.

(i) Related Information

    (1) Refer to MCAI EASA 2015-0030, dated February 24, 2015, for 
related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0022.
    (2) For more information about this AD, contact Tom Rodriquez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 
425-227-1137; fax: 425-227-1149.

(j) Material Incorporated by Reference

    None.


[[Page 2902]]


    Issued in Renton, Washington, on January 9, 2018.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00950 Filed 1-19-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                               Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations                                               2899

                                               (2) Thereafter, repeat the high sensitivity           paragraph 1.G., of PW ASB PW4G–112–A72–                  (4) Within 30 days of the effective date of
                                             FPI of the outer diffuser case Tt3 boss within          347, dated March 31, 2017.                             this AD, update the mandatory inspections of
                                             2,000 flight cycles since the last FPI.                   (ii) For assembled engines not installed on-         the Airworthiness Limitations Section (ALS)
                                               (3) If an indication is found during the              wing, re-inspect or remove in accordance               of your Instructions for Continued
                                             inspections required by paragraphs (g)(1) or            with the Accomplishment Instructions, Part             Airworthiness to include the piece-part
                                             (2) of this AD, re-inspect or remove the outer          B, paragraph 1.C., of PW ASB PW4G–112–
                                             diffuser case from service as follows:                  A72–347, dated March 31, 2017.                         inspections of the diffuser case as defined in
                                               (i) For engines installed on-wing, re-                  (iii) For disassembled engines, if any               Figure 1 to paragraph (g) of this AD.
                                             inspect or remove in accordance with the                cracks are found, remove the outer diffuser
                                             Accomplishment Instructions, Part A,                    case from service before further flight.




                                             (h) Credit for Previous Actions                         obtained from PW, using the contact                    DEPARTMENT OF TRANSPORTATION
                                                You may take credit for the high sensitivity         information in paragraph (l)(3) of this AD.
                                             FPI of the outer diffuser case Tt3 boss that            (l) Material Incorporated by Reference
                                                                                                                                                            Federal Aviation Administration
                                             is required by paragraph (g)(1) of this AD if
                                             you performed a high sensitivity FPI of the                (1) The Director of the Federal Register            14 CFR Part 39
                                             outer diffuser case at piece-part exposure              approved the incorporation by reference
                                             before the effective date of this AD, using             (IBR) of the service information listed in this        [Docket No. FAA–2018–0022; Product
                                             PW4000 Series (112 Inch) Engine CIR                     paragraph under 5 U.S.C. 552(a) and 1 CFR              Identifier 2015–NM–044–AD; Amendment
                                             Manual, P/N 51A750, section 72–41–13,                   part 51.                                               39–19162; AD 2018–02–09]
                                             Inspection/Check-02, dated July 15, 2017.                  (2) You must use this service information           RIN 2120–AA64
                                             (i) Definition                                          as applicable to do the actions required by
                                                For the purpose of this AD, an engine is             this AD, unless the AD specifies otherwise.            Airworthiness Directives; Fokker
                                             considered disassembled any time the ‘‘M’’                 (i) Pratt & Whitney (PW) Alert Service              Services B.V. Airplanes
                                             flange is separated.                                    Bulletin PW4G–112–A72–347, dated March
                                                                                                     31, 2017.
                                                                                                                                                            AGENCY:  Federal Aviation
                                             (j) Alternative Methods of Compliance
                                                                                                        (ii) Reserved.                                      Administration (FAA), DOT.
                                             (AMOCs)                                                                                                        ACTION: Final rule; request for
                                                                                                        (3) For PW service information identified
                                                (1) The Manager, ECO Branch, FAA, has                in this AD, contact Pratt & Whitney Division,          comments.
                                             the authority to approve AMOCs for this AD,
                                                                                                     400 Main St., East Hartford, CT 06118;
                                             if requested using the procedures found in 14                                                                  SUMMARY:   We are superseding
                                             CFR 39.19. In accordance with 14 CFR 39.19,             phone: 800–565–0140; fax: 860–565–5442.
                                                                                                        (4) You may view this service information           Airworthiness Directive (AD) 2008–06–
                                             send your request to your principal inspector                                                                  20 R1, which applied to all Fokker
                                             or local Flight Standards District Office, as           at FAA, Engine and Propeller Standards
                                             appropriate. If sending information directly            Branch, 1200 District Avenue, Burlington,              Services B.V. Model F28 Mark 0070 and
                                             to the manager of the ECO Branch, send it to            MA. For information on the availability of             0100 airplanes, and certain Model F28
                                             the attention of the person identified in               this material at the FAA, call 781–238–7759.           Mark 1000, 2000, 3000, and 4000
                                             paragraph (k)(1) of this AD. You may email                 (5) You may view this service information           airplanes. AD 2008–06–20 R1 required
                                             your request to: ANE-AD-AMOC@faa.gov.                   that is incorporated by reference at the               revising the Airworthiness Limitations
                                                (2) Before using any approved AMOC,                  National Archives and Records                          Section (ALS) of the Instructions for
                                             notify your appropriate principal inspector,                                                                   Continued Airworthiness for certain
                                                                                                     Administration (NARA). For information on
                                             or lacking a principal inspector, the manager                                                                  airplanes, and the maintenance or
                                             of the local flight standards district office/          the availability of this material at NARA, call
                                             certificate holding district office.                    202–741–6030, or go to: http://                        inspection program, as applicable, for
                                                                                                     www.archives.gov/federal-register/cfr/ibr-             certain other airplanes, to incorporate
                                             (k) Related Information                                 locations.html.                                        new limitations for fuel tank systems.
                                               (1) For more information about this AD,                                                                      AD 2008–06–20 R1 also clarified the
                                                                                                       Issued in Burlington, Massachusetts, on
                                             contact Jo-Ann Theriault, Aerospace                                                                            intended effect on spare and on-airplane
                                             Engineer, ECO Branch, FAA, 1200 District                January 12, 2018.
                                                                                                                                                            fuel tank system components, regarding
                                             Avenue, Burlington, MA 01803; phone: 781–               Robert J. Ganley,                                      the use of maintenance manuals and
ethrower on DSK3G9T082PROD with RULES




                                             238–7105; fax: 781–238–7199; email: jo-                 Manager, Engine and Propeller Standards                instructions for continued
                                             ann.theriault@faa.gov.                                  Branch, Aircraft Certification Service.
                                               (2) PW4000 Series (112 Inch) Engine CIR                                                                      airworthiness. This new AD was
                                             Manual, Part Number 51A750, Revision                    [FR Doc. 2018–00999 Filed 1–19–18; 8:45 am]            prompted by revised fuel airworthiness
                                             Number 74, section 72–41–13, Inspection/                BILLING CODE 4910–13–P                                 limitation items (ALI) tasks, and critical
                                             Check-02, dated July 15, 2017, which is not                                                                    design configuration control limitations
                                                                                                                                                            (CDCCL) items, and associated
                                                                                                                                                                                                             ER22JA18.001</GPH>




                                             incorporated by reference in this AD, can be



                                        VerDate Sep<11>2014   15:52 Jan 19, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\22JAR1.SGM   22JAR1


                                             2900              Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations

                                             thresholds, intervals, and instructions.                CDCCL items, and associated                            primarily to introduce 5 additional CDCCL
                                             This AD requires contacting the FAA to                  thresholds, intervals and instructions.                items.
                                             obtain instructions for addressing the                  AD 2008–06–20 R1 required revising the                   You may examine the MCAI on the
                                             unsafe condition on these products, and                 ALS of the Instructions for Continued                  internet at http://www.regulations.gov
                                             doing the actions specified in those                    Airworthiness for certain airplanes, and               by searching for and locating Docket No.
                                             instructions. We are issuing this AD to                 the FAA-approved maintenance or                        FAA–2018–0022.
                                             address the unsafe condition on these                   inspection program, as applicable, for
                                             products.                                               certain other airplanes, to incorporate                FAA’s Determination and Requirements
                                                                                                     new limitations for fuel tank systems.                 of This AD
                                             DATES: This AD becomes effective
                                                                                                     AD 2008–06–20 R1 also clarified the                      This product has been approved by
                                             February 6, 2018.
                                               We must receive comments on this                      AD’s intended effect on spare and on-                  the aviation authority of another
                                             AD by March 8, 2018.                                    airplane fuel tank system components,                  country, and is approved for operation
                                                                                                     regarding the use of maintenance                       in the United States. Pursuant to our
                                             ADDRESSES: You may send comments,
                                                                                                     manuals and instructions for continued                 bilateral agreement with the State of
                                             using the procedures found in 14 CFR
                                                                                                     airworthiness. We issued AD 2008–06–                   Design Authority, we have been notified
                                             11.43 and 11.45, by any of the following
                                                                                                     20 R1 to reduce the potential of ignition              of the unsafe condition described in the
                                             methods:
                                                                                                     sources inside fuel tanks, which, in                   MCAI. We are issuing this AD because
                                               • Federal eRulemaking Portal: Go to
                                                                                                     combination with flammable fuel                        we evaluated all pertinent information
                                             http://www.regulations.gov. Follow the
                                                                                                     vapors, could result in fuel tank                      and determined the unsafe condition
                                             instructions for submitting comments.
                                               • Fax: 202–493–2251.                                  explosions and consequent loss of the                  exists and is likely to exist or develop
                                               • Mail: U.S. Department of                            airplane.                                              on other products of the same type
                                             Transportation, Docket Operations, M–                      Since we issued AD 2008–06–20 R1,                   design.
                                             30, West Building Ground Floor, Room                    we have determined that revised Fuel                   FAA’s Determination of the Effective
                                             W12–140, 1200 New Jersey Avenue SE,                     ALI tasks, and CDCCL items, and                        Date
                                             Washington, DC 20590.                                   associated thresholds, intervals and
                                                                                                                                                              Since there are currently no domestic
                                               • Hand Delivery: U.S. Department of                   instructions need to be implemented.
                                                                                                                                                            operators of this product, we find good
                                             Transportation, Docket Operations, M–                      The European Aviation Safety Agency
                                                                                                                                                            cause that notice and opportunity for
                                             30, West Building Ground Floor, Room                    (EASA), which is the Technical Agent
                                                                                                                                                            prior public comment are unnecessary.
                                             W12–140, 1200 New Jersey Avenue SE,                     for the Member States of the European
                                                                                                                                                            In addition, for the reason(s) stated
                                             Washington, DC, between 9 a.m. and 5                    Union, has issued EASA AD 2015–0030,
                                                                                                                                                            above, we find that good cause exists for
                                             p.m., Monday through Friday, except                     dated February 24, 2015 (referred to
                                                                                                                                                            making this amendment effective in less
                                             Federal holidays.                                       after this as the Mandatory Continuing
                                                                                                                                                            than 30 days.
                                                                                                     Airworthiness Information, or ‘‘the
                                             Examining the AD Docket
                                                                                                     MCAI’’), to correct an unsafe condition                Comments Invited
                                                You may examine the AD docket on                     for all Fokker Services B.V. Model F28                    This AD is a final rule that involves
                                             the internet at http://                                 Mark 1000, 2000, 3000, and 4000                        requirements affecting flight safety, and
                                             www.regulations.gov by searching for                    airplanes. The MCAI states:                            we did not precede it by notice and
                                             and locating Docket No. FAA–2018–                                                                              opportunity for public comment. We
                                                                                                        [Subsequent to accidents involving Fuel
                                             0022; or in person at the Docket                        Tank System explosions in flight and on                invite you to send any written relevant
                                             Operations office between 9 a.m. and 5                  ground] * * *, the FAA published Special               data, views, or arguments about this AD.
                                             p.m., Monday through Friday, except                     Federal Aviation Regulation (SFAR) 88, and             Send your comments to an address
                                             Federal holidays. The AD docket                         the Joint Aviation Authorities (JAA)                   listed under the ADDRESSES section.
                                             contains this AD, the regulatory                        published Interim Policy INT/POL/25/12.
                                                                                                                                                            Include ‘‘Docket No. FAA–2018–0022;
                                             evaluation, any comments received, and                  The review conducted by Fokker Services on
                                                                                                     the Fokker F28 design in response to these             Product Identifier 2015–NM–044–AD’’
                                             other information. The street address for                                                                      at the beginning of your comments. We
                                             the Docket Operations office (telephone:                regulations identified a number of Fuel
                                                                                                     Airworthiness Limitation items (ALI) and               specifically invite comments on the
                                             800–647–5527) is in the ADDRESSES                                                                              overall regulatory, economic,
                                                                                                     Critical Design Configuration Control
                                             section. Comments will be available in                  Limitations (CDCCL) items to prevent the               environmental, and energy aspects of
                                             the AD docket shortly after receipt.                    development of unsafe conditions within the            this AD. We will consider all comments
                                             FOR FURTHER INFORMATION CONTACT: Tom                    fuel system.                                           received by the closing date and may
                                             Rodriquez, Aerospace Engineer,                             To introduce these Fuel ALI and CDCCL               amend this AD based on those
                                             International Section, Transport                        items, Fokker Services published Service
                                                                                                     Bulletin (SB) F28/28–050 and EASA issued
                                                                                                                                                            comments.
                                             Standards Branch, FAA, 1601 Lind                                                                                  We will post all comments we
                                             Avenue SW, Renton, WA 98057–3356;                       AD 2006–0208, requiring the implementation
                                                                                                     of these Fuel ALI and CDCCL items. That                receive, without change, to http://
                                             telephone: 425–227–1137; fax: 425–                      [EASA] AD was later revised to make                    www.regulations.gov, including any
                                             227–1149.                                               reference to SBF28–28–050R1 and to specify             personal information you provide. We
                                             SUPPLEMENTARY INFORMATION:                              that the use of later revisions was acceptable.        will also post a report summarizing each
                                                                                                        In 2014, Fokker Services issued Revision 2          substantive verbal contact we receive
                                             Discussion                                              of SBF28–28–050 to update the ALI and                  about this AD.
                                               We issued AD 2008–06–20 R1,                           CDCCL items and to consolidate Fuel ALI
                                             Amendment 39–16089 (74 FR 61018,                        and CDCCL items contained in a number of               Costs of Compliance
                                                                                                     other SBs. Consequently, EASA issued AD                  Currently, there are no affected U.S.-
ethrower on DSK3G9T082PROD with RULES




                                             November 23, 2009) (‘‘AD 2008–06–20
                                             R1’’), which applied to all Fokker                      2014–0110, superseding [EASA] AD 2006–                 registered airplanes. This AD requires
                                                                                                     0208R1 [which corresponds to FAA AD
                                             Services B.V. Model F28 Mark 0070 and                   2008–06–20 R1] and requiring the
                                                                                                                                                            contacting the FAA to obtain
                                             0100 airplanes, and certain Model F28                   implementation of the updated Fuel ALI and             instructions for addressing the unsafe
                                             Mark 1000, 2000, 3000, and 4000                         CDCCL items.                                           condition, and doing the actions
                                             airplanes. AD 2008–06–20 R1 was                            Since that [EASA] AD was issued, Fokker             specified in those instructions. Based on
                                             prompted by revised fuel ALI tasks, and                 Services issued Revision 3 of SBF28–28–050,            the actions specified in the MCAI AD,


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                                                               Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations                                                     2901

                                             we are providing the following cost                     estimates for an affected airplane that is
                                                                                                     placed on the U.S. Register in the future:

                                                                                                                    ESTIMATED COSTS
                                                                                                                                                                                                    Cost per
                                                                        Action                                                          Labor cost                                Parts cost        product

                                             Revise the maintenance or inspection program ..........           1 work-hour × $85 per hour = $85 ...............................                $0          $85



                                             Authority for This Rulemaking                             4. Will not have a significant                           inside fuel tanks, which, in combination with
                                                                                                     economic impact, positive or negative,                     flammable fuel vapors, could result in fuel
                                                Title 49 of the United States Code                                                                              tank explosions and consequent loss of the
                                                                                                     on a substantial number of small entities
                                             specifies the FAA’s authority to issue                                                                             airplane.
                                                                                                     under the criteria of the Regulatory
                                             rules on aviation safety. Subtitle I,
                                                                                                     Flexibility Act.                                           (f) Compliance
                                             section 106, describes the authority of
                                             the FAA Administrator. ‘‘Subtitle VII:                  List of Subjects in 14 CFR Part 39                           Comply with this AD within the
                                             Aviation Programs,’’ describes in more                    Air transportation, Aircraft, Aviation                   compliance times specified, unless already
                                             detail the scope of the Agency’s                        safety, Incorporation by reference,                        done.
                                             authority.                                              Safety.                                                    (g) Required Action(s)
                                                We are issuing this rulemaking under
                                             the authority described in ‘‘Subtitle VII,              Adoption of the Amendment                                    Within 30 days after the effective date of
                                             Part A, Subpart III, Section 44701:                       Accordingly, under the authority                         this AD, request instructions from the
                                             General requirements.’’ Under that                      delegated to me by the Administrator,                      Manager, International Section, Transport
                                             section, Congress charges the FAA with                  the FAA amends 14 CFR part 39 as                           Standards Branch, FAA, to address the
                                             promoting safe flight of civil aircraft in              follows:                                                   unsafe condition specified in paragraph (e) of
                                             air commerce by prescribing regulations                                                                            this AD; and accomplish the action(s) at the
                                             for practices, methods, and procedures                  PART 39—AIRWORTHINESS                                      times specified in, and in accordance with,
                                             the Administrator finds necessary for                   DIRECTIVES                                                 those instructions. Guidance can be found in
                                             safety in air commerce. This regulation                                                                            Mandatory Continuing Airworthiness
                                             is within the scope of that authority                   ■ 1. The authority citation for part 39                    Information (MCAI) European Aviation
                                             because it addresses an unsafe condition                continues to read as follows:                              Safety Agency (EASA) AD 2015–0030, dated
                                                                                                         Authority: 49 U.S.C. 106(g), 40113, 44701.             February 24, 2015.
                                             that is likely to exist or develop on
                                             products identified in this rulemaking                                                                             (h) Alternative Methods of Compliance
                                                                                                     § 39.13     [Amended]
                                             action.                                                                                                            (AMOCs)
                                                This AD is issued in accordance with                 ■ 2. The FAA amends § 39.13 by
                                                                                                                                                                   The Manager, International Section,
                                             authority delegated by the Executive                    removing airworthiness directive (AD)
                                                                                                                                                                Transport Standards Branch, FAA, has the
                                             Director, Aircraft Certification Service,               2008–06–20 R1, Amendment 39–16089                          authority to approve AMOCs for this AD, if
                                             as authorized by FAA Order 8000.51C.                    (74 FR 61018, November 23, 2009), and                      requested using the procedures found in 14
                                             In accordance with that order, issuance                 adding the following new AD:                               CFR 39.19. In accordance with 14 CFR 39.19,
                                             of ADs is normally a function of the                    2018–02–09 Fokker Services B.V.:                           send your request to your principal inspector
                                             Compliance and Airworthiness                                Amendment 39–19162; Docket No.                         or local Flight Standards District Office, as
                                             Division, but during this transition                        FAA–2018–0022; Product Identifier                      appropriate. If sending information directly
                                             period, the Executive Director has                          2015–NM–044–AD.                                        to the International Section, send it to the
                                             delegated the authority to issue ADs                    (a) Effective Date                                         attention of the person identified in
                                             applicable to transport category                          This AD becomes effective February 6,                    paragraph (i)(2) of this AD. Information may
                                             airplanes to the Director of the System                 2018.                                                      be emailed to: 9-ANM-116-AMOC-
                                             Oversight Division.                                                                                                REQUESTS@faa.gov. Before using any
                                                                                                     (b) Affected ADs
                                                                                                                                                                approved AMOC, notify your appropriate
                                             Regulatory Findings                                       This AD replaces AD 2008–06–20 R1,                       principal inspector, or lacking a principal
                                               We determined that this AD will not                   Amendment 39–16089 (74 FR 61018,                           inspector, the manager of the local flight
                                                                                                     November 23, 2009) (‘‘AD 2008–06–20 R1’’).
                                             have federalism implications under                                                                                 standards district office/certificate holding
                                             Executive Order 13132. This AD will                     (c) Applicability                                          district office.
                                             not have a substantial direct effect on                    This AD applies to Fokker Services B.V.                 (i) Related Information
                                             the States, on the relationship between                 Model F28 Mark 1000, 2000, 3000, and 4000
                                             the national government and the States,                 airplanes, certificated in any category, all                  (1) Refer to MCAI EASA 2015–0030, dated
                                             or on the distribution of power and                     manufacturer serial numbers.                               February 24, 2015, for related information.
                                             responsibilities among the various                                                                                 You may examine the MCAI on the internet
                                                                                                     (d) Subject
                                             levels of government.                                                                                              at http://www.regulations.gov by searching
                                                                                                       Air Transport Association (ATA) of                       for and locating Docket No. FAA–2018–0022.
                                               For the reasons discussed above, I                    America Code 28, Fuel.                                        (2) For more information about this AD,
                                             certify that this AD:
                                                                                                     (e) Reason                                                 contact Tom Rodriquez, Aerospace Engineer,
                                               1. Is not a ‘‘significant regulatory
ethrower on DSK3G9T082PROD with RULES




                                                                                                        This AD was prompted by the issuance of                 International Section, Transport Standards
                                             action’’ under Executive Order 12866;                                                                              Branch, FAA, 1601 Lind Avenue SW,
                                                                                                     revised fuel airworthiness limitation items
                                               2. Is not a ‘‘significant rule’’ under the                                                                       Renton, WA 98057–3356; telephone: 425–227
                                                                                                     (ALI) tasks, critical design configuration
                                             DOT Regulatory Policies and Procedures                  control limitations (CDCCL) items and                      –1137; fax: 425–227–1149.
                                             (44 FR 11034, February 26, 1979);                       associated thresholds, intervals and
                                               3. Will not affect intrastate aviation in             instructions. We are issuing this AD to                    (j) Material Incorporated by Reference
                                             Alaska; and                                             reduce the potential of ignition sources                      None.



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                                             2902                 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations

                                                Issued in Renton, Washington, on January                  following adjusted amounts will take                   (recycled oil labeling violations)—
                                             9, 2018.                                                     effect on January 22, 2018:                            Increase from $21,598 to $22,039;
                                             John P. Piccola, Jr.,                                           • Section 7A(g)(1) of the Clayton Act,                 • Section 525(b) of the Energy Policy
                                             Acting Director, System Oversight Division,                  15 U.S.C. 18a(g)(1) (premerger filing                  and Conservation Act, 42 U.S.C. 6395(b)
                                             Aircraft Certification Service.                              notification violations under the Hart-                (willful violations of recycled oil
                                             [FR Doc. 2018–00950 Filed 1–19–18; 8:45 am]                  Scott-Rodino Improvements Act)—                        labeling requirements)—Increase from
                                             BILLING CODE 4910–13–P                                       Increase from $40,654 to $41,484;                      $40,654 to $41,484;
                                                                                                             • Section 11(l) of the Clayton Act, 15                 • Section 621(a)(2) of the Fair Credit
                                                                                                          U.S.C. 21(l) (violations of cease and                  Reporting Act, 15 U.S.C. 1681s(a)(2)
                                                                                                          desist orders issued under Clayton Act                 (knowing violations of the Fair Credit
                                             FEDERAL TRADE COMMISSION                                     section 11(b))—Increase from $21,598 to                Reporting Act)—Increase from $3,817 to
                                                                                                          $22,039;                                               $3,895;
                                             16 CFR Part 1                                                   • Section 5(l) of the FTC Act, 15                      • Section 1115(a) of the Medicare
                                                                                                          U.S.C. 45(l) (unfair or deceptive acts or              Prescription Drug Improvement and
                                             Adjustments to Civil Penalty Amounts                         practices)—Increase from $40,654 to                    Modernization Act of 2003, Public Law
                                                                                                          $41,484;                                               108–173, 21 U.S.C. 355 note (failure to
                                             AGENCY:       Federal Trade Commission.
                                                                                                             • Section 5(m)(1)(A) of the FTC Act,                comply with filing requirements)—
                                             ACTION:      Final rule.                                     15 U.S.C. 45(m)(1)(A) (unfair or                       Increase from $14,373 to $14,666; and
                                                                                                          deceptive acts or practices)—Increase                     • Section 814(a) of the Energy
                                             SUMMARY:  The Federal Trade
                                                                                                          from $40,654 to $41,484;                               Independence and Security Act of 2007,
                                             Commission (‘‘FTC’’ or ‘‘Commission’’)                          • Section 5(m)(1)(B) of the FTC Act,
                                             is implementing adjustments to the civil                                                                            42 U.S.C. 17304 (violations of
                                                                                                          15 U.S.C. 45(m)(1)(B) (unfair or
                                             penalty amounts within its jurisdiction                                                                             prohibitions on market manipulation
                                                                                                          deceptive acts or practices)—Increase
                                             to account for inflation, as required by                                                                            and provision of false information to
                                                                                                          from $40,654 to $41,484;
                                             law.                                                            • Section 10 of the FTC Act, 15 U.S.C.              federal agencies)—Increase from
                                             DATES: Effective date: January 22, 2018.                     50 (failure to file required reports)—                 $1,156,953 to $1,180,566.
                                             FOR FURTHER INFORMATION CONTACT:                             Increase from $534 to $545;                            Calculation of Inflation Adjustments
                                             Kenny A. Wright, Attorney, Office of the                        • Section 5 of the Webb-Pomerene
                                                                                                          (Export Trade) Act, 15 U.S.C. 65 (failure                The FCPIAA, as amended, directs
                                             General Counsel, FTC, 600                                                                                           federal agencies to adjust each civil
                                             Pennsylvania Avenue NW, Washington,                          by associations engaged solely in export
                                                                                                          trade to file required statements)—                    monetary penalty under their
                                             DC 20580, (202) 326–2907, kwright@                                                                                  jurisdiction for inflation in January of
                                             ftc.gov.                                                     Increase from $534 to $545;
                                                                                                             • Section 6(b) of the Wool Products                 each year pursuant to a cost-of-living
                                             SUPPLEMENTARY INFORMATION:                                   Labeling Act, 15 U.S.C. 68d(b) (failure                adjustment.5 The cost-of-living
                                             Commission Rule 1.98 sets forth civil                        by wool manufacturers to maintain                      adjustment is based on the percent
                                             penalty amounts for violations of certain                    required records)—Increase from $534                   change between the U.S. Department of
                                             laws enforced by the Commission.1 As                         to $545;                                               Labor’s Consumer Price Index for all-
                                             mandated by the Federal Civil Penalties                         • Section 3(e) of the Fur Products                  urban consumers (‘‘CPI–U’’) for the
                                             Inflation Adjustment Act Improvements                        Labeling Act, 15 U.S.C. 69a(e) (failure to             month of October preceding the date of
                                             Act of 2015,2 the Commission adjusted                        maintain required records regarding fur                the adjustment, and the CPI–U for
                                             the maximum civil penalty amounts                            products)—Increase from $534 to $545;                  October of the prior year.6 Based on that
                                             under its jurisdiction through an Interim                       • Section 8(d)(2) of the Fur Products               formula, the cost-of-living adjustment
                                             Final Rulemaking in June 2016 3 and a                        Labeling Act, 15 U.S.C. 69f(d)(2) (failure             multiplier for 2018 is 1.02041. The
                                             subsequent annual inflation adjustment                       to maintain required records regarding                 FCPIAA also directs that these penalty
                                             in January 2017.4                                            fur products)—Increase from $534 to                    level adjustments should be rounded to
                                                Following the initial catch-up                            $545;                                                  the nearest dollar. Agencies do not have
                                             adjustment, the FCPIAA, as amended,                             • Section 333(a) of the Energy Policy               discretion over whether to adjust a
                                             directs agencies to adjust their civil                       and Conservation Act, 42 U.S.C. 6303(a)                maximum civil penalty, or the method
                                             penalties for inflation every January                        (knowing violations of EPCA section                    used to determine the adjustment.
                                             thereafter. Accordingly, the Commission                      332, including labeling violations)—                     The following chart illustrates the
                                             is increasing these maximum civil                            Increase from $440 to $449;                            application of these adjustments to the
                                             penalty amounts to address inflation                            • Section 525(a) of the Energy Policy               civil monetary penalties under the
                                             since the January 2017 adjustment. The                       and Conservation Act, 42 U.S.C. 6395(a)                Commission’s jurisdiction.

                                                                                CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES
                                                                                                                                                                  Current         Adjustment          Adjusted
                                                                     Citation                                               Description                           penalty          multiplier          penalty
                                                                                                                                                                  (2017)

                                             16   CFR   1.98(a): 15 U.S.C. 18a(g)(1) .............       Premerger filing notification violations ...........        $40,654            1.02041           $41,484
                                             16   CFR   1.98(b): 15 U.S.C. 21(l) .....................   Violations of cease and desist orders ............           21,598            1.02041            22,039
                                             16   CFR   1.98(c): 15 U.S.C. 45(l) .....................   Unfair or deceptive acts or practices .............          40,654            1.02041            41,484
ethrower on DSK3G9T082PROD with RULES




                                             16   CFR   1.98(d): 15 U.S.C. 45(m)(1)(A) .........         Unfair or deceptive acts or practices .............          40,654            1.02041            41,484

                                               1 16 CFR 1.98.                                               3 81 FR 42476 (June 30, 2016).                       Inflation Adjustments for 2018, Pursuant to the
                                               2 Public Law 114–74, section 701, 129 Stat. 599              4 82                                                 Federal Civil Penalties Inflation Adjustment Act
                                                                                                                 FR 8135 (Jan. 24, 2017).
                                             (2015). The Act amends the Federal Civil Penalties            5 28 U.S.C. 2461 note (4).                            Improvements Act of 2015, at 4 (December 15,
                                             Inflation Adjustment Act (‘‘FCPIAA’’), Public Law             6 Id. (3), (5)(b); Office of Management and Budget,   2017), available at https://www.whitehouse.gov/wp-
                                             101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461                                                                  content/uploads/2017/11/M-18-03.pdf.
                                             note).                                                       Memorandum M–18–03, Implementation of Penalty




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Document Created: 2018-01-23 21:35:30
Document Modified: 2018-01-23 21:35:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD becomes effective February 6, 2018.
ContactTom Rodriquez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1137; fax: 425- 227-1149.
FR Citation83 FR 2899 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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