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Federal Register / Vol. 73, No.

54 / Wednesday, March 19, 2008 / Rules and Regulations 14661

has approved the information collection Material Incorporated by Reference Maurice Bellonte, 31707 Blagnac Cedex,
requirements and has assigned OMB Control (i) You must use the applicable Airbus France.
Number 2120–0056. (3) You may review copies at the FAA,
service bulletin specified in Table 1 of this
Related Information AD to do the actions required by this AD, Transport Airplane Directorate, 1601 Lind
unless the AD specifies otherwise. Avenue, SW., Renton, Washington; or at the
(h) Refer to MCAI EASA Airworthiness
(1) The Director of the Federal Register National Archives and Records
Directive 2007–0239, dated September 3,
2007; and Airbus Service Bulletins A330–28– approved the incorporation by reference of Administration (NARA). For information on
3103 and A340–28–4120, both Revision 01, this service information under 5 U.S.C. the availability of this material at NARA, call
both dated January 11, 2008; and A340–28– 552(a) and 1 CFR part 51. (202) 741–6030, or go to: http://
5044, dated July 17, 2007; for related (2) For service information identified in www.archives.gov/federal-register/cfr/ibr-
information. this AD, contact Airbus, 1 Rond Point locations.html.

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE


Service Bulletin Revision Date

A330–28–3103 ................................................................................................................................. 01 .............................. January 11, 2008.


A340–28–4120 ................................................................................................................................. 01 .............................. January 11, 2008.
A340–28–5044 ................................................................................................................................. Original ...................... July 17, 2007.

Issued in Renton, Washington, on March 9, These are identified in Failure Conditions for FAR (Federal Aviation Regulation) § 25.901
2008. which an unacceptable probability of ignition and § 25.981(a) and (b).
Stephen P. Boyd, risk could exist if specific tasks and/or A similar regulation has been
practices are not performed in accordance recommended by the JAA (Joint Aviation
Manager, Transport Airplane Directorate,
with the manufacturers’ requirements. Authorities) to the European National
Aircraft Certification Service.
Aviation Authorities in JAA letter 04/00/02/
[FR Doc. E8–5275 Filed 3–18–08; 8:45 am] We are issuing this AD to require 07/03–L024 of 3 February 2003. The review
BILLING CODE 4910–13–P actions to correct the unsafe condition was requested to be mandated by NAA’s
on these products. (National Aviation Authorities) using JAR
DATES: This AD becomes effective April (Joint Aviation Regulation) § 25.901(c),
DEPARTMENT OF TRANSPORTATION 23, 2008. § 25.1309.
The Director of the Federal Register In August 2005 EASA published a policy
Federal Aviation Administration statement on the process for developing
approved the incorporation by reference instructions for maintenance and inspection
of certain publications listed in this AD of Fuel Tank System ignition source
14 CFR Part 39 as of April 23, 2008. prevention (EASA D 2005/CPRO, http://
[Docket No. FAA–2007–29030; Directorate ADDRESSES: You may examine the AD www.easa.eu.int/home/
Identifier 2006–NM–284–AD; Amendment docket on the Internet at http:// cert_policy_statements_en.html) that also
39–15432; AD 2008–06–20] www.regulations.gov or in person at the included the EASA expectations with regard
to compliance times of the corrective actions
RIN 2120–AA64 U.S. Department of Transportation,
on the unsafe and the not unsafe part of the
Docket Operations, M–30, West harmonised design review results. On a
Airworthiness Directives; Fokker Building Ground Floor, Room W12–140, global scale the TC (type certificate) holders
Model F.28 Mark 0070, 0100, 1000, 1200 New Jersey Avenue, SE., committed themselves to the EASA
2000, 3000, and 4000 Airplanes Washington, DC. published compliance dates (see EASA
FOR FURTHER INFORMATION CONTACT: Tom policy statement). The EASA policy
AGENCY: Federal Aviation statement has been revised in March 2006:
Administration (FAA), Department of Rodriguez, Aerospace Engineer,
the date of 31–12–2005 for the unsafe related
Transportation (DOT). International Branch, ANM–116, FAA,
actions has now been set at 01–07–2006.
Transport Airplane Directorate, 1601 Fuel Airworthiness Limitations are items
ACTION: Final rule.
Lind Avenue, SW., Renton, Washington arising from a systems safety analysis that
SUMMARY: We are adopting a new 98057–3356; telephone (425) 227–1137; have been shown to have failure mode(s)
airworthiness directive (AD) for the fax (425) 227–1149. associated with an ‘unsafe condition’ as
products listed above. This AD results SUPPLEMENTARY INFORMATION: defined in FAA’s memo 2003–112–15 ‘SFAR
from mandatory continuing 88—Mandatory Action Decision Criteria’.
Discussion These are identified in Failure Conditions for
airworthiness information (MCAI)
which an unacceptable probability of ignition
originated by an aviation authority of We issued a notice of proposed
risk could exist if specific tasks and/or
another country to identify and correct rulemaking (NPRM) to amend 14 CFR practices are not performed in accordance
an unsafe condition on an aviation part 39 to include an AD that would with the manufacturers’ requirements.
product. The MCAI describes the unsafe apply to the specified products. That This EASA Airworthiness Directive
condition as: NPRM was published in the Federal mandates the Fuel System Airworthiness
Subsequent to accidents involving Fuel
Register on August 21, 2007 (72 FR Limitations, comprising maintenance/
46572). That NPRM proposed to correct inspection tasks and Critical Design
Tank System explosions in flight * * * and
an unsafe condition for the specified Configuration Control Limitations (CDCCL)
on ground, * * * Special Federal Aviation
products. The MCAI states: for the type of aircraft, that resulted from the
Regulation 88 (SFAR88) * * * required a
design reviews and the JAA recommendation
safety review of the aircraft Fuel Tank Subsequent to accidents involving Fuel and EASA policy statement mentioned
System * * *.
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Tank System explosions in flight * * * and above.


* * * * * on ground, the FAA published Special
Fuel Airworthiness Limitations are items Federal Aviation Regulation 88 (SFAR 88) in The corrective action includes revising
arising from a systems safety analysis that June 2001. SFAR 88 required a safety review the Airworthiness Limitations Section
have been shown to have failure mode(s) of the aircraft Fuel Tank System to determine of the Instructions for Continued
associated with an ‘unsafe condition’ * * *. that the design meets the requirements of Airworthiness for certain airplanes, and

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14662 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations

the FAA-approved maintenance means of compliance. SAM Airlines Request To Clarify Changes to
program for certain other airplanes, to would like to know if the use of later Maintenance Program
incorporate new limitations for fuel tank revisions of the report would require SAM Airlines also requests that we
systems. You may obtain further approval through the provisions of clarify paragraphs (f)(1)(i) and (f)(2)(i) of
information by examining the MCAI in paragraph (g)(1) of the NPRM. the NPRM regarding what changes are
the AD docket. being made to the maintenance
We agree with the commenter’s
Actions Since the NPRM Was Issued request. In the NPRM, we referred to program. SAM states that the meaning
Since we issued the NPRM, we have Issue 1, dated January 31, 2006, of the of the word ‘‘limits’’ in paragraph
received Fokker Service Bulletin report as the appropriate source of (f)(1)(i) of the NPRM is unclear. In SAM
SBF28–28–050, Revision 1, dated service information for accomplishing Airlines’ interpretation, the intended
January 8, 2008. (We referred to Fokker the required actions. Issue 2 of the action in paragraph (f)(1)(i) is to
Service Bulletin F28/28–050, dated June report includes the CDCCL control incorporate into the aircraft
30, 2006, in the NPRM as an appropriate references, as published in the June 1, maintenance program the intervals of
source of service information for 2006, revision of the airplane the fuel ALI tasks. If so, SAM Airlines
accomplishing the required actions.) requests that we revise the wording to
maintenance manual. Issue 2 also
Revision 1 of the service bulletin say: ‘‘* * * Instructions for Continued
changes task descriptions for the fuel
includes editorial changes, changes to Airworthiness and incorporate the Fuel
ALIs in accordance with the ALI tasks and intervals specified in
certain CDCCL control references, and Maintenance Review Board document.
changes to the compliance paragraph. Fokker * * *.’’
We have changed paragraphs (f) and (h) We have revised paragraphs (f) and SAM Airlines also explains that
of the AD to refer to Revision 1 of the (h) of this AD to refer to Issue 2 of the accomplishing the CDCCL is
service bulletin. We have also added a report. We have also specified in the unscheduled and requires
new paragraph (f)(5) to the AD to new paragraph (f)(5) of the AD that distinguishing which inspection is
specify, in part, that actions done before actions done before the effective date of needed in addition to the normal
the effective date of this AD in this AD in accordance with Issue 1 of maintenance task. Therefore, it is not
accordance with Fokker Service Bulletin Report SE–672 are acceptable for practical to incorporate the CDCCL into
F28/28–050, dated June 30, 2006, are compliance with the corresponding the aircraft maintenance program, as
acceptable for compliance with the requirements of this AD. We also specified in paragraph (f)(2)(i) of the
corresponding requirements of this AD. revised paragraph (f)(4) of this AD to NPRM. SAM Airlines suggests the
Operators should note that we have allow the use of later revisions of the following wording to clarify paragraph
excluded the CDCCL component titled report, if those revisions are approved (f)(2)(i) of the NPRM: ‘‘* * *
‘‘Level Control Pilot Valve Solenoid, by the Manager, International Branch, Instructions for Continued
jiffy junction,’’ from the requirements of ANM–116, FAA, or the European Airworthiness and adhere to the CDCCL
paragraph (f)(2)(i) of this AD. Fokker 70/ Aviation Safety Agency (EASA), or its requirements as defined in Fokker
100 Fuel Airworthiness Limitation * * *.’’
delegated agent.
Items (ALI) and Critical Design We agree that clarification is
Configuration Control Limitations Request To Remove Reference to necessary. This AD requires affected
(CDCCL) Report SE–672, Issue 2, Service Information in Certain operators to revise their copies of their
specifies that the appropriate reference Paragraphs Airworthiness Limitations document to
for this CDCCL control has not yet been incorporate the fuel system limitation
SAM Airlines also requests that we inspections. This consists of the
published. Therefore, we cannot include
it in the requirements of this AD. We remove the reference to Fokker Service inspections, thresholds, and intervals.
may consider additional rulemaking to Bulletin F28/28–050, dated June 30, We have added these terms to
address this item when the reference is 2006, from paragraphs (f)(1)(i) and paragraphs (f)(1)(i) and (f)(1)(ii) of this
available. (f)(2)(i) of the NPRM. SAM Airlines AD. The AD also requires revising the
points out that those paragraphs apply Airworthiness Limitations Section
Comments only to Fokker Model F.28 Mark 0070 (ALS) to incorporate the CDCCLs as
We gave the public the opportunity to and 0100 airplanes, which are not defined in the applicable service
participate in developing this AD. We included in Fokker Service Bulletin information.
considered the comments received. F28/28–050. Further, for airplanes that do not have
an ALI, this AD requires that operators
Request To Refer to Later Revision of We agree with SAM Airlines for the
revise the maintenance program to
Report reason stated. We infer that SAM
include the ALI inspections, thresholds,
SAM Airlines requests that we revise Airlines also requests we remove the
and intervals. It also requires
paragraph (f) of the AD to refer to reference to Fokker 70/100 Fuel incorporation of the CDCCLs as defined
Fokker 70/100 Fuel Airworthiness Airworthiness Limitation Items (ALI) in the applicable service information to
Limitation Items (ALI) and Critical and Critical Design Configuration ensure that the specified design
Design Configuration Control Control Limitations (CDCCL) Report SE– configurations are maintained whenever
Limitations (CDCCL) Report SE–672, 672, Issue 1, dated January 31, 2006, any work is performed.
Issue 2, dated December 1, 2006. SAM from paragraphs (f)(1)(ii) and (f)(2)(ii) of Subsequently, section 91.403(c) of the
Airlines points out that EASA AD 2006– the NPRM because those paragraphs Federal Aviation Regulations (14 CFR
0208, dated July 12, 2006 (a parallel apply only to Fokker Model F.28 Mark 91.403(c)) requires an affected operator
EASA Airworthiness Directive for this 1000, 2000, 3000, and 4000 airplanes, to comply with the revised
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AD), includes provisions to use Issue 1 which are not included in Report SE– Airworthiness Limitations document.
of the report ‘‘or later approved 672. We have revised paragraphs Ensuring that one’s maintenance
revisions.’’ However, the NPRM does (f)(1)(i), (f)(1)(ii), (f)(2)(i), and (f)(2)(ii) of program and the actions of its
not allow for use of later approved the AD to refer only to the applicable maintenance personnel are in
revisions of this report as an acceptable documents. accordance with the Airworthiness

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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations 14663

Limitations is required, but not by the MCAI in order to follow our FAA www.regulations.gov; or in person at the
AD. According to 14 CFR 91.403(c), no policies. Any such differences are Docket Operations office between 9 a.m.
person may operate an aircraft for which highlighted in a NOTE within the AD. and 5 p.m., Monday through Friday,
airworthiness limitations have been except Federal holidays. The AD docket
Costs of Compliance
issued unless those limitations have contains the NPRM, the regulatory
been complied with. Therefore, there is We estimate that this AD will affect evaluation, any comments received, and
no need to further expand the 18 products of U.S. registry. We also other information. The street address for
requirements of the AD beyond that estimate that it will take about 1 work- the Docket Operations office (telephone
which was proposed because 14 CFR hour per product to comply with the (800) 647–5527) is in the ADDRESSES
91.403(c) already imposes the basic requirements of this AD. The section. Comments will be available in
appropriate required action after the average labor rate is $80 per work-hour. the AD docket shortly after receipt.
airworthiness limitations are revised. Based on these figures, we estimate the
cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39
Explanation of Additional Changes be $1,440, or $80 per product. Air transportation, Aircraft, Aviation
Made to This AD safety, Incorporation by reference,
Authority for This Rulemaking Safety.
For standardization purposes, we
have revised this AD in the following Title 49 of the United States Code
specifies the FAA’s authority to issue Adoption of the Amendment
ways:
• In most ADs, we adopt a rules on aviation safety. Subtitle I, ■ Accordingly, under the authority
compliance time allowing a specified section 106, describes the authority of delegated to me by the Administrator,
amount of time after the AD’s effective the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as
date. In this case, however, the FAA has Aviation Programs,’’ describes in more follows:
already issued regulations that require detail the scope of the Agency’s
operators to revise their maintenance/ authority. PART 39—AIRWORTHINESS
inspection programs to address fuel tank We are issuing this rulemaking under DIRECTIVES
safety issues. The compliance date for the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39
these regulations is December 16, 2008. Part A, Subpart III, Section 44701: continues to read as follows:
To provide for coordinated General requirements.’’ Under that
implementation of these regulations and section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701.
this AD, we are including this same promoting safe flight of civil aircraft in § 39.13 [Amended]
compliance date in paragraphs (f)(1) and air commerce by prescribing regulations
(f)(2) of this AD. for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding
• We have simplified the language in the Administrator finds necessary for the following new AD:
Note 1 of this AD to clarify that an safety in air commerce. This regulation 2008–06–20 Fokker Services B.V.:
operator must request approval for an is within the scope of that authority Amendment 39–15432. Docket No.
alternative method of compliance because it addresses an unsafe condition FAA–2007–29030; Directorate Identifier
2006–NM–284–AD.
(AMOC) if an operator cannot that is likely to exist or develop on
accomplish the required inspections products identified in this rulemaking Effective Date
because an airplane has been previously action. (a) This airworthiness directive (AD)
modified, altered, or repaired in the becomes effective April 23, 2008.
Regulatory Findings
areas addressed by the required Affected ADs
inspections. We determined that this AD will not
have federalism implications under (b) None.
Conclusion Executive Order 13132. This AD will Applicability
We reviewed the available data, not have a substantial direct effect on (c) This AD applies to Fokker Model F.28
including the comments received, and the States, on the relationship between Mark 0070 and 0100 airplanes, all serial
determined that air safety and the the national government and the States, numbers, certificated in any category; and
public interest require adopting the AD or on the distribution of power and Model F.28 Mark 1000, 2000, 3000, and 4000
with the changes described previously. responsibilities among the various airplanes, serial numbers 11003 through
We determined that these changes will levels of government. 11241, 11991 and 11992, certificated in any
not increase the economic burden on category.
For the reasons discussed above, I
any operator or increase the scope of the certify this AD: Note 1: This AD requires revisions to
AD. 1. Is not a ‘‘significant regulatory certain operator maintenance documents to
include new inspections. Compliance with
action’’ under Executive Order 12866; these inspections is required by 14 CFR
Differences Between This AD and the
2. Is not a ‘‘significant rule’’ under the 91.403(c). For airplanes that have been
MCAI or Service Information
DOT Regulatory Policies and Procedures previously modified, altered, or repaired in
We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and the areas addressed by these inspections, the
related service information and, in 3. Will not have a significant operator may not be able to accomplish the
general, agree with their substance. But economic impact, positive or negative, inspections described in the revisions. In this
we might have found it necessary to use on a substantial number of small entities situation, to comply with 14 CFR 91.403(c),
different words from those in the MCAI under the criteria of the Regulatory the operator must request approval for an
to ensure the AD is clear for U.S. alternative method of compliance according
Flexibility Act.
to paragraph (g)(1) of this AD. The request
operators and is enforceable. In making We prepared a regulatory evaluation should include a description of changes to
these changes, we do not intend to differ of the estimated costs to comply with
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the required inspections that will ensure the


substantively from the information this AD and placed it in the AD docket. continued operational safety of the airplane.
provided in the MCAI and related
service information. Examining the AD Docket Subject
We might also have required different You may examine the AD docket on (d) Transport Association (ATA) of
actions in this AD from those in the the Internet at http:// America Code 28: Fuel.

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14664 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations

Reason of this AD. The repetitive inspections must Directorate, FAA, or the European Aviation
(e) The mandatory continuing be accomplished thereafter at the intervals Safety Agency (EASA), or its delegated agent,
airworthiness information (MCAI) states: not to exceed those specified in Fokker 70/ or unless the inspection, interval, or CDCCL
100 Fuel Airworthiness Limitation Items is approved as an alternative method of
Subsequent to accidents involving Fuel
(ALI) and Critical Design Configuration compliance (AMOC) in accordance with the
Tank System explosions in flight * * * and
Control Limitations (CDCCL) Report SE–672, procedures specified in paragraph (g)(1) of
on ground, the FAA published Special
Issue 2, dated December 1, 2006; or Fokker this AD.
Federal Aviation Regulation 88 (SFAR 88) in
Service Bulletin SBF28–28–050, Revision 1, (5) Actions done before the effective date
June 2001. SFAR 88 required a safety review
dated January 8, 2008; as applicable; except of this AD in accordance with Fokker 70/100
of the aircraft Fuel Tank System to determine
as provided by paragraphs (f)(3), (f)(4), and Fuel Airworthiness Limitation Items (ALI)
that the design meets the requirements of
(g)(1) of this AD. and Critical Design Configuration Control
FAR (Federal Aviation Regulation) § 25.901
(i) For Model F.28 Mark 0070 and 0100 Limitations (CDCCL) Report SE–672, Issue 1,
and § 25.981(a) and (b).
airplanes: Revise the Airworthiness dated January 31, 2006; or Fokker Service
A similar regulation has been
Limitations Section (ALS) of the Instructions Bulletin F28/28–050, dated June 30, 2006; are
recommended by the JAA (Joint Aviation
for Continued Airworthiness to incorporate acceptable for compliance with the
Authorities) to the European National
the inspections, thresholds, and intervals corresponding requirements of this AD.
Aviation Authorities in JAA letter 04/00/02/
specified in Fokker 70/100 Fuel Note 2: For Model F.28 Mark 1000, 2000,
07/03–L024 of 3 February 2003. The review
Airworthiness Limitation Items (ALI) and 3000, and 4000 airplanes, after an operator
was requested to be mandated by NAA’s
Critical Design Configuration Control complies with the requirements of
(National Aviation Authorities) using JAR
Limitations (CDCCL) Report SE–672, Issue 2, paragraphs (f)(1)(ii) and (f)(2)(ii) of this AD,
(Joint Aviation Regulation) § 25.901(c),
dated December 1, 2006. those paragraphs do not require that
§ 25.1309.
(ii) For Model F.28 Mark 1000, 2000, 3000, operators subsequently record
In August 2005 EASA published a policy
and 4000 airplanes: Incorporate into the accomplishment of those requirements each
statement on the process for developing
FAA-approved maintenance inspection time an applicable action is accomplished
instructions for maintenance and inspection
of Fuel Tank System ignition source program the inspections, thresholds, and according to that operator’s FAA-approved
prevention (EASA D 2005/CPRO, http:// intervals specified in Fokker Service Bulletin maintenance inspection program.
www.easa.eu.int/home/ SBF28–28–050, Revision 1, dated January 8,
2008. FAA AD Differences
cert_policy_statements_en.html) that also
included the EASA expectations with regard (2) Within 3 months after the effective date
Note 3: This AD differs from the MCAI
to compliance times of the corrective actions of this AD or before December 16, 2008,
and/or service information as follows: No
on the unsafe and the not unsafe part of the whichever occurs first, do the action in
differences.
harmonised design review results. On a paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as
global scale the TC (type certificate) holders applicable. Other FAA AD Provisions
committed themselves to the EASA (i) For Model F.28 Mark 0070 and 0100
(g) The following provisions also apply to
published compliance dates (see EASA airplanes: Revise the Airworthiness
this AD:
policy statement). The EASA policy Limitations Section (ALS) of the Instructions
(1) Alternative Methods of Compliance
statement has been revised in March 2006: for Continued Airworthiness to incorporate
(AMOCs): The Manager, International
The date of 31–12–2005 for the unsafe related the CDCCLs as defined in Fokker 70/100 Fuel
Branch, ANM–116, FAA, has the authority to
actions has now been set at 01–07–2006. Airworthiness Limitation Items (ALI) and
approve AMOCs for this AD, if requested
Fuel Airworthiness Limitations are items Critical Design Configuration Control
using the procedures found in 14 CFR 39.19.
arising from a systems safety analysis that Limitations (CDCCL) Report SE–672, Issue 2,
Send information to ATTN: Tom Rodriguez,
have been shown to have failure mode(s) dated December 1, 2006, except for the
Aerospace Engineer, International Branch,
associated with an ‘unsafe condition’ as CDCCL component titled ‘‘Level Control Pilot ANM–116, FAA, Transport Airplane
defined in FAA’s memo 2003–112–15 ‘SFAR Valve Solenoid, jiffy junction.’’ Directorate, 1601 Lind Avenue, SW., Renton,
88—Mandatory Action Decision Criteria’. (ii) For Model F.28 Mark 1000, 2000, 3000, Washington 98057–3356; telephone (425)
These are identified in Failure Conditions for and 4000 airplanes: Incorporate into the 227–1137; fax (425) 227–1149. Before using
which an unacceptable probability of ignition FAA-approved maintenance inspection any approved AMOC on any airplane to
risk could exist if specific tasks and/or program the CDCCLs as defined in Fokker which the AMOC applies, notify your
practices are not performed in accordance Service Bulletin SBF28–28–050, Revision 1, appropriate principal inspector (PI) in the
with the manufacturers’ requirements. dated January 8, 2008. FAA Flight Standards District Office (FSDO),
This EASA Airworthiness Directive (3) Where Fokker 70/100 Fuel or lacking a PI, your local FSDO.
mandates the Fuel System Airworthiness Airworthiness Limitation Items (ALI) and (2) Airworthy Product: For any requirement
Limitations, comprising maintenance/ Critical Design Configuration Control in this AD to obtain corrective actions from
inspection tasks and Critical Design Limitations (CDCCL) Report SE–672, Issue 2, a manufacturer or other source, use these
Configuration Control Limitations (CDCCL) dated December 1, 2006; and Fokker Service actions if they are FAA-approved. Corrective
for the type of aircraft, that resulted from the Bulletin SBF28–28–050, Revision 1, dated actions are considered FAA-approved if they
design reviews and the JAA recommendation January 8, 2008; allow for exceptional short- are approved by the State of Design Authority
and EASA policy statement mentioned term extensions, an exception is acceptable (or their delegated agent). You are required
above. to the FAA if it is approved by the to assure the product is airworthy before it
The corrective action includes revising the appropriate principal inspector in the FAA is returned to service.
Airworthiness Limitations Section of the Flight Standards Certificate Holding District (3) Reporting Requirements: For any
Instructions for Continued Airworthiness for Office. reporting requirement in this AD, under the
certain airplanes, and the FAA-approved (4) After accomplishing the actions provisions of the Paperwork Reduction Act,
maintenance program for certain other specified in paragraphs (f)(1) and (f)(2) of this the Office of Management and Budget (OMB)
airplanes, to incorporate new limitations for AD, no alternative inspection, inspection has approved the information collection
fuel tank systems. interval, or CDCCL may be used, unless the requirements and has assigned OMB Control
inspection, interval, or CDCCL is part of a Number 2120–0056.
Actions and Compliance later revision of Fokker 70/100 Fuel
(f) Unless already done, do the following Airworthiness Limitation Items (ALI) and Related Information
actions. Critical Design Configuration Control (h) Refer to MCAI European Aviation
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(1) Within 3 months after the effective date Limitations (CDCCL) Report SE–672, Issue 2, Safety Agency (EASA) Airworthiness
of this AD or before December 16, 2008, dated December 1, 2006; or Fokker Service Directive 2006–0206, dated June 11, 2006;
whichever occurs first, do the action in Bulletin SBF28–28–050, Revision 1, dated EASA Airworthiness Directive 2006–0208,
paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as January 8, 2008; as applicable; that is dated July 12, 2006; Fokker 70/100 Fuel
applicable. For all identified tasks, the initial approved by the Manager, ANM–116, Airworthiness Limitation Items (ALI) and
compliance time starts from the effective date International Branch, Transport Airplane Critical Design Configuration Control

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Limitations (CDCCL) Report SE–672, Issue 2, wiring loom protective sleeving is not fitted Differences Between this AD and the
dated December 1, 2006; and Fokker Service to aircraft S/N 107 through to 134. AD MCAI or Service Information
Bulletin SBF28–28–050, Revision 1, dated applicability revised to include aircraft up to
January 8, 2008; for related information. S/N 134. We have reviewed the MCAI and
To prevent fretting damage to the wiring related service information and, in
Material Incorporated by Reference general, agree with their substance. But
loom that may lead to arcing in proximity to
(i) You must use Fokker 70/100 Fuel the fuel vent lines and the possibility of fire we might have found it necessary to use
Airworthiness Limitation Items (ALI) and * * *. different words from those in the MCAI
Critical Design Configuration Control to ensure the AD is clear for U.S.
Limitations (CDCCL) Report SE–672, Issue 2, We are issuing this AD to require
dated December 1, 2006; and Fokker Service operators and is enforceable. In making
actions to correct the unsafe condition
Bulletin SBF28–28–050, Revision 1, dated these changes, we do not intend to differ
on these products.
January 8, 2008; as applicable; to do the substantively from the information
actions required by this AD, unless the AD DATES: This AD becomes effective April provided in the MCAI and related
specifies otherwise. 23, 2008. service information.
(1) The Director of the Federal Register On April 23, 2008, the Director of the We might also have required different
approved the incorporation by reference of Federal Register approved the actions in this AD from those in the
this service information under 5 U.S.C. MCAI in order to follow FAA policies.
552(a) and 1 CFR part 51.
incorporation by reference of certain
publications listed in this AD. Any such differences are highlighted in
(2) For service information identified in
this AD, contact Fokker Services B.V., P.O. a NOTE within the AD.
ADDRESSES: You may examine the AD
Box 231, 2150 AE Nieuw-Vennep, the docket on the Internet at http:// Costs of Compliance
Netherlands. www.regulations.gov or in person at
(3) You may review copies at the FAA, We estimate that this AD will affect 7
Transport Airplane Directorate, 1601 Lind
Document Management Facility, U.S. products of U.S. registry. We also
Avenue SW., Renton, Washington; or at the Department of Transportation, Docket estimate that it will take about 0.5 work-
National Archives and Records Operations, M–30, West Building hour per product to comply with basic
Administration (NARA). For information on Ground Floor, Room W12–140, 1200 requirements of this AD. The average
the availability of this material at NARA, call New Jersey Avenue, SE., Washington, labor rate is $80 per work-hour.
(202) 741–6030, or go to: http://www. DC 20590. Required parts will cost about $30 per
archives.gov/federal-register/cfr/ibr-
locations.html. FOR FURTHER INFORMATION CONTACT: Karl product.
Schletzbaum, Aerospace Engineer, FAA, Based on these figures, we estimate
Issued in Renton, Washington, on March 9, the cost of this AD to the U.S. operators
Small Airplane Directorate, 901 Locust,
2008. to be $490 or $70 per product.
Room 301, Kansas City, Missouri 64106;
Stephen P. Boyd,
telephone: (816) 329–4146; fax: (816) Authority for This Rulemaking
Assistant Manager, Transport Airplane 329–4090.
Directorate, Aircraft Certification Service. Title 49 of the United States Code
[FR Doc. E8–5142 Filed 3–18–08; 8:45 am] SUPPLEMENTARY INFORMATION: specifies the FAA’s authority to issue
BILLING CODE 4910–13–P Discussion rules on aviation safety. Subtitle I,
section 106, describes the authority of
We issued a notice of proposed the FAA Administrator. ‘‘Subtitle VII:
DEPARTMENT OF TRANSPORTATION rulemaking (NPRM) to amend 14 CFR Aviation Programs,’’ describes in more
part 39 to include an AD that would detail the scope of the Agency’s
Federal Aviation Administration apply to the specified products. That authority.
NPRM was published in the Federal We are issuing this rulemaking under
14 CFR Part 39 Register on January 18, 2008 (73 FR the authority described in ‘‘Subtitle VII,
[Docket No. FAA–2008–0034 Directorate
3417). That NPRM proposed to correct Part A, Subpart III, Section 44701:
Identifier 2007–CE–097–AD; Amendment an unsafe condition for the specified General requirements.’’ Under that
39–15428; AD 2008–06–16] products. The MCAI states: section, Congress charges the FAA with
DCA/750XL/3A is prompted by a report promoting safe flight of civil aircraft in
RIN 2120–AA64
from the manufacturer of the possibility that air commerce by prescribing regulations
Airworthiness Directives; Pacific wiring loom protective sleeving is not fitted for practices, methods, and procedures
to aircraft S/N 107 through to 134. AD the Administrator finds necessary for
Aerospace Corporation, Ltd Model
applicability revised to include aircraft up to safety in air commerce. This regulation
750XL Airplanes S/N 134. is within the scope of that authority
AGENCY: Federal Aviation To prevent fretting damage to the wiring
loom that may lead to arcing in proximity to
because it addresses an unsafe condition
Administration (FAA), Department of that is likely to exist or develop on
the fuel vent lines and the possibility of fire
Transportation (DOT). products identified in this rulemaking
* * *.
ACTION: Final rule. action.
SUMMARY: We are adopting a new Comments Regulatory Findings
airworthiness directive (AD) for the We gave the public the opportunity to We determined that this AD will not
products listed above. This AD results participate in developing this AD. We have federalism implications under
from mandatory continuing received no comments on the NPRM or Executive Order 13132. This AD will
airworthiness information (MCAI) on the determination of the cost to the not have a substantial direct effect on
issued by an aviation authority of public. the States, on the relationship between
another country to identify and correct the national government and the States,
rfrederick on PROD1PC67 with RULES

an unsafe condition on an aviation Conclusion


or on the distribution of power and
product. The MCAI describes the unsafe We reviewed the available data and responsibilities among the various
condition as: determined that air safety and the levels of government.
DCA/750XL/3A is prompted by a report public interest require adopting the AD For the reasons discussed above, I
from the manufacturer of the possibility that as proposed. certify this AD:

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