Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules 56413 

Issued in Renton, Washington, on 

September 1, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–23420 Filed 9–17–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3633; Directorate 

Identifier 2014–NM–097–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Fokker Services B.V. Model F.27 Mark 

200, 300, 400, 500, 600, and 700 

airplanes. This proposed AD was 

prompted by a design review conducted 

by Fokker Services B.V. that indicated 

no controlled bonding provisions were 

present on many critical locations 

outside the fuel tank or connected to the 

fuel tank wall. This proposed AD would 

require installing the additional bonding 

provisions, and revising the 

maintenance or inspection program, as 

applicable, by incorporating fuel 

airworthiness limitation items and 

critical design configuration control 

limitations. We are proposing this AD to 

prevent an ignition source in the fuel 

tank vapor space, which could result in 

a fuel tank explosion and consequent 

loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by November 2, 2015. 

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. 

For service information identified in 

this proposed AD, contact Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 1357, 2130 EL Hoofddorp, the 

Netherlands; telephone +31 (0)88–6280– 

350; fax +31 (0)88–6280–111; email 

technicalservices@fokker.com; Internet 

http://www.myfokkerfleet.com. You may 

view this referenced service information 

at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

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–2015– 

3633; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed 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 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1137; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2015–3633; Directorate Identifier 

2014–NM–097–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Airworthiness 

Directive 2014–0100, dated April 30, 

2014 (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 F.27 Mark 200, 300, 

400, 500, 600, and 700 airplanes. The 

MCAI states: 

Prompted by an accident * * *, the FAA 

published Special Federal Aviation 

Regulation (SFAR) 88 [(66 FR 23086, May 7, 

2001)], and the Joint Aviation Authorities 

(JAA) published Interim Policy INT/POL/25/ 

12. 

The review conducted by Fokker Services 

on the Fokker 27 design in response to these 

regulations revealed that no controlled 

bonding provisions are present on a number 

of critical locations outside the fuel tanks. 

This condition, if not corrected, could 

create an ignition source in the fuel tank 

vapour space, possibly resulting in a fuel 

tank explosion and consequent loss of the 

aeroplane. 

To address this potential unsafe condition, 

Fokker Services developed a set of bonding 

modifications, introduced with [a service 

bulletin] * * *, that do[es] not require 

opening of the fuel tank access panels. 

More information on this subject can be 

found in Fokker Services All Operators 

Message AOF27.043#03. 

For the reasons described above, this 

[EASA] AD requires installation of additional 

bonding provisions that do not require 

opening of the fuel tank access panels. 

Required actions also include revising 

the maintenance or inspection program, 

as applicable, by incorporating fuel 

airworthiness limitation items and 

critical design configuration control 

limitations. You may examine the MCAI 

in the AD docket on the Internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2015– 

3633. 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 (66 FR 

23086, May 7, 2001) requires certain 


tkelley on DSK3SPTVN1PROD with PROPOSALS
56414 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules 

type design (i.e., type certificate (TC) 

and supplemental type certificate (STC)) 

holders to substantiate that their fuel 

tank systems can prevent ignition 

sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

The Joint Aviation Authorities (JAA) 

has issued a regulation that is similar to 

SFAR 88 (66 FR 23086, May 7, 2001). 

(The JAA is an associated body of the 

European Civil Aviation Conference 

(ECAC) representing the civil aviation 

regulatory authorities of a number of 

European States who have agreed to cooperate in developing and 

implementing common safety regulatory 

standards and procedures.) Under this 

regulation, the JAA stated that all 

members of the ECAC that hold type 

certificates for transport category 

airplanes are required to conduct a 

design review against explosion risks. 

We have determined that the actions 

identified in this AD are necessary 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. 

Related Service Information Under 1 

CFR Part 51 

Fokker Services B.V. has issued F27 

Proforma Service Bulletin SBF27–28– 

072, Revision 1, dated March 6, 2014, 

including Fokker F27 Service Bulletin 

Appendix SBF27–28–072/APP01, 

including List of Drawings/Part Lists, 

dated July 17, 2014; and Fokker Manual 

Change Notification—Maintenance 

Documentation (MCNM) F27–027 dated 

September 9, 2014. The service 

information describes procedures for 

installing additional bonding 

provisions. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section of this NPRM. 

FAA’s Determination and Requirements 

of This Proposed 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 and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of this same 

type design. 

This proposed AD requires revisions 

to certain operator maintenance 

documents to include new inspections. 

Compliance with these inspections is 

required by section 91.403(c) of the 

Federal Aviation Regulations (14 CFR 

91.403(c)). For airplanes that have been 

previously modified, altered, or repaired 

in the areas addressed by these 

inspections, an operator might not be 

able to accomplish the inspections 

described in the revisions. In this 

situation, to comply with 14 CFR 

91.403(c), the operator must request 

approval of an alternative method of 

compliance (AMOC) in accordance with 

the provisions of paragraph (j) of this 

proposed AD. The request should 

include a description of changes to the 

required inspections that will ensure the 

continued operational safety of the 

airplane. 

Costs of Compliance 

We estimate that this proposed AD 

affects 15 airplanes of U.S. registry. 

We also estimate that it would take 

about 8 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of 

this proposed AD on U.S. operators to 

be $10,200, or $680 per product. 

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. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Fokker Services B.V.: Docket No. FAA– 

2015–3633; Directorate Identifier 2014– 

NM–097–AD. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules 56415 

(a) Comments Due Date 

We must receive comments by November 

2, 2015. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F.27 Mark 200, 300, 400, 500, 600, and 

700 airplanes, certificated in any category, all 

serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Reason 

This AD was prompted by a design review 

conducted by Fokker Services B.V. that 

indicated no controlled bonding provisions 

were present on many critical locations 

outside the fuel tank or connected to the fuel 

tank wall. We are issuing this AD to prevent 

an ignition source in the fuel tank vapor 

space, which could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Installation 

Within 24 months after the effective date 

of this AD, install additional bonding 

provisions, in accordance with the 

Accomplishment Instructions of Fokker F27 

Proforma Service Bulletin SBF27–28–072, 

Revision 1, dated March 6, 2014, including 

Fokker F27 Service Bulletin Appendix 

SBF27–28–072/APP01, including List of 

Drawings/Part Lists, dated July 17, 2014. 

(h) Maintenance or Inspection Program 

Revision 

At the later of the times specified in 

paragraph (h)(1) and (h)(2) of this AD: Revise 

the airplane maintenance or inspection 

program, as applicable, by incorporating the 

fuel airworthiness limitations items and 

critical design configuration control 

limitations as identified in Fokker Manual 

Change Notification—Maintenance 

Documentation (MCNM) F27–027 dated 

September 9, 2014. 

(1) Before further flight after accomplishing 

the installation required by paragraph (g) of 

this AD, 

(2) Within 30 days after the effective date 

of this AD. 

(i) No Alternative Actions, Intervals, and/or 

Critical Design Configuration Control 

Limitations (CDCCLs) 

After the maintenance or inspection 

program, as applicable, has been revised as 

required by paragraph (h) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and/or CDCCLs may be used unless 

the actions, intervals, and/or CDCCLs are 

approved as an alternative method of 

compliance in accordance with the 

procedures specified in paragraph (j) of this 

AD. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1137; fax 425 227–1149 

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. The AMOC approval letter 

must specifically reference this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Fokker B.V. Service’s EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2014–0100, dated 

April 30, 2014, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2015–3633. 

(2) For service information identified in 

this AD, contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 1357, 

2130 EL Hoofddorp, the Netherlands; 

telephone +31 (0)88–6280–350; fax +31 

(0)88–6280–111; email technicalservices@

fokker.com; Internet http://

www.myfokkerfleet.com. You may view this 

service information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

September 11, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–23408 Filed 9–17–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–127895–14] 

RIN 1545–BM33 

Dividend Equivalents From Sources 

Within the United States 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations and notice of public hearing. 

SUMMARY: 

DATES: Written or electronic comments 

must be received by December 17, 2015. 

Outlines of topics to be discussed at the 

public hearing scheduled for January 15, 

2016, at 10 a.m. must be received by 

December 17, 2015. 

ADDRESSES: Send submissions to 

CC:PA:LPD:PR (REG–127895–14), Room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–127895–14), 

Courier’s desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC 20044, or sent 

electronically, via the Federal 

eRulemaking Portal at 

www.regulations.gov (IRS REG–127895– 

14). The public hearing will be held in 

the IRS Auditorium, Internal Revenue 

Building, 1111 Constitution Avenue 

NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the regulations, D. Peter 

Merkel or Karen Walny at (202) 317– 

6938; concerning submissions of 

comments, the hearing, and/or to be 

placed on the building access list to 

attend the hearing Oluwfunmilayo 

Taylor at (202) 317–6901 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

Final and temporary regulations in 

the Rules and Regulations section of this 

issue of the Federal Register contain 

amendments to the Income Tax 

Regulations (26 CFR part 1) which 

provide rules for determining when a 

payment made pursuant to certain 

financial products will be treated as a 

dividend equivalent for purposes of 

section 871(m). These proposed 

regulations provide guidance relating to 

the substantial equivalence test, which 


tkelley on DSK3SPTVN1PROD with PROPOSALS