Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations 14661 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2007–0239, dated September 3, 

2007; and Airbus Service Bulletins A330–28–

3103 and A340–28–4120, both Revision 01, 

both dated January 11, 2008; and A340–28–

5044, dated July 17, 2007; for related 

information. 

Material Incorporated by Reference 

(i) You must use the applicable Airbus 

service bulletin specified in Table 1 of this 

AD to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.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, 

2008. 

Stephen P. Boyd, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–5275 Filed 3–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29030; Directorate 

Identifier 2006–NM–284–AD; Amendment 

39–15432; AD 2008–06–20] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0070, 0100, 1000, 

2000, 3000, and 4000 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, * * * Special Federal Aviation 

Regulation 88 (SFAR88) * * * required a 

safety review of the aircraft Fuel Tank 

System * * *. 

* * * * * 

Fuel Airworthiness Limitations are items 

arising from a systems safety analysis that 

have been shown to have failure mode(s) 

associated with an ‘unsafe condition’ * * *. 

These are identified in Failure Conditions for 

which an unacceptable probability of ignition 

risk could exist if specific tasks and/or 

practices are not performed in accordance 

with the manufacturers’ requirements. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

23, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 23, 2008. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on August 21, 2007 (72 FR 

46572). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, the FAA published Special 

Federal Aviation Regulation 88 (SFAR 88) in 

June 2001. SFAR 88 required a safety review 

of the aircraft Fuel Tank System to determine 

that the design meets the requirements of 

FAR (Federal Aviation Regulation) § 25.901 

and § 25.981(a) and (b). 

A similar regulation has been 

recommended by the JAA (Joint Aviation 

Authorities) to the European National 

Aviation Authorities in JAA letter 04/00/02/ 

07/03–L024 of 3 February 2003. The review 

was requested to be mandated by NAA’s 

(National Aviation Authorities) using JAR 

(Joint Aviation Regulation) § 25.901(c), 

§ 25.1309. 

In August 2005 EASA published a policy 

statement on the process for developing 

instructions for maintenance and inspection 

of Fuel Tank System ignition source 

prevention (EASA D 2005/CPRO, http:// 

www.easa.eu.int/home/ 

cert_policy_statements_en.html) that also 

included the EASA expectations with regard 

to compliance times of the corrective actions 

on the unsafe and the not unsafe part of the 

harmonised design review results. On a 

global scale the TC (type certificate) holders 

committed themselves to the EASA 

published compliance dates (see EASA 

policy statement). The EASA policy 

statement has been revised in March 2006: 

the date of 31–12–2005 for the unsafe related 

actions has now been set at 01–07–2006. 

Fuel Airworthiness Limitations are items 

arising from a systems safety analysis that 

have been shown to have failure mode(s) 

associated with an ‘unsafe condition’ as 

defined in FAA’s memo 2003–112–15 ‘SFAR 

88—Mandatory Action Decision Criteria’. 

These are identified in Failure Conditions for 

which an unacceptable probability of ignition 

risk could exist if specific tasks and/or 

practices are not performed in accordance 

with the manufacturers’ requirements. 

This EASA Airworthiness Directive 

mandates the Fuel System Airworthiness 

Limitations, comprising maintenance/ 

inspection tasks and Critical Design 

Configuration Control Limitations (CDCCL) 

for the type of aircraft, that resulted from the 

design reviews and the JAA recommendation 

and EASA policy statement mentioned 

above. 

The corrective action includes revising 

the Airworthiness Limitations Section 

of the Instructions for Continued 

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 

program for certain other airplanes, to 

incorporate new limitations for fuel tank 

systems. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Actions Since the NPRM Was Issued 

Since we issued the NPRM, we have 

received Fokker Service Bulletin 

SBF28–28–050, Revision 1, dated 

January 8, 2008. (We referred to Fokker 

Service Bulletin F28/28–050, dated June 

30, 2006, in the NPRM as an appropriate 

source of service information for 

accomplishing the required actions.) 

Revision 1 of the service bulletin 

includes editorial changes, changes to 

certain CDCCL control references, and 

changes to the compliance paragraph. 

We have changed paragraphs (f) and (h) 

of the AD to refer to Revision 1 of the 

service bulletin. We have also added a 

new paragraph (f)(5) to the AD to 

specify, in part, that actions done before 

the effective date of this AD in 

accordance with Fokker Service Bulletin 

F28/28–050, dated June 30, 2006, are 

acceptable for compliance with the 

corresponding requirements of this AD. 

Operators should note that we have 

excluded the CDCCL component titled 

‘‘Level Control Pilot Valve Solenoid, 

jiffy junction,’’ from the requirements of 

paragraph (f)(2)(i) of this AD. Fokker 70/ 

100 Fuel Airworthiness Limitation 

Items (ALI) and Critical Design 

Configuration Control Limitations 

(CDCCL) Report SE–672, Issue 2, 

specifies that the appropriate reference 

for this CDCCL control has not yet been 

published. Therefore, we cannot include 

it in the requirements of this AD. We 

may consider additional rulemaking to 

address this item when the reference is 

available. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Refer to Later Revision of 

Report 

SAM Airlines requests that we revise 

paragraph (f) of the AD to refer to 

Fokker 70/100 Fuel Airworthiness 

Limitation Items (ALI) and Critical 

Design Configuration Control 

Limitations (CDCCL) Report SE–672, 

Issue 2, dated December 1, 2006. SAM 

Airlines points out that EASA AD 2006–

0208, dated July 12, 2006 (a parallel 

EASA Airworthiness Directive for this 

AD), includes provisions to use Issue 1 

of the report ‘‘or later approved 

revisions.’’ However, the NPRM does 

not allow for use of later approved 

revisions of this report as an acceptable 

means of compliance. SAM Airlines 

would like to know if the use of later 

revisions of the report would require 

approval through the provisions of 

paragraph (g)(1) of the NPRM. 

We agree with the commenter’s 

request. In the NPRM, we referred to 

Issue 1, dated January 31, 2006, of the 

report as the appropriate source of 

service information for accomplishing 

the required actions. Issue 2 of the 

report includes the CDCCL control 

references, as published in the June 1, 

2006, revision of the airplane 

maintenance manual. Issue 2 also 

changes task descriptions for the fuel 

ALIs in accordance with the 

Maintenance Review Board document. 

We have revised paragraphs (f) and 

(h) of this AD to refer to Issue 2 of the 

report. We have also specified in the 

new paragraph (f)(5) of the AD that 

actions done before the effective date of 

this AD in accordance with Issue 1 of 

Report SE–672 are acceptable for 

compliance with the corresponding 

requirements of this AD. We also 

revised paragraph (f)(4) of this AD to 

allow the use of later revisions of the 

report, if those revisions are approved 

by the Manager, International Branch, 

ANM–116, FAA, or the European 

Aviation Safety Agency (EASA), or its 

delegated agent. 

Request To Remove Reference to 

Service Information in Certain 

Paragraphs 

SAM Airlines also requests that we 

remove the reference to Fokker Service 

Bulletin F28/28–050, dated June 30, 

2006, from paragraphs (f)(1)(i) and 

(f)(2)(i) of the NPRM. SAM Airlines 

points out that those paragraphs apply 

only to Fokker Model F.28 Mark 0070 

and 0100 airplanes, which are not 

included in Fokker Service Bulletin 

F28/28–050. 

We agree with SAM Airlines for the 

reason stated. We infer that SAM 

Airlines also requests we remove the 

reference to Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) 

and Critical Design Configuration 

Control Limitations (CDCCL) Report SE–

672, Issue 1, dated January 31, 2006, 

from paragraphs (f)(1)(ii) and (f)(2)(ii) of 

the NPRM because those paragraphs 

apply only to Fokker Model F.28 Mark 

1000, 2000, 3000, and 4000 airplanes, 

which are not included in Report SE–

672. We have revised paragraphs 

(f)(1)(i), (f)(1)(ii), (f)(2)(i), and (f)(2)(ii) of 

the AD to refer only to the applicable 

documents. 

Request To Clarify Changes to 

Maintenance Program 

SAM Airlines also requests that we 

clarify paragraphs (f)(1)(i) and (f)(2)(i) of 

the NPRM regarding what changes are 

being made to the maintenance 

program. SAM states that the meaning 

of the word ‘‘limits’’ in paragraph 

(f)(1)(i) of the NPRM is unclear. In SAM 

Airlines’ interpretation, the intended 

action in paragraph (f)(1)(i) is to 

incorporate into the aircraft 

maintenance program the intervals of 

the fuel ALI tasks. If so, SAM Airlines 

requests that we revise the wording to 

say: ‘‘* * * Instructions for Continued 

Airworthiness and incorporate the Fuel 

ALI tasks and intervals specified in 

Fokker * * *.’’

SAM Airlines also explains that 

accomplishing the CDCCL is 

unscheduled and requires 

distinguishing which inspection is 

needed in addition to the normal 

maintenance task. Therefore, it is not 

practical to incorporate the CDCCL into 

the aircraft maintenance program, as 

specified in paragraph (f)(2)(i) of the 

NPRM. SAM Airlines suggests the 

following wording to clarify paragraph 

(f)(2)(i) of the NPRM: ‘‘* * * 

Instructions for Continued 

Airworthiness and adhere to the CDCCL 

requirements as defined in Fokker 

* * *.’’

We agree that clarification is 

necessary. This AD requires affected 

operators to revise their copies of their 

Airworthiness Limitations document to 

incorporate the fuel system limitation 

inspections. This consists of the 

inspections, thresholds, and intervals. 

We have added these terms to 

paragraphs (f)(1)(i) and (f)(1)(ii) of this 

AD. The AD also requires revising the 

Airworthiness Limitations Section 

(ALS) to incorporate the CDCCLs as 

defined in the applicable service 

information. 

Further, for airplanes that do not have 

an ALI, this AD requires that operators 

revise the maintenance program to 

include the ALI inspections, thresholds, 

and intervals. It also requires 

incorporation of the CDCCLs as defined 

in the applicable service information to 

ensure that the specified design 

configurations are maintained whenever 

any work is performed. 

Subsequently, section 91.403(c) of the 

Federal Aviation Regulations (14 CFR 

91.403(c)) requires an affected operator 

to comply with the revised 

Airworthiness Limitations document. 

Ensuring that one’s maintenance 

program and the actions of its 

maintenance personnel are in 

accordance with the Airworthiness 


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Limitations is required, but not by the 

AD. According to 14 CFR 91.403(c), no 

person may operate an aircraft for which 

airworthiness limitations have been 

issued unless those limitations have 

been complied with. Therefore, there is 

no need to further expand the 

requirements of the AD beyond that 

which was proposed because 14 CFR 

91.403(c) already imposes the 

appropriate required action after the 

airworthiness limitations are revised. 

Explanation of Additional Changes 

Made to This AD 

For standardization purposes, we 

have revised this AD in the following 

ways: 

• In most ADs, we adopt a 

compliance time allowing a specified 

amount of time after the AD’s effective 

date. In this case, however, the FAA has 

already issued regulations that require 

operators to revise their maintenance/ 

inspection programs to address fuel tank 

safety issues. The compliance date for 

these regulations is December 16, 2008. 

To provide for coordinated 

implementation of these regulations and 

this AD, we are including this same 

compliance date in paragraphs (f)(1) and 

(f)(2) of this AD. 

• We have simplified the language in 

Note 1 of this AD to clarify that an 

operator must request approval for an 

alternative method of compliance 

(AMOC) if an operator cannot 

accomplish the required inspections 

because an airplane has been previously 

modified, altered, or repaired in the 

areas addressed by the required 

inspections. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

18 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $1,440, or $80 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 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 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); and 

3. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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 the NPRM, 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. 

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 

■ 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 AD: 

2008–06–20 Fokker Services B.V.: 

Amendment 39–15432. Docket No. 

FAA–2007–29030; Directorate Identifier 

2006–NM–284–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Fokker Model F.28 

Mark 0070 and 0100 airplanes, all serial 

numbers, certificated in any category; and 

Model F.28 Mark 1000, 2000, 3000, and 4000 

airplanes, serial numbers 11003 through 

11241, 11991 and 11992, certificated in any 

category. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may 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 for an 

alternative method of compliance according 

to paragraph (g)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 

Subject 

(d) Transport Association (ATA) of 

America Code 28: Fuel. 


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

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, the FAA published Special 

Federal Aviation Regulation 88 (SFAR 88) in 

June 2001. SFAR 88 required a safety review 

of the aircraft Fuel Tank System to determine 

that the design meets the requirements of 

FAR (Federal Aviation Regulation) § 25.901 

and § 25.981(a) and (b). 

A similar regulation has been 

recommended by the JAA (Joint Aviation 

Authorities) to the European National 

Aviation Authorities in JAA letter 04/00/02/ 

07/03–L024 of 3 February 2003. The review 

was requested to be mandated by NAA’s 

(National Aviation Authorities) using JAR 

(Joint Aviation Regulation) § 25.901(c), 

§ 25.1309. 

In August 2005 EASA published a policy 

statement on the process for developing 

instructions for maintenance and inspection 

of Fuel Tank System ignition source 

prevention (EASA D 2005/CPRO, http:// 

www.easa.eu.int/home/ 

cert_policy_statements_en.html) that also 

included the EASA expectations with regard 

to compliance times of the corrective actions 

on the unsafe and the not unsafe part of the 

harmonised design review results. On a 

global scale the TC (type certificate) holders 

committed themselves to the EASA 

published compliance dates (see EASA 

policy statement). The EASA policy 

statement has been revised in March 2006: 

The date of 31–12–2005 for the unsafe related 

actions has now been set at 01–07–2006. 

Fuel Airworthiness Limitations are items 

arising from a systems safety analysis that 

have been shown to have failure mode(s) 

associated with an ‘unsafe condition’ as 

defined in FAA’s memo 2003–112–15 ‘SFAR 

88—Mandatory Action Decision Criteria’. 

These are identified in Failure Conditions for 

which an unacceptable probability of ignition 

risk could exist if specific tasks and/or 

practices are not performed in accordance 

with the manufacturers’ requirements. 

This EASA Airworthiness Directive 

mandates the Fuel System Airworthiness 

Limitations, comprising maintenance/ 

inspection tasks and Critical Design 

Configuration Control Limitations (CDCCL) 

for the type of aircraft, that resulted from the 

design reviews and the JAA recommendation 

and EASA policy statement mentioned 

above. 

The corrective action includes revising the 

Airworthiness Limitations Section of the 

Instructions for Continued Airworthiness for 

certain airplanes, and the FAA-approved 

maintenance program for certain other 

airplanes, to incorporate new limitations for 

fuel tank systems. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 3 months after the effective date 

of this AD or before December 16, 2008, 

whichever occurs first, do the action in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as 

applicable. For all identified tasks, the initial 

compliance time starts from the effective date 

of this AD. The repetitive inspections must 

be accomplished thereafter at the intervals 

not to exceed those specified in Fokker 70/ 

100 Fuel Airworthiness Limitation Items 

(ALI) and Critical Design Configuration 

Control Limitations (CDCCL) Report SE–672, 

Issue 2, dated December 1, 2006; or Fokker 

Service Bulletin SBF28–28–050, Revision 1, 

dated January 8, 2008; as applicable; except 

as provided by paragraphs (f)(3), (f)(4), and 

(g)(1) of this AD. 

(i) For Model F.28 Mark 0070 and 0100 

airplanes: Revise the Airworthiness 

Limitations Section (ALS) of the Instructions 

for Continued Airworthiness to incorporate 

the inspections, thresholds, and intervals 

specified in Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) and 

Critical Design Configuration Control 

Limitations (CDCCL) Report SE–672, Issue 2, 

dated December 1, 2006. 

(ii) For Model F.28 Mark 1000, 2000, 3000, 

and 4000 airplanes: Incorporate into the 

FAA-approved maintenance inspection 

program the inspections, thresholds, and 

intervals specified in Fokker Service Bulletin 

SBF28–28–050, Revision 1, dated January 8, 

2008. 

(2) Within 3 months after the effective date 

of this AD or before December 16, 2008, 

whichever occurs first, do the action in 

paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as 

applicable. 

(i) For Model F.28 Mark 0070 and 0100 

airplanes: Revise the Airworthiness 

Limitations Section (ALS) of the Instructions 

for Continued Airworthiness to incorporate 

the CDCCLs as defined in Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) and 

Critical Design Configuration Control 

Limitations (CDCCL) Report SE–672, Issue 2, 

dated December 1, 2006, except for the 

CDCCL component titled ‘‘Level Control Pilot 

Valve Solenoid, jiffy junction.’’

(ii) For Model F.28 Mark 1000, 2000, 3000, 

and 4000 airplanes: Incorporate into the 

FAA-approved maintenance inspection 

program the CDCCLs as defined in Fokker 

Service Bulletin SBF28–28–050, Revision 1, 

dated January 8, 2008. 

(3) Where Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) and 

Critical Design Configuration Control 

Limitations (CDCCL) Report SE–672, Issue 2, 

dated December 1, 2006; and Fokker Service 

Bulletin SBF28–28–050, Revision 1, dated 

January 8, 2008; allow for exceptional shortterm extensions, an exception is acceptable 

to the FAA if it is approved by the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

(4) After accomplishing the actions 

specified in paragraphs (f)(1) and (f)(2) of this 

AD, no alternative inspection, inspection 

interval, or CDCCL may be used, unless the 

inspection, interval, or CDCCL is part of a 

later revision of Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) and 

Critical Design Configuration Control 

Limitations (CDCCL) Report SE–672, Issue 2, 

dated December 1, 2006; or Fokker Service 

Bulletin SBF28–28–050, Revision 1, dated 

January 8, 2008; as applicable; that is 

approved by the Manager, ANM–116, 

International Branch, Transport Airplane 

Directorate, FAA, or the European Aviation 

Safety Agency (EASA), or its delegated agent, 

or unless the inspection, interval, or CDCCL 

is approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (g)(1) of 

this AD. 

(5) Actions done before the effective date 

of this AD in accordance with Fokker 70/100 

Fuel Airworthiness Limitation Items (ALI) 

and Critical Design Configuration Control 

Limitations (CDCCL) Report SE–672, Issue 1, 

dated January 31, 2006; or Fokker Service 

Bulletin F28/28–050, dated June 30, 2006; are 

acceptable for compliance with the 

corresponding requirements of this AD. 

Note 2: For Model F.28 Mark 1000, 2000, 

3000, and 4000 airplanes, after an operator 

complies with the requirements of 

paragraphs (f)(1)(ii) and (f)(2)(ii) of this AD, 

those paragraphs do not require that 

operators subsequently record 

accomplishment of those requirements each 

time an applicable action is accomplished 

according to that operator’s FAA-approved 

maintenance inspection program. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2006–0206, dated June 11, 2006; 

EASA Airworthiness Directive 2006–0208, 

dated July 12, 2006; Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) and 

Critical Design Configuration Control 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations 14665 

Limitations (CDCCL) Report SE–672, Issue 2, 

dated December 1, 2006; and Fokker Service 

Bulletin SBF28–28–050, Revision 1, dated 

January 8, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use Fokker 70/100 Fuel 

Airworthiness Limitation Items (ALI) and 

Critical Design Configuration Control 

Limitations (CDCCL) Report SE–672, Issue 2, 

dated December 1, 2006; and Fokker Service 

Bulletin SBF28–28–050, Revision 1, dated 

January 8, 2008; as applicable; to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Fokker Services B.V., P.O. 

Box 231, 2150 AE Nieuw-Vennep, the 

Netherlands. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://www.

archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on March 9, 

2008. 

Stephen P. Boyd, 

Assistant Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–5142 Filed 3–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0034 Directorate 

Identifier 2007–CE–097–AD; Amendment 

39–15428; AD 2008–06–16] 

RIN 2120–AA64 

Airworthiness Directives; Pacific 

Aerospace Corporation, Ltd Model 

750XL Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

DCA/750XL/3A is prompted by a report 

from the manufacturer of the possibility that 

wiring loom protective sleeving is not fitted 

to aircraft S/N 107 through to 134. AD 

applicability revised to include aircraft up to 

S/N 134. 

To prevent fretting damage to the wiring 

loom that may lead to arcing in proximity to 

the fuel vent lines and the possibility of fire 

* * *. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

23, 2008. 

On April 23, 2008, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on January 18, 2008 (73 FR 

3417). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

DCA/750XL/3A is prompted by a report 

from the manufacturer of the possibility that 

wiring loom protective sleeving is not fitted 

to aircraft S/N 107 through to 134. AD 

applicability revised to include aircraft up to 

S/N 134. 

To prevent fretting damage to the wiring 

loom that may lead to arcing in proximity to 

the fuel vent lines and the possibility of fire 

* * *. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between this AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 7 

products of U.S. registry. We also 

estimate that it will take about 0.5 workhour per product to comply with basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. 

Required parts will cost about $30 per 

product. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $490 or $70 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 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 this AD: 


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