Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18141 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0300; Directorate 

Identifier 2011–NM–276–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.28 Mark 

0070 and 0100 airplanes. This proposed 

AD was prompted by a design review 

which revealed the absence of electrical 

insulation material between a wing or 

integral center wing tank (ICWT) fuel 

quantity indication system (FQIS) probe 

and the bottom of the tank structure. 

This condition, if not corrected, could, 

under certain conditions, result in an 

ignition source in the tank vapor space, 

which could result in a fuel tank 

explosion and consequent loss of the 

airplane. This proposed AD would 

require, for all airplanes, applying 

sealant below the FQIS probes in the 

wing tanks; and for certain airplanes, 

applying sealant below the FQIS probes 

in the ICWT. This proposed AD would 

also require revising the aircraft 

maintenance program by revising the 

fuel airworthiness limitations and 

incorporating critical design 

configuration control limitations 

(CDCCLs). We are proposing this AD to 

prevent an ignition source in the 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 May 11, 2012. 

ADDRESSES: You may send comments 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 231, 2150 AE Nieuw-Vennep, 

the Netherlands; telephone +31 (0)252– 

627–350; fax +31 (0)252–627–211; email 

technicalservices.fokkerservices@

stork.com; Internet http://www.my

fokkerfleet.com. You may review copies 

of the referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, Washington. 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; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this 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, 

Washington 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–2012–0300; Directorate Identifier 

2011–NM–276–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 

Community, has issued EASA 

Airworthiness Directive 2011–0227, 

dated December 6, 2011 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

* * * [T]he FAA published Special 

Federal Aviation Regulation (SFAR) 88, and 

the Joint Aviation Authorities (JAA) 

published Interim Policy INT/POL/25/12. 

The design review conducted by Fokker 

Services on the Fokker 70 and Fokker 100 in 

response to these regulations revealed that 

the absence of electrical insulation material 

between a wing or Integral Center Wing Tank 

(ICWT) Fuel Quantity Indication System 

(FQIS) probe and the bottom of the tank 

structure could, under certain conditions, 

result in an ignition source in the tank 

vapour space. 

This condition, if not corrected, could 

result in a fuel tank explosion and 

consequent loss of the aeroplane. 

For the reasons described above, this 

[EASA] AD requires the application of 

sealant below the FQIS probes in the wing 

tanks and below the FQIS probes in the 

ICWT, as applicable to aeroplane 

configuration. * * * 

The corrective actions also include 

revising the aircraft maintenance 

program by revising the fuel 

airworthiness limitations and 

incorporating CDCCLs. You may obtain 

further information by examining the 

MCAI in the AD docket. 

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 (66 FR 23086, May 7, 

2001) (‘‘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 

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 

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18142 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

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. 

Relevant Service Information 

Fokker Services B.V. has issued 

Fokker Service Bulletin SBF100–28– 

067, dated September 2, 2011. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

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 the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 4 products 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. Required 

parts would cost about $0 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these parts. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $2,720, 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 AD: 

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

2012–0300; Directorate Identifier 2011– 

NM–276–AD. 

(a) Comments Due Date 

We must receive comments by May 11, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

(1) This AD applies to Fokker Services B.V. 

Model F.28 Mark 0070 and 0100 airplanes, 

certificated in any category, all serial 

numbers. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new actions (e.g., inspections) and/or Critical 

Design Configuration Control Limitations 

(CDCCLs). Compliance with these actions 

and/or CDCCLs is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by this AD, the operator 

may not be able to accomplish the actions 

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 (j)(1) of this AD. The request 

should include a description of changes to 

the required actions that will ensure the 

continued operational safety of the airplane. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28: Fuel. 

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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18143 

(e) Reason 

This AD was prompted by a design review 

which revealed the absence of electrical 

insulation material between a wing or 

integral center wing tank (ICWT) fuel 

quantity indication system (FQIS) probe and 

the bottom of the tank structure. We are 

issuing this AD to prevent an ignition source 

in the tank vapor space, which could result 

in a fuel tank explosion and consequent loss 

of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Apply Sealant 

Do the actions specified in paragraphs 

(g)(1) and (g)(2) of this AD, as applicable. 

(1) For all airplanes: At a scheduled 

opening of the fuel tanks, but not later than 

84 months after the effective date of this AD, 

apply sealant below the probes in the wing 

tanks, in accordance with Part 1 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–067, dated 

September 2, 2011. 

(2) For airplanes having serial numbers 

11442 through 11585 inclusive, and 

equipped with an ICWT: At a scheduled 

opening of the fuel tanks, but not later than 

84 months after the effective date of this AD, 

apply sealant below the probes in the ICWT, 

in accordance with Part 2 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–067, dated 

September 2, 2011. 

(h) Revise Maintenance Program 

Before further flight after doing any action 

required by paragraph (g) of this AD, revise 

the aircraft maintenance program by 

incorporating the fuel airworthiness 

limitation and the CDCCL specified in 

paragraph 1.L.(1)(c) of Fokker Service 

Bulletin SBF100–28–067, dated September 2, 

2011. 

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

CDCCLs 

After accomplishing the revision required 

by paragraph (h) of this AD, no alternative 

actions (e.g., inspections), intervals, or 

CDCCLs may be used unless the actions, 

intervals, or CDCCLs are approved as an 

alternative method of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (j)(1) 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, 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, Washington 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) 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. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2011–0227, dated December 6, 2011; and 

Fokker Service Bulletin SBF100–28–067, 

dated September 2, 2011; for related 

information. 

Issued in Renton, Washington, on March 8, 

2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–7361 Filed 3–26–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 148 

[USCBP–2012–0008] 

RIN 1515–AD76 

Members of a Family for Purpose of 

Filing a CBP Family Declaration 

AGENCIES: U.S. Customs and Border 

Protection, DHS; Department of the 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) is proposing to revise 

its regulations regarding U.S. returning 

residents who are eligible to file a single 

customs declaration for members of a 

family traveling together upon arrival in 

the United States. Specifically, CBP is 

proposing to expand the definition of 

the term ‘‘members of a family residing 

in one household’’ to allow more U.S. 

returning residents to file a family 

customs declaration for articles acquired 

abroad. CBP anticipates that this 

proposed change will reduce the 

amount of paperwork that CBP officers 

would need to review during inspection 

and, therefore, facilitate passenger 

processing. CBP believes that this 

proposed change would more accurately 

reflect relationships between members 

of the public who are traveling together 

as a family. 

DATES: Written comments must be 

received on or before May 29, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via Docket No. USCBP 2012–0008. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 799 9th Street NW., (Mint 

Annex), Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Sophie Galvan, Program Manager, 

Trusted Traveler Programs, Office of 

Field Operations, (202) 344–2292. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this 

proposed rule. U.S. Customs and Border 

Protection (CBP) also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. 

Comments that will provide the most 

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