29144 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Proposed Rules 

5Historical data compiled from 1999 to 2008 in 

the Federal Farm Credit Banks Funding Corporation 

annual report to investors available at http:// 

www.farmcredit-ffcb.com. 

(6), requiring, when the borrower’s 

interest rate is directly tied to a widely 

publicized external index, that a 

qualified lender must provide 

information on how and where the 

borrower may track changes to the index 

and when the borrower will receive 

written notice of changes to the 

borrower’s interest rate. 

This additional information would be 

included in the initial disclosure to 

ensure that borrowers have adequate 

knowledge, at loan closing, of how and 

where they may access information to 

monitor changes in the interest rate. 

Further, the borrower would be fully 

informed as to how billing or other 

statements would reflect changes in the 

loan’s interest rate. 

What subsequent disclosures must a 

qualified lender make to a borrower? 

[§ 617.7135] 

Section 4.13(a)(4) of the Act requires 

qualified lenders to provide, no later 

than loan closing, notice to borrowers 

that change in the interest rate 

applicable to the borrower’s loan may be 

made within a reasonable time after the 

effective date of increase or decrease. 

Current § 617.7135(a)(2) requires that 

the qualified lender provide the 

borrower whose loan is directly tied to 

a widely publicized external index a 

notice within 45 days after the effective 

date of the rate change. 

We propose amending the regulation 

to require the qualified lender to 

provide written notice to the borrower 

of a rate change applicable to the 

borrower’s loan no later than the 

borrower’s first regularly scheduled 

billing statement after the effective date 

of the change, so long as the qualified 

lender provided the disclosures 

required by proposed § 617.7130(b)(6) 

no later than the time of loan closing. 

There have been several trends in the 

use of external indexes and enhanced 

information availability that have 

caused us to now believe that the billing 

statement option is reasonable and 

justifiable. For example, between 1999 

and 2008, the volume of administered 

rate loans has declined by 16 percent as 

more borrowers opt to use their 

knowledge and understanding of index 

loans to meet their operating needs.5

Further, advances in technology, such 

as broad band Internet access in rural 

communities, increased usage of mobile 

phones and personal computers for 

accessing the Internet and receiving 

information via e-mails and text 

messages, provide borrowers 

instantaneous information regarding any 

changes in external index rates. 

Moreover, most System associations 

now offer borrowers online access to 

their loan balances, rate changes, and 

other information. Therefore, when a 

qualified lender provides the initial 

disclosure proposed for § 617.7130(b), 

we believe that written notice of 

subsequent rate changes to the 

borrower, no later than the first 

regularly scheduled billing statement 

after the effective date of the change, 

protects borrower rights in accordance 

with the statute regarding ‘‘meaningful 

and timely disclosure.’’ Also, 

institutions do not incur the burden of 

additional mailing costs, which may be 

passed on to their borrowers. 

The new notice requirements would 

not apply to rate changes applicable to 

a borrower’s loan closed prior to the 

effective date of the final rule (the 

borrowers would not have received the 

enhanced initial disclosures). Therefore, 

the current 45-day notice requirement 

would still apply to interest rate 

changes on those loans. 

V. Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), the FCA hereby certifies that the 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. Each of the 

banks in the System, considered 

together with its affiliated associations, 

has assets and annual income in excess 

of the amounts that would qualify them 

as small entities. Therefore, System 

institutions are not ‘‘small entities’’ as 

defined in the Regulatory Flexibility 

Act. 

List of Subjects in 12 CFR Part 617 

Agriculture, Banks, banking, Rural 

areas. 

For the reasons stated in the 

preamble, part 617 of chapter VI, title 12 

of the Code of Federal Regulations is 

proposed to be amended as follows: 

PART 617—BORROWER RIGHTS 

1. The authority citation for part 617 

continues to read as follows: 

Authority: Secs. 4.13, 4.13A, 4.13B, 4.14, 

4.14A, 4.14C, 4.14D, 4.14E, 4.36, 5.9, 5.17 of 

the Farm Credit Act (12 U.S.C. 2199, 2200, 

2201, 2202, 2202a, 2202c, 2202d, 2202e, 

2219a, 2243, 2252). 

Subpart B—Disclosure of Effective 

Interest Rates 

2. Amend § 617.7130 by revising 

introductory text of paragraph (b) and 

adding a new paragraph (b)(6) to read as 

follows: 

§ 617.7130 What initial disclosures must a 

qualified lender make to a borrower? 

* * * * * 

(b) Adjustable rate loans. A qualified 

lender must provide the following 

information for adjustable rate loans in 

addition to the requirements of 

paragraph (a) of this section: 

* * * * * 

(6) If the borrower’s interest rate is 

directly tied to a widely publicized 

external index, a qualified lender must 

provide: 

(i) How and where the borrower may 

track changes to the index; and 

(ii) When the borrower will receive 

written notice of changes to the 

borrower’s interest rate. 

3. Amend § 617.7135 by revising 

paragraph (a)(2) to read as follows: 

§ 617.7135 What subsequent disclosures 

must a qualified lender make to a borrower? 

* * * * * 

(a) * * * 

(2) If the borrower’s interest rate is 

directly tied to a widely publicized 

external index, a qualified lender must 

provide written notice to the borrower 

of the rate change no later than the 

borrower’s first regularly scheduled 

billing statement after the effective date 

of the change, except that a qualified 

lender must provide written notice to 

the borrower of the rate change within 

45 days after the effective date of the 

change if the loan closed before the 

disclosures required under 

§ 617.7130(b)(6). 

* * * * * 

Dated: June 16, 2009. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. E9–14484 Filed 6–18–09; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0563; Directorate 

Identifier 2008–NM–180–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F28 Mark 0070 and 0100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Proposed Rules 29145 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed 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: 

A recent design review has been carried 

out on the F28 Mark 0070/0100 fuel system 

in accordance with the guidelines related to 

FAA SFAR 88 [Special Federal Aviation 

Regulation No. 88] (Fuel Tank Safety 

Program) and JAA [Joint Aviation 

Authorities] INT/POL/25/12. The review 

revealed that under certain failure 

conditions, prolonged dry running of the fuel 

transfer pumps may result in an ignition 

source in the centre wing fuel tank. This 

condition, if not corrected, could lead to 

ignition of flammable fuel vapors, resulting 

in fuel tank explosion and consequent loss of 

the airplane. 

* * * * * 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by July 20, 2009. 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For Fokker 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; e-mail 

technicalservices.fokkerservices

@stork.com; Internet http:// 

www.myfokkerfleet.com. 

For AlliedSignal Grimes Aerospace 

and Honeywell service information 

identified in this proposed AD, contact 

Honeywell Aerospace, Technical 

Publications and Distribution, M/S 

2101–201, P.O. Box 52170, Phoenix, 

Arizona 85072–2170; telephone 602– 

365–5535; fax 602–365–5577; Internet 

http://www.honeywell.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 or 425–227–1152. 

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–2009–0563; Directorate Identifier 

2008–NM–180–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 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 

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 

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. (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 co-operate 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 proposed 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. 


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29146 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Proposed Rules 

On September 13, 1999, we issued AD 

99–20–01, Amendment 39–11329 (64 

FR 51202, September 22, 1999). That 

AD requires actions intended to address 

an unsafe condition on the products 

listed above. 

Since we issued AD 99–20–01, Fokker 

has released a new version of the flight 

warning computer (FWC) software. (AD 

99–20–01 requires installation of an 

earlier version of the FWC software.) In 

addition, Fokker also released a new 

version of the software for the 

multifunction display unit (MFDU), 

which is necessary to install before the 

installation of the new version of the 

FWC software. The installation of the 

MFDU software depends on prior 

installation of a resistor in the thrust 

reverser indication and control system 

or installation of an improved thrust 

reverser unlock indication relay. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0090, 

dated May 13, 2008 (referred to after 

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

condition for the specified products. 

The MCAI states: 

A recent design review has been carried 

out on the F28 Mark 0070/0100 fuel system 

in accordance with the guidelines related to 

FAA SFAR 88 [Special Federal Aviation 

Regulation No. 88] (Fuel Tank Safety 

Program) and JAA [Joint Aviation 

Authorities] INT/POL/25/12. The review 

revealed that under certain failure 

conditions, prolonged dry running of the fuel 

transfer pumps may result in an ignition 

source in the centre wing fuel tank. This 

condition, if not corrected, could lead to 

ignition of flammable fuel vapors, resulting 

in fuel tank explosion and consequent loss of 

the airplane. 

To address and correct this unsafe 

condition, new software (version V13.55) has 

been developed for the Flight Warning 

Computer (FWC). This software update 

introduces a decreased time delay of the 

centre wing fuel tank low pressure alert from 

15 minutes to 60 seconds, to stop prolonged 

dry running of the fuel transfer pumps. 

For the reasons described above, this EASA 

Airworthiness Directive (AD) requires the 

replacement of the FWC with a modified 

unit, incorporating software version V13.55. 

The corrective actions also include 

revising the airplane flight manual 

(AFM) to change certain indications and 

warnings; installing new software for 

the MFDU; and installing a new resistor 

in the thrust reverser indicator and 

control system, or an improved thrust 

reverser unlock indication relay. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Fokker Services B.V. has issued 

Service Bulletins SBF100–31–067, 

Revision 1, dated April 24, 2008; 

SBF100–31–060, dated June 1, 2002; 

SBF100–78–016, dated October 1, 1999; 

SBF100–78–017, dated December 1, 

1999; and Manual Change 

Notification—Operational 

Documentation (MCNO) F100–050, 

dated January 31, 2008. Honeywell has 

issued Service Bulletin 80–0610–31– 

0003, dated February 13, 2008. The 

actions described in the 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. 

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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 4 products of U.S. registry. 

The actions that are required by AD 

99–20–01 and retained in this proposed 

AD take about 7 work-hours per 

product, at an average labor rate of $80 

per work hour. Required parts cost 

about $1,593 per product. Based on 

these figures, the estimated cost of the 

currently required actions is $2,153 per 

product. 

We estimate that it would take about 

7 work-hours per product to comply 

with the new basic requirements of this 

proposed AD. The average labor rate is 

$80 per work-hour. Required parts 

would cost about $5,350 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 costs. 

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 $23,640, or $5,910 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); 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 


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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Proposed Rules 29147 

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 

removing Amendment 39–11329 (64 FR 

51202, September 22, 1999) and adding 

the following new AD: 

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

2009–0563; Directorate Identifier 2008– 

NM–180–AD. 

Comments Due Date 

(a) We must receive comments by July 20, 

2009. 

Affected ADs 

(b) The proposed AD supersedes AD 99– 

20–01, Amendment 39–11329. 

Applicability 

(c) This AD applies to airplanes, 

certificated in any category, as identified in 

paragraphs (c)(1) and (c)(2) of this AD. 

(1) Fokker Model F.28 Mark 0100 

airplanes, all serial numbers. 

(2) Fokker Model F.28 Mark 0070 

airplanes, serial numbers 11521, 11528 

through 11537 inclusive, 11545, 11547, 

11553, 11557, 11561, 11562, 11566, 11567, 

11571, 11572, 11576 through 11579 

inclusive, and 11581 through 11583 

inclusive. All airplanes with these serial 

numbers are fitted with center wing fuel 

tanks. 

Subject 

(d) Air Transport Association (ATA) of 

America Codes 31 and 78: Instruments and 

Engine Exhaust, respectively. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A recent design review has been carried 

out on the F28 Mark 0070/0100 fuel system 

in accordance with the guidelines related to 

FAA SFAR 88 [Special Federal Aviation 

Regulation No. 88] (Fuel Tank Safety 

Program) and JAA [Joint Aviation 

Authorities] INT/POL/25/12. The review 

revealed that under certain failure 

conditions, prolonged dry running of the fuel 

transfer pumps may result in an ignition 

source in the centre wing fuel tank. This 

condition, if not corrected, could lead to 

ignition of flammable fuel vapors, resulting 

in fuel tank explosion and consequent loss of 

the airplane. 

To address and correct this unsafe 

condition, new software (version V13.55) has 

been developed for the Flight Warning 

Computer (FWC). This software update 

introduces a decreased time delay of the 

centre wing fuel tank low pressure alert from 

15 minutes to 60 seconds, to stop prolonged 

dry running of the fuel transfer pumps. 

For the reasons described above, this EASA 

Airworthiness Directive (AD) requires the 

replacement of the FWC with a modified 

unit, incorporating software version V13.55. 

The corrective actions also include revising 

the airplane flight manual (AFM) to change 

certain indications and warnings; installing 

new software for the multifunction display 

unit (MFDU); and installing a new resistor in 

the thrust reverser indicator and control 

system, or an improved thrust reverser 

unlock indication relay. 

Restatement of Requirements of AD 99–20– 

01 With No Changes to the Modifications 

Modifications 

(f) Unless already done, within 18 months 

after October 27, 1999 (the effective date of 

AD 99–20–01), modify the electrical wiring 

of the FWC in accordance with Part 1 or 2, 

as applicable, of the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–31–047, Revision 1, dated March 21, 

1997. 

Note 1: It is not necessary to install 

computer software version V10.40 into the 

FWC, since a later version is available and is 

required to be installed by AD 99–20–01. 

(g) Unless already done, concurrently with 

the accomplishment of the requirements of 

paragraph (f) of this AD, install upgraded 

computer software version V11.45 into the 

FWC in accordance with Fokker Service 

Bulletin SBF100–31–051, dated August 15, 

1998. 

Note 2: AlliedSignal Grimes Aerospace has 

issued Service Bulletin 80–0610–31–0031, 

dated May 14, 1998, as an additional source 

of service information for installation of the 

upgraded computer software version into the 

FWC. 

Note 3: Operators should note that Fokker 

Service Bulletin SBF100–31–051, dated 

August 15, 1998, specifies prior or 

concurrent accomplishment of Fokker 

Service Bulletin SBF100–78–014 [which 

specifies concurrent accomplishment of 

Fokker Component Service Bulletin (CSB) 

P41440–78–04, and prior or concurrent 

accomplishment of Fokker Service Bulletin 

SBF100–78–012 and CSB P41440–78–05]. 

Related FAA AD 99–20–02, amendment 39– 

11330, requires accomplishment of these four 

other service bulletins. 

New Requirements of This AD: Actions and 

Compliance 

(h) Unless already done, do the following 

actions. 

(1) Within 36 months after the effective 

date of this AD, replace FWC units having 

part number (P/N) 80–0610–3–45 and P/N 

80–0610–3–50 with modified units having 

P/N 80–0610–3–55, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–31–067, Revision 1, 

dated April 24, 2008. 

(2) Within 36 months after the effective 

date of this AD and concurrently with the 

accomplishment of paragraph (h)(1) of this 

AD, revise the Emergency and Abnormal 

Procedures sections of the airplane flight 

manual (AFM), as specified in Fokker 

Manual Change Notification-Operational 

Documentation (MCNO) F100–050, dated 

January 31, 2008. These sections provide 

alterations, which are introduced by Fokker 

Service Bulletin SBF100–31–067, Revision 1, 

dated April 24, 2008. 

Note 4: Revisions to the Emergency 

Procedures and Abnormal Procedures 

sections of the AFM, as specified in Fokker 

MCNO F100–050, dated January 31, 2008, 

may be done by inserting copies of Fokker 

MCNO F100–050, dated January 31, 2008, 

into the AFM. When the information in 

Fokker MCNO F100–050, dated January 31, 

2008, has been included in general revisions 

of the AFM, the general revisions may be 

inserted in the AFM, provided the relevant 

information in the general revision is 

identical to that in Fokker MCNO F100–050, 

dated January 31, 2008. 

(3) After accomplishing paragraph (h)(1) of 

this AD, no person may install an FWC 

having P/N 80–0610–3–45 or P/N 80–0610– 

3–50, unless it has been modified to P/N 80– 

0610–3–55 standard in accordance with 

Honeywell Service Bulletin 80–0610–31– 

0003, dated February 13, 2008. 

(4) Within 36 months after the effective 

date of this AD, install software version V12 

for the MFDU in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–31–060, dated June 

1, 2002. 

(5) Within 36 months after the effective 

date of this AD, modify the thrust reverser 

indication and control system in accordance 

with the Accomplishment Instructions of 

Fokker Service Bulletin SBF100–78–016, 

dated October 1, 1999; or modify the thrust 

reverser unlock indication relay in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–78–017, dated December 1, 1999. 

FAA AD Differences 

Note 5: This AD differs from the MCAI 

and/or service information as follows: 

Item 1. Replacing the MFDU in accordance 

with Fokker Service Bulletin SBF100–31– 

060, dated June 1, 2002, is not included in 

the MCAI; however, this AD includes that 

action. It is necessary to install a new version 

of the MFDU software before installing the 

new version of the FWC software. 

Item 2. Modifying the thrust reverser 

indication and control system in accordance 

with Fokker Service Bulletin SBF100–78– 

016, dated October 1, 1999; or modifying the 

thrust reverser unlock indication relay in 

accordance with Fokker Service Bulletin 

SBF100–78–017, dated December 1, 1999, is 

not included in the MCAI; however, this AD 

includes those actions. It is necessary to do 

one of those actions before installing the 

MFDU software. 


cprice-sewell on PRODPC61 with PROPOSALS
29148 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Proposed Rules 

Other FAA AD Provisions 

(i) 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. 

Send information 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. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(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 

(j) Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2008–0090, 

dated May 13, 2008, and the service 

information in Table 1 of this AD, for related 

information. 

TABLE 1—RELATED INFORMATION

Service information— Revision level— Dated— 

Fokker MCNO F100–50 ............................................................................................................ Original ................................. January 31, 2008. 

Fokker Service Bulletin SBF100–31–060 ................................................................................. Original ................................. June 1, 2002. 

Fokker Service Bulletin SBF100–31–067 ................................................................................. Revision 1 ............................ April 24, 2008. 

Fokker Service Bulletin SBF100–78–016 ................................................................................. Original ................................. October 1, 1999. 

Fokker Service Bulletin SBF100–78–017 ................................................................................. Original ................................. December 1, 1999. 

Honeywell Service Bulletin 80–0610–31–0003 ........................................................................ Original ................................. February 13, 2008. 

Issued in Renton, Washington, on June 11, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–14410 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0559; Directorate 

Identifier 2008–SW–66–AD] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation (Sikorsky) Model 

S–92A Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes 

adopting a new airworthiness directive 

(AD) for Sikorsky Model S–92A 

helicopters. The AD would require 

revising the Limitations section of the 

Rotorcraft Flight Manual (RFM) by 

clarifying that the Model S–92A 

helicopter was certificated as a transport 

category rotorcraft in both Categories A 

and B with different operating 

limitations for each category and must 

be operated accordingly. We have 

received reports that some operators are 

inappropriately operating Model S–92A 

helicopters using Category B limitations 

when the helicopter is configured with 

10 or more passenger seats. Operating 

this helicopter when configured with 10 

or more passenger seats and adhering to 

the less stringent limitations for the 

Category B configuration approved for a 

9 or less passenger seat configuration 

does not maintain the FAA required 

minimum level of safety. This condition 

if not corrected, could result in 

operating under less stringent 

requirements. 

DATES: Comments must be received on 

or before August 18, 2009. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD: 

• 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 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: John 

Coffey, Flight Test Engineer, Boston 

Aircraft Certification Office, 12 New 

England Executive Park, Burlington, MA 

01803, telephone (781) 238–7161, fax 

(781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any written 

data, views, or arguments regarding this 

proposed AD. Send your comments to 

the address listed under the caption 

ADDRESSES. Include the docket number 

‘‘FAA–2009–0559, Directorate Identifier 

2008–SW–66–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light of 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 with FAA 

personnel concerning this proposed 

rulemaking. Using the search function 

of our docket Web site, you can find and 

read the comments to any of our 

dockets, including the name of the 

individual who sent or signed the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000. 

Examining the Docket 

You may examine the docket that 

contains the proposed AD, any 

comments, and other information in 

person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Operations office (telephone 

(800) 647–5527) is located in Room 


cprice-sewell on PRODPC61 with PROPOSALS