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[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6541-6543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2162]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1114; Directorate Identifier 2010-NM-206-AD; 
Amendment 39-16591; AD 2011-03-07]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 
0100, 1000, 2000, 3000, and 4000 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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:

    Prompted by an accident * * *, the 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 on the F28 in response to these regulations 
revealed that, in case of a lightning strike, an ignition source can 
develop in the wing tank vapour space during fuel transfer from bag 
tank CWT [center wing tank], if the electrical power for refuelling 
is not switched off after refuelling.
    Service experience has revealed situations where the power 
switch of the Fuelling Control Panel (FCP) appeared to be ``ON'' 
with the access panel closed. The cam on the access panel that 
should operate the power switch, if forgotten by flight crew or 
maintenance staff, can pivot away during closing of the panel, which 
may result in the switch staying in the ``ON'' position.
    This condition, if not corrected, could result in a wing fuel 
tank explosion and consequent loss of the aeroplane.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 14, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 14, 
2011.

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.

[[Page 6542]]

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: 

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 November 19, 2010 
(75 FR 70861). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Prompted by an accident * * *, the 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 on the F28 in response to these regulations 
revealed that, in case of a lightning strike, an ignition source can 
develop in the wing tank vapour space during fuel transfer from bag 
tank CWT [center wing tank], if the electrical power for refuelling 
is not switched off after refuelling.
    Service experience has revealed situations where the power 
switch of the Fuelling Control Panel (FCP) appeared to be ``ON'' 
with the access panel closed. The cam on the access panel that 
should operate the power switch, if forgotten by flight crew or 
maintenance staff, can pivot away during closing of the panel, which 
may result in the switch staying in the ``ON'' position.
    This condition, if not corrected, could result in a wing fuel 
tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires an 
inspection of the cam and, depending on findings, replacement with 
an improved part. Subsequently, this AD requires repetitive 
functional checks of the cam and, depending on findings, the 
necessary corrective actions.

    The corrective action is adjusting the FCP cam until it operates 
correctly. You may obtain further information by examining the MCAI in 
the AD docket.

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 our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 6 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $426 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 this AD to the U.S. operators 
to be $4,086, or $681 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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-03-07 Fokker Services B.V.: Amendment 39-16591. Docket No. FAA-
2010-1114; Directorate Identifier 2010-NM-206-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.28 Mark 
1000, 2000, 3000, and 4000 airplanes, all serial numbers, equipped 
with a center wing tank (CWT); and Model F.28

[[Page 6543]]

Mark 0100 airplanes, serial numbers 11244 through 11441; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Prompted by an accident * * *, the 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 on the F28 in response to these regulations 
revealed that, in case of a lightning strike, an ignition source can 
develop in the wing tank vapour space during fuel transfer from bag 
tank CWT [center wing tank], if the electrical power for refuelling 
is not switched off after refuelling.
    Service experience has revealed situations where the power 
switch of the Fuelling Control Panel (FCP) appeared to be ``ON'' 
with the access panel closed. The cam on the access panel that 
should operate the power switch, if forgotten by flight crew or 
maintenance staff, can pivot away during closing of the panel, which 
may result in the switch staying in the ``ON'' position.
    This condition, if not corrected, could result in a wing fuel 
tank explosion and consequent loss of the aeroplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Initial Inspection and Corrective Actions

    (g) Within 6 months after the effective date of this AD, inspect 
the FCP cam to determine the part number (P/N), in accordance with 
Part 1 of the Accomplishment Instructions of Fokker Service Bulletin 
SBF28-28-052, dated April 20, 2010 (for Model F.28 Mark 1000, 2000, 
3000, and 4000 airplanes); or SBF100-28-063, dated April 15, 2010 
(for Model F.28 Mark 0100 airplanes).
    (1) If the correct part number is installed (P/N D48127-009 for 
Model F.28 Mark 0100 airplanes and P/N A42509-089 for Model F.28 
Mark 1000, 2000, 3000, and 4000 airplanes), before further flight, 
do an inspection to verify that the cam operates correctly, in 
accordance with Part 1 of the Accomplishment Instructions of Fokker 
Service Bulletin SBF28-28-052, dated April 20, 2010 (for Model F.28 
Mark 1000, 2000, 3000, and 4000 airplanes); or SBF100-28-063, dated 
April 15, 2010 (for Model F.28 Mark 0100 airplanes).
    (2) If a part number other than P/N D48127-009 for Model F.28 
Mark 0100 airplanes and P/N A42509-089 for Model F.28 Mark 1000, 
2000, 3000, and 4000 airplanes is installed, within 24 months after 
the effective date of this AD, replace the cam with a cam having a 
correct part number, and do an inspection to verify that the cam 
operates correctly, in accordance with Part 2 of the Accomplishment 
Instructions of Fokker Service Bulletin SBF28-28-052, dated April 
20, 2010 (for Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes); 
or SBF100-28-063, dated April 15, 2010 (for Model F.28 Mark 0100 
airplanes).
    (3) If, during any inspection required by paragraphs (g)(1) and 
(g)(2) of this AD, the cam does not operate correctly, before 
further flight, adjust the cam until it operates correctly, in 
accordance with Part 2 of the Accomplishment Instructions of Fokker 
Service Bulletin SBF28-28-052, dated April 20, 2010 (for Model F.28 
Mark 1000, 2000, 3000, and 4000 airplanes); or SBF100-28-063, dated 
April 15, 2010 (for Model F.28 Mark 0100 airplanes).

Repetitive Inspections

    (h) Within 1,200 flight hours after verifying that the cam 
operates correctly, as required by paragraphs (g)(1) and (g)(2) of 
this AD, as applicable: Do an inspection to verify that the cam 
operates correctly and, before further flight, do all applicable 
corrective actions, in accordance with Part 2 of the Accomplishment 
Instructions of Fokker Service Bulletin SBF28-28-052, dated April 
20, 2010 (for Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes); 
or SBF100-28-063, dated April 15, 2010 (for Model F.28 Mark 0100 
airplanes). Thereafter, repeat the inspection of the cam at 
intervals not to exceed 1,200 flight hours.

Parts Installation

    (i) As of the effective date of this AD, no person may install 
an FCP access door, cam, or fueling panel on any airplane, unless 
the requirements of this AD have been accomplished on the cam.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: Although paragraph (6) of the MCAI provides 
an option to incorporate the repetitive functional inspection into 
the maintenance program and then use the maintenance program as a 
method of complying with the repetitive inspection requirement, this 
AD does not include that provision.

Other FAA AD Provisions

    (j) 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, 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.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0139, dated July 1, 2010; Fokker 
Service Bulletin SBF28-28-052, dated April 20, 2010; and Fokker 
Service Bulletin SBF100-28-063, dated April 15, 2010; for related 
information.

Material Incorporated by Reference

    (l) You must use Fokker Service Bulletin SBF28-28-052, dated 
April 20, 2010; or Fokker Service Bulletin SBF100-28-063, dated 
April 15, 2010; 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., 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-2162 Filed 2-4-11; 8:45 am]
BILLING CODE 4910-13-P
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