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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-1304; Directorate Identifier 2010-NM-254-AD; Amendment 39-16644; AD 2011-07-07]
          - RIN 2120-AA64

# 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:

* * * Under certain conditions, an ignition source may develop in the wing tank vapour space, due to insufficient clearance between the wiring along the Fuel Quantity Tank Units (FQTU's) and the local reinforcing structure around the upper skin cut-out.

This condition, if not corrected, in combination with flammable fuel vapours, could result in a wing 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 May 6, 2011.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 6, 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.                    

# 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 January 5, 2011 (76 FR 482). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

* * * The FAA has published Special Federal Aviation Regulation (SFAR) 88, and the [Joint Aviation Authorities] JAA has published Interim Policy INT/POL/25/12. The design review conducted by Fokker Services on the Fokker F28 type design in response to these regulations revealed that, under certain conditions, an ignition source may develop in the wing tank vapour space, due to insufficient clearance between the wiring along the Fuel Quantity Tank Units (FQTU's) and the local reinforcing structure around the upper skin cut-out.

This condition, if not corrected, in combination with flammable fuel vapours, could result in a wing tank explosion and consequent loss of the aeroplane.

                        For the reasons described above, this AD requires a one-time [detailed] inspection to investigate if a clearance of 3 mm (0.12 inch) or more is available between the FQTU                               ( print page 18030)                            probes wiring and the surrounding reinforcement structure of the wing upper skin and corrective rework actions, depending on findings.                    

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 2 products of U.S. registry. We also estimate that it will take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $1,020, or $510 per product.

In addition, we estimate that any necessary follow-on actions will take about 21 work-hours and require parts costing $0, for a cost of $1,785 per product. We have no way of determining the number of products that may need these actions.

## 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

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 that this AD:*

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Is not a “significant rule” under 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.

## 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 

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

**2011-07-07 Fokker Services B.V.:**                             Amendment 39-16644. Docket No. FAA-2010-1304; Directorate Identifier 2010-NM-254-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective May 6, 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, certificated in any category, all serial numbers.

## Subject

(d) Air Transport Association (ATA) of America Code 57: Wings.

## Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

* * * Under certain conditions, an ignition source may develop in the wing tank vapour space, due to insufficient clearance between the wiring along the Fuel Quantity Tank Units (FQTU's) and the local reinforcing structure around the upper skin cut-out.

This condition, if not corrected, in combination with flammable fuel vapours, could result in a wing 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.

## Detailed Inspection and Corrective Actions

(g) At the next scheduled opening of the fuel tanks, but not later than 84 months after the effective date of this AD, do a detailed inspection for minimum clearance of the gap between the FQTU wiring harness and the outer wing FQTU hole reinforcement structure, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010.

                            (h) If during the inspection required by paragraph (g) of this AD, the minimum clearance is found to be insufficient, as defined in the Accomplishment Instructions of Fokker Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010, before further flight, rework the surrounding structure to remove the possibility of an ignition source, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010.                                  ( print page 18031)    

## Credit for Actions Accomplished in Accordance With Previous Service Information

(i) Inspections accomplished before the effective date of this AD according to Fokker Service Bulletin SBF28-57-097, dated May 6, 2010, are considered acceptable for compliance with the requirements of paragraph (g) of this AD.

## FAA AD Differences

# Note 1:

 This AD differs from the MCAI and/or service information as follows: No differences.

## 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. 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, sent 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 e-mailed 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.                        

## Related Information

(k) Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2010-0156, dated August 3, 2010; and Fokker Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010; for related information.

## Material Incorporated by Reference

(l) You must use Fokker Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010, 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 March 15, 2011.

Kalene C. Yanamura,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2011-7202 Filed 3-31-11; 8:45 am]

BILLING CODE 4910-13-P