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[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48832-48834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19461]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0674; Directorate Identifier 2012-NM-217-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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 that no 
controlled bonding provisions are present on a number of critical 
locations inside the fuel tank or connected to the fuel tank wall. This 
proposed AD would require installing additional bonding provisions in 
the fuel tank, and revising the airplane maintenance program by 
incorporating fuel airworthiness limitation items and critical design 
configuration control limitations. We are proposing this AD to prevent 
an ignition source in the fuel 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 September 26, 
2013.

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 1357, 2130 EL 
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. 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 MCAI, 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-2013-0674; 
Directorate Identifier 2012-NM-217-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 2012-0242, dated November 12, 2012 (referred to 
after this the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), 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 Services on the Fokker 70 and 
Fokker 100 in response to these regulations revealed that no 
controlled bonding provisions are present on a number of critical 
locations, inside the fuel tank or connected to the fuel tank wall.
This condition, if not corrected, may create an ignition source in 
the fuel tank vapour space, possibly resulting in a fuel tank 
explosion and consequent loss of the aeroplane.
For the reasons described above, this [EASA] AD requires the 
installation of additional bonding provisions and, subsequently, the 
implementation of the associated Fuel Airworthiness Limitation Items 
(ALI) and Critical Design Configuration Control Limitations 
(CDCCL[s]) [and revising the maintenance program to incorporate the 
ALIs and 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 (``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 do not meet the new fuel 
tank safety standards. As explained in the preamble to the rule, we 
intended to adopt

[[Page 48833]]

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 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.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-28-
069, dated August 17, 2012, which includes the following attachments:
     Fokker Drawing W31036, Sheet 001, Issue A, dated November 
12, 2012;
     Fokker Drawing W69280, Sheet 001, Issue A, dated November 
12, 2009;
     Fokker Drawing W69350, Sheet 001, Issue A, dated November 
12, 2009;
     Fokker Drawing W69285, Sheet 001, Issue A, dated November 
12, 2009;
     Fokker Drawing W69200, Sheet 001, Issue A, and Sheets 002 
through 004, Issue B, dated November 12, 2009;
     Fokker Drawing W69240, Sheet 001, Issue A, and Sheets 002 
through 004, Issue B, dated November 12, 2009;
     Fokker Drawing W69335, Sheet 001, dated November 12, 2009;
     Fokker Drawing W69405, Sheet 001, dated November 12, 2009; 
and
     Fokker Drawing W692710, Sheet 004, Issue B, dated November 
12, 2008.
    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.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and 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) 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.

Costs of Compliance

    We estimate that this proposed AD affects 10 products of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installation of bonding provisions    36 work-hours x $85 per              $0           $3,060          $30,600
 and maintenance program revision.     hour = $3,060.
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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.

[[Page 48834]]

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

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:

Fokker Services B.V.: Docket No. FAA-2013-0674; Directorate 
Identifier 2012-NM-217-AD.

(a) Comments Due Date

    We must receive comments by September 26, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes, certificated in any category, all serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a design review, which revealed that no 
controlled bonding provisions are present on a number of critical 
locations inside the fuel tank or connected to the fuel tank wall. 
We are issuing this AD to prevent an ignition source in the fuel 
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) Installation of Bonding Provisions

    (1) Within 24 months after the effective date of this AD: 
Install the additional bonding provisions at the locations specified 
in, and in accordance with, Parts 3, 4, 5, and 6 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-28-
069, dated August 17, 2012, which includes the attachments 
identified in paragraphs (g)(1)(i) through (g)(1)(ix) of this AD.
    (i) Fokker Drawing W31036, Sheet 001, Issue A, dated November 
12, 2012.
    (ii) Fokker Drawing W69280, Sheet 001, Issue A, dated November 
12, 2009.
    (iii) Fokker Drawing W69350, Sheet 001, Issue A, dated November 
12, 2009.
    (iv) Fokker Drawing W69285, Sheet 001, Issue A, dated November 
12, 2009.
    (v) Fokker Drawing W69200, Sheet 001, Issue A, and Sheets 002 
through 004, Issue B, dated November 12, 2009.
    (vi) Fokker Drawing W69240, Sheet 001, Issue A, and Sheets 002 
through 004, Issue B, dated November 12, 2009.
    (vii) Fokker Drawing W69335, Sheet 001, dated November 12, 2009.
    (viii) Fokker Drawing W69405, Sheet 001, dated November 12, 
2009.
    (ix) Fokker Drawing W692710, Sheet 004, Issue B, dated November 
12, 2008.
    (2) At the next scheduled opening of the fuel tanks after the 
effective date of this AD, but no later than 84 months after the 
effective date of this AD, install the additional bonding provisions 
at the locations specified in, and in accordance with, Parts 1, 2, 
7, 8, and 9 of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-28-069, dated August 17, 2012, which includes the 
attachments identified in paragraphs (g)(2)(i) through (g)(2)(ix) of 
this AD.
    (i) Fokker Drawing W31036, Sheet 001, Issue A, dated November 
12, 2012.
    (ii) Fokker Drawing W69280, Sheet 001, Issue A, dated November 
12, 2009.
    (iii) Fokker Drawing W69350, Sheet 001, Issue A, dated November 
12, 2009.
    (iv) Fokker Drawing W69285, Sheet 001, Issue A, dated November 
12, 2009.
    (v) Fokker Drawing W69200, Sheet 001, Issue A, and Sheets 002 
through 004, Issue B, dated November 12, 2009.
    (vi) Fokker Drawing W69240, Sheet 001, Issue A, and Sheets 002 
through 004, Issue B, dated November 12, 2009.
    (vii) Fokker Drawing W69335, Sheet 001, dated November 12, 2009.
    (viii) Fokker Drawing W69405, Sheet 001, dated November 12, 
2009.
    (ix) Fokker Drawing W692710, Sheet 004, Issue B, dated November 
12, 2008.

(h) Revision of Maintenance or Inspection Program

    Within 30 days after installing the bonding provisions specified 
in paragraph (g)(1) or (g)(2) of this AD, whichever occurs first: 
Revise the airplane maintenance or inspection program, as 
applicable, by incorporating the fuel airworthiness limitation items 
and CDCCLs specified in paragraph 1.L.(1)(c) of Fokker Service 
Bulletin SBF100-28-069, dated August 17, 2012.

(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) 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, 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, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch; ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1137. 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0242, dated November 12, 2012, for related information. The MCAI can 
be found in the AD docket on the Internet at http://www.regulations.gov.
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425 227-1221.

    Issued in Renton, Washington, on August 1, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2013-19461 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P
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