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[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Proposed Rules]
[Pages 70861-70863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29228]

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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]
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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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:

    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.
* * * * *
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 January 3, 2011.

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 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 [email protected]; 
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, 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-2010-1114; 
Directorate Identifier 2010-NM-206-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 2010-0139, dated July 1, 2010 (referred to 
after this as ``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 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.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletins SBF28-28-
052, dated April 20, 2010; and SBF100-28-063, dated April 15, 2010. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

[[Page 70862]]

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 6 products of U.S. registry. We also estimate that 
it would take about 3 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 $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 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 $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 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 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.

Sec.  39.13  [Amended]

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

Fokker Services B.V.: Docket No. FAA-2010-1114; Directorate 
Identifier 2010-NM-206-AD.

Comments Due Date

    (a) We must receive comments by January 3, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F28 Mark 1000, 
2000, 3000, and 4000 airplanes, all serial numbers, equipped with a 
center wing tank (CWT); and Model F28 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.

Actions

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 F28 Mark 1000, 2000, 
3000, and 4000 airplanes); or SBF100-28-063, dated April 15, 2010 
(for Model F28 Mark 0100 airplanes).
    (1) If the correct part number is installed (P/N D48127-009 for 
Model F28 Mark 0100 airplanes and P/N A42509-089 for Model F28 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 F28 Mark 
1000, 2000, 3000, and 4000 airplanes); or SBF100-28-

[[Page 70863]]

063, dated April 15, 2010 (for Model F28 Mark 0100 airplanes).
    (2) If a part number other than P/N D48127-009 for Model F28 
Mark 0100 airplanes and P/N A42509-089 for Model F28 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 F28 Mark 1000, 2000, 3000, and 4000 airplanes); 
or SBF100-28-063, dated April 15, 2010 (for Model F28 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 F28 
Mark 1000, 2000, 3000, and 4000 airplanes); or SBF100-28-063, dated 
April 15, 2010 (for Model F28 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 F28 Mark 1000, 2000, 3000, and 4000 airplanes); 
or SBF100-28-063, dated April 15, 2010 (for Model F28 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 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. 
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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (k) Refer to MCAI 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.

    Issued in Renton, Washington, on November 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-29228 Filed 11-18-10; 8:45 am]
BILLING CODE 4910-13-P
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