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[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Proposed Rules]
[Pages 3059-3061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00633]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8466; Directorate Identifier 2015-NM-045-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 the need for more restrictive fuel 
airworthiness limitations. This proposed AD would require revising the 
maintenance program or inspection program, as applicable, to 
incorporate certain fuel system airworthiness limitations. We are 
proposing this AD 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.

DATES: We must receive comments on this proposed AD by March 7, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.

[[Page 3060]]

    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 view this 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 by searching for and locating Docket No. FAA-2015-
8466; or in person at the Docket Management Facility 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, WA 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-2015-8466; 
Directorate Identifier 2015-NM-045-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 Union, has issued EASA 
Airworthiness Directive 2015-0032, dated February 24, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Fokker Services 
B.V. Model F.28 Mark 0070 and 0100 airplanes. The MCAI states:

    Fokker Services published issue 5 of Engineering Report SE-672, 
containing Fuel Airworthiness Limitation Items (ALIs) and Critical 
Design Configuration Control Limitations (CDCCLs). This report is 
Part 3 of the Airworthiness Limitations Section (ALS Part 3) of the 
Instructions for Continued Airworthiness, referred to in Section 06, 
Appendix 1, of the Fokker 70/100 Maintenance Review Board (MRB) 
document.
    The complete ALS currently consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements 
(CMRs), Part 2--Report SE-623, ALIs and Safe Life Items (SLIs), and 
Part 3--Report SE-672, Fuel ALIs and CDCCLs.
    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD requires 
implementation of the maintenance actions as specified in ALS Part 3 
of the Instructions for Continued Airworthiness, Fokker Services 
Engineering Report SE-672 at issue 5.

    We have determined that the actions identified in this AD are 
necessary to reduce the potential of structural failures or 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. You may examine the MCAI in the AD docket on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2015-8466.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Services B.V. Engineering 
Report SE-672, Fokker 70/100 Fuel ALI's and CDCCL's, Issue 5, released 
December 11, 2014. The service information describes fuel airworthiness 
limitation items and critical design configuration control limitations. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 these 
same type designs.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or CDCCLs. 
Compliance with these actions and/or 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 
(i)(1) 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.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Fokker Services maintenance documentation. However, this AD does 
not include that requirement. Operators of U.S.-registered airplanes 
are required by general airworthiness and operational regulations to 
perform maintenance using methods that are acceptable to the FAA. We 
consider those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this AD.

Costs of Compliance

    We estimate that this proposed AD affects 8 airplanes of U.S. 
registry.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $680, or $85 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

[[Page 3061]]

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.

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 airworthiness 
directive (AD):

Fokker Services B.V.: Docket No. FAA-2015-8466; Directorate 
Identifier 2015-NM-045-AD.

(a) Comments Due Date

    We must receive comments by March 7, 2016.

(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 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by the need for more restrictive fuel 
airworthiness limitations. We are issuing this AD 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance Program Revision

    (1) Within 12 months after the effective date of this AD, revise 
the maintenance or inspection program, as applicable, to incorporate 
the fuel airworthiness limitation items (ALIs) and critical design 
configuration control limitations (CDCCLs) specified in Fokker 
Services B.V. Engineering Report SE-672, Fokker 70/100 Fuel ALI's 
and CDCCL's, Issue 5, released December 11, 2014.
    (2) The initial compliance times and repetitive intervals for 
the actions are at the applicable times specified within Fokker 
Services B.V. Engineering Report SE-672, Fokker 70/100 Fuel ALI's 
and CDCCL's, Issue 5, released December 11, 2014. If any discrepancy 
is found, repair using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency; or Fokker B.V. Service's 
EASA Design Organization Approval (DOA). Repair any discrepancy 
before further flight.

(h) No Alternative Inspections, Inspection Intervals, or CDCCLs

    After accomplishment of the actions specified in paragraph (g) 
of this AD, no alternative inspections, inspection intervals, or 
CDCCLs may be used unless the inspections, intervals, or CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (i)(1) of this AD.

(i) 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 425-227-1149. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; 
or Fokker Services B.V.'s EASA DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2015-0032, dated 
February 24, 2015, for related information. This MCAI may be found 
in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-8466.
    (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 view this 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 January 5, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00633 Filed 1-19-16; 8:45 am]
BILLING CODE 4910-13-P
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