This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

33332 

Vol. 77, No. 109 

Wednesday, June 6, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0589; Directorate 

Identifier 2011–NM–189–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede two 

existing airworthiness directives (AD) 

that apply to certain Fokker Services 

B.V. Model F.28 Mark 0100 airplanes. 

The first existing AD currently requires 

removing the actuator from the fuelbalance transfer-valve (FBTV) and 

installing a locking device on the FBTV. 

The second existing AD currently 

requires inspecting to verify that the 

position indicator of the FBTV is in the 

closed position and deactivating the 

fuel-balance transfer-system. Since we 

issued those ADs, we have received 

reports that the FBTV was inadvertently 

reactivated after required de-activation 

measures were undone. This proposed 

AD would require installing an FBTV 

locking device. We are proposing this 

AD to prevent fuel starvation and 

consequently a double-engine flameout, 

possibly resulting in a forced landing, 

damage to the airplane, and injury to 

occupants. 

DATES: We must receive comments on 

this proposed AD by July 23, 2012. 

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 231, 2150 AE Nieuw-Vennep, 

the Netherlands; telephone +31 (0)252– 

627–350; fax +31 (0)252–627–211; email 

technicalservices.fokkerservices@stork.

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, 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, WA 

98057–3356; phone: (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–2012–0589; Directorate Identifier 

2011–NM–189–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 

On June 23, 1994, we issued AD 94– 

14–05, Amendment 39–8957 (59 FR 

35237, July 11, 1994), and on March 21, 

1996, we issued AD 96–07–06, 

Amendment 39–9555 (61 FR 14014, 

March 29, 1996). Those ADs required 

actions intended to address an unsafe 

condition on Model F.28 Mark 0100 

airplanes. 

Since we issued AD 94–14–05, 

Amendment 39–8957 (59 FR 35237, July 

11, 1994), and AD 96–07–06, 

Amendment 39–9555 (61 FR 14014, 

March 29, 1996): The European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community, has 

issued EASA Airworthiness Directive 

2011–0158, dated August 26, 2011 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Some Fokker F28 Mark 0100 (Fokker 100) 

aeroplanes were delivered from the 

production line with a Fuel-Balance 

Transfer-System (FBTS) installed. Other 

Fokker 100 aeroplanes were delivered with 

only FBTS provisions and for some of those, 

an option existed for in-service activation of 

the FBTS, through Fokker Service Bulletin 

(SB) SBF100–28–021. 

The FBTS was designed to be used during 

maintenance activities to move the Centre of 

Gravity (CG) forward by transferring fuel 

from the main tanks to the centre tank 

through the crossfeed system and a FuelBalance Transfer-Valve (FBTV). 

In 1993, a dormant failure mode was 

discovered, which could lead to fuel 

starvation and consequently to a double 

engine flame-out, possibly resulting in a 

forced landing, damage to the aeroplane and 

injury to occupants. To address and correct 

this unsafe condition, CAA–NL [Civil 

Aviation Authority—Netherlands] issued AD 

BLA 93–160, which required modification of 

the FBTV (Fokker SBF100–28–029) [which 

corresponds to FAA AD 94–14–05, 

Amendment 39–8957 (59 FR 35237, July 11, 

1994)], and later BLA 94–146, which 

required deactivation of the FBTS (Fokker 

SBF100–28–030) [which corresponds to FAA 

AD 96–07–06, Amendment 39–9555 (61 FR 

14014, March 29, 1996)]. 

Recently, one operator reported that on two 

aeroplanes, the FBTS had inadvertently been 

reactivated. SBF100–28–030 had been 

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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules 33333 

accomplished on both aeroplanes but 

apparently, (some of) the de-activation 

measures introduced with that SB were later 

made undone. Subsequent investigation also 

showed that Fokker SBF100–28–021, 

containing instructions for activating the 

FBTS, had inadvertently been left active 

when SBF100–28–029 and SBF100–28–030 

were published. To address this safety 

concern, Fokker Services have issued 

SBF100–28–066, which introduces a task to 

deactivate the FBTS to a greater extent than 

previously required. At the same time, 

SBF100–28–021 has been cancelled by its 

Revision 1. 

For the reasons described above, this 

[EASA] AD retains the requirements of CAA– 

NL [airworthiness directives] BLA 93–160 

and BLA 94–146, which are superseded, and 

requires the accomplishment of additional 

measures to deactivate the FBTS [modify the 

airplane by installing an FBTV locking 

device], in accordance with the instructions 

of Fokker Services SBF100–28–066. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Fokker Services B.V. has issued 

Fokker Service Bulletin SBF100–28– 

066, dated June 30, 2011, which 

includes the following attachments 

(* the issue date is not specified on the 

drawing): 

• Fokker Manual Change 

Notification—Maintenance 

Documentation MCNM–F100–145, 

dated June 30, 2011. 

• Fokker Manual Change 

Notification—Operational 

Documentation MCNO–F100–059, dated 

June 30, 2011. 

• Fokker Drawing W41190, Sheet 

013, Issue P.* 

• Fokker Drawing W41190, Sheet 

014, Issue P.* 

• Fokker Drawing W41190, Sheet 

016, Issue P.* 

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. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 2 products of U.S. registry. 

The actions that are required by AD 

94–14–05, Amendment 39–8957 (59 FR 

35237, July 11, 1994), and retained in 

this proposed AD take about 1 workhour per product, at an average labor 

rate of $85 per work hour. Required 

parts cost about $250 per product. Based 

on these figures, the estimated cost of 

the currently required actions is $335 

per product. 

The actions required by AD 96–07–06, 

Amendment 39–9555 (61 FR 14014, 

March 29, 1996), and retained in this 

proposed AD take about 1 work-hour 

per product, at an average labor rate of 

$85 per work hour. Required parts cost 

about $0 per product. Based on these 

figures, the estimated cost of the 

currently required actions is $85 per 

product. 

We estimate that it would take about 

5 work-hours per product to comply 

with the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $650 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 the proposed AD on U.S. 

operators to be $2,150, or $1,075 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); 

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. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

94–14–05, Amendment 39–8957 (59 FR 

35237, July 11, 1994); and AD 96–07– 

06, Amendment 39–9555 (61 FR 14014, 

March 29, 1996); and adding the 

following new AD: 

Fokker Services B.V.: Docket No. FAA– 

2012–0589; Directorate Identifier 2011– 

NM–189–AD. 

(a) Comments Due Date 

We must receive comments by July 23, 

2012. 

(b) Affected ADs 

This AD supersedes AD 94–14–05, 

Amendment 39–8957 (59 FR 35237, July 11, 

1994); and AD 96–07–06, Amendment 39– 

9555 (61 FR 14014, March 29, 1996). 

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33334 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F.28 Mark 0100 airplanes; certificated 

in any category; serial numbers 11257, 11258, 

11261, 11262, 11264, 11265, 11266, 11284, 

11285, 11287, 11288, 11290, 11292, 11294, 

11296, 11298, 11299, 11301, 11302, 11304, 

11305, 11307, 11309, 11311, 11315, 11317, 

11319, 11320, 11322, 11336, 11339, 11341 

through 11344 inclusive, 11347, 11348, 

11350, 11351, 11362, 11363, 11364, 11371, 

11374, 11375, 11382, 11383, 11384, 11389, 

11390, 11394, 11400, 11401, 11409, 11410, 

11420 through 11424 inclusive, 11429, 

11430, 11431, 11433, 11441 through 11456 

inclusive, 11461, 11462, 11463, 11470 

through 11475 inclusive, 11477, 11484, 

11485, 11486, 11488, 11489, 11496, 11497, 

11500, 11503, 11505, 11511, 11512, 11516, 

11517, 11518, and 11527. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28: Fuel. 

(e) Reason 

This AD was prompted by reports that the 

fuel-balance transfer-valve (FBTV) was 

inadvertently reactivated after required deactivation measures were undone. We are 

issuing this AD to prevent fuel starvation and 

consequently a double-engine flameout, 

possibly resulting in a forced landing, 

damage to the airplane, and injury to 

occupants. 

(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) Retained Installation of a Locking Device 

for the FBTV 

This paragraph restates the requirements of 

paragraph (a) of AD 94–14–05, Amendment 

39–8957 (59 FR 35237, July 11, 1994). For 

airplanes having serial numbers 11443, 

11446 through 11449 inclusive, and 11456: 

Within 30 days after August 10, 1994 (the 

effective date of AD 94–14–05), remove the 

actuator from the fuel-balance transfer-valve, 

part number (P/N) 7933141J and install a 

locking device on the fuel-balance transfervalve, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–029, Revision 1, 

dated November 30, 1993. 

(h) Retained Inspection and Deactivation 

(1) This paragraph restates the 

requirements of paragraphs (a) and (b) of AD 

96–07–06, Amendment 39–9555 (61 FR 

14014, March 29, 1996). For airplanes 

identified in Fokker Service Bulletin 

SBF100–28–030, Revision 1, dated December 

5, 1994: After April 29, 1996 (the effective 

date of AD 96–07–06), whenever the fuel 

balance transfer system (FBTS) is used 

during maintenance, prior to further flight, 

perform an inspection to verify that the 

position indicator of the FBTV is in the 

closed position, in accordance with Fokker 

Service Bulletin SBF100–28–030, Revision 1, 

dated December 5, 1994. The inspection 

requirements of this paragraph must be 

accomplished until the deactivation required 

by paragraph (h)(2) of this AD is 

accomplished. 

(i) If the position indicator is in the closed 

position, no further action is required by this 

paragraph. 

(ii) If the position indicator is in the open 

position, close the FBTV, in accordance with 

the Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–030, Revision 1, 

dated December 5, 1994. 

(2) Within 90 days after April 29, 1996 (the 

effective date of AD 96–07–06, Amendment 

39–9555 (61 FR 14014, March 29, 1996)), 

deactivate the FBTS in accordance with 

either Part 2 or Part 3, as applicable, of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–030, Revision 1, 

dated December 5, 1994. Accomplishment of 

the deactivation constitutes terminating 

action for the repetitive inspection 

requirements of paragraph (h)(1) of this AD. 

(i) New Requirements of This AD 

Within 12 months after the effective date 

of this AD, modify the airplane by installing 

an FBTV locking device, in accordance with 

the Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–066, dated June 

30, 2011, which includes the attachments 

identified in paragraphs (i)(1) through (i)(5) 

of this AD (* the issue date is not specified 

on the drawing.) 

(1) Fokker Manual Change Notification— 

Maintenance Documentation MCNM–F100– 

145, dated June 30, 2011. 

(2) Fokker Manual Change Notification— 

Operational Documentation MCNO–F100– 

059, dated June 30, 2011. 

(3) Fokker Drawing W41190, Sheet 013, 

Issue P.* 

(4) Fokker Drawing W41190, Sheet 014, 

Issue P.* 

(5) Fokker Drawing W41190, Sheet 016, 

Issue P.* 

(j) Prohibited Modification 

As of the effective date of this AD, no 

person may modify any airplane using the 

Accomplishment Instructions of Fokker 

Services Bulletin SBF100–28–021, dated 

September 6, 1991. That service bulletin was 

cancelled by Fokker Service Bulletin 

SBF100–28–021, Revision 1, dated June 30, 

2011. 

(k) 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, Washington 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) 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. 

(l) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0158, dated August 26, 2011, 

and the service information specified in 

paragraphs (l)(1), (l)(2), and (l)(3) for related 

information. 

(1) Fokker Service Bulletin SBF100–28– 

029, Revision 1, dated November 30, 1993. 

(2) Fokker Service Bulletin SBF100–28– 

030, Revision 1, dated December 5, 1994. 

(3) Fokker Service Bulletin SBF100–28– 

066, dated June 30, 2011, which includes the 

attachments identified in paragraphs (l)(3)(i) 

through (l)(3)(v) of this AD (* the issue date 

is not specified on the drawing.) 

(i) Fokker Manual Change Notification— 

Maintenance Documentation MCNM–F100– 

145, dated June 30, 2011. 

(ii) Fokker Manual Change Notification— 

Operational Documentation MCNO–F100– 

059, dated June 30, 2011. 

(iii) Fokker Drawing W41190, Sheet 013, 

Issue P.* 

(iv) Fokker Drawing W41190, Sheet 014, 

Issue P.* 

(v) Fokker Drawing W41190, Sheet 016, 

Issue P.* 

Issued in Renton, Washington, on May 24, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–13671 Filed 6–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0590; Directorate 

Identifier 2011–NM–112–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to all Model ERJ 190–100 

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