48832 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Proposed Rules 

Issued in Burlington, Massachusetts, on 

August 5, 2013. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–19414 Filed 8–9–13; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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 


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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Proposed Rules 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 cooperate 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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Installation of bonding provisions and maintenance program revision.36 work-hours × $85 per hour = $3,060 ........ $0 $3,060 $30,600 

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. 


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48834 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Proposed Rules 

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 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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