Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Rules and Regulations 68063 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0143; Directorate 

Identifier 2011–NM–077–AD; Amendment 

39–17252; AD 2012–22–15] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Fokker Services B.V. Model F.28 

Mark 0070 and 0100 airplanes. That AD 

currently requires revising the 

airworthiness limitations section (ALS) 

of the instructions for continued 

airworthiness for certain airplanes, and 

the FAA-approved maintenance 

program for certain other airplanes, to 

incorporate new limitations. This new 

AD requires revising the maintenance 

program to incorporate the limitations, 

tasks, thresholds, and intervals specified 

in certain revised Fokker maintenance 

review board (MRB) documents. This 

AD was prompted by a revised Fokker 

70/100 MRB document with revised 

limitations, tasks, thresholds, and 

intervals. We are issuing this AD 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. 

DATES: This AD becomes effective 

December 20, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of December 20, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of August 31, 2004 (69 FR 

44586, July 27, 2004). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

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: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an AD 

that would apply to the specified 

products. That SNPRM was published 

in the Federal Register on August 14, 

2012 (77 FR 48473), and proposed to 

supersede AD 2004–15–08, Amendment 

39–13742 (69 FR 44586, July 27, 2004). 

That SNPRM proposed to correct an 

unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

Fokker Services published issue 3 of report 

SE–672 dated 3 January 2012 and issue 9 of 

report SE–473 dated 11 January 2012, both 

part of the Airworthiness Limitations Section 

(ALS) 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: 

—Certification Maintenance Requirements 

(CMRs)—report SE–473, issue 9 

—Airworthiness Limitation Items (ALIs) and 

Safe Life Items (SLIs)—report SE–623, 

issue 8 

—Fuel ALIs and Critical Design 

Configuration Control Limitations 

(CDCCLs)—report SE–672, issue 3 

The instructions contained in those reports 

have been identified as mandatory actions for 

continued airworthiness. 

For the reasons described above, this 

[European Aviation Safety Agency (EASA)] 

AD retains the requirements of EASA AD 

2011–0157, which is superseded, and 

requires the implementation of the 

inspections and limitations as specified in 

the ALS of the Instructions for Continued 

Airworthiness, referred to in Section 06, 

Appendix 1 of the Fokker 70/100 MRB 

document, reports SE–473, SE–623 and SE– 

672 at the above-mentioned issues. 

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 obtain 

further information by examining the 

MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the SNPRM 

(77 FR 48473, August 14, 2012) or on 

the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the SNPRM (77 FR 

48473, August 14, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (77 FR 48473, 

August 14, 2012). 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

13 products of U.S. registry. 

The actions that are required by AD 

2004–15–08, Amendment 39–13742 (69 

FR 44586, July 27, 2004), and retained 

in this AD take about 1 work-hour per 

product, at an average labor rate of $85 

per work hour. The actions that are 

required by AD 2008–06–20, 

Amendment 39–15432 (73 FR 14661, 

March 19, 2008), and retained in this 

AD take about 1 work-hour per product, 

at an average labor rate of $85 per work 

hour. Based on these figures, the 

estimated cost of the currently required 

actions is $170 per product. 

We estimate that it would take about 

1 work-hour per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of the AD on U.S. 

operators to be $1,105, 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 

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. 


wreier-aviles on DSK5TPTVN1PROD with 
68064 Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Rules and Regulations 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 that this AD: 

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 AD and placed it in the AD docket. 

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 the SNPRM (77 FR 48473, 

August 14, 2012), 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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) 

2004–15–08, Amendment 39–13742 (69 

FR 44586, July 27, 2004), and adding the 

following new AD: 

2012–22–15 Fokker Services B.V.: 

Amendment 39–17252. Docket No. 

FAA–2012–0143; Directorate Identifier 

2011–NM–077–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective December 20, 2012. 

(b) Affected ADs 

This AD supersedes AD 2004–15–08, 

Amendment 39–13742 (69 FR 44586, July 27, 

2004). This AD also affects AD 2008–06–20, 

Amendment 39–15432 (73 FR 14661, March 

19, 2008). 

(c) Applicability 

(1) This AD applies to Fokker Services B.V. 

Model F.28 Mark 0070 and 0100 airplanes, 

certificated in any category, all serial 

numbers. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new actions (e.g., inspections) and/or Critical 

Design Configuration Control Limitations 

(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 (n) of this AD. The request 

should include a description of changes to 

the required actions that will ensure the 

continued operational safety of the airplane. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Reason 

This AD was prompted by a revised Fokker 

70/100 maintenance review board (MRB) 

document with revised limitations, tasks, 

thresholds, and intervals. We are issuing this 

AD 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. 

(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 Airworthiness Limitations 

Revision 

This paragraph restates the requirements of 

paragraph (c) of AD 2004–15–08, 

Amendment 39–13742 (69 FR 44586, July 27, 

2004). Within 6 months after August 31, 2004 

(the effective date of AD 2004–15–08), revise 

the Airworthiness Limitations section (ALS) 

of the Instructions for Continued 

Airworthiness by incorporating Fokker 

Services B.V. Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitations Items and Safe 

Life Items,’’ Issue 2, dated September 1, 2001; 

and Fokker Services B.V. Report SE–473, 

‘‘Fokker 70/100 Certification Maintenance 

Requirements,’’ Issue 5, dated July 16, 2001; 

into Section 6 of the Fokker 70/100 MRB 

document. (These reports are already 

incorporated into Fokker 70/100 MRB 

document, Revision 10, dated October 1, 

2001.) Once the actions required by this 

paragraph have been accomplished, the 

original issue of Fokker Services B.V. Report 

SE–623, ‘‘Fokker 70/100 Airworthiness 

Limitations Items and Safe Life Items,’’ dated 

June 1, 2000, may be removed from the ALS 

of the Instructions for Continued 

Airworthiness. Doing the actions specified in 

paragraph (i) of this AD terminates the 

requirements of paragraph (g) of this AD. 

(h) Retained Requirement for No Alternative 

Inspections or Intervals 

This paragraph restates the requirements of 

paragraph (e) of AD 2004–15–08, 

Amendment 39–13742 (69 FR 44586, July 27, 

2004). 

(1) After the actions required by paragraph 

(g) of this AD have been accomplished, no 

alternative inspections or inspection 

intervals may be approved for the structural 

elements specified in the documents 

identified in paragraph (g) of this AD, except 

as required by paragraph (k) of this AD. 

(2) Notwithstanding any other maintenance 

or operational requirements, components that 

have been identified as airworthy or installed 

on the affected airplanes before the revision 

of the ALS for certain airplanes, and the 

maintenance program for certain other 

airplanes, as required by paragraph (i) of this 

AD, do not need to be reworked in 

accordance with the critical design 

configuration control limitations (CDCCLs). 

However, once the ALS for certain airplanes, 

and the maintenance program for certain 

other airplanes, has been revised, future 

maintenance actions on these components 

must be done in accordance with the 

CDCCLs. 

(i) New Maintenance Program Revision 

Within 3 months after the effective date of 

this AD, revise the maintenance program to 

incorporate the airworthiness limitations 

specified in the Fokker MRB documents 

identified in paragraphs (i)(3), (i)(4), and 

(i)(5) of this AD. For all tasks and retirement 

lives identified in the Fokker MRB 

documents identified in paragraphs (i)(3), 

(i)(4), and (i)(5) of this AD, the initial 

compliance times start from the later of the 

times specified in paragraphs (i)(1) and (i)(2) 

of this AD, and the repetitive inspections 

must be accomplished thereafter at the 

applicable interval specified in the Fokker 

MRB documents identified in paragraphs 

(i)(3), (i)(4), and (i)(5) of this AD. 

(1) Within 3 months after the effective date 

of this AD. 

(2) At the time specified in the documents 

identified in paragraphs (i)(3), (i)(4), and 

(i)(5) of this AD. 

(3) Fokker Report SE–473, ‘‘Fokker 70/100 

Certification Maintenance Requirements,’’ 

Issue 9, released January 11, 2012. 

(4) Fokker Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitation Items and Safe Life 

Items,’’ Issue 8, released March 17, 2011. 

(5) Fokker Report SE–672, ‘‘Fokker 70/100 

Fuel Airworthiness Limitation Items (ALI) 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 221 / Thursday, November 15, 2012 / Rules and Regulations 68065 

and Critical Design Configuration Control 

Limitations (CDCCL),’’ Issue 3, released 

January 4, 2012. 

(j) New Corrective Actions 

If any discrepancy (as defined in the 

documents specified in paragraphs (i)(3), 

(i)(4), and (i)(5) of this AD) is found during 

accomplishment of any task specified in the 

documents specified in paragraphs (i)(3), 

(i)(4), and (i)(5) of this AD: Within the 

applicable compliance time specified in the 

applicable documents specified in 

paragraphs (i)(3), (i)(4), and (i)(5) of this AD, 

accomplish the corrective actions in 

accordance with the applicable documents 

specified in paragraphs (i)(3), (i)(4), and (i)(5) 

of this AD. If no compliance time is 

identified in the applicable documents 

specified in paragraphs (i)(3), (i)(4), and (i)(5) 

of this AD, accomplish the applicable 

corrective actions before further flight. If any 

discrepancy is found and there is no 

corrective action specified in the applicable 

documents specified in paragraphs (i)(3), 

(i)(4), and (i)(5) of this AD: Before further 

flight contact the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, or the European Aviation 

Safety Agency (EASA) (or its delegated 

agent), for approved corrective actions, and 

accomplish those actions before further 

flight. 

(k) No Alternative Actions, Intervals, and/or 

CDCCLs 

After accomplishing the revision required 

by paragraph (i) 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 (n)(1) of this AD. 

(l) Terminating Action 

Accomplishing the actions specified in 

paragraph (i) of this AD terminates the 

requirements of paragraph (g) of this AD. 

(m) Method of Compliance With AD 2008– 

06–20, Amendment 39–15432 (73 FR 14661, 

March 19, 2008) 

Accomplishing the actions specified in 

paragraph (i) of this AD terminates the 

requirements of paragraphs (f)(1) through 

(f)(5) of AD 2008–06–20, Amendment 39– 

15432 (73 FR 14661, March 19, 2008). 

(n) 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. 

(o) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on December 20, 2012. 

(i) Fokker Report SE–473, ‘‘Fokker 70/100 

Certification Maintenance Requirements,’’ 

Issue 9, released January 11, 2012. 

(ii) Fokker Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitation Items and Safe Life 

Items,’’ Issue 8, released March 17, 2011. 

(iii) Fokker Report SE–672, ‘‘Fokker 70/100 

Fuel Airworthiness Limitation Items (ALI) 

and Critical Design Configuration Control 

Limitations (CDCCL),’’ Issue 3, released 

January 4, 2012. 

(4) The following service information was 

approved for IBR on August 31, 2004 (69 FR 

44586, July 27, 2004). 

(i) Fokker Services B.V. Report SE–473, 

‘‘Fokker 70/100 Certification Maintenance 

Requirements,’’ Issue 5, dated July 16, 2001. 

(ii) Fokker Services B.V. Report SE–623, 

‘‘Fokker 70/100 Airworthiness Limitation 

Items and Safe Life Items,’’ Issue 2, dated 

September 1, 2001. 

(5) 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. 

(6) You may review copies of the 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. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on October 

30, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–27057 Filed 11–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0384; Airspace 

Docket No. 12–ANM–9] 

Amendment of Class D and Class E 

Airspace; Lewiston, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the Class 

D and Class E airspace areas at 

Lewiston, ID, to accommodate aircraft 

using Area Navigation (RNAV) (GPS) 

standard instrument approach 

procedures at Lewiston-Nez Perce 

County Airport. Also, the geographic 

coordinates are updated for the airport 

and navigational aids. This improves 

the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective date, 0901 UTC, 

January10, 2013. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA, 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On June 4, 2012, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to amend 

controlled airspace at Lewiston-Nez 

Perce County Airport, Lewiston, ID (77 

FR 32921). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. The FAA 

received one comment from the 

National Business Aviation Association 

(NBAA). 

The NBAA recommended making the 

Class E airspace area extending upward 

from 1,200 feet above the surface larger 

by lowering some of the adjacent Class 

E airspace, which begins from between 


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