37784 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0300; Directorate 

Identifier 2011–NM–276–AD; Amendment 

39–17086; AD 2012–12–06] 

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 adopting a new 

airworthiness directive (AD) for all 

Fokker Services B.V. Model F.28 Mark 

0070 and 0100 airplanes. This AD was 

prompted by a design review which 

revealed the absence of electrical 

insulation material between a wing or 

integral center wing tank (ICWT) fuel 

quantity indication system (FQIS) probe 

and the bottom of the tank structure. 

This AD requires for all airplanes, 

applying sealant below the FQIS probes 

in the wing tanks; and for certain 

airplanes, applying sealant below the 

FQIS probes in the ICWT. This AD also 

requires revising the aircraft 

maintenance program by revising the 

fuel airworthiness limitations and 

incorporating critical design 

configuration control limitations 

(CDCCLs). We are issuing this AD to 

prevent an ignition source in the tank 

vapor space, which could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: This AD becomes effective July 

30, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 30, 2012. 

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 notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 27, 2012 (77 FR 

18141). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

[T]he 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 the absence of 

electrical insulation material between a wing 

or Integral Center Wing Tank (ICWT) Fuel 

Quantity Indication System (FQIS) probe and 

the bottom of the tank structure could, under 

certain conditions, result in an ignition 

source in the tank vapour space. 

This condition, if not corrected, could 

result in a fuel tank explosion and 

consequent loss of the aeroplane. 

For the reasons described above, this 

[EASA] AD requires the application of 

sealant below the FQIS probes in the wing 

tanks and below the FQIS probes in the 

ICWT, as applicable to aeroplane 

configuration. * * * 

The corrective actions also include 

revising the aircraft maintenance 

program by revising the fuel 

airworthiness limitations and 

incorporating CDCCLs. 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 NPRM (77 

FR 18141, March 27, 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 NPRM (77 FR 

18141, March 27, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 18141, 

March 27, 2012). 

Costs of Compliance 

We estimate that this AD will affect 4 

products of U.S. registry. We also 

estimate that it will take about 8 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 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 this AD 

to the U.S. operators to be $2,720, or 

$680 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 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:// 


erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 37785 

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 NPRM (77 FR 18141, 

March 27, 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 adding 

the following new AD: 

2012–12–06 Fokker Services B.V.: 

Amendment 39–17086. Docket No. 

FAA–2012–0300; Directorate Identifier 

2011–NM–276–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective July 30, 2012. 

(b) Affected ADs 

None. 

(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 (j)(1) 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 design review 

which revealed the absence of electrical 

insulation material between a wing or 

integral center wing tank (ICWT) fuel 

quantity indication system (FQIS) probe and 

the bottom of the tank structure. We are 

issuing this AD to prevent an ignition source 

in the 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) Sealant Application 

Do the actions specified in paragraphs 

(g)(1) and (g)(2) of this AD, as applicable. 

(1) For all airplanes: At a scheduled 

opening of the fuel tanks, but not later than 

84 months after the effective date of this AD, 

apply sealant below the probes in the wing 

tanks, in accordance with Part 1 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–067, dated 

September 2, 2011, including Fokker Manual 

Change Notification—Maintenance 

Documentation MCNM–F100–144, dated 

September 2, 2011. 

(2) For airplanes having serial numbers 

11442 through 11585 inclusive, and 

equipped with an ICWT: At a scheduled 

opening of the fuel tanks, but not later than 

84 months after the effective date of this AD, 

apply sealant below the probes in the ICWT, 

in accordance with Part 2 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–067, dated 

September 2, 2011, including Fokker Manual 

Change Notification—Maintenance 

Documentation MCNM–F100–144, dated 

September 2, 2011. 

(h) Maintenance Program Revision 

Before further flight after doing any action 

required by paragraph (g) of this AD, revise 

the aircraft maintenance program by 

incorporating the fuel airworthiness 

limitation and the CDCCL specified in 

paragraph 1.L.(1)(c) of Fokker Service 

Bulletin SBF100–28–067, dated September 2, 

2011, including Fokker Manual Change 

Notification—Maintenance Documentation 

MCNM–F100–144, dated September 2, 2011. 

(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)(1) 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, 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. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0227, 

dated December 6, 2011; and Fokker Service 

Bulletin SBF100–28–067, dated September 2, 

2011, including Fokker Manual Change 

Notification—Maintenance Documentation 

MCNM–F100–144, dated September 2, 2011; 

for related information. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) Fokker Service Bulletin SBF100–28– 

067, dated September 2, 2011, including 

Fokker Manual Change Notification— 

Maintenance Documentation MCNM–F100– 

144, dated September 2, 2011. 

(3) For service information identified in 

this 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. 

(4) You may review copies of the 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. 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 


erowe on DSK2VPTVN1PROD with RULES
37786 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 

Issued in Renton, Washington, on June 7, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–14547 Filed 6–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0298; Directorate 

Identifier 2011–NM–072–AD; Amendment 

39–17096; AD 2012–12–16] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model DHC–8–400 

series airplanes. This AD was prompted 

by reports of cracking of certain fuel 

access panels of the outer wing. This AD 

requires an external inspection, and if 

necessary an internal inspection, to 

determine if certain fuel access panels 

are installed, and replacement if 

necessary; optional repetitive 

inspections for cracking of the fuel 

access panels, and replacement if 

necessary, would defer the internal 

inspection; and eventual replacement of 

affected fuel access panels with new 

panels. We are issuing this AD to 

prevent cracking of fuel access panels, 

which could result in arcing and 

ignition of fuel vapor in the outer wing 

fuel tank during a lightning strike. 

DATES: This AD becomes effective July 

30, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 30, 2012. 

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: Aziz 

Ahmed, Aerospace Engineer, Airframe 

and Mechanical Systems Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 40, Westbury, New York 

11590; telephone (516) 228–7329; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 27, 2012 (77 FR 

18135). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

[Canadian] Airworthiness Directive (AD) 

CF–2005–37 was issued on 11 October 2005 

to address cracking of the outer wing fuel 

access panel, Part Number (P/N) 85714230– 

001. Similar cracking on an outer wing fuel 

access panel, P/N 85714231–001, has been 

reported. Further investigation revealed that 

certain fuel access panels may have seal 

grooves manufactured with non-conforming 

fillet radii which could lead to cracking. 

Cracking of the fuel access panel, if not 

corrected, could result in arcing and ignition 

of fuel vapor in the outer wing fuel tank 

during a lightning strike. 

This [TCCA] directive mandates the 

inspection and replacement of the affected 

fuel access panels. 

Required actions include an external 

detailed inspection of the outer wing 

access panels for rivets of the 

identification plate, and an internal 

inspection of panels without rivets to 

determine if the identification plate is 

installed, and replacing the fuel access 

panel if necessary. As an option, this 

AD allows repetitive external detailed 

inspections for cracking of the fuel 

access panels and, replacing if 

necessary, until the internal inspection 

is done. This AD also requires 

eventually replacing the affected fuel 

access panels with new fuel access 

panels. 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 NPRM (77 

FR 18135, March 27, 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. 

Costs of Compliance 

We estimate that this AD will affect 

74 products of U.S. registry. We also 

estimate that it will take about 36 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $33,632 

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 

this AD to the U.S. operators to be 

$2,715,208, or $36,692 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 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:// 


erowe on DSK2VPTVN1PROD with RULES