[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Proposed Rules]
[Pages 8181-8183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3387]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0141; Directorate Identifier 2011-NM-092-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 an in-flight failure of the hydraulic 
control panel, which resulted in the absence of pressure and quantity 
indication of the hydraulic system and accompanying alerts for 
``hydraulic system 1 low quantity'' and ``hydraulic system 2 low 
quantity.'' This proposed AD would require implementing new abnormal 
procedures for hydraulics in the airplane flight manual (AFM). We are 
proposing this AD to prevent loss of control of the airplane due to 
incorrect hydraulic system failure information being provided to the 
flightcrew, followed by application of inappropriate procedures.

DATES: We must receive comments on this proposed AD by March 30, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#196d7c7a7177707a78756a7c6b6f707a7c6a377f7672727c6b6a7c6b6f707a7c6a596a6d766b72377a7674"><span class="__cf_email__" data-cfemail="9eeafbfdf6f0f7fdfff2edfbece8f7fdfbedb0f8f1f5f5fbecedfbece8f7fdfbeddeedeaf1ecf5b0fdf1f3">[email protected]</span></a>; 
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, 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-2012-0141; 
Directorate Identifier 2011-NM-092-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.

[[Page 8182]]

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 2011-0051, dated March 22, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An in-flight failure of the hydraulic control panel resulted in 
the absence of pressure and quantity indication of the hydraulic 
system and accompanying alerts for ``hydraulic system 1 low 
quantity'' and ``hydraulic system 2 low quantity''. The procedures 
prescribed the shut-off of the engine driven hydraulic pumps, 
resulting in complete absence of hydraulic pressure, which made it 
impossible to hydraulically control the flight controls, including 
the stabiliser. The status information contained in the procedures 
for these alerts may give the false impression that the stabiliser 
is still hydraulically controllable on one channel. The flight crew 
regained control by using the alternate electrically powered 
stabiliser control.
    A safety review revealed that a ``hydraulic system 1 and 2 low 
quantity'' alert could give the right information, however this 
alert is not available in the Flight Warning System. To solve this 
problem, Fokker Services improved the Hydraulic 1(2) Low Quantity 
Procedures in the Airplane Flight Manual (AFM).
    For the reasons described above, this [EASA] AD requires the 
implementation of new abnormal procedures for hydraulics in the AFM.

The unsafe condition is possible loss of control of the airplane due to 
incorrect hydraulic system failure information being provided to the 
flightcrew, followed by application of inappropriate procedures. You 
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Fokker Services B.V. has issued Manual Change Notification--
Operational Documentation MCNO F100-057, dated December 17, 2010. 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 4 products 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 the proposed 
AD on U.S. operators to be $340, 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.

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); and
    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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2012-0141; Directorate 
Identifier 2011-NM-092-AD.

(a) Comments Due Date

    We must receive comments by March 30, 2012.

(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 29: Hydraulic 
power.

(e) Reason

    This AD was prompted by an in-flight failure of the hydraulic 
control panel, which resulted in the absence of pressure and 
quantity indication of the hydraulic system and accompanying alerts 
for ``hydraulic system 1 low quantity'' and ``hydraulic system 2 low 
quantity.'' This proposed AD would require implementing new abnormal 
procedures for hydraulics in the airplane flight manual (AFM). We 
are issuing this AD to prevent loss of control of the airplane due 
to incorrect hydraulic system failure information being provided to 
the flightcrew, followed by application of inappropriate procedures.

(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) Airplane Flight Manual (AFM) Revision

    Within 3 months after the effective date of this AD, revise the 
Abnormal Procedures--Hydraulics section of the Fokker F.28 AFM by 
incorporating the information specified in Fokker Manual Change 
Notification--Operational Documentation (MCNO) MCNO-

[[Page 8183]]

F100-057, dated December 17, 2010, into the Abnormal Procedures--
Hydraulics section of the AFM.

    Note 1 to paragraph (g): The actions required by paragraph (g) 
of this AD may be done by inserting a copy of MCNO Fokker MCNO-F100-
057, dated December 17, 2010, into the Abnormal Procedures--
Hydraulics section of the Fokker F.28 AFM. When MCNO Fokker MCNO-
F100-057, dated December 17, 2010, has been included in the general 
revisions of the AFM, the general revisions may be inserted in the 
AFM, provided the relevant information in the general revision is 
identical to that in MCNO Fokker MCNO-F100-057, dated December 17, 
2010, and that MCNO may be removed.

(h) 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: <a href="/cdn-cgi/l/email-protection#c7feea86898aeaf6f6f1ea868a8884ea958296928294939487a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="85bca8c4cbc8a8b4b4b3a8c4c8cac6a8d7c0d4d0c0d6d1d6c5e3e4e4abe2eaf3">[email protected]</span></a>. 
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.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2011-0051, dated March 22, 2011; and MCNO 
Fokker MCNO-F100-057, dated December 17, 2010; for related 
information.

    Issued in Renton, Washington on February 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-3387 Filed 2-13-12; 8:45 am]
BILLING CODE 4910-13-P


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