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[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18029-18031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7202]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1304; Directorate Identifier 2010-NM-254-AD; 
Amendment 39-16644; AD 2011-07-07]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 
1000, 2000, 3000, and 4000 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

* * * Under certain conditions, an ignition source may develop in 
the wing tank vapour space, due to insufficient clearance between 
the wiring along the Fuel Quantity Tank Units (FQTU's) and the local 
reinforcing structure around the upper skin cut-out.
    This condition, if not corrected, in combination with flammable 
fuel vapours, could result in a wing tank explosion and consequent 
loss of the aeroplane.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective May 6, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 6, 2011.

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 January 5, 2011 (76 
FR 482). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

* * * The FAA has published Special Federal Aviation Regulation 
(SFAR) 88, and the [Joint Aviation Authorities] JAA has published 
Interim Policy INT/POL/25/12. The design review conducted by Fokker 
Services on the Fokker F28 type design in response to these 
regulations revealed that, under certain conditions, an ignition 
source may develop in the wing tank vapour space, due to 
insufficient clearance between the wiring along the Fuel Quantity 
Tank Units (FQTU's) and the local reinforcing structure around the 
upper skin cut-out.
    This condition, if not corrected, in combination with flammable 
fuel vapours, could result in a wing tank explosion and consequent 
loss of the aeroplane.
    For the reasons described above, this AD requires a one-time 
[detailed] inspection to investigate if a clearance of 3 mm (0.12 
inch) or more is available between the FQTU

[[Page 18030]]

probes wiring and the surrounding reinforcement structure of the 
wing upper skin and corrective rework actions, depending on 
findings.

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 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry. 
We also estimate that it will take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $1,020, or $510 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 21 work-hours and require parts costing $0, for a cost of 
$1,785 per product. We have no way of determining the number of 
products that may need these actions.

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

    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 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.

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 NPRM, 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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-07-07 Fokker Services B.V.: Amendment 39-16644. Docket No. FAA-
2010-1304; Directorate Identifier 2010-NM-254-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 6, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.28 Mark 
1000, 2000, 3000, and 4000 airplanes, certificated in any category, 
all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    * * * Under certain conditions, an ignition source may develop 
in the wing tank vapour space, due to insufficient clearance between 
the wiring along the Fuel Quantity Tank Units (FQTU's) and the local 
reinforcing structure around the upper skin cut-out.
    This condition, if not corrected, in combination with flammable 
fuel vapours, could result in a wing tank explosion and consequent 
loss of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Detailed Inspection and Corrective Actions

    (g) At the next scheduled opening of the fuel tanks, but not 
later than 84 months after the effective date of this AD, do a 
detailed inspection for minimum clearance of the gap between the 
FQTU wiring harness and the outer wing FQTU hole reinforcement 
structure, in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF28-57-097, Revision 1, dated June 10, 
2010.
    (h) If during the inspection required by paragraph (g) of this 
AD, the minimum clearance is found to be insufficient, as defined in 
the Accomplishment Instructions of Fokker Service Bulletin SBF28-57-
097, Revision 1, dated June 10, 2010, before further flight, rework 
the surrounding structure to remove the possibility of an ignition 
source, in accordance with the Accomplishment Instructions of Fokker 
Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010.

[[Page 18031]]

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Inspections accomplished before the effective date of this 
AD according to Fokker Service Bulletin SBF28-57-097, dated May 6, 
2010, are considered acceptable for compliance with the requirements 
of paragraph (g) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (j) 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, sent 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 e-mailed 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.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0156, dated August 3, 2010; and Fokker 
Service Bulletin SBF28-57-097, Revision 1, dated June 10, 2010; for 
related information.

Material Incorporated by Reference

    (l) You must use Fokker Service Bulletin SBF28-57-097, Revision 
1, dated June 10, 2010, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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; e-mail 
technicalservices.fokkerservices@stork.com; Internet http://www.myfokkerfleet.com.
    (3) 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.
    (4) 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 NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 15, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-7202 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-13-P
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