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[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Proposed Rules]
[Pages 9871-9874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3906]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0143; Directorate Identifier 2011-NM-077-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 supersede an existing airworthiness directive 
(AD) that applies to all Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes. The existing 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 for fuel tank systems. Since we issued that AD, Fokker 
Services B.V. has revised a Fokker 70/100 maintenance review board 
(MRB) document with revised limitations, tasks, thresholds, and 
intervals. This proposed AD would revise the maintenance program to 
incorporate the limitations, tasks, thresholds, and intervals specified 
in that Fokker MRB document. We are proposing this AD 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.

DATES: We must receive comments on this proposed AD by April 6, 2012.

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 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. 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-2012-0143; 
Directorate Identifier 2011-NM-077-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

    On July 9, 2004, we issued AD 2004-15-08, Amendment 39-13742 (69 FR 
44586, July 27, 2004). This AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2004-15-08, Amendment 39-13742 (69 FR 44586, 
July 27, 2004): The European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
has issued EASA Airworthiness Directive 2011-0157, dated August 25, 
2011 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Fokker Services have published issue 8 of report SE-623 dated 17 
March 2011, which is part of the Airworthiness Limitations Section 
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 Airworthiness Limitations Section 
currently consists of:

--Certification Maintenance Requirements (CMRs)--report SE-473, 
issue 8,
--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 2.

    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2011-0046, which is superseded, and requires 
the implementation of the inspections and limitations as specified 
in the Airworthiness Limitation Section 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.

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

[[Page 9872]]

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 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 co-operate 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 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 the following documents:
     Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 8, dated September 1, 
2009.
     Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Limits,'' Issue 8, dated 
December 20, 2010.
     Fokker Services B.V. Report SE-672, ``Fokker 70/100 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design Configuration 
Control Limitations (CDCCL),'' Issue 2, dated December 1, 2006.
    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.
    The actions that are required by AD 2004-15-08, Amendment 39-13742 
(69 FR 44586, July 27, 2004) and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Required parts cost about $0 per product. The actions that are 
required by AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 
2008) and retained in this proposed AD take about 1 work-hour per 
product, at an average labor rate of $85 per work hour. Required parts 
cost about $0 per product. 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 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 $1,020, or $255 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,

[[Page 9873]]

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 removing Amendment 39-13742 (69 FR 
44586, July 27, 2004) and adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2012-0143; Directorate 
Identifier 2011-NM-077-AD.

(a) Comments Due Date

    We must receive comments by April 6, 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

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes; certificated in any category; all serial numbers.

    Note 1: 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 (m) 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 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.

Restatement of Requirements of AD 2004-15-08, Amendment 39-13742 (69 FR 
44586, July 27, 2004)

(g) New Airworthiness Limitations Revision

    Within 6 months after August 31, 2004 (the effective date of AD 
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004)), 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 in 
paragraph (j) of this AD terminates the requirements of paragraph 
(g) of this AD.

(h) No Alternative Inspections or Intervals

    After the actions specified in 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 listed in paragraph (g) of this AD, except as required 
by paragraph (j) of this AD.

    Note 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 FAA-approved maintenance program for 
certain other airplanes, as required by paragraph (i) of this AD, do 
not need to be reworked in accordance with the CDCCLs. However, once 
the ALS for certain airplanes, and the FAA-approved maintenance 
program for certain other airplanes has been revised, future 
maintenance actions on these components must be done in accordance 
with the CDCCLs.

New Requirements of This AD

(i) 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 maintenance review board (MRB) documents 
listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. For all 
tasks and retirement lifes identified in the Fokker MRB documents 
listed 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 interval 
specified in the Fokker MRB documents listed 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 listed in paragraphs 
(i)(3), (i)(4), and (i)(5) of this AD.
    (3) Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 8, dated September 
1, 2009.
    (4) Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Limits,'' Issue 8, 
dated December 20, 2010.
    (5) Fokker Services B.V. Report SE-672, ``Fokker 70/100 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL),'' Issue 2, dated December 
1, 2006.

(j) 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 (m)(1) of this AD.

(k) Terminating Action

    Accomplishing the actions in paragraph (i) of this AD terminates 
the requirements of paragraph (g) of this AD.

(l) Method of Compliance With AD 2008-06-20, Amendment 39-15432 (73 FR 
14661, March 19, 2008)

    Accomplishing the actions in paragraph (i) of this AD, 
terminates the requirements of paragraphs (f)(1), (f)(2), (f)(3), 
(f)(4), and (f)(5) of AD 2008-06-20, Amendment 39-15432 (73 FR 
14661, March 19, 2008).

(m) 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

[[Page 9874]]

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.

(n) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0157, dated 
August 25, 2011, and the service information specified in paragraphs 
(n)(1), (n)(2), and (n)(3) of this AD, for related information.
    (1) Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 8, dated September 
1, 2009.
    (2) Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Limits,'' Issue 8, 
dated December 20, 2010.
    (3) Fokker Services B.V. Report SE-672, ``Fokker 70/100 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL),'' Issue 2, dated December 
1, 2006.

    Issued in Renton, Washington, on February 1, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-3906 Filed 2-17-12; 8:45 am]
BILLING CODE 4910-13-P
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