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[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Rules and Regulations]
[Pages 35340-35342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14340]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0220; Directorate Identifier 2010-NM-259-AD; 
Amendment 39-16721; AD 2011-12-14]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 
0070 and 0100 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:

* * * The Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and 
Fokker 70 type design in response to these regulations, revealed 
that the fuel sense line from the overflow valves may touch the 
adjacent fuel-quantity indication-probe. Under certain conditions, 
this may result in an ignition source in the wing tank vapour space.
    This condition, if not detected and corrected, could result in a 
wing fuel 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 July 22, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 22, 
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 March 15, 2011 (76 
FR 13921). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

* * * The Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and 
Fokker 70 type design in response to these regulations, revealed 
that the fuel sense line from the overflow valves may touch the 
adjacent fuel-quantity indication-probe. Under certain conditions, 
this may result in an ignition source in the wing tank vapour space.
    This condition, if not detected and corrected, could result in a 
wing fuel tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this AD requires a one-time 
[general visual] inspection to check the route and clamping of the 
sense line hose and wiring conduit hose to each wing tank overflow 
valve and, depending on the findings, the necessary corrective 
actions.

Corrective actions include installing two brackets next to the overflow 
valve on the main tank access panel, making a modification to the 
routing of the hose for the sense line, and installing clamps to keep 
the hoses in position. Required actions also include revising the 
maintenance program to include a Critical Design Configuration Control 
Limitation (CDCCL). 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 6 products of U.S. registry. 
We also estimate that it will take about 2 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 $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts costing $800, for a cost of 
$1,140 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

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will

[[Page 35341]]

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 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); and
    3. 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 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:

2011-12-14 Fokker Services B.V.: Amendment 39-16721. Docket No. FAA-
2011-0220; Directorate Identifier 2010-NM-259-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 22, 
2011.

Affected ADs

    (b) None.

 Applicability

    (c) This AD applies to all Fokker Services B.V. Model F.28 Mark 
0070 and 0100 airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) 
and/or 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 (l) 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.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

* * * The Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and 
Fokker 70 type design in response to these regulations, revealed 
that the fuel sense line from the overflow valves may touch the 
adjacent fuel-quantity indication-probe. Under certain conditions, 
this may result in an ignition source in the wing tank vapour space.
    This condition, if not detected and corrected, could result in a 
wing fuel 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.

Actions

    (g) At a scheduled opening of the fuel tank, but not later than 
84 months after the effective date of this AD, do a general visual 
inspection of the routing and clamping of the sense line hose and 
wiring conduit hose to each wing tank overflow valve, in accordance 
with Part 1 of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-28-050, Revision 1, dated July 28, 2010.
    (h) If incorrect routing or clamping of the hoses is found 
during the inspection required by paragraph (g) of this AD, before 
further flight, install two brackets next to the overflow valve on 
the main tank access panel, make a modification to the routing of 
the hose for the sense line, and install clamps to keep the hoses in 
position, in accordance with Part 2 of the Accomplishment 
Instructions of Fokker Service Bulletin SBF100-28-050, Revision 1, 
dated July 28, 2010.

Critical Design Configuration Control Limitations (CDCCL)

    (i) Before further flight after determining that the routing and 
clamping of the sense line hose and wiring conduit hose to each wing 
tank overflow valve are correct, as required by paragraph (g) of 
this AD; or before further flight after doing the modification, as 
required by paragraph (h) of this AD; as applicable: Revise the 
aircraft maintenance program by incorporating the CDCCL in paragraph 
1.L.(1)(c) of Fokker Service Bulletin SBF100-28-050, Revision 1, 
dated July 28, 2010.

No Alternative Inspections, Inspection Intervals, or CDCCLs

    (j) After accomplishing the revision required by paragraph (i) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (l) of this 
AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (k) Actions done before the effective date of this AD in 
accordance with Fokker Service Bulletin SBF100-28-050, dated June 3, 
2010, are acceptable for compliance with the corresponding 
requirements of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Although European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0159, dated August 3, 2010, specifies 
revising the maintenance program to include limitations, doing 
certain repetitive actions (e.g., inspections), and/or maintaining 
CDCCLs, this AD only requires the revision. Requiring a revision of 
the maintenance program, rather than requiring individual repetitive 
actions and/or maintaining CDCCLs, requires operators to record AD 
compliance only at the time the revision is made. Repetitive actions 
and/or maintaining CDCCLs specified in the airworthiness limitations 
must be complied with in accordance with 14 CFR 91.403(c).

Other FAA AD Provisions

    (l) 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

[[Page 35342]]

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

    (m) Refer to MCAI EASA Airworthiness Directive 2010-0159, dated 
August 3, 2010; and Fokker Service Bulletin SBF100-28-050, Revision 
1, dated July 28, 2010; for related information.

Material Incorporated by Reference

    (n) You must use Fokker Service Bulletin SBF100-28-050, Revision 
1, dated July 28, 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 June 2, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-14340 Filed 6-16-11; 8:45 am]
BILLING CODE 4910-13-P
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