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[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Rules and Regulations]
[Pages 29861-29863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11954]

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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; 
Amendment 39-17054; AD 2012-10-05]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. 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 all 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. 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 AD 
requires 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.

DATES: This AD becomes effective June 25, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 25, 
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 February 14, 2012 
(77 FR 8181). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 8181, February 14, 
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

[[Page 29862]]

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 8181, February 14, 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 8181, February 14, 2012).

Costs of Compliance

    We estimate that this AD will affect about 4 products of U.S. 
registry. We also estimate that it will take about 1 work-hour 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 $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 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://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 8181, February 14, 
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

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:

2012-10-05 Fokker Services B.V.: Amendment 39-17054. Docket No. FAA-
2012-0141; Directorate Identifier 2011-NM-092-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 25, 
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.'' 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-F100-057, dated 
December 17, 2010, into the Abnormal Procedures--Hydraulics section 
of the AFM.

    Note 1 to paragraph (g) of this AD: The actions required by 
paragraph (g) of this AD may be done by inserting a copy of Fokker 
MCNO MCNO-F100-057, dated December 17, 2010, into the Abnormal 
Procedures--Hydraulics section of the Fokker F.28 AFM. When Fokker 
MCNO 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 Fokker MCNO 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: 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

[[Page 29863]]

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 Fokker 
MCNO MCNO-F100-057, dated December 17, 2010; for related 
information.

(j) 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 Manual Change Notification--Operational Documentation 
MCNO-F100-057, dated December 17, 2010.
    (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.

    Issued in Renton, Washington, on May 9, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-11954 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P
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