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[Federal Register: March 15, 2011 (Volume 76, Number 50)]
[Proposed Rules]               
[Page 13921-13924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr11-11]                         

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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]
RIN 2120-AA64

 
Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 
0070 and 0100 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 the 
products listed above. This proposed 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.
* * * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 29, 2011.

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 W12-40, 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; e-mail 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,

[[Page 13922]]

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-2011-0220; 
Directorate Identifier 2010-NM-259-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

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for the Member States of the European Community, has issued 
EASA Airworthiness Directive 2010-0159, dated August 3, 2010 (referred 
to after this as ``the MCAI''), 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.
    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 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 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. (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 Fokker Service Bulletin SBF100-28-
050, Revision 1, dated July 28, 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.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 6 products of U.S. registry. We also estimate that 
it would take

[[Page 13923]]

about 2 work-hours 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 $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 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 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-2011-0220; Directorate 
Identifier 2010-NM-259-AD.

Comments Due Date

    (a) We must receive comments by April 29, 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

[[Page 13924]]

(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 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.

    Issued in Renton, Washington, on March 7, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-5897 Filed 3-14-11; 8:45 am]
BILLING CODE 4910-13-P
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