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[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Proposed Rules]
[Pages 63470-63472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30076]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-86-AD]

Airworthiness Directives; Fokker Model F28 Mark 0100 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Fokker Model F28 Mark 0100 
series airplanes. This proposal would require inspection(s) to verify 
that the position indicator of the fuel balance transfer valve (FBTV) 
is in the closed position, and closing the FBTV, if necessary; and 
deactivation of the fuel balance transfer system (FBTS). This proposal 
is prompted by a report that, under certain failure conditions, the 
actuator of the FBTV could remain in the open position without a flight 
deck indication. The actions specified by the proposed AD are intended 
to ensure that the FBTV is not in the open position during flight, 
which could lead to the reduction of fuel supply to the engines during 
cross-feed operation and consequent engine fuel starvation.

DATES: Comments must be received by January 22, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-86-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, 
Alexandria, Virginia 22314. This information may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2141; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 

[[Page 63471]]
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-86-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-86-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Rijksluchtvaartdienst (RLD), which is the airworthiness 
authority for the Netherlands, recently notified the FAA that an unsafe 
condition may exist on certain Fokker Model F28 Mark 0100 series 
airplanes. The RLD advises that it has received a report that, under 
certain failure conditions, the actuator of the fuel balance transfer 
valve (FBTV) could remain in the open position after maintenance 
without a flight deck indication. The FBTV is part of the fuel balance 
transfer system (FBTS) that prevents inadvertent and uncontrolled 
transfer of fuel. The FBTS is used during maintenance activities to 
move the center of gravity of the airplane forward, as required, and 
allows fuel to be transferred from the main tanks to the center tanks 
through the cross-feed system. If the FBTV remains in the open position 
during flight, the fuel supply to the engines during cross-feed 
operation may be reduced, which could lead to engine fuel starvation.
    Fokker has issued Service Bulletin SBF100-28-030, Revision 1, dated 
December 5, 1994, which describes procedures for inspection(s) to 
verify that the position indicator of the FBTV is in the closed 
position, and closing the FBTV, if necessary; and deactivation of the 
FBTS. For all airplanes, the deactivation involves disconnecting the 
power supply to the FBTV. In addition, for certain airplanes, the 
deactivation involves removing the FBTV actuator, and installing a 
locking device. The RLD classified this service bulletin as mandatory 
and issued Dutch airworthiness directive BLA 94-146 (A), dated 
September 30, 1994, in order to assure the continued airworthiness of 
these airplanes in the Netherlands.
    This airplane model is manufactured in the Netherlands and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the RLD has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
RLD, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require inspection(s) to 
verify that the position indicator of the FBTV is in the closed 
position, and closing the FBTV, if necessary; and deactivation of the 
FBTS. The actions would be required to be accomplished in accordance 
with the service bulletin described previously.
    The FAA estimates that 4 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $250 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $1,960, 
or $490 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.
    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40101, 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Fokker: Docket 95-NM-86-AD.

    Applicability: Model F28 Mark 0100 series airplanes, as listed 
in Fokker Service Bulletin SBF100-28-030, Revision 1, dated December 
5, 1994; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (c) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an 

[[Page 63472]]
assessment of the effect of the changed configuration on the unsafe 
condition addressed by this AD. In no case does the presence of any 
modification, alteration, or repair remove any airplane from the 
applicability of this AD.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the reduction of fuel supply to the engines during 
cross-feed operation, which could lead to engine fuel starvation, 
accomplish the following:
    (a) After the effective date of this AD, whenever the fuel 
balance transfer system (FBTS) is used during maintenance, prior to 
further flight, perform an inspection to verify that the position 
indicator of the fuel balance transfer valve (FBTV) is in the closed 
position, in accordance with Fokker Service Bulletin SBF100-28-030, 
Revision 1, dated December 5, 1994. The inspection requirements of 
this paragraph must be accomplished until the deactivation required 
by paragraph (b) of this AD is accomplished.
    (1) If the position indicator is in the closed position, no 
further action is required by this paragraph.
    (2) If the position indicator is in the open position, close the 
FBTV in accordance with the service bulletin.
    (b) Within 90 days after the effective date of this AD, 
deactivate the FBTS in accordance with either Part 2 or Part 3 of 
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-030, Revision 1, dated December 5, 1994, as applicable. 
Accomplishment of the deactivation constitutes terminating action 
for the repetitive inspection requirements of paragraph (a) of this 
AD.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on December 5, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-30076 Filed 12-8-95; 8:45 am]
BILLING CODE 4910-13-U
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