[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28376-28379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12016]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0473; Directorate Identifier 2011-NM-019-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 
1000, 2000, 3000, and 4000 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:

    * * * [T]he Federal Aviation Administration (FAA) have 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 F28 type 
design in response to these regulations revealed that, on certain 
aeroplanes, an interrupted shield contact may exist or develop 
between the housing of an in-tank Fuel Quantity Indication (FQI) 
cable plug and the cable shield of the shielded FQI system cables in 
the main and collector fuel tanks which can, under certain 
conditions, form a spark gap.
    This condition, if not detected and corrected, may create an 
ignition source in the tank vapour space, possibly resulting 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 July 1, 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

[[Page 28377]]

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 [email protected]; 
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, Program Manager, 
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-2011-0473; 
Directorate Identifier 2011-NM-019-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 Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0217, dated October 21, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    * * * [T]he Federal Aviation Administration (FAA) have 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 F28 type 
design in response to these regulations revealed that, on certain 
aeroplanes, an interrupted shield contact may exist or develop 
between the housing of an in-tank Fuel Quantity Indication (FQI) 
cable plug and the cable shield of the shielded FQI system cables in 
the main and collector fuel tanks which can, under certain 
conditions, form a spark gap.
    This condition, if not detected and corrected, may create an 
ignition source in the tank vapour space, possibly resulting in a 
wing fuel tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this AD requires, for certain 
aeroplanes, a one-time [general visual] inspection to check for the 
presence of a by-pass wire between the housing of each in-tank FQI 
cable plug and the cable shield and, depending on findings, the 
installation of a by-pass wire. In addition, this AD requires the 
implementation of a Critical Design Configuration Control 
Limitations (CDCCL) task to make certain that the by-pass wire 
remains installed.
    On later production aeroplanes, a different plug has been 
introduced, Souriau Part Number (P/N) 20P227-2. This plug has an 
improved shield connection to the housing of the plug, for which the 
installation of a by-pass wire is not necessary. For aeroplanes with 
the improved plug installed, this AD only requires the 
implementation of a CDCCL task to make certain that this type of 
plug remains installed.

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 Service Bulletin SBF28-28-053, 
Revision 1, dated September 20, 2010. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

[[Page 28378]]

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 2 products of U.S. registry. We also estimate that 
it would take about 6 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 $510 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 7 work-hours and require parts costing $308, for a cost of 
$903 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-2011-0473; Directorate 
Identifier 2011-NM-019-AD.

Comments Due Date

    (a) We must receive comments by July 1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.28 Mark 
1000, 2000, 3000, and 4000 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 (AMOC) according to paragraph (l) of this AD. The request 
should include a description of changes to the required inspections 
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:

    * * * [T]he Federal Aviation Administration (FAA) have 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 F28 type 
design in response to these regulations revealed that, on certain 
aeroplanes, an interrupted shield contact may exist or develop 
between the housing of an in-tank Fuel Quantity Indication (FQI) 
cable plug and the cable shield of the shielded FQI system cables in 
the main and collector fuel tanks which can, under certain 
conditions, form a spark gap.
    This condition, if not detected and corrected, may create an 
ignition source in the tank vapour space, possibly resulting 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.

Inspection and Installation for Model F.28 Airplanes Serial Numbers 
11003 Through 11041 and 11991 Through 11994

    (g) For airplanes having serial numbers 11003 through 11041 
inclusive and 11991 through 11994 inclusive: At a scheduled opening 
of the fuel tanks, but not later than 84 months after the effective 
date of this AD, do a general visual inspection for the presence of 
a by-pass wire between the housing of each in-tank fuel quantity 
indication (FQI) cable plug and the cable

[[Page 28379]]

shield, in accordance with Part 1 of the Accomplishment Instructions 
of Fokker Service Bulletin SBF28-28-053, Revision 1, dated September 
20, 2010.
    (h) If during the general visual inspection required by 
paragraph (g) of this AD, it is found that a by-pass wire is not 
installed, before the next flight: Install the by-pass wire between 
the housing of the in-tank FQI cable plug and the cable shield, in 
accordance with Part 2 of the Accomplishment Instructions of Fokker 
Service Bulletin SBF28-28-053, Revision 1, dated September 20, 2010.

Maintenance Program Revision To Add Fuel Airworthiness Limitation for 
Model F.28 Airplanes Serial Numbers 11003 Through 11041 and 11991 
Through 11994

    (i) For airplanes having serial numbers 11003 through 11041 
inclusive and 11991 through 11994 inclusive: Concurrently with 
paragraph (g) of this AD, revise the airplane maintenance program by 
incorporating CDCCL-1 specified in paragraph 1.L.(1)(c) of Fokker 
Service Bulletin SBF28-28-053 Revision 1, dated September 20, 2010.

Maintenance Program Revision To Add Fuel Airworthiness Limitation for 
Model F.28 Airplanes Serial Numbers 11042 Through 11241

    (j) For airplanes having serial numbers 11042 through 11241 
inclusive: Within 3 months after the effective date of this AD, 
revise the airplane maintenance program by incorporating CDCCL-2 
specified in paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF28-
28-053, Revision 1, dated September 20, 2010.

No Alternative Actions, Intervals, and/or CDCCLs

    (k) After accomplishing the revisions required by paragraphs (i) 
and (j) of this AD, no alternative actions (e.g., inspection, 
interval) and/or CDCCLs may be used unless the actions, intervals, 
and/or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (m) 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 2010-0217, dated October 21, 2010, specifies both revising 
the maintenance program to include airworthiness limitations, and 
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, Program Manager, 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: [email protected]. 
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.
    (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 2010-0217, dated 
October 21, 2010; and Fokker Service Bulletin SBF28-28-053, Revision 
1, dated September 20, 2010; for related information.

    Issued in Renton, Washington, on May 6, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-12016 Filed 5-16-11; 8:45 am]
BILLING CODE 4910-13-P