[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Rules and Regulations]
[Pages 50115-50117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20168]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0472; Directorate Identifier 2011-NM-005-AD; 
Amendment 39-16767; AD 2011-17-03]
RIN 2120-AA64


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

    [T]he Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) has 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, under certain 
failure conditions, a short circuit may develop in the collector 
tank level float switch wiring. Such a short circuit may result in 
an ignition source in the tank vapour space.
    This condition, if not 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 September 16, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
16, 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 May 17, 2011 (76 FR 
28373). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) has 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, under certain

[[Page 50116]]

failure conditions, a short circuit may develop in the collector 
tank level float switch wiring. Such a short circuit may result in 
an ignition source in the tank vapour space.
    This condition, if not corrected, could result in a wing fuel 
tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this [European Aviation Safety 
Agency (EASA)] AD requires the installation of a fuse packed in a 
jiffy junction [i.e., crimped wire in-line junction device] in the 
collector tank level float switch wiring.

The required actions also include revising the aircraft maintenance 
program by incorporating critical design configuration control 
limitations (CDCCLs). 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 4 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $825 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $5,000, or $1,250 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 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:

2011-17-03 Fokker Services B.V.: Amendment 39-16767. Docket No. FAA-
2011-0472; Directorate Identifier 2011-NM-005-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 16, 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 Critical Design Configuration 
Control Limitations (CDCCLs). Compliance with these 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 (j) 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:

    [T]he Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) has 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, under certain 
failure conditions, a short circuit may

[[Page 50117]]

develop in the collector tank level float switch wiring. Such a 
short circuit may result in an ignition source in the tank vapour 
space.
    This condition, if not 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) Within 24 months after the effective date of this AD, 
install fuses packed in jiffy junctions [i.e., crimped wire in-line 
junction device], in accordance with the Accomplishment Instructions 
of Fokker Service Bulletin SBF28-28-049, dated June 23, 2010, 
including Fokker Drawing W57273, Sheet 002, Issue C, dated June 23, 
2010, Fokker Drawing W58048, Sheet 1, dated April 29, 2010, and 
Fokker Manual Change Notification MCNM-F28-035, dated June 23, 2010.

Maintenance Program Revision

    (h) Before further flight after doing the modification required 
in paragraph (g) of this AD: Revise the maintenance program by 
incorporating the CDCCL specified in paragraph 1.L.(1)(c) of Fokker 
Service Bulletin SBF28-28-049, dated June 23, 2010, including Fokker 
Drawing W57273, Sheet 002, Issue C, dated June 23, 2010, Fokker 
Drawing W58048, Sheet 1, dated April 29, 2010, and Fokker Manual 
Change Notification MCNM-F28-035, dated June 23, 2010.

No Alternative Critical Design Configuration Control Limitations 
(CDCCLs)

    (i) After accomplishing the revision required by paragraph (h) 
of this AD, no alternative CDCCLs may be used unless the CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j) 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 2010-0194, dated September 29, 2010, 
specifies both revising the maintenance program to include 
limitations, and maintaining CDCCLs, this AD only requires the 
revision. Requiring a revision of the maintenance program, rather 
than requiring maintaining CDCCLs, requires operators to record AD 
compliance only at the time the revision is made. Maintaining CDCCLs 
specified in the airworthiness limitations must be complied with in 
accordance with 14 CFR 91.403(c).

Other FAA AD Provisions

    (j) 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: [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. 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

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0194, dated 
September 29, 2010; and Fokker Service Bulletin SBF28-28-049, dated 
June 23, 2010, including Fokker Drawing W57273, Sheet 002, Issue C, 
dated June 23, 2010, Fokker Drawing W58048, Sheet 1, dated April 29, 
2010, and Fokker Manual Change Notification MCNM-F28-035, dated June 
23, 2010; for related information.

Material Incorporated by Reference

    (l) You must use Fokker Service Bulletin SBF28-28-049, dated 
June 23, 2010, including Fokker Drawing W57273, Sheet 002, Issue C, 
dated June 23, 2010, Fokker Drawing W58048, Sheet 1, dated April 29, 
2010, and Fokker Manual Change Notification MCNM-F28-035, dated June 
23, 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 
[email protected]; 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 July 29, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-20168 Filed 8-11-11; 8:45 am]
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