[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33332-33334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13671]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / 
Proposed Rules  

[[Page 33332]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0589; Directorate Identifier 2011-NM-189-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede two existing airworthiness directives 
(AD) that apply to certain Fokker Services B.V. Model F.28 Mark 0100 
airplanes. The first existing AD currently requires removing the 
actuator from the fuel-balance transfer-valve (FBTV) and installing a 
locking device on the FBTV. The second existing AD currently requires 
inspecting to verify that the position indicator of the FBTV is in the 
closed position and deactivating the fuel-balance transfer-system. 
Since we issued those ADs, we have received reports that the FBTV was 
inadvertently reactivated after required de-activation measures were 
undone. This proposed AD would require installing an FBTV locking 
device. We are proposing this AD to prevent fuel starvation and 
consequently a double-engine flameout, possibly resulting in a forced 
landing, damage to the airplane, and injury to occupants.

DATES: We must receive comments on this proposed AD by July 23, 2012.

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 W12-140, 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; email [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, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (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-2012-0589; 
Directorate Identifier 2011-NM-189-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

    On June 23, 1994, we issued AD 94-14-05, Amendment 39-8957 (59 FR 
35237, July 11, 1994), and on March 21, 1996, we issued AD 96-07-06, 
Amendment 39-9555 (61 FR 14014, March 29, 1996). Those ADs required 
actions intended to address an unsafe condition on Model F.28 Mark 0100 
airplanes.
    Since we issued AD 94-14-05, Amendment 39-8957 (59 FR 35237, July 
11, 1994), and AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 
1996): The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2011-0158, dated August 26, 2011 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Some Fokker F28 Mark 0100 (Fokker 100) aeroplanes were delivered 
from the production line with a Fuel-Balance Transfer-System (FBTS) 
installed. Other Fokker 100 aeroplanes were delivered with only FBTS 
provisions and for some of those, an option existed for in-service 
activation of the FBTS, through Fokker Service Bulletin (SB) SBF100-
28-021.
    The FBTS was designed to be used during maintenance activities 
to move the Centre of Gravity (CG) forward by transferring fuel from 
the main tanks to the centre tank through the crossfeed system and a 
Fuel-Balance Transfer-Valve (FBTV).
    In 1993, a dormant failure mode was discovered, which could lead 
to fuel starvation and consequently to a double engine flame-out, 
possibly resulting in a forced landing, damage to the aeroplane and 
injury to occupants. To address and correct this unsafe condition, 
CAA-NL [Civil Aviation Authority--Netherlands] issued AD BLA 93-160, 
which required modification of the FBTV (Fokker SBF100-28-029) 
[which corresponds to FAA AD 94-14-05, Amendment 39-8957 (59 FR 
35237, July 11, 1994)], and later BLA 94-146, which required 
deactivation of the FBTS (Fokker SBF100-28-030) [which corresponds 
to FAA AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 
1996)].
    Recently, one operator reported that on two aeroplanes, the FBTS 
had inadvertently been reactivated. SBF100-28-030 had been

[[Page 33333]]

accomplished on both aeroplanes but apparently, (some of) the de-
activation measures introduced with that SB were later made undone. 
Subsequent investigation also showed that Fokker SBF100-28-021, 
containing instructions for activating the FBTS, had inadvertently 
been left active when SBF100-28-029 and SBF100-28-030 were 
published. To address this safety concern, Fokker Services have 
issued SBF100-28-066, which introduces a task to deactivate the FBTS 
to a greater extent than previously required. At the same time, 
SBF100-28-021 has been cancelled by its Revision 1.
    For the reasons described above, this [EASA] AD retains the 
requirements of CAA-NL [airworthiness directives] BLA 93-160 and BLA 
94-146, which are superseded, and requires the accomplishment of 
additional measures to deactivate the FBTS [modify the airplane by 
installing an FBTV locking device], in accordance with the 
instructions of Fokker Services SBF100-28-066.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-28-
066, dated June 30, 2011, which includes the following attachments (* 
the issue date is not specified on the drawing):
     Fokker Manual Change Notification--Maintenance 
Documentation MCNM-F100-145, dated June 30, 2011.
     Fokker Manual Change Notification--Operational 
Documentation MCNO-F100-059, dated June 30, 2011.
     Fokker Drawing W41190, Sheet 013, Issue P.*
     Fokker Drawing W41190, Sheet 014, Issue P.*
     Fokker Drawing W41190, Sheet 016, Issue P.*
    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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 2 products of U.S. registry.
    The actions that are required by AD 94-14-05, Amendment 39-8957 (59 
FR 35237, July 11, 1994), and retained in this proposed AD take about 1 
work-hour per product, at an average labor rate of $85 per work hour. 
Required parts cost about $250 per product. Based on these figures, the 
estimated cost of the currently required actions is $335 per product.
    The actions required by AD 96-07-06, Amendment 39-9555 (61 FR 
14014, March 29, 1996), and retained in this proposed AD take about 1 
work-hour per product, at an average labor rate of $85 per work hour. 
Required parts cost about $0 per product. Based on these figures, the 
estimated cost of the currently required actions is $85 per product.
    We estimate that it would take about 5 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $650 
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 the proposed AD 
on U.S. operators to be $2,150, or $1,075 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 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);
    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 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 removing airworthiness directive 
(AD) 94-14-05, Amendment 39-8957 (59 FR 35237, July 11, 1994); and AD 
96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 1996); and adding 
the following new AD:

Fokker Services B.V.: Docket No. FAA-2012-0589; Directorate 
Identifier 2011-NM-189-AD.

(a) Comments Due Date

    We must receive comments by July 23, 2012.

(b) Affected ADs

    This AD supersedes AD 94-14-05, Amendment 39-8957 (59 FR 35237, 
July 11, 1994); and AD 96-07-06, Amendment 39-9555 (61 FR 14014, 
March 29, 1996).

[[Page 33334]]

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0100 
airplanes; certificated in any category; serial numbers 11257, 
11258, 11261, 11262, 11264, 11265, 11266, 11284, 11285, 11287, 
11288, 11290, 11292, 11294, 11296, 11298, 11299, 11301, 11302, 
11304, 11305, 11307, 11309, 11311, 11315, 11317, 11319, 11320, 
11322, 11336, 11339, 11341 through 11344 inclusive, 11347, 11348, 
11350, 11351, 11362, 11363, 11364, 11371, 11374, 11375, 11382, 
11383, 11384, 11389, 11390, 11394, 11400, 11401, 11409, 11410, 11420 
through 11424 inclusive, 11429, 11430, 11431, 11433, 11441 through 
11456 inclusive, 11461, 11462, 11463, 11470 through 11475 inclusive, 
11477, 11484, 11485, 11486, 11488, 11489, 11496, 11497, 11500, 
11503, 11505, 11511, 11512, 11516, 11517, 11518, and 11527.

(d) Subject

    Air Transport Association (ATA) of America Code 28: Fuel.

(e) Reason

    This AD was prompted by reports that the fuel-balance transfer-
valve (FBTV) was inadvertently reactivated after required de-
activation measures were undone. We are issuing this AD to prevent 
fuel starvation and consequently a double-engine flameout, possibly 
resulting in a forced landing, damage to the airplane, and injury to 
occupants.

(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) Retained Installation of a Locking Device for the FBTV

    This paragraph restates the requirements of paragraph (a) of AD 
94-14-05, Amendment 39-8957 (59 FR 35237, July 11, 1994). For 
airplanes having serial numbers 11443, 11446 through 11449 
inclusive, and 11456: Within 30 days after August 10, 1994 (the 
effective date of AD 94-14-05), remove the actuator from the fuel-
balance transfer-valve, part number (P/N) 7933141J and install a 
locking device on the fuel-balance transfer-valve, in accordance 
with the Accomplishment Instructions of Fokker Service Bulletin 
SBF100-28-029, Revision 1, dated November 30, 1993.

(h) Retained Inspection and Deactivation

    (1) This paragraph restates the requirements of paragraphs (a) 
and (b) of AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 
1996). For airplanes identified in Fokker Service Bulletin SBF100-
28-030, Revision 1, dated December 5, 1994: After April 29, 1996 
(the effective date of AD 96-07-06), 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 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 (h)(2) of this AD is 
accomplished.
    (i) If the position indicator is in the closed position, no 
further action is required by this paragraph.
    (ii) If the position indicator is in the open position, close 
the FBTV, in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-28-030, Revision 1, dated December 5, 
1994.
    (2) Within 90 days after April 29, 1996 (the effective date of 
AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 1996)), 
deactivate the FBTS in accordance with either Part 2 or Part 3, as 
applicable, of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-28-030, Revision 1, dated December 5, 1994. 
Accomplishment of the deactivation constitutes terminating action 
for the repetitive inspection requirements of paragraph (h)(1) of 
this AD.

(i) New Requirements of This AD

    Within 12 months after the effective date of this AD, modify the 
airplane by installing an FBTV locking device, in accordance with 
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-066, dated June 30, 2011, which includes the attachments 
identified in paragraphs (i)(1) through (i)(5) of this AD (* the 
issue date is not specified on the drawing.)
    (1) Fokker Manual Change Notification--Maintenance Documentation 
MCNM-F100-145, dated June 30, 2011.
    (2) Fokker Manual Change Notification--Operational Documentation 
MCNO-F100-059, dated June 30, 2011.
    (3) Fokker Drawing W41190, Sheet 013, Issue P.*
    (4) Fokker Drawing W41190, Sheet 014, Issue P.*
    (5) Fokker Drawing W41190, Sheet 016, Issue P.*

(j) Prohibited Modification

    As of the effective date of this AD, no person may modify any 
airplane using the Accomplishment Instructions of Fokker Services 
Bulletin SBF100-28-021, dated September 6, 1991. That service 
bulletin was cancelled by Fokker Service Bulletin SBF100-28-021, 
Revision 1, dated June 30, 2011.

(k) 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: [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.

(l) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0158, dated 
August 26, 2011, and the service information specified in paragraphs 
(l)(1), (l)(2), and (l)(3) for related information.
    (1) Fokker Service Bulletin SBF100-28-029, Revision 1, dated 
November 30, 1993.
    (2) Fokker Service Bulletin SBF100-28-030, Revision 1, dated 
December 5, 1994.
    (3) Fokker Service Bulletin SBF100-28-066, dated June 30, 2011, 
which includes the attachments identified in paragraphs (l)(3)(i) 
through (l)(3)(v) of this AD (* the issue date is not specified on 
the drawing.)
    (i) Fokker Manual Change Notification--Maintenance Documentation 
MCNM-F100-145, dated June 30, 2011.
    (ii) Fokker Manual Change Notification--Operational 
Documentation MCNO-F100-059, dated June 30, 2011.
    (iii) Fokker Drawing W41190, Sheet 013, Issue P.*
    (iv) Fokker Drawing W41190, Sheet 014, Issue P.*
    (v) Fokker Drawing W41190, Sheet 016, Issue P.*

    Issued in Renton, Washington, on May 24, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13671 Filed 6-5-12; 8:45 am]
BILLING CODE 4910-13-P