[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37784-37786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14547]



[[Page 37784]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0300; Directorate Identifier 2011-NM-276-AD; 
Amendment 39-17086; AD 2012-12-06]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. 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 all 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD 
was prompted by a design review which revealed the absence of 
electrical insulation material between a wing or integral center wing 
tank (ICWT) fuel quantity indication system (FQIS) probe and the bottom 
of the tank structure. This AD requires for all airplanes, applying 
sealant below the FQIS probes in the wing tanks; and for certain 
airplanes, applying sealant below the FQIS probes in the ICWT. This AD 
also requires revising the aircraft maintenance program by revising the 
fuel airworthiness limitations and incorporating critical design 
configuration control limitations (CDCCLs). We are issuing this AD to 
prevent an ignition source in the tank vapor space, which could result 
in a fuel tank explosion and consequent loss of the airplane.

DATES: This AD becomes effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 30, 
2012.

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 March 27, 2012 (77 
FR 18141). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he FAA published Special Federal Aviation Regulation (SFAR) 
88, and the Joint Aviation Authorities (JAA) published Interim 
Policy INT/POL/25/12. The design review conducted by Fokker Services 
on the Fokker 70 and Fokker 100 in response to these regulations 
revealed that the absence of electrical insulation material between 
a wing or Integral Center Wing Tank (ICWT) Fuel Quantity Indication 
System (FQIS) probe and the bottom of the tank structure could, 
under certain conditions, result in an ignition source in the tank 
vapour space.
    This condition, if not corrected, could result in a fuel tank 
explosion and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires the 
application of sealant below the FQIS probes in the wing tanks and 
below the FQIS probes in the ICWT, as applicable to aeroplane 
configuration. * * *

The corrective actions also include revising the aircraft maintenance 
program by revising the fuel airworthiness limitations and 
incorporating 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 (77 FR 18141, March 27, 
2012) 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 except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 18141, March 27, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 18141, March 27, 2012).

Costs of Compliance

    We estimate that this AD will affect 4 products of U.S. registry. 
We also estimate that it will take about 8 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 $0 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 $2,720, or $680 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 that 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);
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://

[[Page 37785]]

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 (77 FR 18141, March 27, 
2012), 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:

2012-12-06 Fokker Services B.V.: Amendment 39-17086. Docket No. FAA-
2012-0300; Directorate Identifier 2011-NM-276-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 30, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Fokker Services B.V. Model F.28 Mark 0070 
and 0100 airplanes, certificated in any category, all serial 
numbers.
    (2) 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 according 
to paragraph (j)(1) 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.

(d) Subject

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

(e) Reason

    This AD was prompted by a design review which revealed the 
absence of electrical insulation material between a wing or integral 
center wing tank (ICWT) fuel quantity indication system (FQIS) probe 
and the bottom of the tank structure. We are issuing this AD to 
prevent an ignition source in the tank vapor space, which could 
result in a fuel tank explosion and consequent loss of the airplane.

(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) Sealant Application

    Do the actions specified in paragraphs (g)(1) and (g)(2) of this 
AD, as applicable.
    (1) For all airplanes: At a scheduled opening of the fuel tanks, 
but not later than 84 months after the effective date of this AD, 
apply sealant below the probes in the wing tanks, in accordance with 
Part 1 of the Accomplishment Instructions of Fokker Service Bulletin 
SBF100-28-067, dated September 2, 2011, including Fokker Manual 
Change Notification--Maintenance Documentation MCNM-F100-144, dated 
September 2, 2011.
    (2) For airplanes having serial numbers 11442 through 11585 
inclusive, and equipped with an ICWT: At a scheduled opening of the 
fuel tanks, but not later than 84 months after the effective date of 
this AD, apply sealant below the probes in the ICWT, in accordance 
with Part 2 of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-28-067, dated September 2, 2011, including Fokker 
Manual Change Notification--Maintenance Documentation MCNM-F100-144, 
dated September 2, 2011.

(h) Maintenance Program Revision

    Before further flight after doing any action required by 
paragraph (g) of this AD, revise the aircraft maintenance program by 
incorporating the fuel airworthiness limitation and the CDCCL 
specified in paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF100-
28-067, dated September 2, 2011, including Fokker Manual Change 
Notification--Maintenance Documentation MCNM-F100-144, dated 
September 2, 2011.

(i) No Alternative Actions, Intervals, and/or CDCCLs

    After accomplishing the revision required by paragraph (h) of 
this AD, no alternative actions (e.g., inspections), intervals, or 
CDCCLs may be used unless the actions, intervals, or CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0227, dated December 6, 2011; and Fokker Service 
Bulletin SBF100-28-067, dated September 2, 2011, including Fokker 
Manual Change Notification--Maintenance Documentation MCNM-F100-144, 
dated September 2, 2011; for related information.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Fokker Service Bulletin SBF100-28-067, dated September 2, 
2011, including Fokker Manual Change Notification--Maintenance 
Documentation MCNM-F100-144, dated September 2, 2011.
    (3) 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; email 
[email protected]; Internet http://www.myfokkerfleet.com.
    (4) 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.
    (5) 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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 37786]]


    Issued in Renton, Washington, on June 7, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14547 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-13-P