[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Proposed Rules]
[Pages 48473-48476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19888]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0143; Directorate Identifier 2011-NM-077-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 
airplanes. That NPRM proposed to supersede an existing AD that requires 
revising the airworthiness limitations section (ALS) of the 
instructions for continued airworthiness for certain airplanes, and the 
FAA-approved maintenance program for certain other airplanes, to 
incorporate new limitations. That NPRM was prompted by Fokker Services 
B.V. issuing a Fokker 70/100 maintenance review board (MRB) document 
with revised limitations, tasks, thresholds, and intervals. This action 
revises that NPRM by revising the maintenance program to incorporate 
the limitations, tasks, thresholds, and intervals specified in certain 
revised Fokker MRB documents. We are proposing this AD to reduce the 
potential of structural failures or 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. Since 
these actions impose an additional burden over that proposed in the 
NPRM, we are reopening the comment period to allow the public the 
chance to comment on these proposed changes.

DATES: We must receive comments on this proposed AD by September 28, 
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 1357, 2130 EL 
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; 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, 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-2012-0143; 
Directorate Identifier 2011-NM-077-AD'' at the beginning of

[[Page 48474]]

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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
February 21, 2012 (77 FR 9871). That earlier NPRM proposed to supersede 
AD 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), to 
require actions intended to address the unsafe condition for the 
products listed above.
    Since that NPRM (77 FR 9871, February 21, 2012) was issued, Fokker 
Services B.V. has issued certain revised MRB documents with revised 
limitations, tasks, thresholds, and intervals. This supplemental NPRM 
would revise the maintenance program to incorporate the limitations, 
tasks, thresholds, and intervals specified in those Fokker MRB 
documents. Additionally, The European Aviation Safety Agency (EASA), 
which is the Technical Agent for the Member States of the European 
Community, has issued EASA Airworthiness Directive 2012-0049, dated 
March 27, 2012 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    Fokker Services published issue 3 of report SE-672 dated 3 
January 2012 and issue 9 of report SE-473 dated 11 January 2012, 
both part of the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness, referred to in Section 06, 
Appendix 1, of the Fokker 70/100 Maintenance Review Board (MRB) 
document. The complete ALS currently consists of:

--Certification Maintenance Requirements (CMRs)--report SE-473, 
issue 9
--Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs)--
report SE-623, issue 8
--Fuel ALIs and Critical Design Configuration Control Limitations 
(CDCCLs)--report SE-672, issue 3

    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2011-0157, which is superseded, and requires 
the implementation of the inspections and limitations as specified 
in the ALS of the Instructions for Continued Airworthiness, referred 
to in Section 06, Appendix 1 of the Fokker 70/100 MRB document, 
reports SE-473, SE-623 and SE-672 at the above-mentioned issues.

    We have determined that the actions identified in this supplemental 
NPRM are necessary to reduce the potential of structural failures or 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. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Fokker has issued the following documents:
     Fokker Report SE-473, ``Fokker 70/100 Certification 
Maintenance Requirements,'' Issue 9, released January 11, 2012.
     Fokker Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' Issue 8, released March 17, 
2011.
     Fokker Report SE-672, ``Fokker 70/100 Fuel Airworthiness 
Limitation Items (ALI) and Critical Design Configuration Control 
Limitations (CDCCL),'' Issue 3, released January 4, 2012.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to comment on the earlier NPRM 
(77 FR 9871, February 21, 2012). We received no comments on that NPRM 
or on the determination of the cost to the public.

Explanation of Changes Made to This Supplemental NPRM

    We have revised certain headings throughout this supplemental NPRM. 
We have also re-identified Note 1 of the earlier NPRM (77 FR 9871, 
February 21, 2012) to paragraph (c)(2) of this supplemental NPRM, and 
changed Note 2 of the earlier NPRM to paragraph (h)(2) of this 
supplemental NPRM. These changes do not affect the intent of those 
paragraphs.

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.
    Certain changes described above expand the scope of the earlier 
NPRM (77 FR 9871, February 21, 2012). As a result, we have determined 
that it is necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 13 products of U.S. registry.
    The actions that are required by AD 2004-15-08, Amendment 39-13742 
(69 FR 44586, July 27, 2004), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. The actions that are required by AD 2008-06-20, Amendment 39-
15432 (73 FR 14661, March 19, 2008), and retained in this proposed AD 
take about 1 work-hour per product, at an average labor rate of $85 per 
work hour. Based on these figures, the estimated cost of the currently 
required actions is $170 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new 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 $1,105, or $85 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.

[[Page 48475]]

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) 2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), and 
adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2012-0143; Directorate 
Identifier 2011-NM-077-AD.

(a) Comments Due Date

    We must receive comments by September 28, 2012.

(b) Affected ADs

    This AD supersedes AD 2004-15-08, Amendment 39-13742 (69 FR 
44586, July 27, 2004). This AD also affects AD 2008-06-20, Amendment 
39-15432 (73 FR 14661, March 19, 2008).

(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 (n) 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 revised Fokker 70/100 maintenance 
review board (MRB) document with revised limitations, tasks, 
thresholds, and intervals. We are issuing this AD to reduce the 
potential of structural failures or 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.

(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 Airworthiness Limitations Revision

    This paragraph restates the requirements of paragraph (c) of AD 
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004). Within 
6 months after August 31, 2004 (the effective date of AD 2004-15-
08), revise the Airworthiness Limitations section (ALS) of the 
Instructions for Continued Airworthiness by incorporating Fokker 
Services B.V. Report SE-623, ''Fokker 70/100 Airworthiness 
Limitations Items and Safe Life Items,'' Issue 2, dated September 1, 
2001; and Fokker Services B.V. Report SE-473, ''Fokker 70/100 
Certification Maintenance Requirements,'' Issue 5, dated July 16, 
2001; into Section 6 of the Fokker 70/100 MRB document. (These 
reports are already incorporated into Fokker 70/100 MRB document, 
Revision 10, dated October 1, 2001.) Once the actions required by 
this paragraph have been accomplished, the original issue of Fokker 
Services B.V. Report SE-623, ''Fokker 70/100 Airworthiness 
Limitations Items and Safe Life Items,'' dated June 1, 2000, may be 
removed from the ALS of the Instructions for Continued 
Airworthiness. Doing the actions specified in paragraph (i) of this 
AD terminates the requirements of paragraph (g) of this AD.

(h) Retained Requirement for No Alternative Inspections or Intervals

    This paragraph restates the requirements of paragraph (e) of AD 
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004).
    (1) After the actions required by paragraph (g) of this AD have 
been accomplished, no alternative inspections or inspection 
intervals may be approved for the structural elements specified in 
the documents identified in paragraph (g) of this AD, except as 
required by paragraph (k) of this AD.
    (2) Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS 
for certain airplanes, and the maintenance program for certain other 
airplanes, as required by paragraph (i) of this AD, do not need to 
be reworked in accordance with the CDCCLs. However, once the ALS for 
certain airplanes, and the maintenance program for certain other 
airplanes, has been revised, future maintenance actions on these 
components must be done in accordance with the CDCCLs.

(i) New Maintenance Program Revision

    Within 3 months after the effective date of this AD, revise the 
maintenance program to incorporate the airworthiness limitations 
specified in the Fokker MRB documents identified in paragraphs 
(i)(3), (i)(4), and (i)(5) of this AD. For all tasks and retirement 
lives identified in the Fokker MRB documents identified in 
paragraphs (i)(3), (i)(4), and (i)(5) of this AD, the initial 
compliance times start from the later of the times specified in 
paragraphs (i)(1) and (i)(2) of this AD, and the repetitive 
inspections must be accomplished thereafter at the applicable 
interval specified in the Fokker MRB documents identified in 
paragraphs (i)(3), (i)(4), and (i)(5) of this AD.
    (1) Within 3 months after the effective date of this AD.
    (2) At the time specified in the documents identified in 
paragraphs (i)(3), (i)(4), and (i)(5) of this AD.
    (3) Fokker Report SE-473, ``Fokker 70/100 Certification 
Maintenance Requirements,'' Issue 9, released January 11, 2012.
    (4) Fokker Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' Issue 8, released March 17, 
2011.
    (5) Fokker Report SE-672, ``Fokker 70/100 Fuel Airworthiness 
Limitation Items (ALI) and Critical Design Configuration Control 
Limitations (CDCCL),'' Issue 3, released January 4, 2012.

(j) New Corrective Actions

    If any discrepancy (as defined in the documents specified in 
paragraphs (i)(3), (i)(4), and (i)(5) of this AD) is found during 
accomplishment of any task specified in the documents specified in 
paragraphs (i)(3), (i)(4), and (i)(5) of this AD: Within the 
applicable compliance time specified in the applicable documents 
specified in paragraphs (i)(3), (i)(4), and (i)(5) of this AD, 
accomplish the corrective actions in accordance with the approved 
maintenance documentation. If no compliance time is

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identified in the applicable documents specified in paragraphs 
(i)(3), (i)(4), and (i)(5) of this AD, accomplish the applicable 
corrective actions before further flight. If any discrepancy is 
found and there is no corrective action specified in the applicable 
documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this 
AD: Before further flight contact the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA, or the European 
Aviation Safety Agency (EASA) (or its delegated agent), for approved 
corrective actions, and accomplish those actions before further 
flight.

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

    After accomplishing the revision required by paragraph (i) 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 (n)(1) of this AD.

(l) Terminating Action

    Accomplishing the actions specified in paragraph (i) of this AD 
terminates the requirements of paragraph (g) of this AD.

(m) Method of Compliance With AD 2008-06-20, Amendment 39-15432 (73 FR 
14661, March 19, 2008)

    Accomplishing the actions specified in paragraph (i) of this AD 
terminates the requirements of paragraphs (f)(1) through (f)(5) of 
AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008).

(n) 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.

(o) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2012-0049, dated 
March 27, 2012, and the service information specified in paragraphs 
(o)(1)(i), (o)(1)(ii), and (o)(1)(iii)2q of this AD, for related 
information.
    (i) Fokker Report SE-473, ``Fokker 70/100 Certification 
Maintenance Requirements,'' Issue 9, released January 11, 2012.
    (ii) Fokker Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' Issue 8, released March 17, 
2011.
    (iii) Fokker Report SE-672, ``Fokker 70/100 Fuel Airworthiness 
Limitation Items (ALI) and Critical Design Configuration Control 
Limitations (CDCCL),'' Issue 3, released January 4, 2012.
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; 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.

    Issued in Renton, Washington, on August 3, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19888 Filed 8-13-12; 8:45 am]
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