[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59726-59728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23052]



[[Page 59726]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0589; Directorate Identifier 2011-NM-189-AD; 
Amendment 39-17199; AD 2012-19-04]
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 superseding two existing airworthiness directives (ADs) 
for 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. This new AD 
requires installing an FBTV locking device. This AD was prompted by 
reports that the FBTV was inadvertently reactivated after required de-
activation measures were undone. We are issuing this AD to prevent fuel 
starvation and a consequent double-engine flameout, possibly resulting 
in a forced landing, damage to the airplane, and injury to occupants.

DATES: This AD becomes effective November 5, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 5, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication, listed in this AD as of April 
29, 1996 (61 FR 14014, March 29, 1996).
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication, listed in this AD as of 
August 10, 1994 (59 FR 35237, July 11, 1994).

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, WA 98057-3356; phone: (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 June 6, 2012 (77 FR 
33332), and proposed to supersede 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). That NPRM proposed 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 
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 [European Aviation Safety 
Agency (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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 33332, June 6, 
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 33332, June 6, 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 33332, June 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry.
    The actions that were required by AD 94-14-05, Amendment 39-8957 
(59 FR 35237, July 11, 1994), and retained in this 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 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 also estimate that it will take about 5 work-hours per product 
to comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will 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

[[Page 59727]]

figures, we estimate the cost of this AD to the 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 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://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 33332, June 6, 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 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:

2012-19-04 Fokker Services B.V.: Amendment 39-17199. Docket No. FAA-
2012-0589; Directorate Identifier 2012-NM-189-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 5, 
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).

(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 a consequent 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 FBTV, 
part number (P/N) 7933141J and install a locking device on the FBTV, 
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

[[Page 59728]]

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 Fokker Service Bulletin SBF100-28-021, dated 
September 6, 1991 (specified in European Aviation Safety Agency 
(EASA) AD 2011-0158, dated August 26, 2011, and is not incorporated 
by reference in this AD). That service bulletin was cancelled by 
Fokker Service Bulletin SBF100-28-021, Revision 1, dated June 30, 
2011 (not incorporated by reference in this AD).

(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, 
WA 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) of this AD, 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*.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
November 5, 2012.
    (i) Fokker Service Bulletin SBF100-28-066, dated June 30, 2011, 
which includes the attachments identified in paragraphs (m)(3)(i)(A) 
through (m)(3)(i)(E) of this AD (* the issue date is not specified 
on the drawing).
    (A) Fokker Manual Change Notification--Maintenance Documentation 
MCNM-F100-145, dated June 30, 2011.
    (B) Fokker Manual Change Notification--Operational Documentation 
MCNO-F100-059, dated June 30, 2011.
    (C) Fokker Drawing W41190, Sheet 013, Issue P*.
    (D) Fokker Drawing W41190, Sheet 014, Issue P*.
    (E) Fokker Drawing W41190, Sheet 016, Issue P*.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
April 29, 1996 (61 FR 14014, March 29, 1996).
    (i) Fokker Service Bulletin SBF100-28-030, Revision 1, dated 
December 5, 1994. (Pages 1 through 3, 5, 8, and 10 of this document 
are identified as Revision 1, dated December 5, 1994. Pages 4, 6, 7, 
and 9 of this document are dated August 28, 1994 (original issue).)
    (ii) Reserved.
    (5) The following service information was approved for IBR on 
August 10, 1994 (59 FR 35237, July 11, 1994).
    (i) Fokker Service Bulletin SBF100-28-029, Revision 1, dated 
November 30, 1993. (Pages 1 through 3 of this document are 
identified as Revision 1, dated November 30, 1993. Pages 4 through 7 
of this document are dated November 10, 1993 (original issue).)
    (ii) Reserved.
    (6) 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.
    (7) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (8) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 11, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-23052 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-13-P