[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Rules and Regulations]
[Pages 68063-68065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27057]



[[Page 68063]]

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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; 
Amendment 39-17252; AD 2012-22-15]
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 an existing airworthiness directive (AD) 
for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. 
That AD currently 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. This new AD requires 
revising the maintenance program to incorporate the limitations, tasks, 
thresholds, and intervals specified in certain revised Fokker 
maintenance review board (MRB) documents. This AD was prompted by a 
revised Fokker 70/100 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.

DATES: This AD becomes effective December 20, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 20, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of August 
31, 2004 (69 FR 44586, July 27, 2004).

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 supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That SNPRM was published in the Federal Register on August 
14, 2012 (77 FR 48473), and proposed to supersede AD 2004-15-08, 
Amendment 39-13742 (69 FR 44586, July 27, 2004). That SNPRM proposed to 
correct an unsafe condition for the specified products. The Mandatory 
Continuing Airworthiness Information (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 [European Aviation Safety 
Agency (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 AD 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM (77 FR 48473, August 14, 
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 
SNPRM (77 FR 48473, August 14, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 48473, August 14, 2012).

Costs of Compliance

    Based on the service information, we estimate that this AD will 
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 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 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 AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of the 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.

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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 SNPRM (77 FR 48473, August 14, 
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) 
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004), and adding 
the following new AD:

2012-22-15 Fokker Services B.V.: Amendment 39-17252. Docket No. FAA-
2012-0143; Directorate Identifier 2011-NM-077-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 20, 
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 critical design configuration 
control limitations (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)

[[Page 68065]]

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 applicable 
documents specified in paragraphs (i)(3), (i)(4), and (i)(5) of this 
AD. If no compliance time is 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) 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 
December 20, 2012.
    (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.
    (4) The following service information was approved for IBR on 
August 31, 2004 (69 FR 44586, July 27, 2004).
    (i) Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 5, dated July 16, 
2001.
    (ii) Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Items,'' Issue 2, dated 
September 1, 2001.
    (5) 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.
    (6) 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.
    (7) 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 October 30, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-27057 Filed 11-14-12; 8:45 am]
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