[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Proposed Rules]
[Pages 34106-34109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14230]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1982; Directorate Identifier 2014-NM-108-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 adopt a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 
airplanes. This proposed AD was prompted by a design review, which 
revealed that no controlled bonding provisions are present on a number 
of critical locations outside the fuel tank. This proposed AD would 
require installing additional and improved fuel system bonding 
provisions, and revising the airplane maintenance or inspection 
program, as applicable, by incorporating fuel airworthiness limitation 
items and critical design configuration control limitations. We are 
proposing this AD to prevent an ignition source in the fuel tank vapor 
space, which could result in a fuel tank explosion and consequent loss 
of the airplane.

DATES: We must receive comments on this proposed AD by July 30, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 view this referenced 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1982; 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; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 34107]]

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-2015-1982; 
Directorate Identifier 2014-NM-108-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0109, dated May 8, 2014 (referred to after 
this the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for all Fokker Services B.V. 
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The MCAI states:

    Prompted by an accident * * *, the Federal Aviation 
Administration (FAA) published Special Federal Aviation Regulation 
(SFAR) 88 [(66 FR 23086, May 7, 2001)], and the Joint Aviation 
Authorities (JAA) published Interim Policy INT/POL/25/12.
    The review conducted by Fokker Services on the Fokker F28 
design, in response to these regulations, revealed that no 
controlled bonding provisions are present on a number of critical 
locations outside the fuel tank.
    This condition, if not corrected, could create an ignition 
source in the fuel tank vapour space, possibly resulting in a fuel 
tank explosions and consequent loss of the aeroplane.
    To address this potential unsafe condition, Fokker Services 
developed a set of fuel tank bonding modifications.
    For the reasons described above, this [EASA] AD requires the 
installation of additional and improved bonding provisions. These 
modifications do not require opening of the fuel tank access panels.
    More information on this subject can be found in Fokker Services 
All Operators Message AOF28.038#02.

    Required actions include revising the airplane maintenance or 
inspection program, as applicable, by incorporating fuel airworthiness 
limitation items and critical design configuration control limitations. 
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1982.
    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires 
certain type design (i.e., type certificate (TC) and supplemental type 
certificate (STC)) holders to substantiate that their fuel tank systems 
can prevent ignition sources in the fuel tanks. This requirement 
applies to type design holders for large turbine-powered transport 
airplanes and for subsequent modifications to those airplanes. It 
requires them to perform design reviews and to develop design changes 
and maintenance procedures if their designs do not meet the new fuel 
tank safety standards. As explained in the preamble to the rule, we 
intended to adopt airworthiness directives to mandate any changes found 
necessary to address unsafe conditions identified as a result of these 
reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an 
associated body of the European Civil Aviation Conference (ECAC) 
representing the civil aviation regulatory authorities of a number of 
European States who have agreed to co-operate in developing and 
implementing common safety regulatory standards and procedures.) Under 
this regulation, the JAA stated that all members of the ECAC that hold 
type certificates for transport category airplanes are required to 
conduct a design review against explosion risks.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential 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.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker F28 Appendix SB SBF28-28-
059/APP01, dated July 15, 2014, of Fokker F28 Proforma Service Bulletin 
SBF28-28-059, Revision 1, dated July 15, 2014. The service information 
describes procedures for the installation of additional bonding 
provisions outside the fuel tank. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of this NPRM.

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 these 
same type designs.
    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 (k) of this 
AD. The request should include a description of changes to the required

[[Page 34108]]

actions that will ensure the continued operational safety of the 
airplane.

Differences Between This Proposed AD and the MCAI or Service 
Information

    Although EASA Airworthiness Directive 2014-0109, dated May 8, 2014, 
specifies both revising the maintenance program to include limitations, 
and doing certain repetitive actions (e.g., inspections) and/or 
maintaining CDCCLs, this AD only requires the revision. Requiring a 
revision of the maintenance program, rather than requiring individual 
repetitive actions and/or maintaining CDCCLs, requires operators to 
record AD compliance only at the time the revision is made. Repetitive 
actions and/or maintaining CDCCLs specified in the airworthiness 
limitations must be complied with in accordance with 14 CFR 91.403(c).

Costs of Compliance

    We estimate that this proposed AD affects 5 airplanes of U.S. 
registry.
    We also estimate that it would take about 11 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $140 
per product. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be $5,375, 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.

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

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 airworthiness 
directive (AD):

Fokker Services B.V.: Docket No. FAA-2015-1982; Directorate 
Identifier 2014-NM-108-AD.

(a) Comments Due Date

    We must receive comments by July 30, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 1000, 
2000, 3000, and 4000 airplanes, certificated in any category, all 
serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a design review, which revealed that no 
controlled bonding provisions are present on a number of critical 
locations outside the fuel tank. We are issuing this AD to prevent 
an ignition source in the fuel tank vapor space, which could result 
in a fuel tank explosion and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Installation of Bonding Provisions

    Within 24 months after the effective date of this AD, install 
additional and improved fuel system bonding provisions, in 
accordance with the Accomplishment Instructions of Fokker F28 
Appendix SB SBF28-28-059/APP01, dated July 15, 2014, of Fokker F28 
Proforma Service Bulletin SBF28-28-059, Revision 1, dated July 15, 
2014.

(h) Revision of Maintenance or Inspection Program

    At the later of the times specified in paragraphs (h)(1) and 
(h)(2) of this AD: Revise the airplane maintenance or inspection 
program, as applicable, by incorporating the fuel airworthiness 
limitation items and critical design configuration control 
limitations (CDCCLs) specified in paragraph 1.L.(1)(b) of Fokker F28 
Appendix SB SBF28-28-059/APP01, dated July 15, 2014, of Fokker F28 
Proforma Service Bulletin SBF28-28-059, Revision 1, dated July 15, 
2014.
    (1) Before further flight, after accomplishing the installation 
required by paragraph (g) of this AD.
    (2) Within 30 days after the effective date of this AD.

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

    After incorporating 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, 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective

[[Page 34109]]

actions from a manufacturer, the action must be accomplished using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA); or Fokker B.V. Service's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0109, dated May 8, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov. by searching for and 
locating Docket No. FAA-2015-1982.
    (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 view this 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.

    Issued in Renton, Washington, on June 4, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-14230 Filed 6-12-15; 8:45 am]
 BILLING CODE 4910-13-P