[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Proposed Rules]
[Pages 74039-74042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30007]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5810; Directorate Identifier 2014-NM-116-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 
certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. 
This proposed AD was prompted by a design review that revealed that a 
wiring failure, external to the center wing fuel tank, could cause a 
hot short circuit to a maximum level sensor wire, and result

[[Page 74040]]

in excessive heating of the maximum level sensor element. This proposed 
AD would require modifying the wiring of the maximum level sensors in 
the center wing fuel tank, performing after-installation tests, and 
corrective action if necessary. This proposed AD would also require 
revising the airplane maintenance or inspection program to incorporate 
fuel airworthiness limitation items and critical design configuration 
control limitations. We are proposing this AD to prevent 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.

DATES: We must receive comments on this proposed AD by January 11, 
2016.

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 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-
5810; or in person at the Docket Management Facility 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: 

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-2015-5810; 
Directorate Identifier 2014-NM-116-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 2014-0138, dated May 30, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Fokker 
Services B.V. Model F.28 Mark 0070 and 0100 airplanes. 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 review conducted by Fokker Services on the Fokker 70/100 
design, in response to these regulations, revealed that a wiring 
failure, external to the centre wing fuel tank, causing a hot short 
circuit to a maximum (max) level sensor wire may result in excessive 
heating of the max level sensor element.
    This condition, if not corrected, could create an ignition 
source in the centre wing fuel tank vapour space, possibly resulting 
in a fuel tank explosion and consequent loss of the aeroplane.
    EASA issued AD 2012-0240 [http://ad.easa.europa.eu/blob/easa_ad_2012_0240.pdf/AD_2012-0240], to address this unsafe 
condition, which required installation of three fuses in the wiring 
of the max level sensor(s) in the centre wing fuel tank per Fokker 
Services Service Bulletin (SB) SBF100-28-073. After that AD was 
issued, it was found that this technical solution caused fuel spills 
during refueling and, consequently, EASA cancelled AD 2012-0240.
    More recently, Fokker Services issued SBF100-28-078, which 
cancelled SBF100-28-073, to correct the unsafe condition without the 
risk of fuel spills.
    For the reasons described above, this [EASA] AD requires removal 
of one fuse from post-SBF100-28-073 aeroplanes, and installation of 
only two fuses on pre-SBF100-28-073 aeroplanes and, subsequently, 
the implementation of the associated Critical Design Configuration 
Control Limitation (CDCCL) items.
    More information this subject can be found in Fokker Services 
All Operators Message AOF100.186#03.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2015-5810.
    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 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

[[Page 74041]]

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, combination of failures, and unacceptable 
(failure) experience. For all three failure 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. (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 CFR Part 51

    Fokker has issued Service Bulletin SBF100-28-078, dated January 23, 
2014. The service information describes procedures for modifying the 
wiring of the maximum level sensors in the center wing fuel tank, 
after-installation tests, and corrective action if necessary. 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 the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 15 airplanes of U.S. 
registry.
    We also estimate that it would take up to 9 work-hours per product 
to modify the wiring of the maximum level sensors in the center wing 
fuel tank, as specified in this proposed AD. The average labor rate is 
$85 per work-hour. Required parts would cost about $1,700 per product. 
Based on these figures, we estimate the cost of this proposed 
modification on U.S. operators to be up to $36,975, or up to $2,465 per 
product.
    We also estimate that it would take about 1 work-hour per product 
to revise the maintenance or inspection program as specified in this 
proposed AD. The average labor rate is $85 per work-hour. Based on 
these figures, we estimate the cost of this proposed revision on U.S. 
operators to be $1,275, 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.

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-2015-5810; Directorate 
Identifier 2014-NM-116-AD.

(a) Comments Due Date

    We must receive comments by January 11, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes, certificated in any category, equipped with a center 
wing tank.

(d) Subject

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

(e) Reason

    This AD was prompted by a design review which revealed that a 
wiring failure, external to the center wing fuel tank, could cause a 
hot short circuit to a maximum level sensor wire, and result in 
excessive heating of the maximum level sensor element. We are 
issuing this AD to prevent 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.

(f) Compliance

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

(g) Wiring Modification

    Within 24 months after the effective date of this AD: Modify the 
wiring of the maximum level sensors of the center wing fuel tank, as 
specified in paragraph (g)(1) or (g)(2) of this AD, as applicable. 
Before further flight after accomplishing the modification,

[[Page 74042]]

do all applicable tests and corrective actions, in accordance with 
Part 5 of the Accomplishment Instructions of Fokker Service Bulletin 
SBF100-28-078, dated January 23, 2014.
    (1) For post-SBF100-28-073 configuration airplanes: Do the 
modification in accordance with Part 1 or Part 3, as applicable, of 
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-078, dated January 23, 2014.
    (2) For pre-SBF100-28-073 configuration airplanes: Do the 
modification in accordance with Part 2 or Part 4, as applicable, of 
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-078, dated January 23, 2014.

(h) Revise Maintenance or Inspection Program

    Within 30 days after installing the modification specified in 
paragraph (g)(1) or (g)(2) of this AD, as applicable: Revise the 
airplane maintenance or inspection program, as applicable, to 
incorporate the fuel airworthiness limitation items and critical 
design configuration control limitations (CDCCLs) specified in 
paragraph 2.L.(1)(c) of Fokker Service Bulletin SBF100-28-078, dated 
January 23, 2014.

(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 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, 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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective 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 2014-0138, dated May 30, 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 it in Docket No. FAA-2015-5810.
    (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 November 17, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-30007 Filed 11-25-15; 8:45 am]
 BILLING CODE 4910-13-P