[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36440-36443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11928]


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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; 
Amendment 39-18526; AD 2016-10-15]
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 adopting a new airworthiness directive (AD) for certain 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This 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 in excessive heating of the 
maximum level sensor element. This AD requires modifying the wiring of 
the maximum level sensors in the center wing fuel tank, performing 
after-installation tests, and corrective action if necessary. This AD 
also requires revising the airplane maintenance or inspection program 
to incorporate fuel airworthiness limitation items and critical design 
configuration control limitations. 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.

DATES: This AD becomes effective July 12, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 12, 
2016.

ADDRESSES: For service information identified in this final rule, 
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

[[Page 36441]]

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. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-5810.

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 AD, the regulation evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Fokker Services 
B.V. Model F.28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on November 27, 2015 (80 FR 74039) (``the NPRM'').
    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 Docket No. FAA-2015-
5810.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Explanation of Changes Made to This AD

    We have made the following changes to this AD. These changes are 
for formatting purposes and do not affect the requirements of this AD.
     Added a new paragraph (j) to this AD to specify the 
required service information, and redesignated subsequent paragraphs 
accordingly.
     Revised paragraph (g) of this AD by referring to the 
document citations in paragraph (j) of this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Fokker Service Bulletin SBF100-28-078, dated January 
23, 2014, and Fokker Manual Change Notification MCNM-F100-166, dated 
January 23, 2014.
    This 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.

Costs of Compliance

    We estimate that this AD affects 15 airplanes of U.S. registry.
    We also estimate that it takes 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 AD. The average labor rate is $85 per work-
hour. Required parts will cost about $1,700 per product. Based on these 
figures, we estimate the cost of this modification on U.S. operators to 
be up to $36,975, or up to $2,465 per product.
    We also estimate that it takes about 1 work-hour per product to 
revise the maintenance or inspection program as specified in this AD. 
The average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of this 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.

[[Page 36442]]

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.

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 adding the following new airworthiness 
directive (AD):

    2016-10-15 Fokker Services B.V.: Amendment 39-18526. Docket No. 
FAA-2015-5810; Directorate Identifier 2014-NM-116-AD.

(a) Effective Date

    This AD becomes effective July 12, 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, do all 
applicable tests and corrective actions, in accordance with Part 5 
of the Accomplishment Instructions of the service information 
identified in paragraph (j) of this AD.
    (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 the service information 
identified in paragraph (j) of this AD.
    (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 the service information 
identified in paragraph (j) of this AD.

(h) Revise the 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 (k)(1) of this AD.

(j) Required Service Information

    Do the actions specified in this AD in accordance with Fokker 
Service Bulletin SBF100-28-078, dated January 23, 2014, and Fokker 
Manual Change Notification MCNM-F100-166, dated January 23, 2014, as 
applicable.

(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, 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.

(l) Related Information

    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 
Docket No. FAA-2015-5810.

(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 this AD specifies otherwise.
    (i) Fokker Service Bulletin SBF100-28-078, dated January 23, 
2014, including the attached required drawings specified in 
paragraphs (m)(2)(i)(A), (m)(2)(i)(B), and (m)(2)(i)(C) of this AD, 
as applicable.
    (A) Drawing W41192, Sheet 052, Issue AW, ``Retro-Fit Wiring 
Diagram, Tank Fueling/Defueling, Center Tank,'' undated;
    (B) Drawing W41192, Sheet 054, Issue AW, ``Retro-Fit Wiring 
Diagram, Tank Fueling/Defueling,'' undated; and
    (C) Drawing W59520-405, ``Cableloom Connection List,'' Sheet 3, 
Issue F, dated May 12, 2011.
    (ii) Fokker Manual Change Notification MCNM-F100-166, dated 
January 23, 2014.
    (3) 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.

[[Page 36443]]

    (4) 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.
    (5) 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 May 12, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-11928 Filed 6-6-16; 8:45 am]
 BILLING CODE 4910-13-P