[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Rules and Regulations]
[Pages 39543-39545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12595]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8467; Directorate Identifier 2014-NM-107-AD; 
Amendment 39-18541; AD 2016-11-14]
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 all 
Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 
airplanes. This AD was prompted by a design review that revealed no 
controlled bonding provisions are present on a number of critical 
locations inside the fuel tanks or connected to the walls of the fuel 
tanks. This AD requires installing additional and improved bonding 
provisions in the fuel tanks and revising the airplane maintenance or 
inspection program, as applicable, by incorporating fuel airworthiness 
limitation items and critical design configuration control limitations 
(CDCCLs). 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.

DATES: This AD is effective July 22, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 22, 
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 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-2015-8467.

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-
8467; 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 regulatory 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 all Fokker Services B.V. 
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The NPRM 
published in the Federal Register on January 20, 2016 (81 FR 3051) 
(``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 2014-0108, dated May 8, 2014 (referred to after 
this the Mandatory Continuing Airworthiness Information,

[[Page 39544]]

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, inside the fuel tank or connected to the fuel tank wall.
    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 [and a 
revision of the maintenance or inspection program, as applicable]. 
These modifications 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.

    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-
8467.

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 revised the document citations in paragraphs (g) and (h) of 
this AD to meet the Office of the Federal Register's requirements for 
materials incorporated by reference.

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 Proforma Service Bulletin SBF28-28-058, dated 
January 9, 2014; and Fokker F28 Appendix Service Bulletin SBF28-28-058/
APP01, dated July 15, 2014. The service information describes 
procedures for installing improved bonding provisions for the transfer 
jet pumps, ventilation float valves, center tank overflow valves, and 
level control pilot valves wiring conduit; and applicable related 
investigative and corrective actions.
    We also reviewed Fokker Service Bulletin SBF28-28-050, Revision 3, 
dated December 11, 2014. The service information describes certain fuel 
airworthiness limitation items and CDCCLs.
    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 5 airplanes of U.S. registry.
    We also estimate that it will take about 21 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $8,925, or $1,785 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.

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):

2016-11-14 Fokker Services B.V.: Amendment 39-18541. Docket No. FAA-
2015-8467; Directorate Identifier 2014-NM-107-AD.

(a) Effective Date

    This AD is effective July 22, 2016.

(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 that revealed no 
controlled bonding provisions are present on a number of critical 
locations inside the fuel tanks or connected to the walls of the 
fuel tanks. 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.

[[Page 39545]]

(f) Compliance

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

(g) Installation of Bonding Provisions

    At the next scheduled opening of the fuel tanks after the 
effective date of this AD, but no later than 84 months after the 
effective date of this AD, install additional and improved bonding 
provisions in the fuel tanks, and do the applicable related 
investigative and corrective actions, in accordance with the 
Accomplishment Instructions of Fokker Proforma Service Bulletin 
SBF28-28-058, dated January 9, 2014; and Fokker F28 Appendix Service 
Bulletin SBF28-28-058/APP01, dated July 15, 2014.

(h) Revision of Maintenance or Inspection Program

    Before further flight after completing the installation 
specified in paragraph (g) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: 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)(c) of Fokker Proforma Service Bulletin SBF28-28-
058, dated January 9, 2014. The initial compliance times for the 
tasks are at the latest of the times specified in paragraphs (h)(1), 
(h)(2), and (h)(3) of this AD.
    (1) At the applicable time specified in Fokker Service Bulletin 
SBF28-28-050, Revision 3, dated December 11, 2014.
    (2) Before further flight after completing the installation 
specified in paragraph (g) of this AD.
    (3) Within 30 days after the effective date of this AD.

(i) No Alternative Actions, Intervals, and CDCCLs

    After accomplishment of 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 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

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2014-0108, 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-2015-8467.

(l) 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 F28 Appendix Service Bulletin SBF28-28-058/APP01, 
dated July 15, 2014.
    (ii) Fokker Proforma Service Bulletin SBF28-28-058, dated 
January 9, 2014.
    (iii) Fokker Service Bulletin SBF28-28-050, Revision 3, dated 
December 11, 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.
    (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 20, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-12595 Filed 6-16-16; 8:45 am]
 BILLING CODE 4910-13-P