Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes, 13921-13924 [2011-5897]
Download as PDF
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules
[FR Doc. 2011–5413 Filed 3–14–11; 8:45 am]
BILLING CODE 6210–01–P, 6750–01–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0220; Directorate
Identifier 2010–NM–259–AD]
Airworthiness Directives; Fokker
Services B.V. Model F.28 Mark 0070
and 0100 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
mstockstill on DSKH9S0YB1PROD with PROPOSALS
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
VerDate Mar<15>2010
16:13 Mar 14, 2011
Jkt 223001
* * * The Federal Aviation
Administration (FAA) has published Special
Federal Aviation Regulation (SFAR) 88, and
the Joint Aviation Authorities (JAA) have
published Interim Policy INT/POL/25/12.
The review, conducted by Fokker Services on
the Fokker 100 and Fokker 70 type design in
response to these regulations, revealed that
the fuel sense line from the overflow valves
may touch the adjacent fuel-quantity
indication-probe. Under certain conditions,
this may result in an ignition source in the
wing tank vapour space.
This condition, if not detected and
corrected, could result in a wing fuel tank
explosion and consequent loss of the
aeroplane.
*
RIN 2120–AA64
SUMMARY:
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
*
*
*
*
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by April 29, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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,
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
M–30, West Building Ground Floor,
Room W12–40, 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 231, 2150 AE Nieuw-Vennep,
the Netherlands; telephone +31 (0)252–
627–350; fax +31 (0)252–627–211;
e-mail technicalservices.fokkerservices
@stork.com; Internet https://www.myfok
kerfleet.com. You may review copies of
the referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington. 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 https://
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 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,
E:\FR\FM\15MRP1.SGM
15MRP1
EP15MR11.057
By order of the Board of Governors of the
Federal Reserve System, March 1, 2011.
Jennifer J. Johnson,
Secretary of the Board.
By the direction of the Commission.
Donald S. Clark,
Secretary.
13921
13922
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules
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:
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–2011–0220; Directorate Identifier
2010–NM–259–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 https://
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
mstockstill on DSKH9S0YB1PROD with PROPOSALS
The European Aviation Safety Agency
(EASA), which is the aviation authority
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2010–0159,
dated August 3, 2010 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
* * * The Federal Aviation
Administration (FAA) has published Special
Federal Aviation Regulation (SFAR) 88, and
the Joint Aviation Authorities (JAA) have
published Interim Policy INT/POL/25/12.
The review, conducted by Fokker Services on
the Fokker 100 and Fokker 70 type design in
response to these regulations, revealed that
the fuel sense line from the overflow valves
may touch the adjacent fuel-quantity
indication-probe. Under certain conditions,
this may result in an ignition source in the
wing tank vapour space.
This condition, if not detected and
corrected, could result in a wing fuel tank
explosion and consequent loss of the
aeroplane.
For the reasons described above, this AD
requires a one-time [general visual]
inspection to check the route and clamping
of the sense line hose and wiring conduit
hose to each wing tank overflow valve and,
depending on the findings, the necessary
corrective actions.
Corrective actions include installing two
brackets next to the overflow valve on
the main tank access panel, making a
modification to the routing of the hose
for the sense line, and installing clamps
to keep the hoses in position. Required
VerDate Mar<15>2010
16:13 Mar 14, 2011
Jkt 223001
actions also include revising the
maintenance program to include a
Critical Design Configuration Control
Limitation (CDCCL). You may obtain
further information by examining the
MCAI in the AD docket.
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
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. (The JAA is an associated
body of the European Civil Aviation
Conference (ECAC) representing the
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
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.
Relevant Service Information
Fokker Services B.V. has issued
Fokker Service Bulletin SBF100–28–
050, Revision 1, dated July 28, 2010.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
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.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 6 products of U.S. registry.
We also estimate that it would take
E:\FR\FM\15MRP1.SGM
15MRP1
13923
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules
about 2 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$1,020, or $170 per product.
In addition, we estimate that any
necessary follow-on actions would take
about 4 work-hours and require parts
costing $800, for a cost of $1,140 per
product. We have no way of
determining the number of products
that may need these actions.
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.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
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); and
3. 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 proposed AD and placed it in the
AD docket.
VerDate Mar<15>2010
16:13 Mar 14, 2011
Jkt 223001
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
This condition, if not detected and
corrected, could result in a wing fuel tank
explosion and consequent loss of the
aeroplane.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
PART 39—AIRWORTHINESS
DIRECTIVES
Actions
(g) At a scheduled opening of the fuel tank,
but not later than 84 months after the
effective date of this AD, do a general visual
inspection of the routing and clamping of the
sense line hose and wiring conduit hose to
each wing tank overflow valve, in accordance
with Part 1 of the Accomplishment
Instructions of Fokker Service Bulletin
SBF100–28–050, Revision 1, dated July 28,
2010.
(h) If incorrect routing or clamping of the
hoses is found during the inspection required
by paragraph (g) of this AD, before further
flight, install two brackets next to the
overflow valve on the main tank access
panel, make a modification to the routing of
the hose for the sense line, and install clamps
to keep the hoses in position, in accordance
with Part 2 of the Accomplishment
Instructions of Fokker Service Bulletin
SBF100–28–050, Revision 1, dated July 28,
2010.
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Fokker Services B.V.: Docket No. FAA–
2011–0220; Directorate Identifier 2010–
NM–259–AD.
Comments Due Date
(a) We must receive comments by April 29,
2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Services
B.V. Model F.28 Mark 0070 and 0100
airplanes, certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new actions (e.g., inspections) and/
or 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 (l) 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.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
* * * The Federal Aviation
Administration (FAA) has published Special
Federal Aviation Regulation (SFAR) 88, and
the Joint Aviation Authorities (JAA) have
published Interim Policy INT/POL/25/12.
The review, conducted by Fokker Services on
the Fokker 100 and Fokker 70 type design in
response to these regulations, revealed that
the fuel sense line from the overflow valves
may touch the adjacent fuel-quantity
indication-probe. Under certain conditions,
this may result in an ignition source in the
wing tank vapour space.
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
*
*
*
*
*
Critical Design Configuration Control
Limitations (CDCCL)
(i) Before further flight after determining
that the routing and clamping of the sense
line hose and wiring conduit hose to each
wing tank overflow valve are correct, as
required by paragraph (g) of this AD; or
before further flight after doing the
modification, as required by paragraph (h) of
this AD; as applicable: Revise the aircraft
maintenance program by incorporating the
CDCCL in paragraph 1.L.(1)(c) of Fokker
Service Bulletin SBF100–28–050, Revision 1,
dated July 28, 2010.
No Alternative Inspections, Inspection
Intervals, or CDCCLs
(j) After accomplishing the revision
required by paragraph (i) of this AD, no
alternative actions (e.g., inspections),
intervals, and/or CDCCLs may be used unless
the actions, intervals, and/or CDCCLs are
approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (l) of this
AD.
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(k) Actions done before the effective date
of this AD in accordance with Fokker Service
Bulletin SBF100–28–050, dated June 3, 2010,
are acceptable for compliance with the
corresponding requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows:
Although European Aviation Safety Agency
E:\FR\FM\15MRP1.SGM
15MRP1
13924
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules
(EASA) Airworthiness Directive 2010–0159,
dated August 3, 2010, specifies revising the
maintenance program to include limitations,
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).
Other FAA AD Provisions
(l) 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 e-mailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
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.
Related Information
mstockstill on DSKH9S0YB1PROD with PROPOSALS
(m) Refer to MCAI EASA Airworthiness
Directive 2010–0159, dated August 3, 2010;
and Fokker Service Bulletin SBF100–28–050,
Revision 1, dated July 28, 2010; for related
information.
Issued in Renton, Washington, on March 7,
2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–5897 Filed 3–14–11; 8:45 am]
BILLING CODE 4910–13–P
VerDate Mar<15>2010
16:13 Mar 14, 2011
Jkt 223001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0222; Directorate
Identifier 2010–NM–056–AD]
RIN 2120–AA64
Airworthiness Directives; DassaultAviation Model FALCON 7X Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
Time between overhaul (TBO) of DC [direct
current] generator bearings is set at 1 000
flight hours (FH) in the airworthiness
limitations section of the Falcon 7X Aircraft
Maintenance Manual Chapter 5.40.
In service report has shown that the
bearing current design cannot sustain the
current TBO. * * *
*
*
*
*
*
Failure to comply with those revised
maintenance tasks could constitute an unsafe
condition.
Failure of the DC generator bearings
could lead to loss of the generator and
potential loss of electrical power to the
fly-by-wire system and subsequent loss
of control of the airplane. The proposed
AD would require actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by April 29, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 Dassault
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
Falcon Jet, P.O. Box 2000, South
Hackensack, New Jersey 07606;
telephone 201–440–6700; Internet
https://www.dassaultfalcon.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington.
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 https://
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 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,
Washington 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–2011–0222; Directorate Identifier
2010–NM–056–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 https://
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
Community, has issued EASA
Airworthiness Directive 2009–0254,
dated December 1, 2009 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
E:\FR\FM\15MRP1.SGM
15MRP1
Agencies
[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Proposed Rules]
[Pages 13921-13924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5897]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0220; Directorate Identifier 2010-NM-259-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Model F.28 Mark
0070 and 0100 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
* * * The Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and
Fokker 70 type design in response to these regulations, revealed
that the fuel sense line from the overflow valves may touch the
adjacent fuel-quantity indication-probe. Under certain conditions,
this may result in an ignition source in the wing tank vapour space.
This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
* * * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 29, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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 W12-40, 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 231, 2150 AE
Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31
(0)252-627-211; e-mail technicalservices.fokkerservices@stork.com;
Internet https://www.myfokkerfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. 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 https://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 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,
[[Page 13922]]
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:
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-2011-0220;
Directorate Identifier 2010-NM-259-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 https://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 aviation
authority for the Member States of the European Community, has issued
EASA Airworthiness Directive 2010-0159, dated August 3, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
* * * The Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and
Fokker 70 type design in response to these regulations, revealed
that the fuel sense line from the overflow valves may touch the
adjacent fuel-quantity indication-probe. Under certain conditions,
this may result in an ignition source in the wing tank vapour space.
This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
For the reasons described above, this AD requires a one-time
[general visual] inspection to check the route and clamping of the
sense line hose and wiring conduit hose to each wing tank overflow
valve and, depending on the findings, the necessary corrective
actions.
Corrective actions include installing two brackets next to the overflow
valve on the main tank access panel, making a modification to the
routing of the hose for the sense line, and installing clamps to keep
the hoses in position. Required actions also include revising the
maintenance program to include a Critical Design Configuration Control
Limitation (CDCCL). You may obtain further information by examining the
MCAI in the AD docket.
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 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. (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.
Relevant Service Information
Fokker Services B.V. has issued Fokker Service Bulletin SBF100-28-
050, Revision 1, dated July 28, 2010. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.
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.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 6 products of U.S. registry. We also estimate that
it would take
[[Page 13923]]
about 2 work-hours per product to comply with the basic requirements of
this proposed AD. The average labor rate is $85 per work-hour. Based on
these figures, we estimate the cost of the proposed AD on U.S.
operators to be $1,020, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $800, for a cost of
$1,140 per product. We have no way of determining the number of
products that may need these actions.
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); and
3. 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 proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Fokker Services B.V.: Docket No. FAA-2011-0220; Directorate
Identifier 2010-NM-259-AD.
Comments Due Date
(a) We must receive comments by April 29, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Services B.V. Model F.28 Mark
0070 and 0100 airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new actions (e.g., inspections)
and/or 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 (l) 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.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * The Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and
Fokker 70 type design in response to these regulations, revealed
that the fuel sense line from the overflow valves may touch the
adjacent fuel-quantity indication-probe. Under certain conditions,
this may result in an ignition source in the wing tank vapour space.
This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) At a scheduled opening of the fuel tank, but not later than
84 months after the effective date of this AD, do a general visual
inspection of the routing and clamping of the sense line hose and
wiring conduit hose to each wing tank overflow valve, in accordance
with Part 1 of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-28-050, Revision 1, dated July 28, 2010.
(h) If incorrect routing or clamping of the hoses is found
during the inspection required by paragraph (g) of this AD, before
further flight, install two brackets next to the overflow valve on
the main tank access panel, make a modification to the routing of
the hose for the sense line, and install clamps to keep the hoses in
position, in accordance with Part 2 of the Accomplishment
Instructions of Fokker Service Bulletin SBF100-28-050, Revision 1,
dated July 28, 2010.
Critical Design Configuration Control Limitations (CDCCL)
(i) Before further flight after determining that the routing and
clamping of the sense line hose and wiring conduit hose to each wing
tank overflow valve are correct, as required by paragraph (g) of
this AD; or before further flight after doing the modification, as
required by paragraph (h) of this AD; as applicable: Revise the
aircraft maintenance program by incorporating the CDCCL in paragraph
1.L.(1)(c) of Fokker Service Bulletin SBF100-28-050, Revision 1,
dated July 28, 2010.
No Alternative Inspections, Inspection Intervals, or CDCCLs
(j) After accomplishing the revision required by paragraph (i)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l) of this
AD.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(k) Actions done before the effective date of this AD in
accordance with Fokker Service Bulletin SBF100-28-050, dated June 3,
2010, are acceptable for compliance with the corresponding
requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: Although European Aviation Safety Agency
[[Page 13924]]
(EASA) Airworthiness Directive 2010-0159, dated August 3, 2010,
specifies revising the maintenance program to include limitations,
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).
Other FAA AD Provisions
(l) 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 e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
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.
Related Information
(m) Refer to MCAI EASA Airworthiness Directive 2010-0159, dated
August 3, 2010; and Fokker Service Bulletin SBF100-28-050, Revision
1, dated July 28, 2010; for related information.
Issued in Renton, Washington, on March 7, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5897 Filed 3-14-11; 8:45 am]
BILLING CODE 4910-13-P