Airworthiness Directives; Fokker Services B.V. Airplanes, 9871-9874 [2012-3906]

Download as PDF Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules (a) Comments Due Date We must receive comments by April 23, 2012. (b) Affected ADs This AD rescinds AD 2009–07–01 (74 FR 12086, March 23, 2009). (c) Applicability This AD applies to Rolls-Royce Deutschland Ltd & Co KG BR700–715A1–30, BR700–715B1–30, and BR700–715C1–30 turbofan engines. Issued in Burlington, Massachusetts, on February 10, 2012. Peter A. White, Manager, Engine & Propeller Directorate, Aircraft Certification Service. [FR Doc. 2012–3864 Filed 2–17–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0143; Directorate Identifier 2011–NM–077–AD] RIN 2120–AA64 Airworthiness Directives; Fokker Services B.V. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede an existing airworthiness directive (AD) that applies to all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. The existing AD currently requires revising the airworthiness limitations section (ALS) of the instructions for continued airworthiness for certain airplanes, and the FAAapproved maintenance program for certain other airplanes, to incorporate new limitations for fuel tank systems. Since we issued that AD, Fokker Services B.V. has revised a Fokker 70/ 100 maintenance review board (MRB) document with revised limitations, tasks, thresholds, and intervals. This proposed AD would revise the maintenance program to incorporate the limitations, tasks, thresholds, and intervals specified in that Fokker MRB document. We are proposing this AD 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. DATES: We must receive comments on this proposed AD by April 6, 2012. srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:43 Feb 17, 2012 Jkt 226001 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 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; email technicalservices.fokkerservices@ stork.com; Internet https://www.my fokkerfleet.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. ADDRESSES: 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–2012–0143; Directorate Identifier 2011–NM–077–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 9871 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 On July 9, 2004, we issued AD 2004– 15–08, Amendment 39–13742 (69 FR 44586, July 27, 2004). This AD required actions intended to address an unsafe condition on the products listed above. Since we issued AD 2004–15–08, Amendment 39–13742 (69 FR 44586, July 27, 2004): The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2011– 0157, dated August 25, 2011 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: Fokker Services have published issue 8 of report SE–623 dated 17 March 2011, which is part of the Airworthiness Limitations Section of the Instructions for Continued Airworthiness, referred to in Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review Board (MRB) document. The complete Airworthiness Limitations Section currently consists of: —Certification Maintenance Requirements (CMRs)—report SE–473, issue 8, —Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs)—report SE–623, issue 8, —Fuel ALIs and Critical Design Configuration Control Limitations (CDCCLs)—report SE–672, issue 2. The instructions contained in those reports have been identified as mandatory actions for continued airworthiness. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2011–0046, which is superseded, and requires the implementation of the inspections and limitations as specified in the Airworthiness Limitation Section of the Instructions for Continued Airworthiness, referred to in Section 06, Appendix 1 of the Fokker 70/100 MRB document, reports SE– 473, SE–623 and SE–672 at the abovementioned issues. 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 E:\FR\FM\21FEP1.SGM 21FEP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 9872 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. The Joint Aviation Authorities (JAA) has issued a regulation that is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an associated body of the European Civil Aviation Conference (ECAC) representing the civil aviation regulatory authorities of a number of European States who have agreed to cooperate 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 VerDate Mar<15>2010 16:43 Feb 17, 2012 Jkt 226001 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. 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 $255 per product. Relevant Service Information Fokker Services B.V. has issued the following documents: • Fokker Services B.V. Report SE– 473, ‘‘Fokker 70/100 Certification Maintenance Requirements,’’ Issue 8, dated September 1, 2009. • Fokker Services B.V. Report SE– 623, ‘‘Fokker 70/100 Airworthiness Limitation Items and Safe Life Limits,’’ Issue 8, dated December 20, 2010. • Fokker Services B.V. Report SE– 672, ‘‘Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and Critical Design Configuration Control Limitations (CDCCL),’’ Issue 2, dated December 1, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. Authority for This Rulemaking 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 Based on the service information, we estimate that this proposed AD would affect about 4 products of U.S. registry. The actions that are required by AD 2004–15–08, Amendment 39–13742 (69 FR 44586, July 27, 2004) and retained in this proposed AD take about 1 workhour per product, at an average labor rate of $85 per work hour. Required parts cost about $0 per product. The actions that are required by AD 2008– 06–20, Amendment 39–15432 (73 FR 14661, March 19, 2008) and retained in this proposed AD take about 1 workhour per product, at an average labor rate of $85 per work hour. Required parts cost about $0 per product. Based on these figures, the estimated cost of the currently required actions is $170 per product. We estimate that it would take about 1 work-hour per product to comply with the new basic requirements of this PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 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. 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, E:\FR\FM\21FEP1.SGM 21FEP1 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules the FAA proposes to amend 14 CFR part 39 as follows: Restatement of Requirements of AD 2004– 15–08, Amendment 39–13742 (69 FR 44586, July 27, 2004) PART 39—AIRWORTHINESS DIRECTIVES (g) New Airworthiness Limitations Revision 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 removing Amendment 39–13742 (69 FR 44586, July 27, 2004) and adding the following new AD: Fokker Services B.V.: Docket No. FAA– 2012–0143; Directorate Identifier 2011– NM–077–AD. (a) Comments Due Date We must receive comments by April 6, 2012. (b) Affected ADs This AD supersedes AD 2004–15–08, Amendment 39–13742 (69 FR 44586, July 27, 2004). This AD also affects AD 2008–06–20, Amendment 39–15432 (73 FR 14661, March 19, 2008). (c) Applicability This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes; certificated in any category; all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections) and/ or Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and/or CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (m) 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. srobinson on DSK4SPTVN1PROD with PROPOSALS (d) Subject Air Transport Association (ATA) of America Code 28: Fuel. (f) Compliance You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. 16:43 Feb 17, 2012 Jkt 226001 (h) No Alternative Inspections or Intervals After the actions specified in paragraph (g) of this AD have been accomplished, no alternative inspections or inspection intervals may be approved for the structural elements specified in the documents listed in paragraph (g) of this AD, except as required by paragraph (j) of this AD. Note 2: Notwithstanding any other maintenance or operational requirements, components that have been identified as airworthy or installed on the affected airplanes before the revision of the ALS for certain airplanes, and the FAA-approved maintenance program for certain other airplanes, as required by paragraph (i) of this AD, do not need to be reworked in accordance with the CDCCLs. However, once the ALS for certain airplanes, and the FAAapproved maintenance program for certain other airplanes has been revised, future maintenance actions on these components must be done in accordance with the CDCCLs. New Requirements of This AD (e) Reason This AD was prompted by a revised Fokker 70/100 maintenance review board (MRB) document with revised limitations, tasks, thresholds, and intervals. We are issuing this AD 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. VerDate Mar<15>2010 Within 6 months after August 31, 2004 (the effective date of AD 2004–15–08, Amendment 39–13742 (69 FR 44586, July 27, 2004)), revise the Airworthiness Limitations section (ALS) of the Instructions for Continued Airworthiness by incorporating Fokker Services B.V. Report SE–623, ‘‘Fokker 70/100 Airworthiness Limitations Items and Safe Life Items,’’ Issue 2, dated September 1, 2001; and Fokker Services B.V. Report SE– 473, ‘‘Fokker 70/100 Certification Maintenance Requirements,’’ Issue 5, dated July 16, 2001; into Section 6 of the Fokker 70/100 MRB document. (These reports are already incorporated into Fokker 70/100 MRB document, Revision 10, dated October 1, 2001.) Once the actions required by this paragraph have been accomplished, the original issue of Fokker Services B.V. Report SE–623, ‘‘Fokker 70/100 Airworthiness Limitations Items and Safe Life Items,’’ dated June 1, 2000, may be removed from the ALS of the Instructions for Continued Airworthiness. Doing the actions in paragraph (j) of this AD terminates the requirements of paragraph (g) of this AD. (i) Maintenance Program Revision Within 3 months after the effective date of this AD, revise the maintenance program to incorporate the airworthiness limitations specified in the Fokker maintenance review board (MRB) documents listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. For all tasks and retirement lifes identified in the Fokker MRB documents listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD, the initial compliance times start from the later of the times specified in paragraphs (i)(1) and (i)(2) of this AD, and the repetitive inspections must be accomplished thereafter at the interval specified in the Fokker MRB documents listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 9873 (1) Within 3 months after the effective date of this AD. (2) At the time specified in the documents listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. (3) Fokker Services B.V. Report SE–473, ‘‘Fokker 70/100 Certification Maintenance Requirements,’’ Issue 8, dated September 1, 2009. (4) Fokker Services B.V. Report SE–623, ‘‘Fokker 70/100 Airworthiness Limitation Items and Safe Life Limits,’’ Issue 8, dated December 20, 2010. (5) Fokker Services B.V. Report SE–672, ‘‘Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and Critical Design Configuration Control Limitations (CDCCL),’’ Issue 2, dated December 1, 2006. (j) No Alternative Actions, Intervals, and/or CDCCLs After accomplishing the revision required by paragraph (i) 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 (m)(1) of this AD. (k) Terminating Action Accomplishing the actions in paragraph (i) of this AD terminates the requirements of paragraph (g) of this AD. (l) Method of Compliance With AD 2008–06– 20, Amendment 39–15432 (73 FR 14661, March 19, 2008) Accomplishing the actions in paragraph (i) of this AD, terminates the requirements of paragraphs (f)(1), (f)(2), (f)(3), (f)(4), and (f)(5) of AD 2008–06–20, Amendment 39–15432 (73 FR 14661, March 19, 2008). (m) 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, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227– 1149. Information may be emailed 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 E:\FR\FM\21FEP1.SGM 21FEP1 9874 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 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. (n) Related Information Refer to MCAI EASA Airworthiness Directive 2011–0157, dated August 25, 2011, and the service information specified in paragraphs (n)(1), (n)(2), and (n)(3) of this AD, for related information. (1) Fokker Services B.V. Report SE–473, ‘‘Fokker 70/100 Certification Maintenance Requirements,’’ Issue 8, dated September 1, 2009. (2) Fokker Services B.V. Report SE–623, ‘‘Fokker 70/100 Airworthiness Limitation Items and Safe Life Limits,’’ Issue 8, dated December 20, 2010. (3) Fokker Services B.V. Report SE–672, ‘‘Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and Critical Design Configuration Control Limitations (CDCCL),’’ Issue 2, dated December 1, 2006. Issued in Renton, Washington, on February 1, 2012. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–3906 Filed 2–17–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0057; Directorate Identifier 2012–NE–04–AD] RIN 2120–AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for Turbomeca S.A. Arriel 2C1, 2C2, and 2S2 turboshaft engines. This proposed AD was prompted by a report of a helicopter experiencing a digital engine control unit (DECU) malfunction during flight. We are proposing this AD to prevent loss of automatic control on one or both engines installed on the same helicopter, which could result in an uncommanded in-flight engine shutdown, forced autorotation landing, or accident. DATES: We must receive comments on this proposed AD by April 23, 2012. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:43 Feb 17, 2012 Jkt 226001 the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 202–493–2251. For service information identified in this proposed AD, contact Turbomeca, 40220 Tarnos, France; phone: 33 05 59 74 40 00; fax: 33 05 59 74 45 15. You may review copies of the referenced service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. 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 (phone: 800–647–5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Rose Len, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7772; fax: 781–238– 7199; email: rose.len@faa.gov. 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–2012–0057; Directorate Identifier 2012–NE–04–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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). 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 2011–0249, dated December 22, 2011 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: An incident has been reported of a helicopter which experienced a Digital Engine Control Unit (DECU) malfunction in flight from one of its Arriel 2C1 engines. The indicating system of the helicopter displayed a ‘‘FADEC FAIL’’ message, with a concurrent loss of automatic control of the engine. The mission was aborted and the helicopter returned to its base without any further incident. The subsequent technical investigations carried out by Turbomeca revealed that a Digital Engine Control Unit (DECU) assembly non-conformity was at the origin of this event. Further investigations performed with the supplier of the DECU led to the conclusion that only a limited number of DECU are potentially affected by the nonconformity. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Turbomeca S.A. has issued Alert Mandatory Service Bulletin No. A292 73 2845, Version A, dated December 19, 2011. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination of This Proposed AD This product has been approved by the aviation authority of France, and is approved for operation in the United States. Pursuant to our bilateral agreement with EASA, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists E:\FR\FM\21FEP1.SGM 21FEP1

Agencies

[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Proposed Rules]
[Pages 9871-9874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3906]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0143; Directorate Identifier 2011-NM-077-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 supersede an existing airworthiness directive 
(AD) that applies to all Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes. The existing AD currently requires revising the 
airworthiness limitations section (ALS) of the instructions for 
continued airworthiness for certain airplanes, and the FAA-approved 
maintenance program for certain other airplanes, to incorporate new 
limitations for fuel tank systems. Since we issued that AD, Fokker 
Services B.V. has revised a Fokker 70/100 maintenance review board 
(MRB) document with revised limitations, tasks, thresholds, and 
intervals. This proposed AD would revise the maintenance program to 
incorporate the limitations, tasks, thresholds, and intervals specified 
in that Fokker MRB document. We are proposing this AD 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.

DATES: We must receive comments on this proposed AD by April 6, 2012.

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 
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; email 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, 
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-2012-0143; 
Directorate Identifier 2011-NM-077-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

    On July 9, 2004, we issued AD 2004-15-08, Amendment 39-13742 (69 FR 
44586, July 27, 2004). This AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2004-15-08, Amendment 39-13742 (69 FR 44586, 
July 27, 2004): The European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community, 
has issued EASA Airworthiness Directive 2011-0157, dated August 25, 
2011 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Fokker Services have published issue 8 of report SE-623 dated 17 
March 2011, which is part of the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness, referred to in 
Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review 
Board (MRB) document. The complete Airworthiness Limitations Section 
currently consists of:

--Certification Maintenance Requirements (CMRs)--report SE-473, 
issue 8,
--Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs)--
report SE-623, issue 8,
--Fuel ALIs and Critical Design Configuration Control Limitations 
(CDCCLs)--report SE-672, issue 2.

    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2011-0046, which is superseded, and requires 
the implementation of the inspections and limitations as specified 
in the Airworthiness Limitation Section of the Instructions for 
Continued Airworthiness, referred to in Section 06, Appendix 1 of 
the Fokker 70/100 MRB document, reports SE-473, SE-623 and SE-672 at 
the above-mentioned issues.

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

[[Page 9872]]

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

Relevant Service Information

    Fokker Services B.V. has issued the following documents:
     Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 8, dated September 1, 
2009.
     Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Limits,'' Issue 8, dated 
December 20, 2010.
     Fokker Services B.V. Report SE-672, ``Fokker 70/100 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design Configuration 
Control Limitations (CDCCL),'' Issue 2, dated December 1, 2006.
    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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 4 products of U.S. registry.
    The actions that are required by AD 2004-15-08, Amendment 39-13742 
(69 FR 44586, July 27, 2004) and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Required parts cost about $0 per product. The actions that are 
required by AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 
2008) and retained in this proposed AD take about 1 work-hour per 
product, at an average labor rate of $85 per work hour. Required parts 
cost about $0 per product. Based on these figures, the estimated cost 
of the currently required actions is $170 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new 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 $255 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); and
    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.
    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,

[[Page 9873]]

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 removing Amendment 39-13742 (69 FR 
44586, July 27, 2004) and adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2012-0143; Directorate 
Identifier 2011-NM-077-AD.

(a) Comments Due Date

    We must receive comments by April 6, 2012.

(b) Affected ADs

    This AD supersedes AD 2004-15-08, Amendment 39-13742 (69 FR 
44586, July 27, 2004). This AD also affects AD 2008-06-20, Amendment 
39-15432 (73 FR 14661, March 19, 2008).

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes; certificated in any category; all serial numbers.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) 
and/or Critical Design Configuration Control Limitations (CDCCLs). 
Compliance with these actions and/or CDCCLs is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by this AD, the operator 
may not be able to accomplish the actions described in the 
revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval for an alternative method of 
compliance according to paragraph (m) 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.

(d) Subject

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

(e) Reason

    This AD was prompted by a revised Fokker 70/100 maintenance 
review board (MRB) document with revised limitations, tasks, 
thresholds, and intervals. We are issuing this AD 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.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

Restatement of Requirements of AD 2004-15-08, Amendment 39-13742 (69 FR 
44586, July 27, 2004)

(g) New Airworthiness Limitations Revision

    Within 6 months after August 31, 2004 (the effective date of AD 
2004-15-08, Amendment 39-13742 (69 FR 44586, July 27, 2004)), revise 
the Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Fokker Services B.V. Report 
SE-623, ``Fokker 70/100 Airworthiness Limitations Items and Safe 
Life Items,'' Issue 2, dated September 1, 2001; and Fokker Services 
B.V. Report SE-473, ``Fokker 70/100 Certification Maintenance 
Requirements,'' Issue 5, dated July 16, 2001; into Section 6 of the 
Fokker 70/100 MRB document. (These reports are already incorporated 
into Fokker 70/100 MRB document, Revision 10, dated October 1, 
2001.) Once the actions required by this paragraph have been 
accomplished, the original issue of Fokker Services B.V. Report SE-
623, ``Fokker 70/100 Airworthiness Limitations Items and Safe Life 
Items,'' dated June 1, 2000, may be removed from the ALS of the 
Instructions for Continued Airworthiness. Doing the actions in 
paragraph (j) of this AD terminates the requirements of paragraph 
(g) of this AD.

(h) No Alternative Inspections or Intervals

    After the actions specified in paragraph (g) of this AD have 
been accomplished, no alternative inspections or inspection 
intervals may be approved for the structural elements specified in 
the documents listed in paragraph (g) of this AD, except as required 
by paragraph (j) of this AD.

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS 
for certain airplanes, and the FAA-approved maintenance program for 
certain other airplanes, as required by paragraph (i) of this AD, do 
not need to be reworked in accordance with the CDCCLs. However, once 
the ALS for certain airplanes, and the FAA-approved maintenance 
program for certain other airplanes has been revised, future 
maintenance actions on these components must be done in accordance 
with the CDCCLs.

New Requirements of This AD

(i) Maintenance Program Revision

    Within 3 months after the effective date of this AD, revise the 
maintenance program to incorporate the airworthiness limitations 
specified in the Fokker maintenance review board (MRB) documents 
listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD. For all 
tasks and retirement lifes identified in the Fokker MRB documents 
listed in paragraphs (i)(3), (i)(4), and (i)(5) of this AD, the 
initial compliance times start from the later of the times specified 
in paragraphs (i)(1) and (i)(2) of this AD, and the repetitive 
inspections must be accomplished thereafter at the interval 
specified in the Fokker MRB documents listed in paragraphs (i)(3), 
(i)(4), and (i)(5) of this AD.
    (1) Within 3 months after the effective date of this AD.
    (2) At the time specified in the documents listed in paragraphs 
(i)(3), (i)(4), and (i)(5) of this AD.
    (3) Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 8, dated September 
1, 2009.
    (4) Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Limits,'' Issue 8, 
dated December 20, 2010.
    (5) Fokker Services B.V. Report SE-672, ``Fokker 70/100 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL),'' Issue 2, dated December 
1, 2006.

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

    After accomplishing the revision required by paragraph (i) 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 (m)(1) of this AD.

(k) Terminating Action

    Accomplishing the actions in paragraph (i) of this AD terminates 
the requirements of paragraph (g) of this AD.

(l) Method of Compliance With AD 2008-06-20, Amendment 39-15432 (73 FR 
14661, March 19, 2008)

    Accomplishing the actions in paragraph (i) of this AD, 
terminates the requirements of paragraphs (f)(1), (f)(2), (f)(3), 
(f)(4), and (f)(5) of AD 2008-06-20, Amendment 39-15432 (73 FR 
14661, March 19, 2008).

(m) 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, 
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Information may be emailed 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

[[Page 9874]]

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.

(n) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0157, dated 
August 25, 2011, and the service information specified in paragraphs 
(n)(1), (n)(2), and (n)(3) of this AD, for related information.
    (1) Fokker Services B.V. Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 8, dated September 
1, 2009.
    (2) Fokker Services B.V. Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Limits,'' Issue 8, 
dated December 20, 2010.
    (3) Fokker Services B.V. Report SE-672, ``Fokker 70/100 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL),'' Issue 2, dated December 
1, 2006.

    Issued in Renton, Washington, on February 1, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-3906 Filed 2-17-12; 8:45 am]
BILLING CODE 4910-13-P
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