Airworthiness Directives; Fokker Services B.V. Airplanes, 33332-33334 [2012-13671]
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33332
Proposed Rules
Federal Register
Vol. 77, No. 109
Wednesday, June 6, 2012
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0589; Directorate
Identifier 2011–NM–189–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 two
existing airworthiness directives (AD)
that apply to certain Fokker Services
B.V. Model F.28 Mark 0100 airplanes.
The first existing AD currently requires
removing the actuator from the fuelbalance transfer-valve (FBTV) and
installing a locking device on the FBTV.
The second existing AD currently
requires inspecting to verify that the
position indicator of the FBTV is in the
closed position and deactivating the
fuel-balance transfer-system. Since we
issued those ADs, we have received
reports that the FBTV was inadvertently
reactivated after required de-activation
measures were undone. This proposed
AD would require installing an FBTV
locking device. We are proposing this
AD to prevent fuel starvation and
consequently a double-engine flameout,
possibly resulting in a forced landing,
damage to the airplane, and injury to
occupants.
DATES: We must receive comments on
this proposed AD by July 23, 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.
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SUMMARY:
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• 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, WA
98057–3356; phone: (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–2012–0589; Directorate Identifier
2011–NM–189–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.
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Fmt 4702
Sfmt 4702
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 June 23, 1994, we issued AD 94–
14–05, Amendment 39–8957 (59 FR
35237, July 11, 1994), and on March 21,
1996, we issued AD 96–07–06,
Amendment 39–9555 (61 FR 14014,
March 29, 1996). Those ADs required
actions intended to address an unsafe
condition on Model F.28 Mark 0100
airplanes.
Since we issued AD 94–14–05,
Amendment 39–8957 (59 FR 35237, July
11, 1994), and AD 96–07–06,
Amendment 39–9555 (61 FR 14014,
March 29, 1996): The European
Aviation Safety Agency (EASA), which
is the Technical Agent for the Member
States of the European Community, has
issued EASA Airworthiness Directive
2011–0158, dated August 26, 2011
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
Some Fokker F28 Mark 0100 (Fokker 100)
aeroplanes were delivered from the
production line with a Fuel-Balance
Transfer-System (FBTS) installed. Other
Fokker 100 aeroplanes were delivered with
only FBTS provisions and for some of those,
an option existed for in-service activation of
the FBTS, through Fokker Service Bulletin
(SB) SBF100–28–021.
The FBTS was designed to be used during
maintenance activities to move the Centre of
Gravity (CG) forward by transferring fuel
from the main tanks to the centre tank
through the crossfeed system and a FuelBalance Transfer-Valve (FBTV).
In 1993, a dormant failure mode was
discovered, which could lead to fuel
starvation and consequently to a double
engine flame-out, possibly resulting in a
forced landing, damage to the aeroplane and
injury to occupants. To address and correct
this unsafe condition, CAA–NL [Civil
Aviation Authority—Netherlands] issued AD
BLA 93–160, which required modification of
the FBTV (Fokker SBF100–28–029) [which
corresponds to FAA AD 94–14–05,
Amendment 39–8957 (59 FR 35237, July 11,
1994)], and later BLA 94–146, which
required deactivation of the FBTS (Fokker
SBF100–28–030) [which corresponds to FAA
AD 96–07–06, Amendment 39–9555 (61 FR
14014, March 29, 1996)].
Recently, one operator reported that on two
aeroplanes, the FBTS had inadvertently been
reactivated. SBF100–28–030 had been
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
accomplished on both aeroplanes but
apparently, (some of) the de-activation
measures introduced with that SB were later
made undone. Subsequent investigation also
showed that Fokker SBF100–28–021,
containing instructions for activating the
FBTS, had inadvertently been left active
when SBF100–28–029 and SBF100–28–030
were published. To address this safety
concern, Fokker Services have issued
SBF100–28–066, which introduces a task to
deactivate the FBTS to a greater extent than
previously required. At the same time,
SBF100–28–021 has been cancelled by its
Revision 1.
For the reasons described above, this
[EASA] AD retains the requirements of CAA–
NL [airworthiness directives] BLA 93–160
and BLA 94–146, which are superseded, and
requires the accomplishment of additional
measures to deactivate the FBTS [modify the
airplane by installing an FBTV locking
device], in accordance with the instructions
of Fokker Services SBF100–28–066.
You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Fokker Services B.V. has issued
Fokker Service Bulletin SBF100–28–
066, dated June 30, 2011, which
includes the following attachments
(* the issue date is not specified on the
drawing):
• Fokker Manual Change
Notification—Maintenance
Documentation MCNM–F100–145,
dated June 30, 2011.
• Fokker Manual Change
Notification—Operational
Documentation MCNO–F100–059, dated
June 30, 2011.
• Fokker Drawing W41190, Sheet
013, Issue P.*
• Fokker Drawing W41190, Sheet
014, Issue P.*
• Fokker Drawing W41190, Sheet
016, Issue P.*
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
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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.
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33333
Costs of Compliance
Regulatory Findings
Based on the service information, we
estimate that this proposed AD would
affect about 2 products of U.S. registry.
The actions that are required by AD
94–14–05, Amendment 39–8957 (59 FR
35237, July 11, 1994), 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 $250 per product. Based
on these figures, the estimated cost of
the currently required actions is $335
per product.
The actions required by AD 96–07–06,
Amendment 39–9555 (61 FR 14014,
March 29, 1996), 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 $85 per
product.
We estimate that it would take about
5 work-hours per product to comply
with the new basic requirements of this
proposed AD. The average labor rate is
$85 per work-hour. Required parts
would cost about $650 per product.
Where the service information lists
required parts costs that are covered
under warranty, we have assumed that
there will be no charge for these parts.
As we do not control warranty coverage
for affected parties, some parties may
incur costs higher than estimated here.
Based on these figures, we estimate the
cost of the proposed AD on U.S.
operators to be $2,150, or $1,075 per
product.
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
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.
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Fmt 4702
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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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing airworthiness directive (AD)
94–14–05, Amendment 39–8957 (59 FR
35237, July 11, 1994); and AD 96–07–
06, Amendment 39–9555 (61 FR 14014,
March 29, 1996); and adding the
following new AD:
Fokker Services B.V.: Docket No. FAA–
2012–0589; Directorate Identifier 2011–
NM–189–AD.
(a) Comments Due Date
We must receive comments by July 23,
2012.
(b) Affected ADs
This AD supersedes AD 94–14–05,
Amendment 39–8957 (59 FR 35237, July 11,
1994); and AD 96–07–06, Amendment 39–
9555 (61 FR 14014, March 29, 1996).
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
(c) Applicability
This AD applies to Fokker Services B.V.
Model F.28 Mark 0100 airplanes; certificated
in any category; serial numbers 11257, 11258,
11261, 11262, 11264, 11265, 11266, 11284,
11285, 11287, 11288, 11290, 11292, 11294,
11296, 11298, 11299, 11301, 11302, 11304,
11305, 11307, 11309, 11311, 11315, 11317,
11319, 11320, 11322, 11336, 11339, 11341
through 11344 inclusive, 11347, 11348,
11350, 11351, 11362, 11363, 11364, 11371,
11374, 11375, 11382, 11383, 11384, 11389,
11390, 11394, 11400, 11401, 11409, 11410,
11420 through 11424 inclusive, 11429,
11430, 11431, 11433, 11441 through 11456
inclusive, 11461, 11462, 11463, 11470
through 11475 inclusive, 11477, 11484,
11485, 11486, 11488, 11489, 11496, 11497,
11500, 11503, 11505, 11511, 11512, 11516,
11517, 11518, and 11527.
(d) Subject
Air Transport Association (ATA) of
America Code 28: Fuel.
(e) Reason
This AD was prompted by reports that the
fuel-balance transfer-valve (FBTV) was
inadvertently reactivated after required deactivation measures were undone. We are
issuing this AD to prevent fuel starvation and
consequently a double-engine flameout,
possibly resulting in a forced landing,
damage to the airplane, and injury to
occupants.
(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.
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(g) Retained Installation of a Locking Device
for the FBTV
This paragraph restates the requirements of
paragraph (a) of AD 94–14–05, Amendment
39–8957 (59 FR 35237, July 11, 1994). For
airplanes having serial numbers 11443,
11446 through 11449 inclusive, and 11456:
Within 30 days after August 10, 1994 (the
effective date of AD 94–14–05), remove the
actuator from the fuel-balance transfer-valve,
part number (P/N) 7933141J and install a
locking device on the fuel-balance transfervalve, in accordance with the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–029, Revision 1,
dated November 30, 1993.
(h) Retained Inspection and Deactivation
(1) This paragraph restates the
requirements of paragraphs (a) and (b) of AD
96–07–06, Amendment 39–9555 (61 FR
14014, March 29, 1996). For airplanes
identified in Fokker Service Bulletin
SBF100–28–030, Revision 1, dated December
5, 1994: After April 29, 1996 (the effective
date of AD 96–07–06), whenever the fuel
balance transfer system (FBTS) is used
during maintenance, prior to further flight,
perform an inspection to verify that the
position indicator of the FBTV is in the
closed position, in accordance with Fokker
Service Bulletin SBF100–28–030, Revision 1,
dated December 5, 1994. The inspection
requirements of this paragraph must be
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accomplished until the deactivation required
by paragraph (h)(2) of this AD is
accomplished.
(i) If the position indicator is in the closed
position, no further action is required by this
paragraph.
(ii) If the position indicator is in the open
position, close the FBTV, in accordance with
the Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–030, Revision 1,
dated December 5, 1994.
(2) Within 90 days after April 29, 1996 (the
effective date of AD 96–07–06, Amendment
39–9555 (61 FR 14014, March 29, 1996)),
deactivate the FBTS in accordance with
either Part 2 or Part 3, as applicable, of the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–030, Revision 1,
dated December 5, 1994. Accomplishment of
the deactivation constitutes terminating
action for the repetitive inspection
requirements of paragraph (h)(1) of this AD.
(i) New Requirements of This AD
Within 12 months after the effective date
of this AD, modify the airplane by installing
an FBTV locking device, in accordance with
the Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–066, dated June
30, 2011, which includes the attachments
identified in paragraphs (i)(1) through (i)(5)
of this AD (* the issue date is not specified
on the drawing.)
(1) Fokker Manual Change Notification—
Maintenance Documentation MCNM–F100–
145, dated June 30, 2011.
(2) Fokker Manual Change Notification—
Operational Documentation MCNO–F100–
059, dated June 30, 2011.
(3) Fokker Drawing W41190, Sheet 013,
Issue P.*
(4) Fokker Drawing W41190, Sheet 014,
Issue P.*
(5) Fokker Drawing W41190, Sheet 016,
Issue P.*
(j) Prohibited Modification
As of the effective date of this AD, no
person may modify any airplane using the
Accomplishment Instructions of Fokker
Services Bulletin SBF100–28–021, dated
September 6, 1991. That service bulletin was
cancelled by Fokker Service Bulletin
SBF100–28–021, Revision 1, dated June 30,
2011.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, 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.
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Fmt 4702
Sfmt 4702
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.
(l) Related Information
Refer to MCAI EASA Airworthiness
Directive 2011–0158, dated August 26, 2011,
and the service information specified in
paragraphs (l)(1), (l)(2), and (l)(3) for related
information.
(1) Fokker Service Bulletin SBF100–28–
029, Revision 1, dated November 30, 1993.
(2) Fokker Service Bulletin SBF100–28–
030, Revision 1, dated December 5, 1994.
(3) Fokker Service Bulletin SBF100–28–
066, dated June 30, 2011, which includes the
attachments identified in paragraphs (l)(3)(i)
through (l)(3)(v) of this AD (* the issue date
is not specified on the drawing.)
(i) Fokker Manual Change Notification—
Maintenance Documentation MCNM–F100–
145, dated June 30, 2011.
(ii) Fokker Manual Change Notification—
Operational Documentation MCNO–F100–
059, dated June 30, 2011.
(iii) Fokker Drawing W41190, Sheet 013,
Issue P.*
(iv) Fokker Drawing W41190, Sheet 014,
Issue P.*
(v) Fokker Drawing W41190, Sheet 016,
Issue P.*
Issued in Renton, Washington, on May 24,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–13671 Filed 6–5–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0590; Directorate
Identifier 2011–NM–112–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
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 Model ERJ 190–100
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33332-33334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13671]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 /
Proposed Rules
[[Page 33332]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0589; Directorate Identifier 2011-NM-189-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede two existing airworthiness directives
(AD) that apply to certain Fokker Services B.V. Model F.28 Mark 0100
airplanes. The first existing AD currently requires removing the
actuator from the fuel-balance transfer-valve (FBTV) and installing a
locking device on the FBTV. The second existing AD currently requires
inspecting to verify that the position indicator of the FBTV is in the
closed position and deactivating the fuel-balance transfer-system.
Since we issued those ADs, we have received reports that the FBTV was
inadvertently reactivated after required de-activation measures were
undone. This proposed AD would require installing an FBTV locking
device. We are proposing this AD to prevent fuel starvation and
consequently a double-engine flameout, possibly resulting in a forced
landing, damage to the airplane, and injury to occupants.
DATES: We must receive comments on this proposed AD by July 23, 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, WA 98057-3356; phone: (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-2012-0589;
Directorate Identifier 2011-NM-189-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 June 23, 1994, we issued AD 94-14-05, Amendment 39-8957 (59 FR
35237, July 11, 1994), and on March 21, 1996, we issued AD 96-07-06,
Amendment 39-9555 (61 FR 14014, March 29, 1996). Those ADs required
actions intended to address an unsafe condition on Model F.28 Mark 0100
airplanes.
Since we issued AD 94-14-05, Amendment 39-8957 (59 FR 35237, July
11, 1994), and AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29,
1996): The European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2011-0158, dated August 26, 2011
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
Some Fokker F28 Mark 0100 (Fokker 100) aeroplanes were delivered
from the production line with a Fuel-Balance Transfer-System (FBTS)
installed. Other Fokker 100 aeroplanes were delivered with only FBTS
provisions and for some of those, an option existed for in-service
activation of the FBTS, through Fokker Service Bulletin (SB) SBF100-
28-021.
The FBTS was designed to be used during maintenance activities
to move the Centre of Gravity (CG) forward by transferring fuel from
the main tanks to the centre tank through the crossfeed system and a
Fuel-Balance Transfer-Valve (FBTV).
In 1993, a dormant failure mode was discovered, which could lead
to fuel starvation and consequently to a double engine flame-out,
possibly resulting in a forced landing, damage to the aeroplane and
injury to occupants. To address and correct this unsafe condition,
CAA-NL [Civil Aviation Authority--Netherlands] issued AD BLA 93-160,
which required modification of the FBTV (Fokker SBF100-28-029)
[which corresponds to FAA AD 94-14-05, Amendment 39-8957 (59 FR
35237, July 11, 1994)], and later BLA 94-146, which required
deactivation of the FBTS (Fokker SBF100-28-030) [which corresponds
to FAA AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29,
1996)].
Recently, one operator reported that on two aeroplanes, the FBTS
had inadvertently been reactivated. SBF100-28-030 had been
[[Page 33333]]
accomplished on both aeroplanes but apparently, (some of) the de-
activation measures introduced with that SB were later made undone.
Subsequent investigation also showed that Fokker SBF100-28-021,
containing instructions for activating the FBTS, had inadvertently
been left active when SBF100-28-029 and SBF100-28-030 were
published. To address this safety concern, Fokker Services have
issued SBF100-28-066, which introduces a task to deactivate the FBTS
to a greater extent than previously required. At the same time,
SBF100-28-021 has been cancelled by its Revision 1.
For the reasons described above, this [EASA] AD retains the
requirements of CAA-NL [airworthiness directives] BLA 93-160 and BLA
94-146, which are superseded, and requires the accomplishment of
additional measures to deactivate the FBTS [modify the airplane by
installing an FBTV locking device], in accordance with the
instructions of Fokker Services SBF100-28-066.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Fokker Services B.V. has issued Fokker Service Bulletin SBF100-28-
066, dated June 30, 2011, which includes the following attachments (*
the issue date is not specified on the drawing):
Fokker Manual Change Notification--Maintenance
Documentation MCNM-F100-145, dated June 30, 2011.
Fokker Manual Change Notification--Operational
Documentation MCNO-F100-059, dated June 30, 2011.
Fokker Drawing W41190, Sheet 013, Issue P.*
Fokker Drawing W41190, Sheet 014, Issue P.*
Fokker Drawing W41190, Sheet 016, Issue P.*
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 2 products of U.S. registry.
The actions that are required by AD 94-14-05, Amendment 39-8957 (59
FR 35237, July 11, 1994), 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 $250 per product. Based on these figures, the
estimated cost of the currently required actions is $335 per product.
The actions required by AD 96-07-06, Amendment 39-9555 (61 FR
14014, March 29, 1996), 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 $85 per product.
We estimate that it would take about 5 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $650
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $2,150, or $1,075 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
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 removing airworthiness directive
(AD) 94-14-05, Amendment 39-8957 (59 FR 35237, July 11, 1994); and AD
96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 1996); and adding
the following new AD:
Fokker Services B.V.: Docket No. FAA-2012-0589; Directorate
Identifier 2011-NM-189-AD.
(a) Comments Due Date
We must receive comments by July 23, 2012.
(b) Affected ADs
This AD supersedes AD 94-14-05, Amendment 39-8957 (59 FR 35237,
July 11, 1994); and AD 96-07-06, Amendment 39-9555 (61 FR 14014,
March 29, 1996).
[[Page 33334]]
(c) Applicability
This AD applies to Fokker Services B.V. Model F.28 Mark 0100
airplanes; certificated in any category; serial numbers 11257,
11258, 11261, 11262, 11264, 11265, 11266, 11284, 11285, 11287,
11288, 11290, 11292, 11294, 11296, 11298, 11299, 11301, 11302,
11304, 11305, 11307, 11309, 11311, 11315, 11317, 11319, 11320,
11322, 11336, 11339, 11341 through 11344 inclusive, 11347, 11348,
11350, 11351, 11362, 11363, 11364, 11371, 11374, 11375, 11382,
11383, 11384, 11389, 11390, 11394, 11400, 11401, 11409, 11410, 11420
through 11424 inclusive, 11429, 11430, 11431, 11433, 11441 through
11456 inclusive, 11461, 11462, 11463, 11470 through 11475 inclusive,
11477, 11484, 11485, 11486, 11488, 11489, 11496, 11497, 11500,
11503, 11505, 11511, 11512, 11516, 11517, 11518, and 11527.
(d) Subject
Air Transport Association (ATA) of America Code 28: Fuel.
(e) Reason
This AD was prompted by reports that the fuel-balance transfer-
valve (FBTV) was inadvertently reactivated after required de-
activation measures were undone. We are issuing this AD to prevent
fuel starvation and consequently a double-engine flameout, possibly
resulting in a forced landing, damage to the airplane, and injury to
occupants.
(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.
(g) Retained Installation of a Locking Device for the FBTV
This paragraph restates the requirements of paragraph (a) of AD
94-14-05, Amendment 39-8957 (59 FR 35237, July 11, 1994). For
airplanes having serial numbers 11443, 11446 through 11449
inclusive, and 11456: Within 30 days after August 10, 1994 (the
effective date of AD 94-14-05), remove the actuator from the fuel-
balance transfer-valve, part number (P/N) 7933141J and install a
locking device on the fuel-balance transfer-valve, in accordance
with the Accomplishment Instructions of Fokker Service Bulletin
SBF100-28-029, Revision 1, dated November 30, 1993.
(h) Retained Inspection and Deactivation
(1) This paragraph restates the requirements of paragraphs (a)
and (b) of AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29,
1996). For airplanes identified in Fokker Service Bulletin SBF100-
28-030, Revision 1, dated December 5, 1994: After April 29, 1996
(the effective date of AD 96-07-06), whenever the fuel balance
transfer system (FBTS) is used during maintenance, prior to further
flight, perform an inspection to verify that the position indicator
of the FBTV is in the closed position, in accordance with Fokker
Service Bulletin SBF100-28-030, Revision 1, dated December 5, 1994.
The inspection requirements of this paragraph must be accomplished
until the deactivation required by paragraph (h)(2) of this AD is
accomplished.
(i) If the position indicator is in the closed position, no
further action is required by this paragraph.
(ii) If the position indicator is in the open position, close
the FBTV, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-28-030, Revision 1, dated December 5,
1994.
(2) Within 90 days after April 29, 1996 (the effective date of
AD 96-07-06, Amendment 39-9555 (61 FR 14014, March 29, 1996)),
deactivate the FBTS in accordance with either Part 2 or Part 3, as
applicable, of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-28-030, Revision 1, dated December 5, 1994.
Accomplishment of the deactivation constitutes terminating action
for the repetitive inspection requirements of paragraph (h)(1) of
this AD.
(i) New Requirements of This AD
Within 12 months after the effective date of this AD, modify the
airplane by installing an FBTV locking device, in accordance with
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-066, dated June 30, 2011, which includes the attachments
identified in paragraphs (i)(1) through (i)(5) of this AD (* the
issue date is not specified on the drawing.)
(1) Fokker Manual Change Notification--Maintenance Documentation
MCNM-F100-145, dated June 30, 2011.
(2) Fokker Manual Change Notification--Operational Documentation
MCNO-F100-059, dated June 30, 2011.
(3) Fokker Drawing W41190, Sheet 013, Issue P.*
(4) Fokker Drawing W41190, Sheet 014, Issue P.*
(5) Fokker Drawing W41190, Sheet 016, Issue P.*
(j) Prohibited Modification
As of the effective date of this AD, no person may modify any
airplane using the Accomplishment Instructions of Fokker Services
Bulletin SBF100-28-021, dated September 6, 1991. That service
bulletin was cancelled by Fokker Service Bulletin SBF100-28-021,
Revision 1, dated June 30, 2011.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 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.
(l) Related Information
Refer to MCAI EASA Airworthiness Directive 2011-0158, dated
August 26, 2011, and the service information specified in paragraphs
(l)(1), (l)(2), and (l)(3) for related information.
(1) Fokker Service Bulletin SBF100-28-029, Revision 1, dated
November 30, 1993.
(2) Fokker Service Bulletin SBF100-28-030, Revision 1, dated
December 5, 1994.
(3) Fokker Service Bulletin SBF100-28-066, dated June 30, 2011,
which includes the attachments identified in paragraphs (l)(3)(i)
through (l)(3)(v) of this AD (* the issue date is not specified on
the drawing.)
(i) Fokker Manual Change Notification--Maintenance Documentation
MCNM-F100-145, dated June 30, 2011.
(ii) Fokker Manual Change Notification--Operational
Documentation MCNO-F100-059, dated June 30, 2011.
(iii) Fokker Drawing W41190, Sheet 013, Issue P.*
(iv) Fokker Drawing W41190, Sheet 014, Issue P.*
(v) Fokker Drawing W41190, Sheet 016, Issue P.*
Issued in Renton, Washington, on May 24, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-13671 Filed 6-5-12; 8:45 am]
BILLING CODE 4910-13-P