[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Rules and Regulations]
[Pages 35340-35342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14340]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0220; Directorate Identifier 2010-NM-259-AD;
Amendment 39-16721; AD 2011-12-14]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Model F.28 Mark
0070 and 0100 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
* * * The Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and
Fokker 70 type design in response to these regulations, revealed
that the fuel sense line from the overflow valves may touch the
adjacent fuel-quantity indication-probe. Under certain conditions,
this may result in an ignition source in the wing tank vapour space.
This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective July 22, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 22,
2011.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 15, 2011 (76
FR 13921). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
* * * The Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and
Fokker 70 type design in response to these regulations, revealed
that the fuel sense line from the overflow valves may touch the
adjacent fuel-quantity indication-probe. Under certain conditions,
this may result in an ignition source in the wing tank vapour space.
This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
For the reasons described above, this AD requires a one-time
[general visual] inspection to check the route and clamping of the
sense line hose and wiring conduit hose to each wing tank overflow
valve and, depending on the findings, the necessary corrective
actions.
Corrective actions include installing two brackets next to the overflow
valve on the main tank access panel, making a modification to the
routing of the hose for the sense line, and installing clamps to keep
the hoses in position. Required actions also include revising the
maintenance program to include a Critical Design Configuration Control
Limitation (CDCCL). You may obtain further information by examining the
MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 6 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $1,020, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $800, for a cost of
$1,140 per product. We have no way of determining the number of
products that may need these actions.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will
[[Page 35341]]
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 AD:
1. Is not a ''significant regulatory action'' under Executive Order
12866;
2. Is not a ''significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2011-12-14 Fokker Services B.V.: Amendment 39-16721. Docket No. FAA-
2011-0220; Directorate Identifier 2010-NM-259-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 22,
2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Services B.V. Model F.28 Mark
0070 and 0100 airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new actions (e.g., inspections)
and/or CDCCLs. Compliance with these actions and/or CDCCLs is
required by 14 CFR 91.403(c). For airplanes that have been
previously modified, altered, or repaired in the areas addressed by
this AD, the operator may not be able to accomplish the actions
described in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (l) of this AD. The
request should include a description of changes to the required
actions that will ensure the continued operational safety of the
airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * The Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review, conducted by Fokker Services on the Fokker 100 and
Fokker 70 type design in response to these regulations, revealed
that the fuel sense line from the overflow valves may touch the
adjacent fuel-quantity indication-probe. Under certain conditions,
this may result in an ignition source in the wing tank vapour space.
This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) At a scheduled opening of the fuel tank, but not later than
84 months after the effective date of this AD, do a general visual
inspection of the routing and clamping of the sense line hose and
wiring conduit hose to each wing tank overflow valve, in accordance
with Part 1 of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-28-050, Revision 1, dated July 28, 2010.
(h) If incorrect routing or clamping of the hoses is found
during the inspection required by paragraph (g) of this AD, before
further flight, install two brackets next to the overflow valve on
the main tank access panel, make a modification to the routing of
the hose for the sense line, and install clamps to keep the hoses in
position, in accordance with Part 2 of the Accomplishment
Instructions of Fokker Service Bulletin SBF100-28-050, Revision 1,
dated July 28, 2010.
Critical Design Configuration Control Limitations (CDCCL)
(i) Before further flight after determining that the routing and
clamping of the sense line hose and wiring conduit hose to each wing
tank overflow valve are correct, as required by paragraph (g) of
this AD; or before further flight after doing the modification, as
required by paragraph (h) of this AD; as applicable: Revise the
aircraft maintenance program by incorporating the CDCCL in paragraph
1.L.(1)(c) of Fokker Service Bulletin SBF100-28-050, Revision 1,
dated July 28, 2010.
No Alternative Inspections, Inspection Intervals, or CDCCLs
(j) After accomplishing the revision required by paragraph (i)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l) of this
AD.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(k) Actions done before the effective date of this AD in
accordance with Fokker Service Bulletin SBF100-28-050, dated June 3,
2010, are acceptable for compliance with the corresponding
requirements of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: Although European Aviation Safety Agency (EASA)
Airworthiness Directive 2010-0159, dated August 3, 2010, specifies
revising the maintenance program to include limitations, doing
certain repetitive actions (e.g., inspections), and/or maintaining
CDCCLs, this AD only requires the revision. Requiring a revision of
the maintenance program, rather than requiring individual repetitive
actions and/or maintaining CDCCLs, requires operators to record AD
compliance only at the time the revision is made. Repetitive actions
and/or maintaining CDCCLs specified in the airworthiness limitations
must be complied with in accordance with 14 CFR 91.403(c).
Other FAA AD Provisions
(l) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to Attn: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind
[[Page 35342]]
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; fax (425) 227-1149. Information may be e-mailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(m) Refer to MCAI EASA Airworthiness Directive 2010-0159, dated
August 3, 2010; and Fokker Service Bulletin SBF100-28-050, Revision
1, dated July 28, 2010; for related information.
Material Incorporated by Reference
(n) You must use Fokker Service Bulletin SBF100-28-050, Revision
1, dated July 28, 2010, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; e-mail
[email protected]; Internet http://www.myfokkerfleet.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 2, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-14340 Filed 6-16-11; 8:45 am]
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