[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Proposed Rules]
[Pages 74039-74042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30007]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-5810; Directorate Identifier 2014-NM-116-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 adopt a new airworthiness directive (AD) for
certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes.
This proposed AD was prompted by a design review that revealed that a
wiring failure, external to the center wing fuel tank, could cause a
hot short circuit to a maximum level sensor wire, and result
[[Page 74040]]
in excessive heating of the maximum level sensor element. This proposed
AD would require modifying the wiring of the maximum level sensors in
the center wing fuel tank, performing after-installation tests, and
corrective action if necessary. This proposed AD would also require
revising the airplane maintenance or inspection program to incorporate
fuel airworthiness limitation items and critical design configuration
control limitations. We are proposing this AD to prevent 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 January 11,
2016.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://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 1357, 2130 EL
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
5810; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this 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; 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-2015-5810;
Directorate Identifier 2014-NM-116-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 http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0138, dated May 30, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Fokker
Services B.V. Model F.28 Mark 0070 and 0100 airplanes. The MCAI states:
* * * [T]he FAA published Special Federal Aviation Regulation
(SFAR) 88, and the Joint Aviation Authorities (JAA) published
Interim Policy INT/POL/25/12.
The review conducted by Fokker Services on the Fokker 70/100
design, in response to these regulations, revealed that a wiring
failure, external to the centre wing fuel tank, causing a hot short
circuit to a maximum (max) level sensor wire may result in excessive
heating of the max level sensor element.
This condition, if not corrected, could create an ignition
source in the centre wing fuel tank vapour space, possibly resulting
in a fuel tank explosion and consequent loss of the aeroplane.
EASA issued AD 2012-0240 [http://ad.easa.europa.eu/blob/easa_ad_2012_0240.pdf/AD_2012-0240], to address this unsafe
condition, which required installation of three fuses in the wiring
of the max level sensor(s) in the centre wing fuel tank per Fokker
Services Service Bulletin (SB) SBF100-28-073. After that AD was
issued, it was found that this technical solution caused fuel spills
during refueling and, consequently, EASA cancelled AD 2012-0240.
More recently, Fokker Services issued SBF100-28-078, which
cancelled SBF100-28-073, to correct the unsafe condition without the
risk of fuel spills.
For the reasons described above, this [EASA] AD requires removal
of one fuse from post-SBF100-28-073 aeroplanes, and installation of
only two fuses on pre-SBF100-28-073 aeroplanes and, subsequently,
the implementation of the associated Critical Design Configuration
Control Limitation (CDCCL) items.
More information this subject can be found in Fokker Services
All Operators Message AOF100.186#03.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2015-5810.
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that
[[Page 74041]]
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, combination of failures, and unacceptable
(failure) experience. For all three failure criteria, the evaluations
included consideration of previous actions taken that may mitigate the
need for further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Related Service Information Under CFR Part 51
Fokker has issued Service Bulletin SBF100-28-078, dated January 23,
2014. The service information describes procedures for modifying the
wiring of the maximum level sensors in the center wing fuel tank,
after-installation tests, and corrective action if necessary. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of this NPRM.
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
We estimate that this proposed AD affects 15 airplanes of U.S.
registry.
We also estimate that it would take up to 9 work-hours per product
to modify the wiring of the maximum level sensors in the center wing
fuel tank, as specified in this proposed AD. The average labor rate is
$85 per work-hour. Required parts would cost about $1,700 per product.
Based on these figures, we estimate the cost of this proposed
modification on U.S. operators to be up to $36,975, or up to $2,465 per
product.
We also estimate that it would take about 1 work-hour per product
to revise the maintenance or inspection program as specified in this
proposed AD. The average labor rate is $85 per work-hour. Based on
these figures, we estimate the cost of this proposed revision on U.S.
operators to be $1,275, or $85 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.
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Fokker Services B.V.: Docket No. FAA-2015-5810; Directorate
Identifier 2014-NM-116-AD.
(a) Comments Due Date
We must receive comments by January 11, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes, certificated in any category, equipped with a center
wing tank.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by a design review which revealed that a
wiring failure, external to the center wing fuel tank, could cause a
hot short circuit to a maximum level sensor wire, and result in
excessive heating of the maximum level sensor element. We are
issuing this AD to prevent 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
Comply with this AD within the compliance times specified,
unless already done.
(g) Wiring Modification
Within 24 months after the effective date of this AD: Modify the
wiring of the maximum level sensors of the center wing fuel tank, as
specified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
Before further flight after accomplishing the modification,
[[Page 74042]]
do all applicable tests and corrective actions, in accordance with
Part 5 of the Accomplishment Instructions of Fokker Service Bulletin
SBF100-28-078, dated January 23, 2014.
(1) For post-SBF100-28-073 configuration airplanes: Do the
modification in accordance with Part 1 or Part 3, as applicable, of
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-078, dated January 23, 2014.
(2) For pre-SBF100-28-073 configuration airplanes: Do the
modification in accordance with Part 2 or Part 4, as applicable, of
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-078, dated January 23, 2014.
(h) Revise Maintenance or Inspection Program
Within 30 days after installing the modification specified in
paragraph (g)(1) or (g)(2) of this AD, as applicable: Revise the
airplane maintenance or inspection program, as applicable, to
incorporate the fuel airworthiness limitation items and critical
design configuration control limitations (CDCCLs) specified in
paragraph 2.L.(1)(c) of Fokker Service Bulletin SBF100-28-078, dated
January 23, 2014.
(i) No Alternative Actions, Intervals, and/or CDCCLs
After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance in accordance with
the procedures specified in paragraph (j)(1) of this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137;
fax 425-227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Fokker B.V. Service's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0138, dated May 30, 2014,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating it in Docket No. FAA-2015-5810.
(2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call 425-227-1221.
Issued in Renton, Washington, on November 17, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-30007 Filed 11-25-15; 8:45 am]
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