AD 2011-07-12

[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20493-20496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-7743]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0262; Directorate Identifier 2010-NM-215-AD; 
Amendment 39-16649; AD 2011-07-12]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Model F.27 Mark 
050 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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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:

    * * * [T]he Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) has published Interim Policy INT/POL/25/
12. The review conducted by Fokker Services on the Fokker 50 and 
Fokker 60 type design, in response to these regulations, revealed 
that the clearance between parts of the main landing gear (MLG) and 
the fuel pipes may be insufficient.
    This condition, if not detected and corrected, could lead to 
chafing, possibly resulting in fuel leakage and, in combination with 
other factors, a fuel fire.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 28, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 28, 
2011.
    We must receive comments on this AD by May 31, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (phone: 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; phone: 425-227-
1137; fax: 425-227-1149.

SUPPLEMENTARY INFORMATION:

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 2010-0197, dated October 1, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    * * * [T]he Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) has published Interim Policy INT/POL/25/
12. The review conducted by Fokker Services on the Fokker 50 and 
Fokker 60 type design, in response to these regulations, revealed 
that the clearance between parts of the main landing gear (MLG) and 
the fuel pipes may be insufficient.
    This condition, if not detected and corrected, could lead to 
chafing, possibly resulting in fuel leakage and, in combination with 
other factors, a fuel fire.
    EASA issued AD 2010-0182 to require actions to ensure that a 
minimum clearance is maintained between the parts of the MLG and the 
fuel pipes in both nacelles.
    Since that AD was issued, it was discovered that aeroplane 
serial numbers 20133 through 20142 were erroneously omitted in the 
original Fokker Service Bulletins (SB) and consequently the AD did 
not apply to those aeroplanes. The two SB's (some typographical 
errors in part numbers were also found) have now been revised to 
correct this omission.
    For the reasons described above, this new AD retains the 
requirements of AD 2010-0182, which is superseded, and expands the 
Applicability to add the 10 missing serial numbers.

    The required actions include an inspection to determine fuel pipe 
part numbers, a general visual inspection to determine the clearance 
between certain fuel pipes and parts of the main landing gear, and 
replacement of certain pipes with insufficient main landing gear 
clearance. The required actions also include revising the maintenance 
program to incorporate a fuel limitation and a critical design 
configuration control limitation (CDCCL). You may obtain further 
information by examining the MCAI in the AD docket.
    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).

[[Page 20494]]

    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88. (The JAA is an associated body of the European 
Civil Aviation Conference (ECAC) representing the civil aviation 
regulatory authorities of a number of European States who have agreed 
to co-operate in developing and implementing common safety regulatory 
standards and procedures.) Under this regulation, the JAA stated that 
all members of the ECAC that hold type certificates for transport 
category airplanes are required to conduct a design review against 
explosion risks.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF50-28-028, 
Revision 1, dated September 15, 2010; and Service Bulletin SBF50-28-
031, Revision 1, dated September 15, 2010. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-0262; Directorate 
Identifier 2010-NM-215-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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.

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,

[[Page 20495]]

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:

2011-07-12 Fokker Services B.V.: Amendment 39-16649. Docket No. FAA-
2011-0262; Directorate Identifier 2010-NM-215-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
28, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.27 Mark 050 
airplanes; certificated in any category; serial numbers 20133 
through 20335 inclusive; except those with inboard fuel tanks 
installed.

    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 of an alternative method of 
compliance (AMOC) according to paragraph (n) 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 continued airworthiness information (MCAI) 
states:

    * * * [T]he Federal Aviation Administration (FAA) has published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) has published Interim Policy INT/POL/25/
12. The review conducted by Fokker Services on the Fokker 50 and 
Fokker 60 type design, in response to these regulations, revealed 
that the clearance between parts of the main landing gear (MLG) and 
the fuel pipes may be insufficient.
    This condition, if not detected and corrected, could lead to 
chafing, possibly resulting in fuel leakage and, in combination with 
other factors, a fuel fire.

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.

Inspection

    (g) Within 6 months after the effective date of this AD: Inspect 
the part numbers of each fuel pipe (two in each nacelle), in 
accordance with Part 1 of the Accomplishment Instructions of Fokker 
Service Bulletin SBF50-28-028, Revision 1, dated September 15, 2010.
    (h) If, as a result of the inspection required by paragraph (g) 
of this AD, fuel pipe part numbers other than those specified in 
Part 1 of the Accomplishment Instructions of Fokker Service Bulletin 
SBF50-28-028, Revision 1, dated September 15, 2010, are found to be 
installed: Before further flight, do a general visual inspection to 
determine the clearance between the fuel pipes and the parts of the 
main landing gear, and for chafing marks, in accordance with Part 2 
of the Accomplishment Instructions of Fokker Service Bulletin SBF50-
28-028, Revision 1, dated September 15, 2010.

Fuel Pipe Replacement

    (i) If, during the inspection required by paragraph (h) of this 
AD, the measured clearance is less than or equal to 3.0 mm and 
greater than 1.5 mm for one or more fuel pipes, and no chafing marks 
are found: Within 24 months after the effective date of this AD, 
install new fuel pipes in both engine nacelles, in accordance with 
the Accomplishment Instructions of Fokker Service Bulletin SBF50-28-
031, Revision 1, dated September 15, 2010.
    (j) If, during the inspection required by paragraph (h) of this 
AD, the measured clearance is less than or equal to 1.5 mm for one 
or more fuel pipes, or chafing marks are found on one or more fuel 
pipes: Before further flight, install new fuel pipes in both engine 
nacelles, in accordance with the Accomplishment Instructions of 
Fokker's Service Bulletin SBF50-28-031, Revision 1, dated September 
15, 2010.

Maintenance Program Revision To Add Fuel Airworthiness Limitation

    (k) Within 6 months after the effective date of this AD, revise 
the airplane maintenance program by incorporating the limitations 
specified in paragraphs (k)(1) and (k)(2) of this AD.
    (1) The CDCCL specified in paragraph 1.L.(1)(c) of Fokker 
Service Bulletin SBF50-28-031, Revision 1, dated September 15, 2010.
    (2) The fuel airworthiness limitation specified in paragraph 
1.L.(1)(c) of Fokker Service Bulletin SBF50-28-028, Revision 1, 
dated September 15, 2010. The initial compliance time for doing the 
inspection is within 4,800 flight hours after doing the inspection 
required by paragraph (h) of this AD.

No Alternative Actions, Intervals, and/or CDCCLs

    (l) After accomplishing the revision required by paragraph (k) 
of this AD, no alternative actions (e.g., inspection, interval) and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs 
are approved as an AMOC in accordance with the procedures specified 
in paragraph (n) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (m) Actions accomplished prior to the effective date of this AD, 
in accordance with Fokker Service Bulletin SBF50-28-028, dated May 
20, 2010; or Service Bulletin SBF50-28-031, dated May 20, 2010; as 
applicable; are acceptable to comply 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 EASA Airworthiness Directive 2010-0197, dated October 
1, 2010, specifies both revising the maintenance program to include 
airworthiness limitations, and 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

    (n) 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. Send information to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; phone: 425-227-1137; fax: 425-227-1149. 
Information may be e-mailed to: <a href="/cdn-cgi/l/email-protection#a69f8be7e8eb8b9797908be7ebe9e58bf4e3f7f3e3f5f2f5e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="5b62761a1516766a6a6d761a16141876091e0a0e1e080f081b3d3a3a753c342d">[email&#160;protected]</span></a>. 
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) 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

    (o) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0197, dated October 01, 2010; Fokker 
Service Bulletin SBF50-28-028, Revision 1, dated September 15, 2010; 
and Fokker Service Bulletin SBF50-28-031,

[[Page 20496]]

Revision 1, dated September 15, 2010; for related information.

Material Incorporated by Reference

    (p) You must use Fokker Service Bulletin SBF50-28-028, Revision 
1, dated September 15, 2010; and Fokker Service Bulletin SBF50-28-
031, Revision 1, dated September 15, 2010; as applicable; 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; phone: +31 (0)252-627-350; fax: 
+31 (0)252-627-211; e-mail: 
<a href="/cdn-cgi/l/email-protection#aadecfc9c2c4c3c9cbc6d9cfd8dcc3c9cfd984ccc5c1c1cfd8d9cfd8dcc3c9cfd9ead9dec5d8c184c9c5c7"><span class="__cf_email__" data-cfemail="5b2f3e38333532383a37283e292d32383e28753d3430303e29283e292d32383e281b282f34293075383436">[email&#160;protected]</span></a>; Internet: <a href="http://www.myfokkerfleet.com">http://www.myfokkerfleet.com</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on March 22, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-7743 Filed 4-12-11; 8:45 am]
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