AD 2011-08-02

[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20501-20503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-8065]



[[Page 20501]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0325; Directorate Identifier 2010-NM-278-AD; 
Amendment 39-16652; AD 2011-08-02]
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 design review conducted by Fokker Services on the Fokker 50 
and Fokker 60 in response to these regulations revealed that, if 
chafing occurs between the Fuel Quantity Probe (FQP) and the probe 
wiring, with additional factors, this may result in an ignition 
source in the wing tank vapour space.
    This condition, if not corrected, in combination with flammable 
fuel vapours, could result in a wing fuel tank explosion and 
consequent loss of the aeroplane.

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 a certain publication 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; telephone: 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 2010-0157, dated August 3, 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 design review conducted by Fokker Services on the Fokker 50 
and Fokker 60 in response to these regulations revealed that, if 
chafing occurs between the Fuel Quantity Probe (FQP) and the probe 
wiring, with additional factors, this may result in an ignition 
source in the wing tank vapour space.
    This condition, if not corrected, in combination with flammable 
fuel vapours, 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 for the presence of a rubber 
sleeve and cable tie near each FQP in both wing tanks and, depending 
on findings, the installation of a sleeve and cable tie.

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).
    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

[[Page 20502]]

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 Fokker Service Bulletin SBF50-28-
027, Revision 1, dated August 20, 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-2011-0325; Directorate 
Identifier 2010-NM-278-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, 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:

2011-08-02 Fokker Services B.V.: Amendment 39-16652. Docket No. FAA-
2011-0325; Directorate Identifier 2010-NM-278-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; all serial numbers.

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

[[Page 20503]]

review conducted by Fokker Services on the Fokker 50 and Fokker 60 
in response to these regulations revealed that, if chafing occurs 
between the Fuel Quantity Probe (FQP) and the probe wiring, with 
additional factors, this may result in an ignition source in the 
wing tank vapour space.
    This condition, if not corrected, in combination with flammable 
fuel vapours, 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.

Inspection and Installation

    (g) At a scheduled opening of the fuel tanks, but not later than 
13 years after the effective date of this AD, do a general visual 
inspection for the presence of the rubber sleeve and cable tie on 
the cables of each FQP, in accordance with Part 1 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF50-28-027, 
Revision 1, dated August 20, 2010.
    (h) If, during the inspection required by paragraph (g) of this 
AD, an FQP does not have the rubber sleeve or cable tie installed: 
Before further flight, install the rubber sleeve and cable tie on 
the affected FQP and wiring, in accordance with Part 2 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF50-28-027, 
Revision 1, dated August 20, 2010.

Maintenance Program Revision To Add Fuel Airworthiness Limitation

    (i) Before further flight after accomplishing the inspection 
required by paragraph (g) of this AD: Revise the airplane 
maintenance program by incorporating the CDCCL specified in 
paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF50-28-027, 
Revision 1, dated August 20, 2010.

No Alternative Actions, Intervals, and/or CDCCLs

    (j) After accomplishing the revision required by paragraph (i) 
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 (l) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (k) Actions accomplished before the effective date of this AD 
according to Fokker Service Bulletin SBF50-28-027, dated May 27, 
2010, are considered acceptable for compliance with the 
corresponding action specified in this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    Although EASA Airworthiness Directive 2010-0157, dated August 3, 
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

    (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 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#90a9bdd1deddbda1a1a6bdd1dddfd3bdc2d5c1c5d5c3c4c3d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="556c78141b18786464637814181a16780710040010060106153334347b323a23">[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. 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 2010-0157, dated 
August 3, 2010; and Fokker Service Bulletin SBF50-28-027, Revision 
1, dated August 20, 2010; for related information.

Material Incorporated by Reference

    (n) You must use Fokker Service Bulletin SBF50-28-027, Revision 
1, dated August 20, 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: 
<a href="/cdn-cgi/l/email-protection#760213151e181f15171a051304001f1513055810191d1d1304051304001f15130536050219041d5815191b"><span class="__cf_email__" data-cfemail="f1859492999f9892909d8294838798929482df979e9a9a94838294838798929482b182859e839adf929e9c">[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 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2011-8065 Filed 4-12-11; 8:45 am]
BILLING CODE 4910-13-P