[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Proposed Rules]
[Pages 46298-46301]
[FR Doc No: 2013-18390]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0629; Directorate Identifier 2012-NM-214-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, which revealed that
under certain failure conditions of the maximum level (Max Level)
sensor wiring, a short circuit may develop that causes a hot spot on
the wiring conduit, or puncturing of the wiring conduit wall in the
center wing fuel tank. This proposed AD would require installing fuses
in the Max Level sensor wiring; and revising the airplane maintenance
program by incorporating critical design configuration control
limitations. We are proposing this AD to prevent an ignition source in
the center wing fuel tank vapor space, which could result in a fuel
tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by September 16,
2013.

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:<PHONE_NUMBER>.
     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_ADDRESS>Internet http://www.myfokkerfleet.com. You may review copies of the 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<PHONE_NUMBER>.

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 this proposed AD, the MCAI, 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, Washington 98057-3356; telephone 425-227-
1137; fax<PHONE_NUMBER>.

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-2013-0629; Directorate Identifier 2012-NM-214-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 Community, has issued EASA
Airworthiness Directive 2012-0240, dated November 12, 2012 (referred to
after this the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Prompted by an accident * * *, the FAA published Special Federal
Aviation Regulation (SFAR) 88, and the Joint Aviation Authorities
(JAA) published Interim Policy INT/POL/25/12.
    The design review conducted by Fokker Services on the Fokker 70
and Fokker 100 in response to these regulations revealed that under
certain failure conditions of the maximum level (Max Level) sensor
wiring, a short circuit may develop that causes a hot spot on the
wiring conduit, or puncturing of the wiring conduit wall in the
tank.
    This condition, if not corrected, could create an ignition
source in the centre tank vapour space, possibly resulting in a fuel
tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires the
installation of fuses in the Max Level sensor wiring and
subsequently, the implementation of the associated Critical Design
Configuration Control Limitations (CDCCL[s]) [by revising the
maintenance program to incorporate the CDCCLs].

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 (66 FR 23086, May 7, 2001) 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 (66 FR 23086, May 7, 2001). (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 Fokker Service Bulletin SBF100-28-
073, dated August 10, 2012, including the following attachments (* the
issue date is not specified on the drawing) and manual change
notification:
     Fokker Drawing W41192, Sheet 052, Issue AS*;
     Fokker Drawing W41192, Sheet 054, Issue AR*;
     Fokker Drawing W59520, Sheet 003, Issue F, dated May 12,
2011; and
     Fokker Manual Change Notification MCNM F100-150, dated
August 10, 2012.

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.
    This AD requires revisions to certain operator maintenance
documents to include new Critical Design Configuration Control
Limitations (CDCCLs). Compliance with these 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 (j) 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.

Costs of Compliance

    We estimate that this proposed AD affects 10 products of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Installation and revision of          7 work-hours x $85 per           $2,100           $2,695          $26,950
 maintenance program.                  hour = $595.
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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

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:

Fokker Services B.V.: Docket No. FAA-2013-0629; Directorate
Identifier 2012-NM-214-AD.

(a) Comments Due Date

    We must receive comments by September 16, 2013.

(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 fuel 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
under certain failure conditions of the maximum level (Max Level)
sensor wiring, a short circuit may develop that causes a hot spot on
the wiring conduit, or puncturing of the wiring conduit wall in the
center wing fuel tank. We are issuing this AD to prevent an ignition
source in the center wing fuel tank vapor space, which could result
in a fuel tank explosion and consequent loss of the airplane.

(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) Installation of Fuses

    Within 24 months after the effective date of this AD: Do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD, as
applicable.
    (1) For Fokker Services B.V. Model F.28 Mark 0070 airplanes
having serial numbers 11244 through 11441 inclusive, equipped with a
center wing bag tank: Install fuses in the wiring of the Max Level
sensors of the center wing fuel tank, in accordance with Parts 1 and
3 of the Accomplishment Instructions of Fokker Service Bulletin
SBF100-28-073, dated August 10, 2012, which includes the attachments
identified in paragraphs (g)(1)(i) through (g)(1)(iv) of this AD (*
the issue date is not specified on the drawing).
    (i) Fokker Drawing W41192, Sheet 052, Issue AS*.
    (ii) Fokker Drawing W41192, Sheet 054, Issue AR*.
    (iii) Fokker Drawing W59520, Sheet 003, Issue F, dated May 12,
2011.
    (iv) Fokker Manual Change Notification MCNM F100-150, dated
August 10, 2012.
    (2) For Fokker Services B.V. Model F.28 Mark 0070 and Mark 0100
airplanes having serial numbers 11442 and up, equipped with an
integral center wing tank: Install fuses in the wiring of the Max
Level sensors of the center wing fuel tank, in accordance with Parts
2 and 3 of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-28-073, dated August 10, 2012, which includes the
attachments identified in paragraphs (g)(2)(i) through (g)(2)(iv) of
this AD (* the issue date is not specified on the drawing).
    (i) Fokker Drawing W41192, Sheet 052, Issue AS*.
    (ii) Fokker Drawing W41192, Sheet 054, Issue AR*.
    (iii) Fokker Drawing W59520, Sheet 003, Issue F, dated May 12,
2011.
    (iv) Fokker Manual Change Notification MCNM F100-150, dated
August 10, 2012.

(h) Revision of Maintenance or Inspection Program

    After doing any action required by paragraph (g) of this AD,
before further flight, revise the airplane maintenance or inspection
program, as applicable, by incorporating the CDCCLs specified in
paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF100-28-073, dated
August 10, 2012, including the drawings specified in paragraphs
(h)(1) through (h)(4) of this AD (* the issue date is not specified
on the drawing) and manual change notification.
    (1) Fokker Drawing W41192, Sheet 052, Issue AS*.
    (2) Fokker Drawing W41192, Sheet 054, Issue AR*.
    (3) Fokker Drawing W59520, Sheet 003, Issue F, dated May 12,
2011.
    (4) Fokker Manual Change Notification MCNM F100-150, dated
August 10, 2012.

(i) No Alternative CDCCLs

    After the CDCCLs have been incorporated, as required by
paragraph (h) of this AD, no alternative CDCCLs may be used unless
the CDCCLs are approved as an alternative method of compliance
(AMOC) in

accordance with the procedures specified in paragraph (j) 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, 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,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>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.

(k) Related Information

    (1) Refer to the Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0240, dated November 12, 2012, for related information. The MCAI can
be found in the AD docket on the Internet at
http:[sol][sol]regulations.gov.
    (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_ADDRESS>Internet
http:[sol][sol]www.myfokkerfleet.com. You may review copies of the
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<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-18390 Filed 7-30-13; 8:45 am]
BILLING CODE 4910-13-P