AD 2014-07-03

We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by a design review, which revealed that no controlled bonding provisions are present on a number of critical locations inside the fuel tank or connected to the fuel tank wall. This AD requires installing additional bonding provisions in the fuel tank, and revising the airplane maintenance or inspection program by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are issuing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.

Final rule.

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:

2014-07-03 Fokker Services B.V.: Amendment 39-17817. Docket No. FAA- 2013-0674; Directorate Identifier 2012-NM-217-AD.

(a) Effective Date

This airworthiness directive (AD) becomes effective May 12, 2014.

(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, all serial numbers.

(d) Subject

Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

This AD was prompted by a design review, which revealed that no controlled bonding provisions are present on a number of critical locations inside the fuel tank or connected to the fuel tank wall. We are issuing this AD to prevent an ignition source in the 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 Bonding Provisions

(1) Within 24 months after the effective date of this AD: Install the additional bonding provisions at the locations specified in, and in accordance with, Parts 3, 4, 5, and 6 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28- 069, dated August 17, 2012, which includes the attachments identified in paragraphs (g)(1)(i) through (g)(1)(ix) of this AD.
(i) Fokker Drawing W31036, Sheet 001, Issue A, dated November 12, 2012.
(ii) Fokker Drawing W69280, Sheet 001, Issue A, dated November 12, 2009.
(iii) Fokker Drawing W69350, Sheet 001, Issue A, dated November 12, 2009.
(iv) Fokker Drawing W69285, Sheet 001, Issue A, dated November 12, 2009.
(v) Fokker Drawing W69200, Sheet 001, Issue A, and Sheets 002 through 004, Issue B, all dated November 12, 2009.
(vi) Fokker Drawing W69240, Sheet 001, Issue A, and Sheets 002 through 004, Issue B, all dated November 12, 2009.
(vii) Fokker Drawing W69335, Sheet 001, dated November 12, 2009.
(viii) Fokker Drawing W69405, Sheet 001, dated November 12, 2009.
(ix) Fokker Drawing W69710, Sheet 004, Issue B, dated November 12, 2008.
(2) At the next scheduled opening of the fuel tanks after the effective date of this AD, but no later than 84 months after the effective date of this AD, install the additional bonding provisions at the locations specified in, and in accordance with, Parts 1, 2, 7, 8, and 9 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-069, dated August 17, 2012, which includes the attachments identified in paragraphs (g)(2)(i) through (g)(2)(ix) of this AD.
(i) Fokker Drawing W31036, Sheet 001, Issue A, dated November 12, 2012.
(ii) Fokker Drawing W69280, Sheet 001, Issue A, dated November 12, 2009.
(iii) Fokker Drawing W69350, Sheet 001, Issue A, dated November 12, 2009.
(iv) Fokker Drawing W69285, Sheet 001, Issue A, dated November 12, 2009.
(v) Fokker Drawing W69200, Sheet 001, Issue A, and Sheets 002 through 004, Issue B, dated November 12, 2009.
(vi) Fokker Drawing W69240, Sheet 001, Issue A, and Sheets 002 through 004, Issue B, dated November 12, 2009.
(vii) Fokker Drawing W69335, Sheet 001, dated November 12, 2009.
(viii) Fokker Drawing W69405, Sheet 001, dated November 12, 2009.
(ix) Fokker Drawing W69710, Sheet 004, Issue B, dated November 12, 2008.

(h) Revision of Maintenance or Inspection Program

Within 30 days after installing the bonding provisions specified in paragraph (g)(1) or (g)(2) of this AD, whichever occurs first: Revise the airplane maintenance or inspection program, as applicable, by incorporating the fuel airworthiness limitation items and critical design configuration control limitations (CDCCLs) specified in paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF100- 28-069, dated August 17, 2012.

(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) 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 425-227-1137; fax 425 227-1137. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they were approved by theState of Design Authority (or its delegated agent, or by the Design Approval Holder with a State of Design Authority's design organization approval). You are required to ensure the product is airworthy before it is returned to service.

(k) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) European Aviation Safety Agency Airworthiness Directive 2012-0242, dated November 12, 2012, for related information. The MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0674-0002.

(l) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.
(i) Fokker Service Bulletin SBF100-28-069, dated August 17, 2012, which includes the attachments identified in paragraphs (l)(2)(i)(A) through (l)(2)(i)(O) of this AD.
(A) Fokker Drawing W31036, Sheet 001, Issue A, dated November 12, 2012.
(B) Fokker Drawing W69280, Sheet 001, Issue A, dated November 12, 2009.
(C) Fokker Drawing W69350, Sheet 001, Issue A, dated November 12, 2009.
(D) Fokker Drawing W69285, Sheet 001, Issue A, dated November 12, 2009.
(E) Fokker Drawing W69200, Sheet 001, Issue A, dated November 12, 2009.
(F) Fokker Drawing W69200, Sheet 002, Issue B, dated November 12, 2009.
(G) Fokker Drawing W69200, Sheet 003, Issue B, dated November 12, 2009.
(H) Fokker Drawing W69200, Sheet 004, Issue B, dated November 12, 2009.
(I) Fokker Drawing W69240, Sheet 001, Issue A, dated November 12, 2009.
(J) Fokker Drawing W69240, Sheet 002, Issue B, dated November 12, 2009.
(K) Fokker Drawing W69240, Sheet 003, Issue B, dated November 12, 2009.

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(L) Fokker Drawing W69240, Sheet 004,Issue B, dated November 12, 2009.
(M) Fokker Drawing W69335, Sheet 001, dated November 12, 2009.
(N) Fokker Drawing W69405, Sheet 001, dated November 12, 2009.
(O) Fokker Drawing W69710, Sheet 004, Issue B, dated November 12, 2008.
(ii) Reserved.
(3) 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 technicalservices@fokker.com; Internet http://www.myfokkerfleet.com.
(4) 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.
(5) You may view this 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/cfr/ibr-locations.html.

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR

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part 39 by adding an AD that would apply to all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. The NPRM published in the Federal Register on August 12, 2013 (78 FR 48832). The NPRM was prompted by a design review, which revealed that no controlled bonding provisions are present on a number of critical locations inside the fuel tank or connected to the fuel tank wall. The NPRM proposed to require installing additional bonding provisions in the fuel tank, and revising the airplane maintenance or inspection program by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are issuing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2012-0242, dated November 12, 2012 (referred to after this as 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 [(66 FR 23086, May 7, 2001)], 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 no controlled bonding provisions are present on a number of critical locations, inside the fuel tank or connected to the fuel tank wall. This condition, if not corrected, may create an ignition source in the fuel 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 additional bonding provisions and, subsequently, the implementation of the associated Fuel Airworthiness Limitation Items (ALI) and Critical Design Configuration Control Limitations (CDCCL[s]) [and revising the maintenance program to incorporate the ALIs and CDCCLs].

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0674-0002.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (78 FR 48832, August 12, 2013) or on the determination of the cost to the public.

Explanation of Change Made to This AD

There was an error in the Fokker drawing number referenced in paragraphs (g)(1)(ix) and (g)(2)(ix) of the NPRM (78 FR 48832, August 12, 2013). The Fokker drawing number referenced in the NPRM was W692710, but should have been W69710. That error has been corrected in paragraphs (g)(1)(ix) and (g)(2)(ix) of this final rule.

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting this AD with the change described previously and minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM (78 FR 48832, August 12, 2013) for correcting the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM (78 FR 48832, August 12, 2013).

Costs of Compliance

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

Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Installation of bonding provisions and 36 work-hours x $85 per $0 $3,060 $30,600
maintenance program revision. hour = $3,060. ----------------------------------------------------------------------------------------------------------------

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 findsnecessary 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 that 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);
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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0674; 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 (telephone (800) 647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

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