Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20501

DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room maintenance practices for fuel tank W12–40, 1200 New Jersey Avenue, SE., systems. As a result of those findings, Federal Aviation Administration Washington, DC, between 9 a.m. and 5 we issued a regulation titled ‘‘Transport p.m., Monday through Friday, except Airplane Fuel Tank System Design 14 CFR Part 39 Federal holidays. Review, Flammability Reduction and Maintenance and Inspection [Docket No. FAA–2011–0325; Directorate Examining the AD Docket Identifier 2010–NM–278–AD; Amendment Requirements’’ (66 FR 23086, May 7, 39–16652; AD 2011–08–02] You may examine the AD docket on 2001). In addition to new airworthiness the Internet at http:// standards for transport airplanes and RIN 2120–AA64 www.regulations.gov; or in person at the new maintenance requirements, this Airworthiness Directives; Fokker Docket Operations office between 9 a.m. rule included Special Federal Aviation Services B.V. Model F.27 Mark 050 and 5 p.m., Monday through Friday, Regulation No. 88 (‘‘SFAR 88,’’ Airplanes except Federal holidays. The AD docket Amendment 21–78, and subsequent contains this AD, the regulatory Amendments 21–82 and 21–83). AGENCY: Federal Aviation evaluation, any comments received, and Among other actions, SFAR 88 Administration (FAA), Department of other information. The street address for requires certain type design (i.e., type Transportation (DOT). the Docket Operations office (phone: certificate (TC) and supplemental type ACTION: Final rule; request for 800–647–5527) is in the ADDRESSES certificate (STC)) holders to substantiate comments. section. Comments will be available in that their fuel tank systems can prevent the AD docket shortly after receipt. ignition sources in the fuel tanks. This SUMMARY: We are adopting a new FOR FURTHER INFORMATION CONTACT: Tom requirement applies to type design airworthiness directive (AD) for the Rodriguez, Aerospace Engineer, holders for large turbine-powered products listed above. This AD results International Branch, ANM–116, transport airplanes and for subsequent from mandatory continuing Transport Airplane Directorate, FAA modifications to those airplanes. It airworthiness information (MCAI) 1601 Lind Avenue, SW., Renton, requires them to perform design reviews originated by an aviation authority of Washington 98057–3356; telephone: and to develop design changes and another country to identify and correct 425–227–1137; fax: 425–227–1149. maintenance procedures if their designs an unsafe condition on an aviation SUPPLEMENTARY INFORMATION: do not meet the new fuel tank safety product. The MCAI describes the unsafe standards. As explained in the preamble condition as: Discussion to the rule, we intended to adopt [T]he Federal Aviation Administration The European Aviation Safety Agency airworthiness directives to mandate any (FAA) has published Special Federal (EASA), which is the Technical Agent changes found necessary to address Aviation Regulation (SFAR) 88, and the Joint for the Member States of the European unsafe conditions identified as a result Aviation Authorities (JAA) has published Community, has issued EASA of these reviews. Interim Policy INT/POL/25/12. The design In evaluating these design reviews, we review conducted by Fokker Services on the Airworthiness Directive 2010–0157, dated August 3, 2010 (referred to after have established four criteria intended Fokker 50 and Fokker 60 in response to these to define the unsafe conditions regulations revealed that, if chafing occurs this as ‘‘the MCAI’’), to correct an unsafe between the Fuel Quantity Probe (FQP) and condition for the specified products. associated with fuel tank systems that the probe wiring, with additional factors, this The MCAI states: require corrective actions. The may result in an ignition source in the wing percentage of operating time during [T]he Federal Aviation Administration tank vapour space. which fuel tanks are exposed to (FAA) has published Special Federal This condition, if not corrected, in flammable conditions is one of these Aviation Regulation (SFAR) 88, and the Joint combination with flammable fuel vapours, Aviation Authorities (JAA) has published criteria. The other three criteria address could result in a wing fuel tank explosion Interim Policy INT/POL/25/12. The design the failure types under evaluation: and consequent loss of the aeroplane. review conducted by Fokker Services on the single failures, single failures in This AD requires actions that are Fokker 50 and Fokker 60 in response to these combination with a latent condition(s), intended to address the unsafe regulations revealed that, if chafing occurs and in-service failure experience. For all condition described in the MCAI. between the Fuel Quantity Probe (FQP) and four criteria, the evaluations included the probe wiring, with additional factors, this DATES: This AD becomes effective April consideration of previous actions taken may result in an ignition source in the wing that may mitigate the need for further 28, 2011. tank vapour space. The Director of the Federal Register action. This condition, if not corrected, in The Joint Aviation Authorities (JAA) approved the incorporation by reference combination with flammable fuel vapours, of a certain publication listed in the AD could result in a wing fuel tank explosion has issued a regulation that is similar to as of April 28, 2011. and consequent loss of the aeroplane. SFAR 88. (The JAA is an associated We must receive comments on this For the reasons described above, this AD body of the European Civil Aviation AD by May 31, 2011. requires a one-time [general visual] Conference (ECAC) representing the ADDRESSES: You may send comments by inspection to check for the presence of a civil aviation regulatory authorities of a any of the following methods: rubber sleeve and cable tie near each FQP in number of European States who have • Federal eRulemaking Portal: Go to both wing tanks and, depending on findings, agreed to co-operate in developing and the installation of a sleeve and cable tie. http://www.regulations.gov. Follow the implementing common safety regulatory instructions for submitting comments. You may obtain further information by standards and procedures.) Under this • Fax: (202) 493–2251. examining the MCAI in the AD docket. regulation, the JAA stated that all • Mail: U.S. Department of The FAA has examined the members of the ECAC that hold type Transportation, Docket Operations, M– underlying safety issues involved in fuel certificates for transport category 30, West Building Ground Floor, Room tank explosions on several large airplanes are required to conduct a W12–140, 1200 New Jersey Avenue, SE., transport airplanes, including the design review against explosion risks. Washington, DC 20590. adequacy of existing regulations, the We have determined that the actions • Hand Delivery: U.S. Department of service history of airplanes subject to identified in this AD are necessary to Transportation, Docket Operations, M– those regulations, and existing reduce the potential of ignition sources

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inside fuel tanks, which, in combination invite you to send any written relevant We prepared a regulatory evaluation with flammable fuel vapors, could result data, views, or arguments about this AD. of the estimated costs to comply with in fuel tank explosions and consequent Send your comments to an address this AD and placed it in the AD docket. loss of the airplane. listed under the ADDRESSES section. List of Subjects in 14 CFR Part 39 Include ‘‘Docket No. FAA–2011–0325; Relevant Service Information Directorate Identifier 2010–NM–278– Air transportation, Aircraft, Aviation Fokker Services B.V. has issued AD’’ at the beginning of your comments. safety, Incorporation by reference, Fokker Service Bulletin SBF50–28–027, We specifically invite comments on the Safety. Revision 1, dated August 20, 2010. The overall regulatory, economic, Adoption of the Amendment actions described in this service environmental, and energy aspects of information are intended to correct the this AD. We will consider all comments Accordingly, under the authority unsafe condition identified in the received by the closing date and may delegated to me by the Administrator, MCAI. amend this AD because of those the FAA amends 14 CFR part 39 as follows: FAA’s Determination and Requirements comments. of This AD We will post all comments we PART 39—AIRWORTHINESS receive, without change, to http:// DIRECTIVES This product has been approved by www.regulations.gov, including any the aviation authority of another personal information you provide. We ■ 1. The authority citation for part 39 country, and is approved for operation will also post a report summarizing each continues to read as follows: in the United States. Pursuant to our substantive verbal contact we receive Authority: 49 U.S.C. 106(g), 40113, 44701. bilateral agreement with the State of about this AD. Design Authority, we have been notified of the unsafe condition described in the Authority for This Rulemaking § 39.13 [Amended] MCAI and service information Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding referenced above. We are issuing this specifies the FAA’s authority to issue the following new AD: AD because we evaluated all pertinent rules on aviation safety. Subtitle I, 2011–08–02 Fokker Services B.V.: information and determined the unsafe section 106, describes the authority of Amendment 39–16652. Docket No. condition exists and is likely to exist or the FAA Administrator. ‘‘Subtitle VII: FAA–2011–0325; Directorate Identifier develop on other products of the same Aviation Programs,’’ describes in more 2010–NM–278–AD. type design. detail the scope of the Agency’s Effective Date There are no products of this type authority. currently registered in the United States. We are issuing this rulemaking under (a) This airworthiness directive (AD) However, this rule is necessary to the authority described in ‘‘Subtitle VII, becomes effective April 28, 2011. ensure that the described unsafe Part A, Subpart III, Section 44701: Affected ADs condition is addressed if any of these General requirements.’’ Under that (b) None. products are placed on the U.S. Register section, Congress charges the FAA with in the future. promoting safe flight of civil aircraft in Applicability air commerce by prescribing regulations (c) This AD applies to Fokker Services B.V. Differences Between the AD and the for practices, methods, and procedures Model F.27 Mark 050 airplanes; certificated MCAI or Service Information the Administrator finds necessary for in any category; all serial numbers. We have reviewed the MCAI and safety in air commerce. This regulation Note 1: This AD requires revisions to related service information and, in is within the scope of that authority certain operator maintenance documents to general, agree with their substance. But include new actions (e.g., inspections) and/ because it addresses an unsafe condition or critical design configuration control we might have found it necessary to use that is likely to exist or develop on limitations (CDCCLs). Compliance with these different words from those in the MCAI products identified in this rulemaking actions and/or CDCCLs is required by 14 CFR to ensure the AD is clear for U.S. action. 91.403(c). For airplanes that have been operators and is enforceable. In making previously modified, altered, or repaired in these changes, we do not intend to differ Regulatory Findings the areas addressed by this AD, the operator substantively from the information We determined that this AD will not may not be able to accomplish the actions provided in the MCAI and related have federalism implications under described in the revisions. In this situation, service information. Executive Order 13132. This AD will to comply with 14 CFR 91.403(c), the We might also have required different not have a substantial direct effect on operator must request approval of an alternative method of compliance (AMOC) actions in this AD from those in the the States, on the relationship between according to paragraph (l) of this AD. The MCAI in order to follow FAA policies. the national government and the States, request should include a description of Any such differences are highlighted in or on the distribution of power and changes to the required actions that will a NOTE within the AD. responsibilities among the various ensure the continued operational safety of levels of government. the airplane. FAA’s Determination of the Effective For the reasons discussed above, I Date certify this AD: Subject Since there are currently no domestic 1. Is not a ‘‘significant regulatory (d) Air Transport Association (ATA) of operators of this product, notice and action’’ under Executive Order 12866; America Code 28: Fuel. opportunity for public comment before 2. Is not a ‘‘significant rule’’ under the Reason issuing this AD are unnecessary. DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (e) The mandatory continued airworthiness Comments Invited information (MCAI) states: 3. Will not have a significant [T]he Federal Aviation Administration This AD is a final rule that involves economic impact, positive or negative, (FAA) has published Special Federal requirements affecting flight safety, and on a substantial number of small entities Aviation Regulation (SFAR) 88, and the Joint we did not precede it by notice and under the criteria of the Regulatory Aviation Authorities (JAA) has published opportunity for public comment. We Flexibility Act. Interim Policy INT/POL/25/12. The design

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review conducted by Fokker Services on the and/or maintaining CDCCLs, this AD only Washington. For information on the Fokker 50 and Fokker 60 in response to these requires the revision. Requiring a revision of availability of this material at the FAA, call regulations revealed that, if chafing occurs the maintenance program, rather than 425–227–1221. between the Fuel Quantity Probe (FQP) and requiring individual repetitive actions and/or (4) You may also review copies of the the probe wiring, with additional factors, this maintaining CDCCLs, requires operators to service information that is incorporated by may result in an ignition source in the wing record AD compliance only at the time the reference at the National Archives and tank vapour space. revision is made. Repetitive actions and/or Records Administration (NARA). For This condition, if not corrected, in maintaining CDCCLs specified in the information on the availability of this combination with flammable fuel vapours, airworthiness limitations must be complied material at NARA, call 202–741–6030, or go could result in a wing fuel tank explosion with in accordance with 14 CFR 91.403(c). to: http://www.archives.gov/federal_register/ and consequent loss of the aeroplane. code_of_federal_regulations/ Other FAA AD Provisions ibr_locations.html. Compliance (l) The following provisions also apply to Issued in Renton, Washington, on March (f) You are responsible for having the this AD: 25, 2011. actions required by this AD performed within (1) Alternative Methods of Compliance Ali Bahrami, the compliance times specified, unless the (AMOCs): The Manager, International actions have already been done. Manager, Transport Airplane Directorate, Branch, ANM–116, Transport Airplane Aircraft Certification Service. Inspection and Installation Directorate, FAA, has the authority to approve AMOCs for this AD, if requested [FR Doc. 2011–8065 Filed 4–12–11; 8:45 am] (g) At a scheduled opening of the fuel using the procedures found in 14 CFR 39.19. BILLING CODE 4910–13–P tanks, but not later than 13 years after the In accordance with 14 CFR 39.19, send your effective date of this AD, do a general visual request to your principal inspector or local inspection for the presence of the rubber Flight Standards District Office, as sleeve and cable tie on the cables of each DEPARTMENT OF TRANSPORTATION appropriate. If sending information directly FQP, in accordance with Part 1 of the to the International Branch, send it to ATTN: Accomplishment Instructions of Fokker Federal Aviation Administration Tom Rodriguez, Aerospace Engineer, Service Bulletin SBF50–28–027, Revision 1, International Branch, ANM–116, Transport dated August 20, 2010. 14 CFR Part 39 Airplane Directorate, FAA 1601 Lind (h) If, during the inspection required by Avenue, SW., Renton, Washington 98057– [Docket No. FAA–2010–1161; Directorate paragraph (g) of this AD, an FQP does not 3356; phone: 425–227–1137; fax: 425–227– Identifier 2010–NM–152–AD; Amendment have the rubber sleeve or cable tie installed: 39–16658; AD 2011–08–08] Before further flight, install the rubber sleeve 1149. Information may be e-mailed to: 9- and cable tie on the affected FQP and wiring, [email protected]. RIN 2120–AA64 in accordance with Part 2 of the Before using any approved AMOC, notify Accomplishment Instructions of Fokker your appropriate principal inspector, or Airworthiness Directives; Empresa Service Bulletin SBF50–28–027, Revision 1, lacking a principal inspector, the manager of Brasileira de Aeronautica S.A. dated August 20, 2010. the local flight standards district office/ certificate holding district office. The AMOC (EMBRAER) Model ERJ 170 and ERJ Maintenance Program Revision To Add Fuel approval letter must specifically reference 190 Airplanes Airworthiness Limitation this AD. AGENCY: Federal Aviation (i) Before further flight after accomplishing (2) Airworthy Product: For any Administration (FAA), Department of requirement in this AD to obtain corrective the inspection required by paragraph (g) of Transportation (DOT). this AD: Revise the airplane maintenance actions from a manufacturer or other source, program by incorporating the CDCCL use these actions if they are FAA-approved. ACTION: Final rule. specified in paragraph 1.L.(1)(c) of Fokker Corrective actions are considered FAA- SUMMARY: We are adopting a new Service Bulletin SBF50–28–027, Revision 1, approved if they are approved by the State dated August 20, 2010. of Design Authority (or their delegated airworthiness directive (AD) for the agent). You are required to assure the product products listed above. This AD results No Alternative Actions, Intervals, and/or is airworthy before it is returned to service. from mandatory continuing CDCCLs airworthiness information (MCAI) Related Information (j) After accomplishing the revision originated by an aviation authority of required by paragraph (i) of this AD, no (m) Refer to MCAI EASA Airworthiness another country to identify and correct alternative actions (e.g., inspection, interval) Directive 2010–0157, dated August 3, 2010; an unsafe condition on an aviation and/or CDCCLs may be used unless the and Fokker Service Bulletin SBF50–28–027, actions, intervals, and/or CDCCLs are Revision 1, dated August 20, 2010; for related product. The MCAI describes the unsafe approved as an AMOC in accordance with information. condition as: the procedures specified in paragraph (l) of Material Incorporated by Reference It has been found occurrence of screw units this AD. manufactured with metallographic non- (n) You must use Fokker Service Bulletin conformity that may increase their Credit for Actions Accomplished in SBF50–28–027, Revision 1, dated August 20, susceptibility to brittle fracture. The screw Accordance With Previous Service 2010, to do the actions required by this AD, failure may result in loss of the related Information unless the AD specifies otherwise. balance washer causing a possible ram air (k) Actions accomplished before the (1) The Director of the Federal Register turbine (RAT) imbalance event, which may effective date of this AD according to Fokker approved the incorporation by reference of result in RAT structural failure, which Service Bulletin SBF50–28–027, dated May this service information under 5 U.S.C. associated with an electrical emergency 27, 2010, are considered acceptable for 552(a) and 1 CFR part 51. situation, could result in loss of power to compliance with the corresponding action (2) For service information identified in airplane flight controls hydraulic back-up specified in this AD. this AD, contact Fokker Services B.V., system. Technical Services Dept., P.O. Box 231, 2150 FAA AD Differences * * * * * AE Nieuw-Vennep, the Netherlands; Loss of power to the hydraulic back-up Note 1: This AD differs from the MCAI telephone: +31 (0)252–627–350; fax: +31 system for airplane flight controls could and/or service information as follows: (0)252–627–211; e-mail: technicalservices. Although EASA Airworthiness Directive [email protected]; Internet: http:// reduce the ability of the flightcrew to 2010–0157, dated August 3, 2010, specifies www.myfokkerfleet.com. maintain the safe flight and landing of both revising the maintenance program to (3) You may review copies of the service the airplane. We are issuing this AD to include airworthiness limitations, and doing information at the FAA, Transport Airplane require actions to correct the unsafe certain repetitive actions (e.g., inspections) Directorate, 1601 Lind Avenue, SW., Renton, condition on these products.

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