Airworthiness Directives; Fokker Services B.V. Airplanes

[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Rules and Regulations]
[Pages 30588-30590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13532]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1071; Product Identifier 2018-NM-119-AD; Amendment 
39-19665; AD 2019-12-10]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 1, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 1, 
2019.

ADDRESSES: For service information identified in this final rule, 
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 protected]; internet http://www.myfokkerfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1071.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1071; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Fokker Services 
B.V. Model F28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on February 8, 2019 (84 FR 2796). The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. The NPRM proposed to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The 
agency is issuing this AD to address reduced structural integrity of 
the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0159, dated July 25, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for all Fokker Services B.V. Model F28 Mark 0070 and 
0100 airplanes. The MCAI states:


[[Page 30589]]


    Fokker Services Engineering Report SE-623 contains the 
Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs) for 
Fokker F28 Mark 0070 and Mark 0100 aeroplanes. This report is Part 2 
of the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness, referred to in Section 06, Appendix 1, of 
the Fokker 70/100 Maintenance Review Board document.
    The complete Airworthiness Limitations Section consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements 
(CMRs)--ref. EASA AD 2015-0027 [corresponds to FAA AD 2016-11-22, 
Amendment 39-18549 (81 FR 36438, June 7, 2016)],
    Part 2--Report SE-623, ALIs and SLIs--ref. EASA AD 2017-0095 
[corresponds to FAA AD 2017-06-06, Amendment 39-18830 (83 FR 8328, 
February 27, 2018)], and
    Part 3--Report SE-672, Fuel ALIs and CDCCLs--ref. EASA AD 2015-
0032 [corresponds to FAA AD 2016-11-15, Amendment 39-18542 (81 FR 
36447, June 7, 2016)].
    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness. Failure to 
accomplish these actions could result in an unsafe condition.
    EASA previously issued [EASA] AD 2017-0095, requiring the 
actions described in Report SE-623 at issue 17. Since that [EASA] AD 
was issued, Fokker Services published issue 18 of Report SE-623, 
containing new and/or more restrictive maintenance tasks.
    For the reason described above, this [EASA] AD retains the 
requirements of [EASA] AD 2017-0095, which is superseded, and 
requires implementation of the maintenance actions as specified in 
the ALS.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1071.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The agency has determined that 
these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Engineering Report SE-623, 
Fokker 70/100 Airworthiness Limitations Section, Part 2--(Structure 
ALI's and Safe Life Items), Issue 18, dated June 14, 2018. This service 
information describes airworthiness limitations and safe life limits. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 4 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 workhours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, 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.

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 airworthiness 
directive (AD):

2019-12-10 Fokker Services B.V.: Amendment 39-19665; Docket No. FAA-
2018-1071; Product Identifier 2018-NM-119-AD.

(a) Effective Date

    This AD is effective August 1, 2019.

(b) Affected ADs

    (1) This AD affects AD 2017-06-06, Amendment 39-18830 (83 FR 
8328, February 27, 2018) (``AD 2017-06-06'').
    (2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR 
37788, June 25, 2012) (``AD 2012-12-07'').

(c) Applicability

    This AD applies to all Fokker Services B.V. Model F28 Mark 0070 
and 0100 airplanes, certificated in any category.

[[Page 30590]]

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Fokker Engineering Report 
SE-623, Fokker 70/100 Airworthiness Limitations Section, Part 2--
(Structure ALI's and Safe Life Items), Issue 18, dated June 14, 
2018.
    (1) The initial compliance time for doing the tasks is at the 
time specified in Fokker Engineering Report SE-623, Fokker 70/100 
Airworthiness Limitations Section, Part 2--(Structure ALI's and Safe 
Life Items), Issue 18, dated June 14, 2018, or within 90 days after 
the effective date of this AD, whichever occurs later.
    (2) If any discrepancy is found, before further flight, repair 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or the European Aviation Safety 
Agency (EASA); or Fokker B.V. Service's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (j)(1) of 
this AD.

(i) Terminating Action for Affected ADs

    (1) Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-06-06.
    (2) Accomplishing the actions required by this AD terminates the 
requirements of paragraph (g) of AD 2012-12-07.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: [email protected]. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the EASA; or Fokker 
Services B.V.'s EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0159, dated July 25, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-1071.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.

(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 Engineering Report SE-623, Fokker 70/100 
Airworthiness Limitations Section, Part 2--(Structure ALI's and Safe 
Life Items), Issue 18, dated June 14, 2018.
    (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 [email protected]; internet http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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.

    Issued in Des Moines, Washington, on June 17, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13532 Filed 6-26-19; 8:45 am]
 BILLING CODE 4910-13-P

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