Airworthiness Directives; Fokker Services B.V. Airplanes

[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Rules and Regulations]
[Pages 30592-30595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10626]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0450; Product Identifier 2020-NM-034-AD; Amendment 
39-19907; AD 2020-09-11]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness directive (AD) 2017-06-06 
and AD 2019-12-10, which applied to all Fokker Services B.V. Model F28 
Mark 0070 and 0100 airplanes. Those ADs required revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. This AD requires revising 
the existing maintenance or inspection program, as applicable, to 
incorporate additional new or more restrictive airworthiness 
limitations; as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. This AD was prompted by 
a determination that new or more restrictive airworthiness limitations 
are necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective June 4, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 4, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of August 
1, 2019 (84 FR 30588, June 27, 2019).
    The FAA must receive comments on this AD by July 6, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. 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 W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For EASA material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu.
    For the Fokker Services B.V. material that was previously 
incorporated by reference, 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 IBR material at the FAA, Airworthiness Products 
Section, Operational Safety 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 in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0450.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0450; 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 AD, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3226; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued AD 2019-12-10, Amendment 39-19665 (84 FR 30588, June 
27, 2019) (``AD 2019-12-10''), which applied to all Fokker Services 
B.V. Model F28 Mark 0070 and 0100 airplanes. AD 2019-12-10 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2019-12-10 to address reduced structural integrity of the 
airplane. AD 2019-12-10 specified that accomplishing the revision 
required by that AD terminated all requirements of AD 2017-06-06, 
Amendment 39-18830 (83 FR 8328, February 27, 2018), and the 
requirements of paragraph (g) of AD 2012-12-07, Amendment 39-17087 (77 
FR 37788, June 25, 2012).

Actions Since AD 2019-12-10 Was Issued

    Since the FAA issued AD 2019-12-10, the agency has determined that 
new or more restrictive airworthiness limitations are necessary.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0024, dated February 13, 2020 
(``EASA AD 2020-0024'') (also referred to 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. EASA AD 2020-0024 superseded EASA AD 2018-0159, dated July 
25, 2018 (which corresponds to FAA AD 2019-12-10).
    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. See 
the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0024 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires Fokker Engineering Report SE-623, Fokker 70/
100 Airworthiness Limitations Section, Part 2--(Structure ALIs and Safe 
Life Items), Issue 18, dated June 14, 2018, which the Director of the 
Federal Register approved for incorporation by reference as of August 
1, 2019 (84 FR 30588, June 27, 2019).
    This material 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.

[[Page 30593]]

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA 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.

Requirements of This AD

    This AD retains the requirements of AD 2019-12-10. This AD also 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate additional new or more restrictive 
airworthiness limitations, which are specified in EASA AD 2020-0024 
described previously, as incorporated by reference, except for any 
differences identified as exceptions in the regulatory text of this AD.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions 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 (m)(1) of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-0024 
is incorporated by reference in this AD. This AD, therefore, requires 
compliance with EASA AD 2020-0024 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in the EASA AD does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD. 
Service information specified in EASA AD 2020-0024 that is required for 
compliance with EASA AD 2020-0024 is available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0450.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of these products, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites 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-2020-0450; 
Product Identifier 2020-NM-034-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. For any 
affected airplane that may be imported and placed on the U.S. Register 
in the future, the FAA provides the following cost estimates to comply 
with this AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours 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.

Regulatory Findings

    The FAA 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

[[Page 30594]]

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:
0
a. Removing Airworthiness Directive (AD) 2019-12-10, Amendment 39-19665 
(84 FR 30588, June 27, 2019); and AD 2017-06-06, Amendment 39-18830 (83 
FR 8328, February 27, 2018); and
0
b. Adding the following new AD:

2020-09-11 Fokker Services B.V.: Amendment 39-19907; Docket No. FAA-
2020-0450; Product Identifier 2020-NM-034-AD.

(a) Effective Date

    This AD becomes effective June 4, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2017-06-06, Amendment 39-18830 (83 FR 
8328, February 27, 2018) (``AD 2017-06-06''); and AD 2019-12-10, 
Amendment 39-19665 (84 FR 30588, June 27, 2019) (``AD 2019-12-10'').
    (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.

(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) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-12-10, with no changes. Within 90 days after August 1, 2019 
(the effective date of AD 2019-12-10), 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 ALIs 
and Safe Life Items), Issue 18, dated June 14, 2018. Accomplishing 
the maintenance or inspection program revision required by paragraph 
(i) of this AD terminates the requirements of this paragraph.
    (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 ALIs and Safe 
Life Items), Issue 18, dated June 14, 2018, or within 90 days after 
August 1, 2019, whichever occurs later.
    (2) If any discrepancy is found, before further flight, repair 
using a method approved by the Manager, Large Aircraft Section, 
International Validation Branch, FAA; or the European Union 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) Retained Restrictions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-12-10, with a new exception. Except as required by paragraph 
(i) of this AD, 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 (m)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with EASA AD 2020-0024, dated February 13, 2020 (``EASA 
AD 2020-0024''). Accomplishing the maintenance or inspection program 
revision required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(j) Exceptions to EASA AD 2020-0024

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0024 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0024 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``limitations, tasks and associated 
thresholds and intervals'' specified in paragraph (3) of EASA AD 
2020-0024 within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2020-0024 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2020-0024, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0024 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0024 does not apply 
to this AD.

(k) New Provisions for Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2020-0024.

(l) Terminating Action for Certain Requirements of AD 2012-12-07

    Accomplishing the actions required by paragraph (g) or (i) of 
this AD terminates the requirements of paragraph (g) of AD 2012-12-
07.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 (n) of this AD. Information may 
be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2019-12-10 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0024 that are 
required by paragraph (i) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Fokker's 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(n) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, Large Aircraft Section, International

[[Page 30595]]

Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3226; email: [email protected].

(o) 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.
    (3) The following service information was approved for IBR on 
June 4, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0024, 
dated February 13, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
August 1, 2019 (84 FR 30588, June 27, 2019).
    (i) Fokker Engineering Report SE-623, Fokker 70/100 
Airworthiness Limitations Section, Part 2--(Structure ALIs and Safe 
Life Items), Issue 18, dated June 14, 2018.
    (ii) [Reserved]
    (5) For information about Fokker Services B.V. material, 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.
    (6) For information about EASA AD 2020-0024, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (7) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0450.
    (8) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 4, 2020.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-10626 Filed 5-19-20; 8:45 am]
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