[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:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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 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]
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2. The FAA amends Sec. 39.13 by:
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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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