[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13475-13477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04729]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules
and Regulations
[[Page 13475]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0105; Product Identifier 2019-NM-172-AD; Amendment
39-19851; AD 2020-04-12]
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 Directives (ADs) 2012-22-
05 and 2018-19-03, which applied to certain Fokker Services B.V. Model
F28 Mark 0070 and 0100 airplanes. AD 2012-22-05 required inspecting for
cracks of the pistons on the main landing gear (MLG), and replacing the
affected pistons if necessary. AD 2012-22-05 also required modifying
the MLG, and revising the airplane maintenance program. AD 2018-19-03
required an inspection of the MLG, and replacement if necessary. This
AD retains the requirements of AD 2012-22-05, expands the
applicability, and requires a new modification or replacement of the
MLG; as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This AD was prompted by a
determination that the required heat treatment may not have been
applied to certain MLG pistons. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD becomes effective March 24, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 24,
2020.
The FAA must receive comments on this AD by April 23, 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 the 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. You may view this IBR material 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 in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0105.
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-
0105; 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, the regulatory evaluation, 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 Rodriquez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued AD 2012-22-05, Amendment 39-17241 (77 FR 68052,
November 15, 2012) (``AD 2012-22-05''), and AD 2018-19-03, Amendment
39-19403 (83 FR 46859, September 17, 2018) (``AD 2018-19-03''), which
applied to certain Fokker Services B.V. Model F28 Mark 0070 and 0100
airplanes. AD 2012-22-05 required inspecting for cracks of the pistons
on the MLG, and replacing the affected pistons if necessary. AD 2012-
22-05 also required modifying the MLG, and revising the airplane
maintenance program. AD 2018-19-03 required an inspection of the MLG,
and replacement if necessary. The FAA issued these ADs to address MLG
failure during the landing roll-out, which could result in damage to
the airplane and injury to occupants.
Actions Since ADs 2012-22-05 and 2018-19-03 Were Issued
Since ADs 2012-22-05 and 2018-19-03 were issued, the FAA has
received a report of a crack found in the lower portion of a left-hand
MLG piston; one possible factor was hydrogen-assisted cracking. The FAA
determined that the cracked piston was part of a batch of six MLG
pistons on which the required heat treatments may not have been applied
during overhaul. Another possible contributing factor is that the wire
harness port of the MLG piston is a highly stressed area, prone to
high-rate crack growth if small surface imperfections are present.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0224, dated September 6, 2019
(``EASA AD 2019-0224'') (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 2019-0224 supersedes EASA ADs 2011-0159 and 2017-
0163 (which correspond to FAA ADs 2012-22-05 and 2018-19-03).
This AD was prompted by a report of a crack found in the lower
portion of a left-hand MLG piston, and a determination that the
required heat treatment may not have been applied to certain MLG
pistons. See the MCAI for additional background information.
[[Page 13476]]
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2012-22-05 this AD retains all of the requirements of AD 2012-22-05.
Those requirements are referenced in EASA AD 2019-0224, which, in turn,
is referenced in paragraph (g) of this AD. This AD retains none of the
requirements of AD 2018-19-03.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0224 describes procedures for repetitive inspections
of the MLG pistons for cracks, replacing cracked MLG pistons, and
modifying the MLG by replacing each affected part (MLG piston or MLG
unit) with a serviceable part or replacing each affected MLG unit with
a serviceable unit.
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.
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 a 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 agency
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 requires accomplishing the actions specified in EASA AD
2019-0224 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text 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 2019-0224
is incorporated by reference in this AD. This AD, therefore, requires
compliance with EASA AD 2019-0224 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 2019-0224 that is required for
compliance with EASA AD 2019-0224 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0105 after the FAA final rule is published.
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-2020-0105;
Product Identifier 2019-NM-172-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. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provide the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
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Cost per
Action Labor cost Parts cost product
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Retained actions from AD 2012-22-05........... 24 work-hours x $85 per hour = $0 $2,040
$2,040.
New actions................................... 24 work-hours x $85 per hour = 0 2,040
$2,040.
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.
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 has 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 13477]]
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 removing airworthiness directive (AD)
2012-22-05, Amendment 39-17241 (77 FR 68052, November 15, 2012), and AD
2018-19-03, Amendment 39-19403 (83 FR 46859, September 17, 2018), and
adding the following new AD:
2020-04-12 Fokker Services B.V.: Amendment 39-19851; Docket No. FAA-
2020-0105; Product Identifier 2019-NM-172-AD.
(a) Effective Date
This AD becomes effective March 24, 2020.
(b) Affected ADs
This AD replaces AD 2012-22-05, Amendment 39-17241 (77 FR 68052,
November 15, 2012) (``AD 2012-22-05''), and AD 2018-19-03, Amendment
39-19403 (83 FR 46859, September 17, 2018) (``AD 2018-19-03'').
(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 32, Landing
gear.
(e) Reason
This AD was prompted by a report of a crack found in the lower
portion of a left-hand main landing gear (MLG) piston, and a
determination that the required heat treatment may not have been
applied to certain MLG pistons. The FAA is issuing this AD to
address MLG failure during the landing roll-out, which could result
in damage to the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0224, dated September 6, 2019 (``EASA AD 2019-0224'').
(h) Exceptions to EASA AD 2019-0224
(1) Where EASA AD 2019-0224 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD refers to the effective date of EASA AD 2011-
0159, this AD requires using December 20, 2012 (the effective date
of AD 2012-22-05).
(3) The ``Remarks'' section of EASA AD 2019-0224 does not apply
to this AD.
(i) 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 (j) 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 2012-22-05 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0224 that are
required by paragraph (g) 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, International
Section, Transport Standards Branch, FAA; or EASA; or Fokker
Services B.V.'s EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.
(j) Related Information
For more information about this AD, contact Tom Rodriquez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3226; email [email protected].
(k) 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
April 13, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0224,
dated September 6, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0224, 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.
(5) You may view this material 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. 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-
2020-0105.
(6) 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 February 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-04729 Filed 3-6-20; 8:45 am]
BILLING CODE 4910-13-P