[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Proposed Rules]
[Pages 63132-63135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24795]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0865; Directorate Identifier 2012-NM-199-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. 
This proposed AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the butt-joints on the forward fuselage 
above the passenger door are subject to widespread fatigue damage 
(WFD). This proposed AD would require inspecting the forward fuselage 
butt-joints for cracking, repairing any crack, and eventually doing a 
terminating repair. We are proposing this AD to prevent fatigue 
cracking of such butt-joints, which could result in reduced structural 
integrity of the airplane and in-flight decompression of the airplane.

DATES: We must receive comments on this proposed AD by December 9, 
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the MCAI, the 
regulatory evaluation, any comments received, and other information. 
The street address for the Docket Operations office (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.


SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0865; 
Directorate Identifier 2012-NM-199-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Structural fatigue damage is progressive. It begins as minute 
cracks, and those cracks grow under the action of repeated stresses. 
This can happen because of normal operational conditions and design 
attributes, or because of isolated situations or incidents such as 
material defects, poor fabrication quality, or corrosion pits, dings, 
or scratches. Fatigue damage can occur locally, in small areas or 
structural design details, or globally. Global fatigue damage is 
general degradation of large areas of structure with similar structural 
details and stress levels. Multiple-site damage is global damage that 
occurs in a large structural

[[Page 63133]]

element such as a single rivet line of a lap splice joining two large 
skin panels. Global damage can also occur in multiple elements such as 
adjacent frames or stringers. Multiple-site-damage and multiple-
element-damage cracks are typically too small initially to be reliably 
detected with normal inspection methods. Without intervention, these 
cracks will grow, and eventually compromise the structural integrity of 
the airplane, in a condition known as WFD. As an airplane ages, WFD 
will likely occur, and will certainly occur if the airplane is operated 
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD rule requires certain actions to 
prevent catastrophic failure due to WFD throughout the operational life 
of certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. For existing and 
future airplanes subject to the WFD rule, the rule requires that design 
approval holders establish a limit of validity (LOV) of the engineering 
data that support the structural maintenance program. Operators 
affected by the WFD rule may not fly an airplane beyond its LOV, unless 
an extended LOV is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions necessary to reach the LOV will be mandated by airworthiness 
directives through separate rulemaking actions.
    In the context of WFD, this approach is necessary to enable design 
approval holders to propose LOVs that allow operators the longest 
operational lives for their airplanes, and still ensure that WFD will 
not occur. This approach allows for an implementation strategy that 
provides flexibility to DAHs in determining the timing of service 
information development (with FAA approval), while providing operators 
with certainty regarding the LOV applicable to their airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0218, dated October 19, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A report has been received of a crack, detected in a butt-joint 
on the forward fuselage of an F28 Mark 0100 aeroplane, above the 
passenger door. Investigation results revealed that, depending on 
the configuration of the aeroplane, four butt joints in the forward 
fuselage can be affected, at stringers 8, 37, 42 and 67 between 
fuselage stations 3850 and 5305.
    This condition, if not detected and corrected, can result in an 
exponential crack growth rate, possibly leading to failure of the 
butt-joint over a certain length and consequent in-flight 
decompression of the aeroplane.
    For the reasons described above, this [EASA] AD requires a one-
time inspection [low frequency eddy current] of the forward fuselage 
butt joints for cracks and, depending on findings, accomplishment of 
a temporary repair [including a detailed inspection for cracks in 
the butt strap on the inside of the applicable joint, and corrective 
actions if necessary] and reporting the findings to Fokker Services. 
In addition, this AD requires a permanent repair/modification [and a 
detailed inspection for cracks in the butt strap on the inside of 
the applicable joint, and corrective actions if necessary].
* * * * *
    Corrective actions include removing the cracked part of the butt 
joint and installing an insert, and installing of an external repair 
strap. You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-53-
118, Revision 2, dated October 16, 2012; and Fokker Service Bulletin 
SBF100-53-119, Revision 2, dated May 8, 2013. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    The MCAI specifies an alternative detailed visual inspection of the 
butt-joints from the inside of the fuselage. This proposed AD would not 
allow that inspection, and the difference has been coordinated with 
EASA.

Explanation of Compliance Time

    The compliance time for the modification specified in this proposed 
AD for addressing WFD was established to ensure that discrepant 
structure is modified before WFD develops in airplanes. Standard 
inspection techniques cannot be relied on to detect WFD before it 
becomes a hazard to flight. We will not grant any extensions of the 
compliance time to complete any AD-mandated service bulletin related to 
WFD without extensive new data that would substantiate and clearly 
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                   Action                        Labor cost       Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..................................  127 work-hours               $0          $10,795          $43,180
                                              x $85 per hour
                                                   = $10,795
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the proposed inspection. We 
have no way of determining the number of aircraft that might need these 
repairs:

[[Page 63134]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair....................................  30 work-hours x $85 per hour =                  $0           $2,550
                                             $2,550.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave., SW., Washington, DC 
20591. ATTN: Information Collection Clearance Officer, AES-200.

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.
    We are 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 AD:

Fokker Services B.V.: Docket No. FAA-2013-0865; Directorate 
Identifier 2012-NM-199-AD.

(a) Comments Due Date

    We must receive comments by December 9, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes, certificated in any category, as identified in 
Fokker Service Bulletin SBF100-53-118, Revision 2, dated October 16, 
2012.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the butt-joints on the forward fuselage 
above the passenger door are subject to widespread fatigue damage 
(WFD). We are issuing this AD to prevent fatigue cracking of such 
butt-joints, which could result in reduced structural integrity of 
the airplane and in-flight decompression of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection

    Before the accumulation of 35,000 total flight cycles, or within 
8 months after the effective date of this AD, whichever occurs 
later: Do a low frequency eddy current inspection for cracking of 
the forward fuselage butt-joints, in accordance with the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-53-
118, Revision 2, dated October 16, 2012.

(h) Repair

    If any cracking is found during the inspection specified in 
paragraph (g) of this AD, before further flight, do the actions 
specified in either paragraph (h)(1) or (h)(2) of this AD.
    (1) Accomplish a temporary repair, including a detailed 
inspection for cracks in the butt strap on the inside of the 
applicable joint, and all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-53-118, Revision 2, dated October 16, 2012.
    (2) Do a terminating repair of the forward fuselage butt-joints, 
including a detailed inspection for cracks in the butt strap on the 
inside of the applicable joint, and all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-53-119, Revision 2, dated May 8, 
2013. Accomplishing the terminating repair specified in this 
paragraph is a method of compliance with the terminating repair 
required by paragraph (j) of this AD.

(i) Reporting

    Submit a report of any crack findings from the inspection 
specified in paragraph (g) of this AD to Fokker Services, Hoeksteen 
40, 2132 MS Hoofddorp, PO Box 1357, 2130 EL Hoofddorp, The 
Netherlands; by using the Reporting Form (figure 14 and figure 15, 
as applicable) of Fokker Service Bulletin SBF100-53-118, Revision 2, 
dated October 16, 2012; at the applicable time specified in 
paragraph (i)(1) or (i)(2) of this AD.

[[Page 63135]]

    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(j) Terminating Repair

    Before the accumulation 50,000 total flight cycles, or within 8 
months after the effective date of this AD, whichever occurs later: 
Do the terminating repair of the forward fuselage butt-joints, 
including a detailed inspection for cracks in the butt strap on the 
inside of the applicable joint, and all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-53-119, Revision 2, dated May 8, 
2013. Do all applicable corrective actions before further flight.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for applicable actions 
required by paragraphs (g) and (h)(1) of this AD, if those actions 
were performed before the effective date of this AD using the 
service bulletins specified in paragraphs (k)(1)(i) or (k)(1)(ii) of 
this AD, which are not incorporated by reference in this AD.
    (i) Fokker Service Bulletin SBF100-53-118, dated April 10, 2012.
    (ii) Fokker Service Bulletin SBF100-53-118, Revision 1, dated 
July 6, 2012.
    (2) This paragraph provides credit for actions required by 
paragraphs (h)(2) and (j) of this AD, if those actions were 
performed before the effective date of this AD using the service 
bulletins specified in paragraphs (k)(2)(i) or (k)(2)(ii) of this 
AD, which are not incorporated by reference in this AD.
    (i) Fokker Service Bulletin SBF100-53-119, dated June 20, 2012.
    (ii) Fokker Service Bulletin SBF100-53-119, Revision 1, dated 
October 30, 2012.

(l) Compliance Time Provisions

    No alternative compliance times may be used for the modification 
required by paragraph (j) of this AD, unless extensive new data are 
provided and the compliance time is approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (m) of this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149. 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. The AMOC approval letter 
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
European Aviation Safety Agency Airworthiness Directive 2012-0218, 
dated October 19, 2012, for related information, which can be found 
in the AD docket on the Internet at http://www.regulations.gov.
    (2) 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. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 30, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24795 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-13-P