[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43604-43607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17297]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0007; Directorate Identifier 2012-NM-038-AD; 
Amendment 39-17889; AD 2014-13-13]
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: We are adopting a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD 
was prompted by reports that the bracket of the rod in the carbon fiber 
reinforced plastic (CFRP) main landing gear (MLG) outboard door had 
detached. In addition, we received reports of broken recessed heads on 
titanium attachment bolts of the operating rod brackets on the modified 
CFRP MLG outboard doors. This AD requires a detailed inspection of the 
CFRP MLG outboard door for play or cracks in the recessed countersunk 
heads of the operating rod bracket attachment bolts; replacement of the 
bolt if necessary; and, for certain airplanes, modification of the CFRP 
MLG outboard doors and attachment to the MLG. We are issuing this AD to 
detect and correct the affected MLG from moving to the down and locked 
position, which could result in MLG collapse during landing or roll-
out, and consequent damage to the airplane and injury to passengers.

DATES: This AD becomes effective September 2, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 2, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0007; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 view this 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.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We 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 F.28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on February 3, 2014 (79 FR 6109).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2012-0023, dated February 6, 2012 (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 F.28 Mark 0070 and 0100 airplanes. The MCAI states:

    In 2005, several occurrences were reported where the bracket of 
the rod in the Carbon Fibre Reinforced Plastic (CFRP) MLG outboard 
door had detached, preventing the MLG to lock properly when selected 
down. Prompted by these reports, CAA-NL [Civil

[[Page 43605]]

Aviation Authority-Netherlands] issued AD NL-2006-001 [http://ad.easa.europa.eu/blob/easa_ad_2006_0002_NL2006001.pdf/AD_NL-2006-001_1] (EASA approval 2006-0002) to require the inspection and 
modification of the attachment of the operating rod bracket as 
detailed in Fokker Service Bulletin (SB) SBF100-52-080.
    After that [EASA] AD was issued, several operators reported 
broken recessed heads of titanium attachment bolts of the operating 
rod bracket on modified (i.e. post-SBF100-52-080) CFRP MLG outboard 
doors. In such a situation, the remaining bolt shafts can get pulled 
through the external repair patch and the carbon fibre door outer 
skin, causing the operating rod, with the detached bracket, to get 
stuck between the MLG main fitting and wing lower skin. The primary 
factor to the cause of breaking bolt heads has been determined to be 
incorrect adjustment of the MLG outboard door.
    This condition, if not detected and corrected, would prevent the 
affected MLG from moving to the down and locked position, possibly 
resulting in MLG collapse during landing or roll-out and consequent 
damage to the aeroplane and/or injury to the occupants.
    To address this potential unsafe condition, Fokker Services has 
published SBF100-52-090, providing modification instructions to 
install an improved attachment of the MLG outboard door operating 
rod.
    For the reasons described above, this new [EASA] AD requires a 
one-time detailed inspection for play or cracks in the recessed bolt 
heads and, depending on findings, applicable corrective actions, 
modification of the operating rod bracket attachment to the CFRP MLG 
outboard door, and introduction of a weaker (aluminum) bolt in the 
attachment of the MLG outboard door operating rod.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0007-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 6109, February 3, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 6109, February 3, 2014), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was intended to clarify the method of 
compliance and to provide operators with better visibility of repairs 
that are specifically developed and approved to correct the unsafe 
condition. In addition, we proposed to change the phrase ``its 
delegated agent'' to include a design approval holder (DAH) with State 
of Design Authority design organization approval (DOA), as applicable, 
to refer to a DAH authorized to approve required repairs for the 
proposed AD.
    No comments were provided to the NPRM (79 FR 6109, February 3, 
2014) about these proposed changes. However, a comment was provided for 
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action must be accomplished using a 
method approved by the FAA, the European Aviation Safety Agency (EASA), 
or Airbus's EASA DOA. Where necessary throughout this AD, we also 
replaced any reference to approvals of corrective actions with a 
reference to the Contacting the Manufacturer paragraph.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM discussed previously, Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out 
that in many cases the foreign manufacturer's service bulletin and the 
foreign authority's MCAI might have been issued some time before the 
FAA AD. Therefore, the DOA might have provided U.S. operators with an 
approved repair, developed with full awareness of the unsafe condition, 
before the FAA AD is issued. Under these circumstances, to comply with 
the FAA AD, the operator would be required to go back to the 
manufacturer's DOA and obtain a new approval document, adding time and 
expense to the compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a

[[Page 43606]]

requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate. We also have 
decided not to include a generic reference to either the ``delegated 
agent'' or ``DAH with State of Design Authority design organization 
approval,'' but instead we have provided the specific delegation 
approval granted by the State of Design Authority for the DAH in the 
Contacting the Manufacturer paragraph of this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 6109, February 3, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 6109, February 3, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We also estimate that it will take about 12 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $10,000 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $44,080, or $11,020 per product.

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 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. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0007; or in person at the 
Docket Management Facility 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 the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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):

2014-13-13 Fokker Services B.V.: Amendment 39-17889. Docket No. FAA-
2014-0007; Directorate Identifier 2012-NM-038-AD.

(a) Effective Date

    This AD becomes effective September 2, 2014.

(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, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports that the bracket of the rod in 
the carbon fiber reinforced plastic (CFRP) main landing gear (MLG) 
outboard door had detached. In addition, we received reports of 
broken recessed heads on titanium attachment bolts of the operating 
rod brackets on the modified CFRP MLG outboard doors. We are issuing 
this AD to detect and correct the affected MLG from moving to the 
down and locked position, which could result in MLG collapse during 
landing or roll-out, and consequent damage to the airplane and 
injury to passengers.

(f) Compliance

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

(g) Inspection

    Within 9 months after the effective date of this AD, do a 
detailed inspection of the CFRP MLG outboard door for play and 
cracks in the recessed countersunk heads of the operating rod 
bracket attachment bolts, in accordance with Part 1 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-52-
090, dated November 17, 2011, including Fokker Manual Change 
Notification F100-147, dated October 28, 2011, as revised by Fokker 
Service Bulletin Change Notification SBF100-52-090/01, dated January 
24, 2012.

(h) Corrective Action

    If, during the inspection required by paragraph (g) of this AD, 
any play or crack is found in any countersunk bolt head, and the 
configuration deviation list (CDL) item 52-07 cannot be applied: 
Before further flight, replace the bolt with a new bolt, in 
accordance with the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-52-090, dated November 17, 2011, including Fokker 
Manual Change Notification F100-147, dated October 28, 2011, as 
revised by Fokker Service Bulletin Change Notification SBF100-52-
090/01, dated January 24, 2012.

[[Page 43607]]

(i) Modification Prior to CFRP Door Installation

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD: Modify the CFRP MLG outboard doors and attachment to the 
MLG, in accordance with Part 2 of the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-52-090, dated November 17, 2011, 
including Fokker Manual Change Notification F100-147, dated October 
28, 2011, as revised by Fokker Service Bulletin Change Notification 
SBF100-52-090/01, dated January 24, 2012. Accomplishing the 
modification in this paragraph terminates the inspection required by 
paragraph (g) of this AD.
    (1) For airplanes on which a CFRP MLG outboard door is installed 
as of the effective date of this AD: Do the modification within 24 
months after the effective date of this AD.
    (2) For airplanes on which an aluminum door is installed as of 
the effective date of this AD: Do the modification prior to the 
installation of the CFRP MLG outboard door.

    Note 1 to paragraph (i) of this AD:  The aluminum MLG outboard 
doors and the CFRP MLG outboard doors are two-way interchangeable.

(j) Parts Installation Prohibition

    As of the effective date of this AD, do not install on any 
airplane an MLG outboard door having part number (P/N) D13310-401 
through -418, or any MLG outboard door assembly having P/N D13312-
401 through -410.

    Note 2 to paragraph (j) of this AD:  Civil Aviation Authority-
Netherlands (CAA-NL) AD NL-2006-001, dated January 5, 2006 (European 
Aviation Safety Agency (EASA) approval 2006-002), contains guidance 
for modifying spare MLG outboard door assemblies having P/N D13312-
401 through -410, to P/N D13312-7XX standard, as specified in the 
Accomplishment Instructions of Fokker Component Service Bulletin 
D13312-52-09, December 12, 2005, which is not incorporated by 
reference in this AD.

(k) Parts Installation Limitation

    As of the effective date of this AD, do not install on any 
airplane a P/N D13310-701 through -708 MLG outboard door, or a P/N 
D13312-702 through -711 MLG outboard door assembly, unless the part 
has been inspected for cracks in the recessed bolt heads, all 
applicable corrective actions have been done, and the CFRP MLG 
outboard door has been modified, in accordance with the 
Accomplishment Instructions of Fokker Component Service Bulletin 
D13312-52-015, dated November 17, 2011.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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, 
WA 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) 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 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information EASA 
Airworthiness Directive 2012-0023, dated February 6, 2012, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0007-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 Component Service Bulletin D13312-52-015, dated 
November 17, 2011.
    (ii) Fokker Service Bulletin SBF100-52-090, dated November 17, 
2011, including Fokker Manual Change Notification F100-147, dated 
October 28, 2011.
    (iii) Fokker Service Bulletin Change Notification SBF100-52-090/
01, dated January 24, 2012. The page number shown on the first page 
of this document should read ``Page 1 of 2.''
    (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 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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 Renton, Washington, on June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17297 Filed 7-25-14; 8:45 am]
BILLING CODE 4910-13-P