[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Proposed Rules]
[Pages 8166-8168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03136]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-0464; Directorate Identifier 2015-NM-046-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 all 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This 
proposed AD was prompted by the need for more restrictive airworthiness 
limitations. This proposed AD would require revising the maintenance 
program or inspection program, as applicable, to incorporate certain 
maintenance requirement tasks, thresholds, and intervals. We are 
proposing this AD to reduce the potential for significant failure 
conditions and consequent loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 4, 2016.

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 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 NPRM, contact Fokker 
Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL 
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-

[[Page 8167]]

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
0464; 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 proposed 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. 
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, WA 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-2016-0464; 
Directorate Identifier 2015-NM-046-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0027, dated February 20, 2015 (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:

    Fokker Services published issue 11 of Engineering Report SE-473, 
containing Certification Maintenance Requirements (CMRs). This 
report is Part 1 of the Airworthiness Limitations Section (ALS Part 
1) of the Instructions for Continued Airworthiness, referred to in 
Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review 
Board (MRB) document.
    The complete ALS currently consists of:
    Part 1--Report SE-473 (CMRs), Part 2--Report SE-623, 
Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs), 
and Part 3--Report SE-672, Fuel ALIs and Critical Design 
Configuration Control Limitations (CDCCLs).
    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD requires 
implementation of the maintenance actions as specified in ALS Part 1 
of the Instructions for Continued Airworthiness, Fokker Services 
Engineering Report SE-473 at issue 11.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
0464.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Engineering Report, Airworthiness 
Limitations Section (ALS), ``Fokker 70/100 Certification Maintenance 
Requirements,'' of Fokker Services B.V. Engineering Report SE-473, 
Issue 11, released January 19, 2015. This service information describes 
certification maintenance requirements. This service information 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 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 these 
same type designs.
    This proposed AD would require 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 proposed 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 
(i)(1) of this proposed AD. The request should include a description of 
changes to the required actions that will ensure the continued 
operational safety of the airplane.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Fokker Services B.V. maintenance documentation or by contacting 
Fokker Services B.V. for repair instructions, and provides for varying 
compliance times for the corrective actions depending on the inspection 
findings. However, this proposed AD does not include that requirement. 
Operators of U.S.-registered airplanes are required by general 
airworthiness and operational regulations to perform all maintenance 
before further flight using methods that are acceptable to the FAA. We 
consider those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 8 airplanes of U.S. 
registry.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $680, or $85 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

[[Page 8168]]

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.

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 airworthiness 
directive (AD):

Fokker Services B.V.: Docket No. FAA-2016-0464; Directorate 
Identifier 2015-NM-046-AD.

(a) Comments Due Date

    We must receive comments by April 4, 2016.

(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 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by the need for more restrictive 
airworthiness limitations. We are issuing this AD to reduce the 
potential for significant failure conditions and consequent loss of 
controllability of the airplane.

(f) Compliance

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

(g) Maintenance Program Revision

    (1) Within 12 months after the effective date of this AD, revise 
the maintenance or inspection program, as applicable, to incorporate 
the certification maintenance requirements (CMR) specified in Fokker 
Services B.V. Engineering Report, Airworthiness Limitations Section 
(ALS), ``Fokker 70/100 Certification Maintenance Requirements,'' of 
Fokker Services B.V. Engineering Report SE-473, Issue 11, released 
January 19, 2015.
    (2) Do the applicable initial CMR inspection at the time 
specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as 
applicable, as specified in Fokker Services B.V. Engineering ALS, 
``Fokker 70/100 Certification Maintenance Requirements,'' Fokker 
Services B.V. Engineering Report SE-473, Issue 11, released January 
19, 2015. If any discrepancy is found during any inspection, repair 
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation 
Safety Agency; or Fokker B.V. Service's EASA Design Organization 
Approval (DOA). Repair any discrepancy before further flight.
    (i) For CMR inspection 783100-CM-01: Within 1 year or 3,000 
flight hours after the effective date of this AD, whichever occurs 
first, but not later than 12,000 flight hours after accomplishing 
MRB task 783100-00-04.
    (ii) For CMR inspection 783500-CM-01: Within 1 year or 3,000 
flight hours after the effective date of this AD, whichever occurs 
first, but not later than 10,000 flight hours after accomplishing 
MRB task 783100-01-01.

(h) No Alternative Inspections or Inspection Intervals

    After accomplishment of the actions specified in paragraph 
(g)(2) of this AD, no alternative actions (e.g., inspections) and 
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 (i)(1) of this AD.

(i) 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 
European Aviation Safety Agency (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

    (1) Refer to MCAI EASA Airworthiness Directive 2015-0027, dated 
February 20, 2015, for related information. This MCAI may be found 
in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-0464.
    (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 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.

    Issued in Renton, Washington, on February 6, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-03136 Filed 2-17-16; 8:45 am]
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