[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 61983-61985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6665; Directorate Identifier 2015-NM-070-AD; 
Amendment 39-18644; AD 2016-18-13]
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 F28 Mark 0070 and 0100 airplanes. This AD 
was prompted by an aileron-wing flutter analysis finding that, when a 
hydraulic aileron actuator is not powered while at least one aileron 
flutter damper is inoperative (latent failure), the maximum speed 
currently defined in the airplane flight manual (AFM) is insufficient 
to meet the required safety margin. This AD requires revising the AFM 
to include procedures to follow in the event of a hydraulic system 
failure and abnormal flight control behavior. We are issuing this AD to 
ensure that the flightcrew has procedures to follow in the event of a 
hydraulic system failure and abnormal flight control behavior. If not 
corrected, this condition could lead to aileron flutter and possible 
reduced control of the airplane.

DATES: This AD is effective October 13, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 13, 
2016.

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-6665.

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-
6665; 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 Office (telephone 
800-647-5527) is 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 20590.

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 253-227-1137; 
fax 253-227-1149.

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 F28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on May 13, 2016 (81 FR 29800) (``the NPRM''). The NPRM 
was prompted by an aileron-wing flutter analysis finding that, when a 
hydraulic aileron actuator is not powered while at least one aileron 
flutter damper is inoperative (latent failure), the maximum speed 
currently defined in the AFM is insufficient to meet the required 
safety margin. The NPRM proposed to require revising the AFM to include 
procedures to follow in the event of a hydraulic system failure and 
abnormal flight control behavior. We are issuing this AD to ensure that 
the flightcrew has procedures to follow in the event of a hydraulic 
system failure and abnormal flight control behavior. If not corrected, 
this condition could lead to aileron flutter and possible reduced 
control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0078, dated May 6, 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 F28 Mark 0070 and 0100 airplanes. The MCAI states:

    In the frame of a complementary aileron-wing flutter analysis 
performed by Fokker Services, it has been found that in case a 
hydraulic aileron actuator is not powered, while at least one 
aileron flutter damper is inoperative (latent failure), the maximum 
speed currently defined in the Airplane Flight Manual (AFM) is 
insufficient to meet the required safety margin.
    This condition, if not corrected, could lead to aileron flutter, 
possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, Fokker Services 
published an AFM change through Manual Change Notification--
Operational (MCNO) F100-066 which introduces an additional step in 
the Abnormal Procedures for [a] hydraulic [system] failure and for 
abnormal flight control behaviour. This new step consists in a speed 
reduction to Vra (IAS 250kt/M 0.65) to restore a sufficient margin 
to the flutter speed.
    For the reasons described above, this [EASA] AD requires 
incorporation of the amended abnormal procedures into the applicable 
AFM.

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-
6665.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD

[[Page 61984]]

as proposed except for minor editorial changes. We have determined that 
these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Fokker Manual Change Notification--Operational 
Documentation MCNO-F100-066, dated December 1, 2014. The service 
information contains amendments to applicable AFMs that introduce an 
additional step in the abnormal procedures for a hydraulic system 
failure and abnormal flight control behavior. 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.

Costs of Compliance

    We estimate that this 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 AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this 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 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.

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):

2016-18-13 Fokker Services B.V.: Amendment 39-18644; Docket No. FAA-
2016-6665; Directorate Identifier 2015-NM-070-AD.

(a) Effective Date

    This AD is effective October 13, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Fokker Services B.V. Model F28 Mark 0070 
and 0100 airplanes, certificated in any category, all serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by an aileron-wing flutter analysis finding 
that, when a hydraulic aileron actuator is not powered while at 
least one aileron flutter damper is inoperative (latent failure), 
the maximum speed currently defined in the airplane flight manual 
(AFM) is insufficient to meet the required safety margin. We are 
proposing this AD to ensure that the flightcrew has procedures to 
follow in the event of a hydraulic system failure and abnormal 
flight control behavior. If not corrected, this condition could lead 
to aileron flutter and possible reduced control of the airplane.

(f) Compliance

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

(g) AFM Revision

    Within 12 months after the effective date of this AD, revise the 
Abnormal Procedures and Limitations sections of the applicable AFM 
to include the information in Fokker Manual Change Notification--
Operational Documentation MCNO-F100-066, dated December 1, 2014. 
This may be accomplished by inserting a copy of Fokker Manual Change 
Notification--Operational Documentation MCNO-F100-066, dated 
December 1, 2014, into the applicable AFM. Fokker Manual Change 
Notification--Operational Documentation MCNO-F100-066, dated 
December 1, 2014, introduces procedures for the flightcrew to follow 
in the event of a hydraulic system failure and abnormal flight 
control behavior. When the information in Fokker Manual Change 
Notification--Operational Documentation MCNO-F100-066, dated 
December 1, 2014, is included in the general revisions of the AFM, 
the general revisions may be inserted in the AFM, and Fokker Manual 
Change Notification--Operational Documentation MCNO-F100-066, dated 
December 1, 2014, may be removed.

(h) 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.
    (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 B.V. Service's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

[[Page 61985]]

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2015-0078, dated May 6, 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-2016-6665.

(j) 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 Manual Change Notification-Operational Documentation 
MCNO F100-066, dated December 1, 2014.
    (ii) Reserved.
    (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.tml.

    Issued in Renton, Washington, on August 29, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-21288 Filed 9-7-16; 8:45 am]
 BILLING CODE 4910-13-P