[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Proposed Rules]
[Pages 91068-91071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28669]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9435; Directorate Identifier 2016-NM-108-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-22-
15 for all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 
airplanes. AD 2012-22-15 currently requires revising the maintenance 
program to incorporate the limitations, tasks, thresholds, and 
intervals specified in certain revised Fokker maintenance review board 
(MRB) documents. Since we issued AD 2012-22-15, we received new 
revisions of airworthiness limitations items (ALI) documents, which 
introduce new and more restrictive maintenance requirements and 
airworthiness limitations. This proposed AD would require revising the 
maintenance or inspection program to incorporate new maintenance 
requirements and airworthiness limitations. We are proposing this AD to 
prevent the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 30, 
2017.

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.

[[Page 91069]]

     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)88-6280-350; 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-
9435; 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-2016-9435; 
Directorate Identifier 2016-NM-108-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

    On October 30, 2012, we issued AD 2012-22-15, Amendment 39-17252 
(77 FR 68063, November 15, 2012) (``AD 2012-22-15''). AD 2012-22-15 
requires actions intended to address an unsafe condition on all Fokker 
Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes.
    Since we issued AD 2012-22-15, we received Fokker Services 
Engineering Reports that consist of new and more restrictive 
airworthiness limitations (ALS).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive AD 2016-0125, dated June 21, 2016 (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 Mark 0100 airplanes. The MCAI states:

    Fokker Services recently published issue 15 of Engineering 
Report SE-623, containing Airworthiness Limitation Items (ALIs) and 
Safe Life Items (SLIs). This report is Part 2 of the Airworthiness 
Limitations Section (ALS Part 2) of the Instructions for Continued 
Airworthiness, referred to in Section 06, Appendix 1, of the Fokker 
70/100 Maintenance Review Board document.
    The complete ALS currently consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements 
(CMRs)--reference: EASA AD 2015-0027 [which corresponds to FAA AD 
2016-11-22, Amendment 39-18549 (81 FR 36438, June 7, 2016)].
    Part 2--Report SE-623, ALIs and SLIs--reference: EASA AD 2014-
0224 [which corresponds to FAA AD 2012-22-15], and
    Part 3--Report SE-672, Fuel ALIs and CDCCLs--reference: EASA AD 
2015-0032 [which corresponds to FAA AD 2016-11-15, Amendment 39-
18542 (81 FR 36447, June 7, 2016)].
    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness. Failure to 
accomplish these actions could result in an unsafe condition.
    EASA previously issued AD 2014-0224, requiring the actions 
described in ALS Part 1 (report SE-473 issue 10), Part 2 (report SE-
623 issue 13) and Part 3 (report SE-672 issue 4). Since that [EASA] 
AD was issued, ALS Part 1 was revised (SE-473 issue 11) and EASA 
issued AD 2015-0027 accordingly. ALS Part 3 was also revised (SE-672 
issue 5) and EASA issued AD 2015-0032 accordingly.
    For the reasons described above, this [EASA] AD retains part of 
the requirements of [EASA] AD 2014-0224, which is superseded, and 
requires implementation of the maintenance actions as specified in 
ALS Part 2 of the Instructions for Continued Airworthiness, Fokker 
Services Engineering Report SE-623 at issue 15 (hereafter referred 
to as `ALS Part 2' in this [EASA] AD).

    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-
9435.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Services B.V. Engineering 
Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 16, issued June 
3, 2016. The service information describes new and more restrictive 
maintenance requirements and airworthiness limitations. 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 the same 
type design.
    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 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 (m)(1) of 
this AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational safety 
of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 15 airplanes of U.S. 
registry.
    The actions required by AD 2012-22-15, and retained in this 
proposed AD, take about 1 work-hour per product, at an average labor 
rate of $85 per work-hour. Based on these figures, the estimated cost 
of the actions that are

[[Page 91070]]

required by AD 2012-22-15 is $85 per product.
    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 $1,275, 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 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 removing Airworthiness Directive (AD) 
2012-22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012), and 
adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2016-9435; Directorate 
Identifier 2016-NM-108-AD.

(a) Comments Due Date

    We must receive comments by January 30, 2017.

(b) Affected ADs

    (1) This AD replaces AD 2012-22-15, Amendment 39-17252 (77 FR 
68063, November 15, 2012) (``AD 2012-22-15'').
    (2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR 
37788, June 25, 2012) (``AD 2012-12-07'').
    (3) This AD affects AD 2008-06-20 R1, Amendment 39-16089 (74 FR 
61018, November 23, 2009) (``AD 2008-06-20 R1'').

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and 
Mark 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 a revision of an airworthiness 
limitations items (ALI) document, which introduces new and more 
restrictive maintenance requirements and airworthiness limitations. 
We are issuing this AD to prevent reduced structural integrity of 
the airplane.

(f) Compliance

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

(g) Retained Maintenance Program Revision, With Revised Compliance 
Language

    This paragraph restates the requirements of paragraph (i) of AD 
2012-22-15, with revised compliance language. Within 3 months after 
December 20, 2012 (the effective date of AD 2012-22-15), revise the 
maintenance program to incorporate the airworthiness limitations 
specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' Issue 13, released August 
25, 2014 (``Fokker Report SE-623, Issue 13''). For all tasks and 
retirement lives identified in Fokker Report SE-623, Issue 13, the 
initial compliance times start from the later of the times specified 
in paragraphs (g)(1) and (g)(2) of this AD, and the repetitive 
inspections must be accomplished thereafter at the applicable 
interval specified in Fokker Report SE-623, Issue 13. Accomplishing 
the revision required by paragraph (k) of this AD terminates the 
requirements of this paragraph.
    (1) Within 3 months after December 20, 2012 (the effective date 
of AD 2012-22-15).
    (2) At the time specified in Fokker Report SE-623, Issue 13.

(h) Retained Corrective Actions, With Specific Delegation Approval 
Language

    This paragraph restates the requirements of paragraph (j) of AD 
2012-22-15, with specific delegation approval language. If any 
discrepancy, as defined in Fokker Report SE-623, Issue 13, is found 
during accomplishment of any task specified in Fokker Report SE-623, 
Issue 13: Within the applicable compliance time specified in Fokker 
Report SE-623, Issue 13, accomplish the applicable corrective 
actions in accordance with Fokker Report SE-623, Issue 13.
    (1) If no compliance time is identified in Fokker Report SE-623, 
Issue 13, accomplish the applicable corrective actions before 
further flight.
    (2) If any discrepancy is found and there is no corrective 
action specified in Fokker Report SE-623, Issue 13: Before further 
flight, repair 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' EASA 
Design Organization Approval (DOA).

(i) Retained ``No Alternative Actions or Intervals,'' With a New 
Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2012-22-15, with a new exception. Except as required by paragraph 
(k) of this AD, after accomplishing the revision required by 
paragraph (g) of this AD, no alternative actions (e.g., inspections) 
or 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 (m)(1) of this AD.

(j) Retained Method of Compliance With AD 2008-06-20, With Revised 
Compliance Language

    This paragraph restates the requirements of paragraph (m) of AD 
2012-22-15, with revised compliance language. Accomplishing the 
actions specified in paragraph (g) of this AD terminates the 
requirements of paragraphs (f)(1) through (f)(5) of AD 2008-06-20 
R1.

(k) New Requirement of This AD: Maintenance or Inspection Program 
Revision

    Within 30 days of the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
ALI instructions specified in Fokker Services B.V. Engineering 
Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 16, issued 
June 3, 2016 (``Fokker Services B.V. Engineering

[[Page 91071]]

Report SE-623, Issue 16''). Accomplishing the revision required by 
this paragraph terminates the requirements of paragraph (g) of this 
AD. Accomplishing the revision required by this paragraph also 
terminates the requirements of paragraph (g) of AD 2012-12-07.
    (1) The initial compliance times for the tasks specified in 
Fokker Services B.V. Engineering Report SE-623, Issue 16, are at the 
later of the applicable compliance times specified in Fokker 
Services B.V. Engineering Report SE-623, Issue 16, or within 30 days 
after the effective date of this AD, whichever is later.
    (2) If any discrepancy is found, before further flight, repair 
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the EASA; or Fokker 
B.V. Service's EASA DOA.

(l) No Alternative Actions or Intervals

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (k) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an AMOC in accordance with the 
procedures specified in paragraph (m)(1) 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, 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: As of the effective date of 
this AD, 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 EASA; or Fokker B.V. Services' EASA 
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0125, dated June 21, 2016, for related 
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-9435.
    (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 November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28669 Filed 12-15-16; 8:45 am]
 BILLING CODE 4910-13-P