[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Proposed Rules]
[Pages 48671-48673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20930]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

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


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal to supersede Airworthiness 
Directive (AD) 2012-22-15, which applies to all Fokker Services B.V. 
Model F28 Mark 0070 and Mark 0100 airplanes. This action revises the 
notice of proposed rulemaking (NPRM) by proposing to require 
incorporating new airworthiness limitations into the maintenance or 
inspection program, as applicable. We are proposing this AD to address 
the unsafe condition on these products. Since these actions would 
impose an additional burden over those in the NPRM, we are reopening 
the comment period to allow the public the chance to comment on these 
proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on December 16, 2016 (81 FR 91068), is reopened.
    We must receive comments on this SNPRM by December 4, 2017.

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 SNPRM, 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 Standards Branch, 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 SNPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket 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 Section, Transport Standards Branch, 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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-9435; 
Product 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 SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM 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 SNPRM.

Discussion

    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.
    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would supersede AD 2012-22-15. The NPRM published in the Federal 
Register on December 16, 2016 (81 FR 91068). The NPRM was prompted by 
new and more restrictive airworthiness limitations. The NPRM proposed 
to revise the maintenance or inspection program, as applicable, to 
incorporate the new and more restrictive airworthiness limitations.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, additional airworthiness limitations have 
been issued and we have determined it is necessary to require revising 
the maintenance or inspection program, as applicable, to incorporate 
the new airworthiness limitations.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0095, dated May 30, 2017 (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 Engineering Report SE-623 contains the 
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 consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements 
(CMRs)--ref. 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--ref. EASA AD 2016-0125 
[which corresponds to certain requirements in FAA AD 2012-22-15], 
and
    Part 3--Report SE-672, Fuel ALIs and CDCCLs--ref. 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 2016-0125, requiring the actions 
described in ALS Part 2, Report SE-623 at issue 15 and 16.

[[Page 48672]]

    Since that [EASA] AD was issued, Fokker Services published issue 
17 of Report SE-623, containing new and/or more restrictive 
maintenance tasks.
    For the reasons described above, this [EASA] AD retains the 
requirements of AD 2016-0125, 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 17 (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 Engineering Report SE-623, ``Fokker 
70/100 ALI's and SLI's,'' Issue 17, dated April 26, 2017. The service 
information describes new and more restrictive 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.

Comments

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

FAA's Determination and Requirements of This SNPRM

    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.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM 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 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 new basic requirements of this SNPRM. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this SNPRM on U.S. operators to be $1,275, or $85 per 
product.
    The new requirements of this SNPRM add no additional economic 
burden.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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; Product Identifier 
2016-NM-108-AD.

(a) Comments Due Date

    We must receive comments by December 4, 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''), which replaced AD 
2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008), 
retaining its requirements.

(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 (ALIs) document, which introduces new and more 
restrictive maintenance requirements and

[[Page 48673]]

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 8, released March 17, 
2011. For all tasks and retirement lives identified in Fokker Report 
SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life 
Items,'' Issue 8, released March 17, 2011, 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, ``Fokker 70/100 Airworthiness Limitation Items 
and Safe Life Items,'' Issue 8, released March 17, 2011. Doing 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, ``Fokker 70/
100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, 
released March 17, 2011.

(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, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Items,'' Issue 8, 
released March 17, 2011, is found during accomplishment of any task 
specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' Issue 8, released March 17, 
2011: Within the applicable compliance time specified in Fokker 
Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and 
Safe Life Items,'' Issue 8, released March 17, 2011, accomplish the 
applicable corrective actions in accordance with Fokker Report SE-
623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life 
Items,'' Issue 8, released March 17, 2011, except as required by 
paragraphs (h)(1) and (h)(2) of this AD.
    (1) If no compliance time is identified in Fokker Report SE-623, 
``Fokker 70/100 Airworthiness Limitation Items and Safe Life 
Items,'' Issue 8, released March 17, 2011, 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, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Items,'' Issue 8, 
released March 17, 2011: Before further flight, contact the Manager, 
International Section, Transport Standards Branch, FAA; or the 
European Aviation Safety Agency (EASA); or Fokker Services' EASA 
Design Organization Approval (DOA); for approved corrective actions, 
and accomplish those actions before further flight.

(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 2008-06-20 R1, With Revised 
Compliance Language

    This paragraph restates the terminating action specified in 
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 
airworthiness limitations specified in Fokker Services B.V. 
Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 
17, dated April 26, 2017. 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, ``Fokker 70/100 
ALI's and SLI's,'' Issue 17, dated April 26, 2017, are at the later 
of the applicable compliance times specified in Fokker Services B.V. 
Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 
17, dated April 26, 2017, 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 Section, 
Transport Standards Branch, FAA; or the EASA; or Fokker B.V. 
Service's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(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 Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (n)(2) of this AD. 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 Section, Transport Standards 
Branch, 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 Airworthiness Directive AD 2017-0095, dated May 30, 
2017, 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-2016-9435.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 
425-227-1137; fax 425-227-1149.
    (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. You may view this service information at the 
FAA, Transport Standards Branch, 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 22, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-20930 Filed 10-18-17; 8:45 am]
BILLING CODE 4910-13-P