[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8328-8331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03430]


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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; Amendment 
39-18830; AD 2017-06-06]
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 superseding Airworthiness Directive (AD) 2012-22-15, 
which applied to all Fokker Services B.V. Model F28 Mark 0070 and Mark 
0100 airplanes. AD 2012-22-15 required revising the maintenance program 
to incorporate the limitations,

[[Page 8329]]

tasks, thresholds, and intervals specified in certain revised Fokker 
maintenance review board (MRB) documents. This new AD requires revising 
the maintenance or inspection program, as applicable, to incorporate 
new maintenance requirements and airworthiness limitations. This AD was 
prompted by new and more restrictive airworthiness limitations. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 3, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 3, 
2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 20, 2012 (77 FR 68063, November 15, 2012).

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 Standards Branch, 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-2016-9435.

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 AD, the regulatory evaluation, any comments received, and 
other information. The 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 Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to supersede AD 2012-22-15, Amendment 39-17252 (77 
FR 68063, November 15, 2012) (``AD 2012-22-15''). AD 2012-22-15 applied 
to all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 
airplanes. The SNPRM published in the Federal Register on October 19, 
2017 (82 FR 48671) (``the SNPRM''). We preceded the SNPRM with a notice 
of proposed rulemaking (NPRM) that published in the Federal Register on 
December 16, 2016 (81 FR 91068) (``the NPRM''). 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. The SNPRM proposed to require revising the maintenance or 
inspection program, as applicable, to incorporate new and more 
restrictive airworthiness limitations that were issued since the NPRM 
was released. We are issuing this AD to prevent reduced structural 
integrity 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 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.
    Since that 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.

Comments

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

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

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, issued 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.

Costs of Compliance

    We estimate that this AD affects 15 airplanes of U.S. registry.
    The actions required by AD 2012-22-15, and retained in this 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

[[Page 8330]]

comply with the new 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 $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.
    This 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 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 removing Airworthiness Directive 2012-
22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012), and adding 
the following new AD.

2017-06-06 Fokker Services B.V: Amendment 39-18830; Docket No. FAA-
2016-9435; Product Identifier 2016-NM-108-AD.

(a) Effective Date

    This AD is effective April 3, 2018.

(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 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 B.V. 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

[[Page 8331]]

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 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, issued 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, issued 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, issued 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.

(o) 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.
    (3) The following service information was approved for IBR on 
April 3, 2018.
    (i) Fokker Services B.V. Engineering Report SE-623, ``Fokker 70/
100 ALI's and SLI's,'' Issue 17, issued April 26, 2017.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
December 20, 2012 (77 FR 68063, November 15, 2012).
    (i) Fokker Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' Issue 8, released March 17, 
2011.
    (ii) Reserved.
    (5) 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.
    (6) 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.
    (7) 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 February 9, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-03430 Filed 2-26-18; 8:45 am]
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