[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2796-2799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01527]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1071; Product Identifier 2018-NM-119-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 adopt a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This 
proposed AD was prompted by a determination

[[Page 2797]]

that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by March 25, 2019.

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: Deliver to Mail address above 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 service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

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-2018-
1071; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 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, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

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-2018-1071; 
Product Identifier 2018-NM-119-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0159, dated July 25, 2018 (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:

    Fokker Services Engineering Report SE-623 contains the 
Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs) for 
Fokker F28 Mark 0070 and Mark 0100 aeroplanes. This report is Part 2 
of the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness, referred to in Section 06, Appendix 1, of 
the Fokker 70/100 Maintenance Review Board document.
    The complete Airworthiness Limitations Section consists of:
    Part 1--Report SE-473, Certification Maintenance Requirements 
(CMRs)--ref. EASA AD 2015-0027 [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 2017-0095 
[corresponds to FAA AD 2017-06-06, Amendment 39-18830 (83 FR 8328, 
February 27, 2018), (``AD 2017-06-06'')], and
    Part 3--Report SE-672, Fuel ALIs and CDCCLs--ref. EASA AD 2015-
0032 [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 [EASA] AD 2017-0095, requiring the 
actions described in Report SE-623 at issue 17. Since that [EASA] AD 
was issued, Fokker Services published issue 18 of Report SE-623, 
containing new and/or more restrictive maintenance tasks.
    For the reason described above, this [EASA] AD retains the 
requirements of [EASA] AD 2017-0095, which is superseded, and 
requires implementation of the maintenance actions as specified in 
the ALS.

    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-2018-
1071.

Relationship Between Proposed AD and Related ADs

    This NPRM does not propose to supersede AD 2017-06-06. Rather, we 
have determined that a stand-alone AD is more appropriate to address 
the changes in the MCAI. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. 
Accomplishment of the proposed actions would then terminate all of the 
requirements of AD 2017-06-06, and, as pursuant to AD 2017-06-06, would 
continue to provide terminating action for paragraph (g) of AD 2012-12-
07, Amendment 39-17087 (77 FR 37788, June 25, 2012).

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Engineering Report SE-623, 
Fokker 70/100 Airworthiness Limitations Section (ALS), Part 2--
(Structure ALI's and Safe Life Items), Issue 18, dated June 14, 2018. 
This service information describes airworthiness limitations for safe 
life limits. 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

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.

[[Page 2798]]

    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 revised maintenance 
documents. 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 (j)(1) of this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:
    We have determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although we recognize that this number may vary from operator to 
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), we have 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, we estimate the total cost per operator 
to be $7,650 (90 work-hours x $85 per work-hour).

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 and associated appliances 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 adding the following new airworthiness 
directive (AD):

Fokker Services B.V.: Docket No. FAA-2018-1071; Product Identifier 
2018-NM-119-AD.

(a) Comments Due Date

    We must receive comments by March 25, 2019.

(b) Affected ADs

    (1) This AD affects AD 2017-06-06, Amendment 39-18830 (83 FR 
8328, February 27, 2018) (``AD 2017-06-06'').
    (2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR 
37788, June 25, 2012) (``AD 2012-12-07'').

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. We are issuing 
this AD to address reduced structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Fokker Engineering Report 
SE-623, Fokker 70/100 Airworthiness Limitations Section Part 2--
(Structure ALI's and Safe Life Items), Issue 18, dated June 14, 
2018.
    (1) The initial compliance time for doing the tasks is at the 
time specified in Fokker Engineering Report SE-623, Fokker 70/100 
Airworthiness Limitations Section Part 2--(Structure ALI's and Safe 
Life Items), Issue 18, dated June 14, 2018, or within 90 days after 
the effective date of this AD, whichever occurs 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 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.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
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 (j)(1) of 
this AD.

(i) Terminating Action for Affected ADs

    (1) Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-06-06.
    (2) Accomplishing the actions required by this AD terminates the 
requirements of paragraph (g) of AD 2012-12-07.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 2799]]

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 (k)(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: 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 the EASA; or Fokker 
Services B.V.'s EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0159, dated July 25, 2018, 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-2018-1071.
    (2) For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.
    (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, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-01527 Filed 2-7-19; 8:45 am]
 BILLING CODE 4910-13-P