[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Proposed Rules]
[Pages 45697-45699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18762]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0666; Product Identifier 2019-NM-086-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes 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 reports of lavatory waste bin fire
extinguishers found depleted. This proposed AD would require a one-time
inspection of the installation of the waste bins for interference (the
inspection also includes a weight check of the waste bin fire
extinguisher and an inspection of the discharge tubes for damage),
modification of affected waste bins, and replacement of affected fire
extinguishers, as specified in a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated by reference. This proposed AD
would also require replacement of the fire extinguisher if any damaged
discharge tube is found or the weight of the waste bin fire
extinguisher is too low. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October 15,
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 the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material 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. It is also available in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0666.
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-2019-
0666; 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 is listed above.
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
The FAA invites 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-2019-0666;
Product Identifier 2019-NM-086-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0095, dated April 30, 2019
(``EASA AD 2019-0095'') (also referred to 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:
Occurrences have been reported of lavatory waste bin fire
extinguishers found depleted. The subsequent investigation results
revealed that this was due to damage to the discharge tubes, which
may have occurred during installation or removal of the waste bin,
having collided with the fire extinguisher discharge tubes. Except
for the affected fire extinguishers, having too long discharge
tubes, this interference is fully due to the geometry of the
affected waste bins.
This condition, if not detected and corrected, could lead to
failure of discharging the extinguishing agent in case of lavatory
bin fire, possibly resulting in damage to the aeroplane and injury
to occupants.
To address this potential unsafe condition, Fokker Services
published the SB [Fokker Service Bulletin SBF100-25-134, dated
February 28, 2019], providing inspection instructions to verify
correct clearance between the waste bin and the fire extinguisher
discharge tubes and to replace affected fire extinguishers.
For the reasons described above, this [EASA] AD requires a one-
time inspection of the installation of each affected waste bin,
modification of the affected waste bin(s) and replacement of the
affected fire extinguisher(s). This [EASA] AD also prohibits (re)
installation of affected waste bins or affected fire extinguishers.
[[Page 45698]]
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0095 describes procedures for a one-time inspection of
the installation of each affected waste bin for interference between
the waste bins and the fire extinguisher discharge tubes (the
inspection for interference also includes a weight check of the waste
bin fire extinguisher and a detailed inspection of the discharge tubes
for damage), modification of affected waste bins, and replacement of
affected fire extinguishers. This material 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,
and it is publicly available through the EASA website.
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 a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0095 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD, and except as discussed under ``Differences
Between this Proposed AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers to use this process. As a
result, EASA AD 2019-0095 will be incorporated by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
the provisions specified in EASA AD 2019-0095, in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in the EASA AD does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD. Service information specified in EASA AD 2019-0095 that is
required for compliance with EASA AD 2019-0095 will be available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0666 after the FAA final rule is published.
Differences Between This Proposed AD and the MCAI
EASA AD 2019-0095 specifies doing an inspection for interference,
which includes a weight check of the waste bin fire extinguisher and an
inspection of the discharge tubes for damage. EASA AD 2019-0095
includes a corrective action for the inspection for interference but
does not identify a corrective action for the weight check and
inspection of the discharge tubes. However, the service information
referenced in EASA AD 2019-0095 does specify a corrective action for
the weight check and inspection of the discharge tubes (i.e.,
replacement of the fire extinguisher). Therefore, this proposed AD
would require replacement of the fire extinguisher if any damaged
discharge tube is found or the weight of the waste bin fire
extinguisher is too low.
Costs of Compliance
The FAA estimates that this proposed AD affects 4 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85................................ $0 $85 $340
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...... $1,100 $1,355
------------------------------------------------------------------------
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.
The FAA is 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
[[Page 45699]]
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
The FAA 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) Will not affect intrastate aviation in Alaska, and
(3) 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-2019-0666; Product Identifier
2019-NM-086-AD.
(a) Comments Due Date
The FAA must receive comments by October 15, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to 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 25, Equipment/
Furnishings.
(e) Reason
This AD was prompted by reports of lavatory waste bin fire
extinguishers found depleted. An investigation revealed that damage
to the discharge tubes may have occurred during installation or
removal of the waste bin. Insufficient clearance between the waste
bin and the discharge tubes may have caused the fire extinguisher
discharge tubes to collide with the waste bin and discharge. The FAA
is issuing this AD to address this condition, which could lead to
failure of discharging the extinguishing agent during a lavatory bin
fire, and consequent damage to the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements as Specified in EASA AD 2019-0095
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0095, dated April 30, 2019 (``EASA AD 2019-0095'').
(h) Exceptions to EASA AD 2019-0095
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0095 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0095 does not apply
to this AD.
(i) Additional Requirement: Corrective Action
If, during any inspection required by paragraph (1) of EASA AD
2019-0095 (which includes a weight check of the waste bin fire
extinguisher and an inspection of the discharge tubes for damage),
any damaged discharge tube is found or the weight of the waste bin
fire extinguisher is too low, before further flight, replace the
fire extinguisher with a serviceable fire extinguisher.
(j) 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 (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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Fokker
Services B.V.'s EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.
(k) Related Information
(1) For information about EASA AD 2019-0095, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019-0095 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0666.
(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.
Issued in Des Moines, Washington, on August 22, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-18762 Filed 8-29-19; 8:45 am]
BILLING CODE 4910-13-P