[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13475-13477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04729]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules 
and Regulations  

[[Page 13475]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0105; Product Identifier 2019-NM-172-AD; Amendment 
39-19851; AD 2020-04-12]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directives (ADs) 2012-22-
05 and 2018-19-03, which applied to certain Fokker Services B.V. Model 
F28 Mark 0070 and 0100 airplanes. AD 2012-22-05 required inspecting for 
cracks of the pistons on the main landing gear (MLG), and replacing the 
affected pistons if necessary. AD 2012-22-05 also required modifying 
the MLG, and revising the airplane maintenance program. AD 2018-19-03 
required an inspection of the MLG, and replacement if necessary. This 
AD retains the requirements of AD 2012-22-05, expands the 
applicability, and requires a new modification or replacement of the 
MLG; as specified in a European Union Aviation Safety Agency (EASA) AD, 
which is incorporated by reference. This AD was prompted by a 
determination that the required heat treatment may not have been 
applied to certain MLG pistons. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD becomes effective March 24, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 24, 
2020.
    The FAA must receive comments on this AD by April 23, 2020.

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 https://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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD, 
contact the EASA, 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 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0105.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0105; 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 AD, 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 Rodriquez, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued AD 2012-22-05, Amendment 39-17241 (77 FR 68052, 
November 15, 2012) (``AD 2012-22-05''), and AD 2018-19-03, Amendment 
39-19403 (83 FR 46859, September 17, 2018) (``AD 2018-19-03''), which 
applied to certain Fokker Services B.V. Model F28 Mark 0070 and 0100 
airplanes. AD 2012-22-05 required inspecting for cracks of the pistons 
on the MLG, and replacing the affected pistons if necessary. AD 2012-
22-05 also required modifying the MLG, and revising the airplane 
maintenance program. AD 2018-19-03 required an inspection of the MLG, 
and replacement if necessary. The FAA issued these ADs to address MLG 
failure during the landing roll-out, which could result in damage to 
the airplane and injury to occupants.

Actions Since ADs 2012-22-05 and 2018-19-03 Were Issued

    Since ADs 2012-22-05 and 2018-19-03 were issued, the FAA has 
received a report of a crack found in the lower portion of a left-hand 
MLG piston; one possible factor was hydrogen-assisted cracking. The FAA 
determined that the cracked piston was part of a batch of six MLG 
pistons on which the required heat treatments may not have been applied 
during overhaul. Another possible contributing factor is that the wire 
harness port of the MLG piston is a highly stressed area, prone to 
high-rate crack growth if small surface imperfections are present.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0224, dated September 6, 2019 
(``EASA AD 2019-0224'') (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. EASA AD 2019-0224 supersedes EASA ADs 2011-0159 and 2017-
0163 (which correspond to FAA ADs 2012-22-05 and 2018-19-03).
    This AD was prompted by a report of a crack found in the lower 
portion of a left-hand MLG piston, and a determination that the 
required heat treatment may not have been applied to certain MLG 
pistons. See the MCAI for additional background information.

[[Page 13476]]

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2012-22-05 this AD retains all of the requirements of AD 2012-22-05. 
Those requirements are referenced in EASA AD 2019-0224, which, in turn, 
is referenced in paragraph (g) of this AD. This AD retains none of the 
requirements of AD 2018-19-03.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0224 describes procedures for repetitive inspections 
of the MLG pistons for cracks, replacing cracked MLG pistons, and 
modifying the MLG by replacing each affected part (MLG piston or MLG 
unit) with a serviceable part or replacing each affected MLG unit with 
a serviceable unit.
    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.

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 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 issuing this AD because the agency 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2019-0224 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD.

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 and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0224 
is incorporated by reference in this AD. This AD, therefore, requires 
compliance with EASA AD 2019-0224 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this 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 2019-0224 that is required for 
compliance with EASA AD 2019-0224 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0105 after the FAA final rule is published.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of these products, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0105; 
Product Identifier 2019-NM-172-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provide the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2012-22-05...........  24 work-hours x $85 per hour =                $0          $2,040
                                                 $2,040.
New actions...................................  24 work-hours x $85 per hour =                 0           2,040
                                                 $2,040.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this AD.

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 develop on products identified in this 
rulemaking action.

Regulatory Findings

    The FAA has 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

[[Page 13477]]

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) 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.

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 (AD) 
2012-22-05, Amendment 39-17241 (77 FR 68052, November 15, 2012), and AD 
2018-19-03, Amendment 39-19403 (83 FR 46859, September 17, 2018), and 
adding the following new AD:

2020-04-12 Fokker Services B.V.: Amendment 39-19851; Docket No. FAA-
2020-0105; Product Identifier 2019-NM-172-AD.

(a) Effective Date

    This AD becomes effective March 24, 2020.

(b) Affected ADs

    This AD replaces AD 2012-22-05, Amendment 39-17241 (77 FR 68052, 
November 15, 2012) (``AD 2012-22-05''), and AD 2018-19-03, Amendment 
39-19403 (83 FR 46859, September 17, 2018) (``AD 2018-19-03'').

(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 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report of a crack found in the lower 
portion of a left-hand main landing gear (MLG) piston, and a 
determination that the required heat treatment may not have been 
applied to certain MLG pistons. The FAA is issuing this AD to 
address MLG failure during the landing roll-out, which could result 
in damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Requirements

    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 
2019-0224, dated September 6, 2019 (``EASA AD 2019-0224'').

(h) Exceptions to EASA AD 2019-0224

    (1) Where EASA AD 2019-0224 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD refers to the effective date of EASA AD 2011-
0159, this AD requires using December 20, 2012 (the effective date 
of AD 2012-22-05).
    (3) The ``Remarks'' section of EASA AD 2019-0224 does not apply 
to this AD.

(i) 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 (j) of this AD. Information may 
be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2012-22-05 are approved as 
AMOCs for the corresponding provisions of EASA AD 2019-0224 that are 
required by paragraph (g) of this AD.
    (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.

(j) Related Information

    For more information about this AD, contact Tom Rodriquez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226; email [email protected].

(k) 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 13, 2020.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0224, 
dated September 6, 2019.
    (ii) [Reserved]
    (4) For information about EASA AD 2019-0224, 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.
    (5) You may view this 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0105.
    (6) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-04729 Filed 3-6-20; 8:45 am]
 BILLING CODE 4910-13-P