Airworthiness Directives; Fokker Services B.V. Airplanes, 43604-43607 [2014-17297]

Download as PDF pmangrum on DSK3VPTVN1PROD with RULES 43604 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations (b) If the fresh pear production is damaged by an insured cause of loss, and if eleven percent (11%) or more of the harvested and appraised production does not grade at least U.S. Number 1 in accordance with the United States Standards for Grades of Summer and Fall Pears or the United States Standards for Grades of Winter Pears, as applicable, the amount of production to count will be reduced as follows: (1) By two percent (2%) for each full one percent (1%) in excess of ten percent (10%), when eleven percent (11%) through sixty percent (60%) of the pears fail the grade standard; or (2) By one hundred percent (100%) when more than sixty percent (60%) of the pears fail the grade standard. (3) If you sell more of your fresh pear production as U.S. Number 1 or better than the quantity of pears determined to grade U.S. Number 1 or better in the appraisal, the quantity of such sold production exceeding the amount determined to grade U.S. Number 1 or better in the appraisal will be included as production to count under this option. (c) Marketable production that grades less than U.S. Number 1 due to uninsurable causes not covered by this endorsement will not be reduced. (d) Any adjustments that reduce your production to count under this option will not be applicable when determining production to count for Actual Production History purposes. Fresh Pear Quality Adjustment Example: You have a 100 percent share of a 20acre pear orchard. You have a production guarantee of 15 tons/acre. You elect 100 percent of the $500/ton price election. You are only able to produce 10 tons/acre and only 7.5 tons/ acre grade U.S. Number 1 or better (7.5 × 20 = 150 tons). Your indemnity would be calculated as follows: (1) 20 acres × 15 tons per acre = 300 tons production guarantee; (2) 300 tons production guarantee × $500/ton = $150,000 value of production guarantee; (3) The value of fresh pear production to count is determined as follows: (i) 200 tons harvested production minus 150 tons that graded U.S. Number 1 or better = 50 tons failing to make grade; (ii) 50 tons failing grade/200 tons of production = 25 percent of production failing to grade U.S. Number 1; (iii) 25 percent minus 10 percent = 15 percent in excess of 10 percent allowance failing to make grade; (iv) 15 percent × 2 = 30 percent total quality adjustment for pears failing to grade U.S. Number 1; VerDate Mar<15>2010 14:46 Jul 25, 2014 Jkt 232001 (v) 200 tons production × 30 percent quality adjustment = 60 tons of pears failing to make grade; (vi) 200 tons production minus 60 tons failing to make grade = 140 tons of quality adjusted fresh pear production to count; (vii) 140 tons of quality adjusted fresh pear production to count × $500/ton price election = $70,000 value of fresh pear production to count; (4) $150,000 value of production guarantee minus $70,000 value of fresh pear production to count = $80,000 value of loss; (5) $80,000 value of loss × 100 percent share = $80,000 indemnity payment. Signed in Washington, DC, on July 18, 2014. Brandon Willis, Manager, Federal Crop Insurance Corporation. [FR Doc. 2014–17491 Filed 7–25–14; 8:45 am] BILLING CODE 3410–08–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0007; Directorate Identifier 2012–NM–038–AD; Amendment 39–17889; AD 2014–13–13] RIN 2120–AA64 Airworthiness Directives; Fokker Services B.V. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by reports that the bracket of the rod in the carbon fiber reinforced plastic (CFRP) main landing gear (MLG) outboard door had detached. In addition, we received reports of broken recessed heads on titanium attachment bolts of the operating rod brackets on the modified CFRP MLG outboard doors. This AD requires a detailed inspection of the CFRP MLG outboard door for play or cracks in the recessed countersunk heads of the operating rod bracket attachment bolts; replacement of the bolt if necessary; and, for certain airplanes, modification of the CFRP MLG outboard doors and attachment to the MLG. We are issuing this AD to detect and correct the affected MLG from moving to the down and locked position, which could result in MLG SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 collapse during landing or roll-out, and consequent damage to the airplane and injury to passengers. DATES: This AD becomes effective September 2, 2014. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 2, 2014. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0007; or in person at the 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. 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 technicalservices@fokker.com; Internet https://www.myfokkerfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1137; fax 425–227–1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. The NPRM published in the Federal Register on February 3, 2014 (79 FR 6109). The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Airworthiness Directive 2012–0023, dated February 6, 2012 (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 F.28 Mark 0070 and 0100 airplanes. The MCAI states: In 2005, several occurrences were reported where the bracket of the rod in the Carbon Fibre Reinforced Plastic (CFRP) MLG outboard door had detached, preventing the MLG to lock properly when selected down. Prompted by these reports, CAA–NL [Civil E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations Aviation Authority-Netherlands] issued AD NL–2006–001 [https://ad.easa.europa.eu/ blob/easa_ad_2006_0002_NL2006001.pdf/ AD_NL-2006-001_1] (EASA approval 2006– 0002) to require the inspection and modification of the attachment of the operating rod bracket as detailed in Fokker Service Bulletin (SB) SBF100–52–080. After that [EASA] AD was issued, several operators reported broken recessed heads of titanium attachment bolts of the operating rod bracket on modified (i.e. post-SBF100– 52–080) CFRP MLG outboard doors. In such a situation, the remaining bolt shafts can get pulled through the external repair patch and the carbon fibre door outer skin, causing the operating rod, with the detached bracket, to get stuck between the MLG main fitting and wing lower skin. The primary factor to the cause of breaking bolt heads has been determined to be incorrect adjustment of the MLG outboard door. This condition, if not detected and corrected, would prevent the affected MLG from moving to the down and locked position, possibly resulting in MLG collapse during landing or roll-out and consequent damage to the aeroplane and/or injury to the occupants. To address this potential unsafe condition, Fokker Services has published SBF100–52– 090, providing modification instructions to install an improved attachment of the MLG outboard door operating rod. For the reasons described above, this new [EASA] AD requires a one-time detailed inspection for play or cracks in the recessed bolt heads and, depending on findings, applicable corrective actions, modification of the operating rod bracket attachment to the CFRP MLG outboard door, and introduction of a weaker (aluminum) bolt in the attachment of the MLG outboard door operating rod. You may examine the MCAI in the AD docket on the Internet at https:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0007-0002. pmangrum on DSK3VPTVN1PROD with RULES Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (79 FR 6109, February 3, 2014) or on the determination of the cost to the public. ‘‘Contacting the Manufacturer’’ Paragraph in This AD Since late 2006, we have included a standard paragraph titled ‘‘Airworthy Product’’ in all MCAI ADs in which the FAA develops an AD based on a foreign authority’s AD. The MCAI or referenced service information in an FAA AD often directs the owner/operator to contact the manufacturer for corrective actions, such as a repair. Briefly, the Airworthy Product paragraph allowed owners/ operators to use corrective actions provided by the manufacturer if those actions were FAA-approved. In addition, the paragraph stated that any VerDate Mar<15>2010 14:46 Jul 25, 2014 Jkt 232001 actions approved by the State of Design Authority (or its delegated agent) are considered to be FAA-approved. In the NPRM (79 FR 6109, February 3, 2014), we proposed to prevent the use of repairs that were not specifically developed to correct the unsafe condition, by requiring that the repair approval provided by the State of Design Authority or its delegated agent specifically refer to this FAA AD. This change was intended to clarify the method of compliance and to provide operators with better visibility of repairs that are specifically developed and approved to correct the unsafe condition. In addition, we proposed to change the phrase ‘‘its delegated agent’’ to include a design approval holder (DAH) with State of Design Authority design organization approval (DOA), as applicable, to refer to a DAH authorized to approve required repairs for the proposed AD. No comments were provided to the NPRM (79 FR 6109, February 3, 2014) about these proposed changes. However, a comment was provided for another NPRM, Directorate Identifier 2012–NM– 101–AD (78 FR 78285, December 26, 2013). The commenter stated the following: ‘‘The proposed wording, being specific to repairs, eliminates the interpretation that Airbus messages are acceptable for approving minor deviations (corrective actions) needed during accomplishment of an AD mandated Airbus service bulletin.’’ This comment has made the FAA aware that some operators have misunderstood or misinterpreted the Airworthy Product paragraph to allow the owner/operator to use messages provided by the manufacturer as approval of deviations during the accomplishment of an AD-mandated action. The Airworthy Product paragraph does not approve messages or other information provided by the manufacturer for deviations to the requirements of the AD-mandated actions. The Airworthy Product paragraph only addresses the requirement to contact the manufacturer for corrective actions for the identified unsafe condition and does not cover deviations from other AD requirements. However, deviations to AD-required actions are addressed in 14 CFR 39.17, and anyone may request the approval for an alternative method of compliance to the AD-required actions using the procedures found in 14 CFR 39.19. To address this misunderstanding and misinterpretation of the Airworthy Product paragraph, we have changed that paragraph and retitled it ‘‘Contacting the Manufacturer.’’ This paragraph now clarifies that for any PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 43605 requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the FAA, the European Aviation Safety Agency (EASA), or Airbus’s EASA DOA. Where necessary throughout this AD, we also replaced any reference to approvals of corrective actions with a reference to the Contacting the Manufacturer paragraph. The Contacting the Manufacturer paragraph also clarifies that, if approved by the DOA, the approval must include the DOA-authorized signature. The DOA signature indicates that the data and information contained in the document are EASA-approved, which is also FAAapproved. Messages and other information provided by the manufacturer that do not contain the DOA-authorized signature approval are not EASA-approved, unless EASA directly approves the manufacturer’s message or other information. This clarification does not remove flexibility previously afforded by the Airworthy Product paragraph. Consistent with long-standing FAA policy, such flexibility was never intended for required actions. This is also consistent with the recommendation of the Airworthiness Directive Implementation Aviation Rulemaking Committee to increase flexibility in complying with ADs by identifying those actions in manufacturers’ service instructions that are ‘‘Required for Compliance’’ with ADs. We continue to work with manufacturers to implement this recommendation. But once we determine that an action is required, any deviation from the requirement must be approved as an alternative method of compliance. Other commenters to the NPRM discussed previously, Directorate Identifier 2012–NM–101–AD (78 FR 78285, December 26, 2013), pointed out that in many cases the foreign manufacturer’s service bulletin and the foreign authority’s MCAI might have been issued some time before the FAA AD. Therefore, the DOA might have provided U.S. operators with an approved repair, developed with full awareness of the unsafe condition, before the FAA AD is issued. Under these circumstances, to comply with the FAA AD, the operator would be required to go back to the manufacturer’s DOA and obtain a new approval document, adding time and expense to the compliance process with no safety benefit. Based on these comments, we removed the requirement that the DAHprovided repair specifically refer to this AD. Before adopting such a E:\FR\FM\28JYR1.SGM 28JYR1 43606 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations requirement, the FAA will coordinate with affected DAHs and verify they are prepared to implement means to ensure that their repair approvals consider the unsafe condition addressed in this AD. Any such requirements will be adopted through the normal AD rulemaking process, including notice-and-comment procedures, when appropriate. We also have decided not to include a generic reference to either the ‘‘delegated agent’’ or ‘‘DAH with State of Design Authority design organization approval,’’ but instead we have provided the specific delegation approval granted by the State of Design Authority for the DAH in the Contacting the Manufacturer paragraph of this AD. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (79 FR 6109, February 3, 2014) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 6109, February 3, 2014). We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. pmangrum on DSK3VPTVN1PROD with RULES Costs of Compliance We estimate that this AD affects 4 airplanes of U.S. registry. We also estimate that it will take about 12 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $10,000 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $44,080, or $11,020 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 VerDate Mar<15>2010 14:46 Jul 25, 2014 Jkt 232001 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 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. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0007; 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 street address for the Docket Operations office (telephone 800–647–5527) is in the ADDRESSES section. 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 1. The authority citation for part 39 continues to read as follows: ■ PO 00000 Authority: 49 U.S.C. 106(g), 40113, 44701. Frm 00014 Fmt 4700 Sfmt 4700 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2014–13–13 Fokker Services B.V.: Amendment 39–17889. Docket No. FAA–2014–0007; Directorate Identifier 2012–NM–038–AD. (a) Effective Date This AD becomes effective September 2, 2014. (b) Affected ADs None. (c) Applicability This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes, certificated in any category, all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 52, Doors. (e) Reason This AD was prompted by reports that the bracket of the rod in the carbon fiber reinforced plastic (CFRP) main landing gear (MLG) outboard door had detached. In addition, we received reports of broken recessed heads on titanium attachment bolts of the operating rod brackets on the modified CFRP MLG outboard doors. We are issuing this AD to detect and correct the affected MLG from moving to the down and locked position, which could result in MLG collapse during landing or roll-out, and consequent damage to the airplane and injury to passengers. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection Within 9 months after the effective date of this AD, do a detailed inspection of the CFRP MLG outboard door for play and cracks in the recessed countersunk heads of the operating rod bracket attachment bolts, in accordance with Part 1 of the Accomplishment Instructions of Fokker Service Bulletin SBF100–52–090, dated November 17, 2011, including Fokker Manual Change Notification F100–147, dated October 28, 2011, as revised by Fokker Service Bulletin Change Notification SBF100–52–090/01, dated January 24, 2012. (h) Corrective Action If, during the inspection required by paragraph (g) of this AD, any play or crack is found in any countersunk bolt head, and the configuration deviation list (CDL) item 52–07 cannot be applied: Before further flight, replace the bolt with a new bolt, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100–52–090, dated November 17, 2011, including Fokker Manual Change Notification F100–147, dated October 28, 2011, as revised by Fokker Service Bulletin Change Notification SBF100–52–090/01, dated January 24, 2012. E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Rules and Regulations (i) Modification Prior to CFRP Door Installation At the applicable time specified in paragraph (i)(1) or (i)(2) of this AD: Modify the CFRP MLG outboard doors and attachment to the MLG, in accordance with Part 2 of the Accomplishment Instructions of Fokker Service Bulletin SBF100–52–090, dated November 17, 2011, including Fokker Manual Change Notification F100–147, dated October 28, 2011, as revised by Fokker Service Bulletin Change Notification SBF100–52–090/01, dated January 24, 2012. Accomplishing the modification in this paragraph terminates the inspection required by paragraph (g) of this AD. (1) For airplanes on which a CFRP MLG outboard door is installed as of the effective date of this AD: Do the modification within 24 months after the effective date of this AD. (2) For airplanes on which an aluminum door is installed as of the effective date of this AD: Do the modification prior to the installation of the CFRP MLG outboard door. Note 1 to paragraph (i) of this AD: The aluminum MLG outboard doors and the CFRP MLG outboard doors are two-way interchangeable. (j) Parts Installation Prohibition As of the effective date of this AD, do not install on any airplane an MLG outboard door having part number (P/N) D13310–401 through –418, or any MLG outboard door assembly having P/N D13312–401 through –410. Note 2 to paragraph (j) of this AD: Civil Aviation Authority-Netherlands (CAA–NL) AD NL–2006–001, dated January 5, 2006 (European Aviation Safety Agency (EASA) approval 2006–002), contains guidance for modifying spare MLG outboard door assemblies having P/N D13312–401 through –410, to P/N D13312–7XX standard, as specified in the Accomplishment Instructions of Fokker Component Service Bulletin D13312–52–09, December 12, 2005, which is not incorporated by reference in this AD. pmangrum on DSK3VPTVN1PROD with RULES (k) Parts Installation Limitation As of the effective date of this AD, do not install on any airplane a P/N D13310–701 through –708 MLG outboard door, or a P/N D13312–702 through –711 MLG outboard door assembly, unless the part has been inspected for cracks in the recessed bolt heads, all applicable corrective actions have been done, and the CFRP MLG outboard door has been modified, in accordance with the Accomplishment Instructions of Fokker Component Service Bulletin D13312–52–015, dated November 17, 2011. (l) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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 VerDate Mar<15>2010 14:46 Jul 25, 2014 Jkt 232001 43607 Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1137; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. 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. The AMOC approval letter must specifically reference this AD. (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 Branch, ANM– 116, Transport Airplane Directorate, FAA; or the 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. National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information EASA Airworthiness Directive 2012–0023, dated February 6, 2012, for related information. This MCAI may be found in the AD docket on the Internet at https:// www.regulations.gov/ #!documentDetail;D=FAA-2014-0007-0002. (2) Service information identified in this AD that is not incorporated by reference may be viewed at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD. RIN 2120–AA64 (n) 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. (i) Fokker Component Service Bulletin D13312–52–015, dated November 17, 2011. (ii) Fokker Service Bulletin SBF100–52– 090, dated November 17, 2011, including Fokker Manual Change Notification F100– 147, dated October 28, 2011. (iii) Fokker Service Bulletin Change Notification SBF100–52–090/01, dated January 24, 2012. The page number shown on the first page of this document should read ‘‘Page 1 of 2.’’ (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 technicalservices@ fokker.com; Internet https:// www.myfokkerfleet.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Issued in Renton, Washington, on June 25, 2014. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–17297 Filed 7–25–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–1024; Directorate Identifier 2013–NM–140–AD; Amendment 39–17909; AD 2014–15–07] Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–102, –103, –106, –201, –202, –301, –311, and –315 airplanes. This AD was prompted by reports of a fractured wing-tofuselage strut attachment joint bolt. This AD requires a torque check of all wingto-fuselage strut attachment joint bolts, and repair or replacement if necessary. For certain airplanes, this AD also requires a detailed inspection for corrosion, damage, and wear of each wing-to-fuselage strut attachment joint bolt and associated hardware, and replacement if necessary; and a borescope inspection for corrosion and damage of the bore hole and barrel nut threads, and repair or replacement if necessary. We are issuing this AD to detect and correct fractured strut attachment joint bolts, which could result in reduced structural integrity of the wing-to-fuselage strut attachment joint and subsequent loss of the wing. DATES: This AD becomes effective September 2, 2014. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 2, 2014. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov/ #!documentDetail;D=FAA-2013-1024SUMMARY: E:\FR\FM\28JYR1.SGM 28JYR1

Agencies

[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43604-43607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17297]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0007; Directorate Identifier 2012-NM-038-AD;
Amendment 39-17889; AD 2014-13-13]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD
was prompted by reports that the bracket of the rod in the carbon fiber
reinforced plastic (CFRP) main landing gear (MLG) outboard door had
detached. In addition, we received reports of broken recessed heads on
titanium attachment bolts of the operating rod brackets on the modified
CFRP MLG outboard doors. This AD requires a detailed inspection of the
CFRP MLG outboard door for play or cracks in the recessed countersunk
heads of the operating rod bracket attachment bolts; replacement of the
bolt if necessary; and, for certain airplanes, modification of the CFRP
MLG outboard doors and attachment to the MLG. We are issuing this AD to
detect and correct the affected MLG from moving to the down and locked
position, which could result in MLG collapse during landing or roll-
out, and consequent damage to the airplane and injury to passengers.

DATES: This AD becomes effective September 2, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 2,
2014.

ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2014-0007; or in person at the
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.
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 technicalservices@fokker.com; Internet https://www.myfokkerfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137;
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Fokker Services B.V.
Model F.28 Mark 0070 and 0100 airplanes. The NPRM published in the
Federal Register on February 3, 2014 (79 FR 6109).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Airworthiness Directive 2012-0023, dated February 6, 2012 (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 F.28 Mark 0070 and 0100 airplanes. The MCAI states:

In 2005, several occurrences were reported where the bracket of
the rod in the Carbon Fibre Reinforced Plastic (CFRP) MLG outboard
door had detached, preventing the MLG to lock properly when selected
down. Prompted by these reports, CAA-NL [Civil

[[Page 43605]]

Aviation Authority-Netherlands] issued AD NL-2006-001 [https://ad.easa.europa.eu/blob/easa_ad_2006_0002_NL2006001.pdf/AD_NL-2006-001_1] (EASA approval 2006-0002) to require the inspection and
modification of the attachment of the operating rod bracket as
detailed in Fokker Service Bulletin (SB) SBF100-52-080.
After that [EASA] AD was issued, several operators reported
broken recessed heads of titanium attachment bolts of the operating
rod bracket on modified (i.e. post-SBF100-52-080) CFRP MLG outboard
doors. In such a situation, the remaining bolt shafts can get pulled
through the external repair patch and the carbon fibre door outer
skin, causing the operating rod, with the detached bracket, to get
stuck between the MLG main fitting and wing lower skin. The primary
factor to the cause of breaking bolt heads has been determined to be
incorrect adjustment of the MLG outboard door.
This condition, if not detected and corrected, would prevent the
affected MLG from moving to the down and locked position, possibly
resulting in MLG collapse during landing or roll-out and consequent
damage to the aeroplane and/or injury to the occupants.
To address this potential unsafe condition, Fokker Services has
published SBF100-52-090, providing modification instructions to
install an improved attachment of the MLG outboard door operating
rod.
For the reasons described above, this new [EASA] AD requires a
one-time detailed inspection for play or cracks in the recessed bolt
heads and, depending on findings, applicable corrective actions,
modification of the operating rod bracket attachment to the CFRP MLG
outboard door, and introduction of a weaker (aluminum) bolt in the
attachment of the MLG outboard door operating rod.

You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2014-0007-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 6109, February 3,
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (79 FR 6109, February 3, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include a design approval holder (DAH) with State
of Design Authority design organization approval (DOA), as applicable,
to refer to a DAH authorized to approve required repairs for the
proposed AD.
No comments were provided to the NPRM (79 FR 6109, February 3,
2014) about these proposed changes. However, a comment was provided for
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the action must be accomplished using a
method approved by the FAA, the European Aviation Safety Agency (EASA),
or Airbus's EASA DOA. Where necessary throughout this AD, we also
replaced any reference to approvals of corrective actions with a
reference to the Contacting the Manufacturer paragraph.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM discussed previously, Directorate
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out
that in many cases the foreign manufacturer's service bulletin and the
foreign authority's MCAI might have been issued some time before the
FAA AD. Therefore, the DOA might have provided U.S. operators with an
approved repair, developed with full awareness of the unsafe condition,
before the FAA AD is issued. Under these circumstances, to comply with
the FAA AD, the operator would be required to go back to the
manufacturer's DOA and obtain a new approval document, adding time and
expense to the compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a

[[Page 43606]]

requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate. We also have
decided not to include a generic reference to either the ``delegated
agent'' or ``DAH with State of Design Authority design organization
approval,'' but instead we have provided the specific delegation
approval granted by the State of Design Authority for the DAH in the
Contacting the Manufacturer paragraph of this AD.

Conclusion

We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 6109, February 3, 2014) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 6109, February 3, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 4 airplanes of U.S. registry.
We also estimate that it will take about 12 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $10,000 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $44,080, or $11,020 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.

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.

Examining the AD Docket

You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2014-0007; 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 street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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 adding the following new airworthiness
directive (AD):

2014-13-13 Fokker Services B.V.: Amendment 39-17889. Docket No. FAA-
2014-0007; Directorate Identifier 2012-NM-038-AD.

(a) Effective Date

This AD becomes effective September 2, 2014.

(b) Affected ADs

None.

This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes, certificated in any category, all serial numbers.

(d) Subject

Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

This AD was prompted by reports that the bracket of the rod in
the carbon fiber reinforced plastic (CFRP) main landing gear (MLG)
outboard door had detached. In addition, we received reports of
broken recessed heads on titanium attachment bolts of the operating
rod brackets on the modified CFRP MLG outboard doors. We are issuing
this AD to detect and correct the affected MLG from moving to the
down and locked position, which could result in MLG collapse during
landing or roll-out, and consequent damage to the airplane and
injury to passengers.

(f) Compliance

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

(g) Inspection

Within 9 months after the effective date of this AD, do a
detailed inspection of the CFRP MLG outboard door for play and
cracks in the recessed countersunk heads of the operating rod
bracket attachment bolts, in accordance with Part 1 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-52-
090, dated November 17, 2011, including Fokker Manual Change
Notification F100-147, dated October 28, 2011, as revised by Fokker
Service Bulletin Change Notification SBF100-52-090/01, dated January
24, 2012.

(h) Corrective Action

If, during the inspection required by paragraph (g) of this AD,
any play or crack is found in any countersunk bolt head, and the
configuration deviation list (CDL) item 52-07 cannot be applied:
Before further flight, replace the bolt with a new bolt, in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-52-090, dated November 17, 2011, including Fokker
Manual Change Notification F100-147, dated October 28, 2011, as
revised by Fokker Service Bulletin Change Notification SBF100-52-
090/01, dated January 24, 2012.

[[Page 43607]]

(i) Modification Prior to CFRP Door Installation

At the applicable time specified in paragraph (i)(1) or (i)(2)
of this AD: Modify the CFRP MLG outboard doors and attachment to the
MLG, in accordance with Part 2 of the Accomplishment Instructions of
Fokker Service Bulletin SBF100-52-090, dated November 17, 2011,
including Fokker Manual Change Notification F100-147, dated October
28, 2011, as revised by Fokker Service Bulletin Change Notification
SBF100-52-090/01, dated January 24, 2012. Accomplishing the
modification in this paragraph terminates the inspection required by
paragraph (g) of this AD.
(1) For airplanes on which a CFRP MLG outboard door is installed
as of the effective date of this AD: Do the modification within 24
months after the effective date of this AD.
(2) For airplanes on which an aluminum door is installed as of
the effective date of this AD: Do the modification prior to the
installation of the CFRP MLG outboard door.

Note 1 to paragraph (i) of this AD: The aluminum MLG outboard
doors and the CFRP MLG outboard doors are two-way interchangeable.

(j) Parts Installation Prohibition

As of the effective date of this AD, do not install on any
airplane an MLG outboard door having part number (P/N) D13310-401
through -418, or any MLG outboard door assembly having P/N D13312-
401 through -410.

Note 2 to paragraph (j) of this AD: Civil Aviation Authority-
Netherlands (CAA-NL) AD NL-2006-001, dated January 5, 2006 (European
Aviation Safety Agency (EASA) approval 2006-002), contains guidance
for modifying spare MLG outboard door assemblies having P/N D13312-
401 through -410, to P/N D13312-7XX standard, as specified in the
Accomplishment Instructions of Fokker Component Service Bulletin
D13312-52-09, December 12, 2005, which is not incorporated by
reference in this AD.

(k) Parts Installation Limitation

As of the effective date of this AD, do not install on any
airplane a P/N D13310-701 through -708 MLG outboard door, or a P/N
D13312-702 through -711 MLG outboard door assembly, unless the part
has been inspected for cracks in the recessed bolt heads, all
applicable corrective actions have been done, and the CFRP MLG
outboard door has been modified, in accordance with the
Accomplishment Instructions of Fokker Component Service Bulletin
D13312-52-015, dated November 17, 2011.

(l) Other FAA AD Provisions

The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. The
AMOC approval letter must specifically reference this AD.
(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
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 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.

(m) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information EASA
Airworthiness Directive 2012-0023, dated February 6, 2012, for
related information. This MCAI may be found in the AD docket on the
Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2014-
0007-0002.
(2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (n)(3) and (n)(4) of this AD.

(n) 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.
(i) Fokker Component Service Bulletin D13312-52-015, dated
November 17, 2011.
(ii) Fokker Service Bulletin SBF100-52-090, dated November 17,
2011, including Fokker Manual Change Notification F100-147, dated
October 28, 2011.
(iii) Fokker Service Bulletin Change Notification SBF100-52-090/
01, dated January 24, 2012. The page number shown on the first page
of this document should read ``Page 1 of 2.''
(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 technicalservices@fokker.com; Internet https://www.myfokkerfleet.com.
(4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(5) 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Renton, Washington, on June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17297 Filed 7-25-14; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.