Airworthiness Directives; Fokker Services B.V. Airplanes, 45137-45140 [2014-18373]
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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Proposed Rules
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Bombardier, Inc.: Docket No. FAA–2014–
0489; Directorate Identifier 2014–NM–
048–AD.
(a) Comments Due Date
We must receive comments by September
18, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model
CL–600–2B19 (Regional Jet Series 100 & 440)
airplanes, certificated in any category, serial
numbers 7003 and subsequent.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear.
(e) Reason
This AD was prompted by a by a report
indicating that inboard and outboard
hydraulic lines of the brakes were found
connected to the incorrect ports on the
swivel assembly of the main landing gear
(MLG). We are issuing this AD to prevent
incorrect installation of the brake hydraulic
lines, which could cause the brakes and the
anti-skid system to operate incorrectly, and
cause catastrophic failure of the airplane
during a high-speed rejected take-off.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Modification
Within 6,600 flight hours after the effective
date of this AD, but no later than 36 months
after the effective date of this AD: Modify the
MLG by installing a new bracket on the left
and right lower aft-wing planks, in
accordance with the Accomplishment
Instruction of Bombardier Service Bulletin
601R–32–110, dated December 19, 2013.
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, 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
VerDate Mar<15>2010
17:11 Aug 01, 2014
Jkt 232001
directly to the New York ACO, send it to
ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516 228–7300; fax 516–
794–5531. 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, New York ACO, ANE–170,
Engine and Propeller Directorate, FAA; or
Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.’s TCCA Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
45137
Fokker Services B.V. Model F.28 Mark
0070 and 0100 airplanes. This proposed
AD was prompted by a report of two
cases of heavy (hard to move) aileron
control caused by aileron cables stuck in
a clump of ice in the wheel bay. This
proposed AD would require installing
drain tubes on the center wing rear spar.
We are proposing this AD to prevent
accumulated water near or on the
aileron control cables, which could
freeze and result in reduced control of
the airplane.
DATES: We must receive comments on
this proposed AD by September 18,
2014.
DEPARTMENT OF TRANSPORTATION
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, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed 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.
Federal Aviation Administration
Examining the AD Docket
(i) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2014–10, dated
February 12, 2014, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2014–0489.
(2) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; email thd.crj@
aero.bombardier.com; Internet https://
www.bombardier.com. 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.
Issued in Renton, Washington, on July 18,
2014.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–18367 Filed 8–1–14; 8:45 am]
BILLING CODE 4910–13–P
14 CFR Part 39
[Docket No. FAA–2014–0492; Directorate
Identifier 2013–NM–134–AD]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
SUMMARY:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
ADDRESSES:
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0492; 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 proposed 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. Comments will
be available in the AD docket shortly
after receipt.
E:\FR\FM\04AUP1.SGM
04AUP1
45138
Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Proposed Rules
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:
FOR FURTHER INFORMATION CONTACT:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2014–0492; Directorate Identifier
2013–NM–134–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
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The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2013–0140,
dated July 12, 2013 (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:
Two cases have been reported of heavy
aileron control caused by aileron cables stuck
in a clump of ice in the wheel bay.
Investigation results revealed that, in case of
water accumulation on the top of the center
wing torsion box inside the cabin (zones 171
and 172), the water drains through the
existing drain holes/gaps in the web plates
on top of the center wing rear spar. The water
could then accumulate in the area where the
aileron control cables are situated. With the
freezing temperatures normally encountered
during flight, ice accretion could occur near
or even on the aileron control cables.
This condition, if not corrected, could
result in reduced control of the aeroplane.
For the reasons described above, this
[EASA] AD requires the installation of drain
tubes on the center wing rear spar.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0492.
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17:11 Aug 01, 2014
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Relevant Service Information
Fokker Services B.V. has issued
Fokker Service Bulletin SBF100–51–
021, dated April 23, 2013, including the
following attachments:
• Fokker Parts List Local
SB10051021–XU–B, Revision A,
Sequence 1, dated April 4, 2013;
• Fokker Parts List Supply
SB10051021–XU–B, Revision A,
Sequence 1, dated April 10, 2013;
• Fokker Parts List Local
SB10051021–XU–A, Revision B,
Sequence 1, dated April 10, 2013;
• Fokker Parts List Supply
SB10051021–XU–A, Revision B,
Sequence 1, dated April 10, 2013; and
• Fokker Manual Change Notification
MCNM F100–160, dated April 23, 2013.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
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 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 pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
‘‘Contacting the Manufacturer’’
Paragraph in This Proposed 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 an NPRM having Directorate
Identifier 2012–NM–101–AD (78 FR
78285, December 26, 2013), we
proposed to prevent the use of repairs
that were not specifically developed to
correct the unsafe condition, by
requiring that the repair approval
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Frm 00004
Fmt 4702
Sfmt 4702
provided by the State of Design
Authority or its delegated agent
specifically refer to the 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.
One commenter to the NPRM having
Directorate Identifier 2012–NM–101–AD
(78 FR 78285, December 26, 2013) 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 the
paragraph and retitled it ‘‘Contacting the
Manufacturer.’’ This paragraph now
clarifies that for any requirement in this
proposed AD to obtain corrective
actions from a manufacturer, the actions
must be accomplished using a method
approved by the FAA, EASA, or Fokker
B.V. Service’s EASA DOA.
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-
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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Proposed Rules
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.
Costs of Compliance
We estimate that this proposed AD
affects 4 airplanes of U.S. registry.
We also estimate that it would take
about 8 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $1,380 per
product. Based on these figures, we
estimate the cost of this proposed AD on
U.S. operators to be $8,240, or $2,060
per product.
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
1. The authority citation for part 39
continues to read as follows:
■
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
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 proposed
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.
VerDate Mar<15>2010
17:31 Aug 01, 2014
Jkt 232001
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Fokker Services B.V.: Docket No. FAA–
2014–0492; Directorate Identifier 2013–
NM–134–AD.
(a) Comments Due Date
We must receive comments by September
18, 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 51, Standard Practices/
Structures.
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45139
(e) Reason
This AD was prompted by a report of two
cases of heavy (difficult to move) aileron
control caused by aileron cables stuck in a
clump of ice in the wheel bay. We are issuing
this AD to prevent accumulated water near
or on the aileron control cables, which could
freeze and result in reduced control of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Installation of Water Drain Tubes
Within 36 months after the effective date
of this AD, install water drain tubes on the
center wing rear spar, in accordance with the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–51–021, dated April
23, 2013, including the attachments
identified in paragraphs (g)(1) through (g)(5)
of this AD.
(1) Fokker Parts List Local SB10051021–
XU–B, Revision A, Sequence 1, dated April
4, 2013.
(2) Fokker Parts List Supply SB10051021–
XU–B, Revision A, Sequence 1, dated April
10, 2013.
(3) Fokker Parts List Local SB10051021–
XU–A, Revision B, Sequence 1, dated April
10, 2013.
(4) Fokker Parts List Supply SB10051021–
XU–A, Revision B, Sequence 1, dated April
10, 2013.
(5) Fokker Manual Change Notification
MCNM F100–160, dated April 23, 2013.
(h) 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-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 European Aviation Safety Agency
(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.
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45140
Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Proposed Rules
(i) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) European
Aviation Safety Agency Airworthiness
Directive 2013–0140, dated July 12, 2013, for
related information. This MCAI may be
found in the AD docket on the Internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2014–0492.
(2) 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
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.
Issued in Renton, Washington, on July 23,
2014.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–18373 Filed 8–1–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0491; Directorate
Identifier 2014–NM–023–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
forward lugs, which could result in
failure of the lugs and detachment of the
flap hinge box and consequent
detachment of the flap surface.
DATES: We must receive comments on
this proposed AD by September 18,
2014.
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, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Bombardier,
ˆ
Inc., 400 Cote-Vertu Road West, Dorval,
´
Quebec H4S 1Y9, Canada; telephone
514–855–5000; fax 514–855–7401; email
thd.crj@aero.bombardier.com; Internet
https://www.bombardier.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.
ADDRESSES:
AGENCY:
Examining the AD Docket
We propose to adopt a new
airworthiness directive (AD) for certain
Bombardier, Inc. Model CL–600–1A11
(CL–600), CL–600–2A12 (CL–601), and
CL–600–2B16 (CL–601–3A, CL–601–3R,
and CL–604 Variants) airplanes. This
proposed AD was prompted by a
determination that the forward lugs of
the flap hinge box might not conform to
engineering drawings, which could
result in premature fatigue cracking.
This proposed AD would require
revising the maintenance or inspection
program to include new airworthiness
limitations tasks; and measuring the
forward lug edge distance of each flap
hinge box, and inspecting for cracking
and damage (i.e., deformation or bearing
failure) of the forward lug edge of each
flap hinge box, and repair if necessary.
We are proposing this AD to detect and
correct non-conforming flap hinge box
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0491; 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 proposed 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. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Ricardo Garcia, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7331; fax
516–794–5531.
SUPPLEMENTARY INFORMATION:
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
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17:11 Aug 01, 2014
Jkt 232001
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Fmt 4702
Sfmt 4702
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2014–0491; Directorate Identifier
2014–NM–023–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2014–01,
dated January 3, 2014 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. The MCAI
states:
The aeroplane manufacturer has
determined that the flap hinge box forward
lugs edge distance may not conform to the
engineering drawings. Non-conforming flap
hinge box forward lugs may result in
premature fatigue cracking.
Failure of the lugs could lead to the
detachment of the flap hinge box and
consequently the detachment of the flap
surface. The loss of a flap surface could
adversely affect the continued safe operation
of the aeroplane.
This [Canadian] AD mandates the
incorporation of new Time Limits/
Maintenance Checks (TLMC) Airworthiness
Limitations (AWL) tasks, and the
measurement [and inspection for cracking
and damage] of the forward lug edge distance
of each flap hinge-box and rectification as
required.
Corrective actions include repairing
damage and cracking. You may examine
the MCAI in the AD docket on the
Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2014–0491.
Relevant Service Information
Bombardier has issued the following
service information. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
• Bombardier Service Bulletin 600–
0762, dated September 26, 2013 (for
Model CL–600–1A11 airplanes).
E:\FR\FM\04AUP1.SGM
04AUP1
Agencies
[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Proposed Rules]
[Pages 45137-45140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18373]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0492; Directorate Identifier 2013-NM-134-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 F.28 Mark 0070 and 0100 airplanes. This
proposed AD was prompted by a report of two cases of heavy (hard to
move) aileron control caused by aileron cables stuck in a clump of ice
in the wheel bay. This proposed AD would require installing drain tubes
on the center wing rear spar. We are proposing this AD to prevent
accumulated water near or on the aileron control cables, which could
freeze and result in reduced control of the airplane.
DATES: We must receive comments on this proposed AD by September 18,
2014.
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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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.
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-2014-
0492; 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 proposed 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.
Comments will be available in the AD docket shortly after receipt.
[[Page 45138]]
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0492;
Directorate Identifier 2013-NM-134-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0140, dated July 12, 2013 (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:
Two cases have been reported of heavy aileron control caused by
aileron cables stuck in a clump of ice in the wheel bay.
Investigation results revealed that, in case of water accumulation
on the top of the center wing torsion box inside the cabin (zones
171 and 172), the water drains through the existing drain holes/gaps
in the web plates on top of the center wing rear spar. The water
could then accumulate in the area where the aileron control cables
are situated. With the freezing temperatures normally encountered
during flight, ice accretion could occur near or even on the aileron
control cables.
This condition, if not corrected, could result in reduced
control of the aeroplane.
For the reasons described above, this [EASA] AD requires the
installation of drain tubes on the center wing rear spar.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0492.
Relevant Service Information
Fokker Services B.V. has issued Fokker Service Bulletin SBF100-51-
021, dated April 23, 2013, including the following attachments:
Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 4, 2013;
Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013;
Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013;
Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013; and
Fokker Manual Change Notification MCNM F100-160, dated
April 23, 2013.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
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 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 pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
``Contacting the Manufacturer'' Paragraph in This Proposed 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 an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), 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 the 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.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) 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 the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, EASA, or Fokker B.V. Service's EASA DOA.
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-
[[Page 45139]]
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.
Costs of Compliance
We estimate that this proposed AD affects 4 airplanes of U.S.
registry.
We also estimate that it would take about 8 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $1,380
per product. Based on these figures, we estimate the cost of this
proposed AD on U.S. operators to be $8,240, or $2,060 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 proposed 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 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-2014-0492; Directorate
Identifier 2013-NM-134-AD.
(a) Comments Due Date
We must receive comments by September 18, 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 51, Standard
Practices/Structures.
(e) Reason
This AD was prompted by a report of two cases of heavy
(difficult to move) aileron control caused by aileron cables stuck
in a clump of ice in the wheel bay. We are issuing this AD to
prevent accumulated water near or on the aileron control cables,
which could freeze and result in reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Installation of Water Drain Tubes
Within 36 months after the effective date of this AD, install
water drain tubes on the center wing rear spar, in accordance with
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
51-021, dated April 23, 2013, including the attachments identified
in paragraphs (g)(1) through (g)(5) of this AD.
(1) Fokker Parts List Local SB10051021-XU-B, Revision A,
Sequence 1, dated April 4, 2013.
(2) Fokker Parts List Supply SB10051021-XU-B, Revision A,
Sequence 1, dated April 10, 2013.
(3) Fokker Parts List Local SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
(4) Fokker Parts List Supply SB10051021-XU-A, Revision B,
Sequence 1, dated April 10, 2013.
(5) Fokker Manual Change Notification MCNM F100-160, dated April
23, 2013.
(h) 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
European Aviation Safety Agency (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.
[[Page 45140]]
(i) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0140, dated July 12, 2013, for related information. This MCAI may be
found in the AD docket on the Internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0492.
(2) 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 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.
Issued in Renton, Washington, on July 23, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-18373 Filed 8-1-14; 8:45 am]
BILLING CODE 4910-13-P