Airworthiness Directives; Fokker Services B.V. Airplanes, 91068-91071 [2016-28669]
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91068
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules
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:
■
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):
■
The Boeing Company: Docket No. FAA–
2016–9439; Directorate Identifier 2016–
NM–170–AD.
(a) Comments Due Date
We must receive comments by January 30,
2017.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 787–8 airplanes, certificated in any
category, as identified in Boeing Alert
Service Bulletin B787–81205–SB240027–00,
Issue 002, dated September 6, 2016.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical power.
(e) Unsafe Condition
This AD was prompted by a report
indicating that during an airplane inspection
in production, the variable frequency starter
generator (VFSG) power feeder cables were
found to contain terminal lugs incorrectly
installed common to terminal blocks located
in the wing front spar; the lugs were close to
the structure causing the lug sleeve to come
in contact with adjacent fasteners. We are
issuing this AD to detect and correct
incorrectly installed terminal lugs which may
contact adjacent structure and be damaged.
Damaged terminal lugs could cause electrical
arcing in a flammable leakage zone which
could result in an electrical short and the
possible introduction of energy into the main
fuel tanks.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection of Terminal Lugs and
Corrective Actions
Within the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin B787–81205–
SB240027–00, Issue 002, dated September 6,
2016: Do a general visual inspection of the
right and left wing, section 16, VFSG power
feeder cable terminal lugs at the terminal
block for correct installation and do all
applicable corrective actions in accordance
with Boeing Alert Service Bulletin B787–
81205–SB240027–00, Issue 002, dated
September 6, 2016. Do all applicable
corrective actions before further flight.
(h) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Alert
Service Bulletin B787–81205–SB240027–00,
Issue 001, dated January 21, 2014.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), 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 manager of the ACO, send it to the
attention of the person identified in
paragraph (j)(1) of this AD. Information may
be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(j) Related Information
(1) For more information about this AD,
contact Brendan Shanley, Aerospace
Engineer, Systems and Equipment Branch,
ANM–130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue
SW., Renton, WA 98057–3356; phone: 425–
917–6492; fax: 425–917–6590; email:
brendan.shanley@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
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telephone: 562–797–1717; Internet: https://
www.myboeingfleet.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.
Issued in Renton, Washington, on
December 1, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–29670 Filed 12–15–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9435; Directorate
Identifier 2016–NM–108–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 supersede
Airworthiness Directive (AD) 2012–22–
15 for all Fokker Services B.V. Model
F28 Mark 0070 and Mark 0100
airplanes. AD 2012–22–15 currently
requires revising the maintenance
program to incorporate the limitations,
tasks, thresholds, and intervals specified
in certain revised Fokker maintenance
review board (MRB) documents. Since
we issued AD 2012–22–15, we received
new revisions of airworthiness
limitations items (ALI) documents,
which introduce new and more
restrictive maintenance requirements
and airworthiness limitations. This
proposed AD would require revising the
maintenance or inspection program to
incorporate new maintenance
requirements and airworthiness
limitations. We are proposing this AD to
prevent the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by January 30, 2017.
ADDRESSES: You may send comments 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.
SUMMARY:
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules
• 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 NPRM, contact Fokker Services
B.V., Technical Services Dept., P.O. Box
1357, 2130 EL Hoofddorp, the
Netherlands; telephone: +31 (0)88–
6280–350; fax: +31 (0)88–6280–111;
email: 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–2016–
9435; 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: 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:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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–2016–9435; Directorate Identifier
2016–NM–108–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
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91069
substantive verbal contact we receive
about this proposed AD.
Report SE–623 at issue 15 (hereafter referred
to as ‘ALS Part 2’ in this [EASA] AD).
Discussion
On October 30, 2012, we issued AD
2012–22–15, Amendment 39–17252 (77
FR 68063, November 15, 2012) (‘‘AD
2012–22–15’’). AD 2012–22–15 requires
actions intended to address an unsafe
condition on all Fokker Services B.V.
Model F28 Mark 0070 and Mark 0100
airplanes.
Since we issued AD 2012–22–15, we
received Fokker Services Engineering
Reports that consist of new and more
restrictive airworthiness limitations
(ALS).
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive AD 2016–0125, dated June 21,
2016 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Fokker
Services B.V. Model F28 Mark 0070 and
Mark 0100 airplanes. The MCAI states:
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–2016–
9435.
Fokker Services recently published issue
15 of Engineering Report SE–623, containing
Airworthiness Limitation Items (ALIs) and
Safe Life Items (SLIs). This report is Part 2
of the Airworthiness Limitations Section
(ALS Part 2) of the Instructions for Continued
Airworthiness, referred to in Section 06,
Appendix 1, of the Fokker 70/100
Maintenance Review Board document.
The complete ALS currently consists of:
Part 1—Report SE–473, Certification
Maintenance Requirements (CMRs)—
reference: EASA AD 2015–0027 [which
corresponds to FAA AD 2016–11–22,
Amendment 39–18549 (81 FR 36438, June 7,
2016)].
Part 2—Report SE–623, ALIs and SLIs—
reference: EASA AD 2014–0224 [which
corresponds to FAA AD 2012–22–15], and
Part 3—Report SE–672, Fuel ALIs and
CDCCLs—reference: EASA AD 2015–0032
[which corresponds to FAA AD 2016–11–15,
Amendment 39–18542 (81 FR 36447, June 7,
2016)].
The instructions contained in those reports
have been identified as mandatory actions for
continued airworthiness. Failure to
accomplish these actions could result in an
unsafe condition.
EASA previously issued AD 2014–0224,
requiring the actions described in ALS Part
1 (report SE–473 issue 10), Part 2 (report SE–
623 issue 13) and Part 3 (report SE–672 issue
4). Since that [EASA] AD was issued, ALS
Part 1 was revised (SE–473 issue 11) and
EASA issued AD 2015–0027 accordingly.
ALS Part 3 was also revised (SE–672 issue 5)
and EASA issued AD 2015–0032 accordingly.
For the reasons described above, this
[EASA] AD retains part of the requirements
of [EASA] AD 2014–0224, which is
superseded, and requires implementation of
the maintenance actions as specified in ALS
Part 2 of the Instructions for Continued
Airworthiness, Fokker Services Engineering
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Related Service Information Under 1
CFR Part 51
Fokker Services B.V. has issued
Fokker Services B.V. Engineering Report
SE–623, ‘‘Fokker 70/100 ALI’s and
SLI’s,’’ Issue 16, issued June 3, 2016.
The service information describes new
and more restrictive maintenance
requirements and airworthiness
limitations. This service information is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination 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.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this AD, the
operator may not be able to accomplish
the actions described in the revisions. In
this situation, to comply with 14 CFR
91.403(c), the operator must request
approval for an alternative method of
compliance according to paragraph
(m)(1) of this AD. The request should
include a description of changes to the
required inspections that will ensure the
continued operational safety of the
airplane.
Costs of Compliance
We estimate that this proposed AD
affects 15 airplanes of U.S. registry.
The actions required by AD 2012–22–
15, and retained in this proposed AD,
take about 1 work-hour per product, at
an average labor rate of $85 per workhour. Based on these figures, the
estimated cost of the actions that are
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules
required by AD 2012–22–15 is $85 per
product.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of
this proposed AD on U.S. operators to
be $1,275, or $85 per product.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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 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,
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18:25 Dec 15, 2016
Jkt 241001
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
removing Airworthiness Directive (AD)
2012–22–15, Amendment 39–17252 (77
FR 68063, November 15, 2012), and
adding the following new AD:
■
Fokker Services B.V.: Docket No. FAA–
2016–9435; Directorate Identifier 2016–
NM–108–AD.
(a) Comments Due Date
We must receive comments by January 30,
2017.
(b) Affected ADs
(1) This AD replaces AD 2012–22–15,
Amendment 39–17252 (77 FR 68063,
November 15, 2012) (‘‘AD 2012–22–15’’).
(2) This AD affects AD 2012–12–07,
Amendment 39–17087 (77 FR 37788, June
25, 2012) (‘‘AD 2012–12–07’’).
(3) This AD affects AD 2008–06–20 R1,
Amendment 39–16089 (74 FR 61018,
November 23, 2009) (‘‘AD 2008–06–20 R1’’).
(c) Applicability
This AD applies to Fokker Services B.V.
Model F28 Mark 0070 and Mark 0100
airplanes, certificated in any category, all
serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a revision of an
airworthiness limitations items (ALI)
document, which introduces new and more
restrictive maintenance requirements and
airworthiness limitations. We are issuing this
AD to prevent reduced structural integrity of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Maintenance Program Revision,
With Revised Compliance Language
This paragraph restates the requirements of
paragraph (i) of AD 2012–22–15, with revised
compliance language. Within 3 months after
December 20, 2012 (the effective date of AD
2012–22–15), revise the maintenance
program to incorporate the airworthiness
limitations specified in Fokker Report SE–
623, ‘‘Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,’’ Issue
13, released August 25, 2014 (‘‘Fokker Report
SE–623, Issue 13’’). For all tasks and
retirement lives identified in Fokker Report
SE–623, Issue 13, the initial compliance
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Fmt 4702
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times start from the later of the times
specified in paragraphs (g)(1) and (g)(2) of
this AD, and the repetitive inspections must
be accomplished thereafter at the applicable
interval specified in Fokker Report SE–623,
Issue 13. Accomplishing the revision
required by paragraph (k) of this AD
terminates the requirements of this
paragraph.
(1) Within 3 months after December 20,
2012 (the effective date of AD 2012–22–15).
(2) At the time specified in Fokker Report
SE–623, Issue 13.
(h) Retained Corrective Actions, With
Specific Delegation Approval Language
This paragraph restates the requirements of
paragraph (j) of AD 2012–22–15, with
specific delegation approval language. If any
discrepancy, as defined in Fokker Report SE–
623, Issue 13, is found during
accomplishment of any task specified in
Fokker Report SE–623, Issue 13: Within the
applicable compliance time specified in
Fokker Report SE–623, Issue 13, accomplish
the applicable corrective actions in
accordance with Fokker Report SE–623, Issue
13.
(1) If no compliance time is identified in
Fokker Report SE–623, Issue 13, accomplish
the applicable corrective actions before
further flight.
(2) If any discrepancy is found and there
is no corrective action specified in Fokker
Report SE–623, Issue 13: Before further flight,
repair 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’ EASA Design Organization
Approval (DOA).
(i) Retained ‘‘No Alternative Actions or
Intervals,’’ With a New Exception
This paragraph restates the requirements of
paragraph (k) of AD 2012–22–15, with a new
exception. Except as required by paragraph
(k) of this AD, after accomplishing the
revision required by paragraph (g) of this AD,
no alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (m)(1) of this AD.
(j) Retained Method of Compliance With AD
2008–06–20, With Revised Compliance
Language
This paragraph restates the requirements of
paragraph (m) of AD 2012–22–15, with
revised compliance language. Accomplishing
the actions specified in paragraph (g) of this
AD terminates the requirements of
paragraphs (f)(1) through (f)(5) of AD 2008–
06–20 R1.
(k) New Requirement of This AD:
Maintenance or Inspection Program
Revision
Within 30 days of the effective date of this
AD, revise the maintenance or inspection
program, as applicable, to incorporate the
ALI instructions specified in Fokker Services
B.V. Engineering Report SE–623, ‘‘Fokker 70/
100 ALI’s and SLI’s,’’ Issue 16, issued June
3, 2016 (‘‘Fokker Services B.V. Engineering
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Report SE–623, Issue 16’’). Accomplishing
the revision required by this paragraph
terminates the requirements of paragraph (g)
of this AD. Accomplishing the revision
required by this paragraph also terminates
the requirements of paragraph (g) of AD
2012–12–07.
(1) The initial compliance times for the
tasks specified in Fokker Services B.V.
Engineering Report SE–623, Issue 16, are at
the later of the applicable compliance times
specified in Fokker Services B.V. Engineering
Report SE–623, Issue 16, or within 30 days
after the effective date of this AD, whichever
is later.
(2) If any discrepancy is found, before
further flight, repair using a method
approved by the Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA; or the EASA; or Fokker
B.V. Service’s EASA DOA.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(l) No Alternative Actions or Intervals
After the maintenance or inspection
program, as applicable, has been revised as
required by paragraph (k) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an AMOC in
accordance with the procedures specified in
paragraph (m)(1) of this AD.
(m) 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.
(2) Contacting the Manufacturer: As of the
effective date of this AD, 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
EASA; or Fokker B.V. Services’ EASA DOA.
If approved by the DOA, the approval must
include the DOA-authorized signature.
(n) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2016–0125, dated June 21, 2016, for related
information. You may examine the MCAI on
the Internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2016–9435.
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Jkt 241001
(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
November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–28669 Filed 12–15–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 216
[Docket No. FDA–2016–N–3464]
RIN 0910–AH29
List of Bulk Drug Substances That Can
Be Used To Compound Drug Products
in Accordance With Section 503A of
the Federal Food, Drug, and Cosmetic
Act
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
The Food and Drug
Administration (FDA or Agency) is
proposing a regulation to identify an
initial list of bulk drug substances that
can be used to compound drug products
in accordance with certain
compounding provisions of the Federal
Food, Drug, and Cosmetic Act (the
FD&C Act), although they are neither
the subject of an applicable United
States Pharmacopeia (USP) or National
Formulary (NF) monograph nor
components of FDA-approved drugs.
Specifically, the Agency proposes to
place six bulk drug substances on the
list. This proposed rule also identifies
four bulk drug substances that FDA has
considered and proposes not to include
on the list. Additional substances
nominated by the public for inclusion
on this list are currently under
consideration and will be the subject of
a future rulemaking.
DATES: Submit either electronic or
written comments on the bulk drug
substances list by March 16, 2017. See
section VI for the proposed effective
SUMMARY:
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
91071
date of a final rule based on this
proposed rule.
ADDRESSES: You may submit comments
as follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2016–N–3464 for ‘‘List of Bulk Drug
Substances That Can Be Used To
Compound Drug Products in
Accordance With Section 503A of the
Federal Food, Drug, and Cosmetic Act.’’
Received comments will be placed in
the docket and, except for those
submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
E:\FR\FM\16DEP1.SGM
16DEP1
Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Proposed Rules]
[Pages 91068-91071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28669]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9435; Directorate Identifier 2016-NM-108-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 supersede Airworthiness Directive (AD) 2012-22-
15 for all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100
airplanes. AD 2012-22-15 currently requires revising the maintenance
program to incorporate the limitations, tasks, thresholds, and
intervals specified in certain revised Fokker maintenance review board
(MRB) documents. Since we issued AD 2012-22-15, we received new
revisions of airworthiness limitations items (ALI) documents, which
introduce new and more restrictive maintenance requirements and
airworthiness limitations. This proposed AD would require revising the
maintenance or inspection program to incorporate new maintenance
requirements and airworthiness limitations. We are proposing this AD to
prevent the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by January 30,
2017.
ADDRESSES: You may send comments 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.
[[Page 91069]]
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 NPRM, contact Fokker
Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone: +31 (0)88-6280-350; fax: +31
(0)88-6280-111; email: 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-2016-
9435; 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: 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-2016-9435;
Directorate Identifier 2016-NM-108-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
On October 30, 2012, we issued AD 2012-22-15, Amendment 39-17252
(77 FR 68063, November 15, 2012) (``AD 2012-22-15''). AD 2012-22-15
requires actions intended to address an unsafe condition on all Fokker
Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes.
Since we issued AD 2012-22-15, we received Fokker Services
Engineering Reports that consist of new and more restrictive
airworthiness limitations (ALS).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive AD 2016-0125, dated June 21, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Fokker Services
B.V. Model F28 Mark 0070 and Mark 0100 airplanes. The MCAI states:
Fokker Services recently published issue 15 of Engineering
Report SE-623, containing Airworthiness Limitation Items (ALIs) and
Safe Life Items (SLIs). This report is Part 2 of the Airworthiness
Limitations Section (ALS Part 2) of the Instructions for Continued
Airworthiness, referred to in Section 06, Appendix 1, of the Fokker
70/100 Maintenance Review Board document.
The complete ALS currently consists of:
Part 1--Report SE-473, Certification Maintenance Requirements
(CMRs)--reference: EASA AD 2015-0027 [which corresponds to FAA AD
2016-11-22, Amendment 39-18549 (81 FR 36438, June 7, 2016)].
Part 2--Report SE-623, ALIs and SLIs--reference: EASA AD 2014-
0224 [which corresponds to FAA AD 2012-22-15], and
Part 3--Report SE-672, Fuel ALIs and CDCCLs--reference: EASA AD
2015-0032 [which corresponds to FAA AD 2016-11-15, Amendment 39-
18542 (81 FR 36447, June 7, 2016)].
The instructions contained in those reports have been identified
as mandatory actions for continued airworthiness. Failure to
accomplish these actions could result in an unsafe condition.
EASA previously issued AD 2014-0224, requiring the actions
described in ALS Part 1 (report SE-473 issue 10), Part 2 (report SE-
623 issue 13) and Part 3 (report SE-672 issue 4). Since that [EASA]
AD was issued, ALS Part 1 was revised (SE-473 issue 11) and EASA
issued AD 2015-0027 accordingly. ALS Part 3 was also revised (SE-672
issue 5) and EASA issued AD 2015-0032 accordingly.
For the reasons described above, this [EASA] AD retains part of
the requirements of [EASA] AD 2014-0224, which is superseded, and
requires implementation of the maintenance actions as specified in
ALS Part 2 of the Instructions for Continued Airworthiness, Fokker
Services Engineering Report SE-623 at issue 15 (hereafter referred
to as `ALS Part 2' in this [EASA] AD).
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-2016-
9435.
Related Service Information Under 1 CFR Part 51
Fokker Services B.V. has issued Fokker Services B.V. Engineering
Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 16, issued June
3, 2016. The service information describes new and more restrictive
maintenance requirements and airworthiness limitations. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination 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.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance according to paragraph (m)(1) of
this AD. The request should include a description of changes to the
required inspections that will ensure the continued operational safety
of the airplane.
Costs of Compliance
We estimate that this proposed AD affects 15 airplanes of U.S.
registry.
The actions required by AD 2012-22-15, and retained in this
proposed AD, take about 1 work-hour per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are
[[Page 91070]]
required by AD 2012-22-15 is $85 per product.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $1,275, or $85 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 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 removing Airworthiness Directive (AD)
2012-22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012), and
adding the following new AD:
Fokker Services B.V.: Docket No. FAA-2016-9435; Directorate
Identifier 2016-NM-108-AD.
(a) Comments Due Date
We must receive comments by January 30, 2017.
(b) Affected ADs
(1) This AD replaces AD 2012-22-15, Amendment 39-17252 (77 FR
68063, November 15, 2012) (``AD 2012-22-15'').
(2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR
37788, June 25, 2012) (``AD 2012-12-07'').
(3) This AD affects AD 2008-06-20 R1, Amendment 39-16089 (74 FR
61018, November 23, 2009) (``AD 2008-06-20 R1'').
(c) Applicability
This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
Mark 0100 airplanes, certificated in any category, all serial
numbers.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a revision of an airworthiness
limitations items (ALI) document, which introduces new and more
restrictive maintenance requirements and airworthiness limitations.
We are issuing this AD to prevent reduced structural integrity of
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance Program Revision, With Revised Compliance
Language
This paragraph restates the requirements of paragraph (i) of AD
2012-22-15, with revised compliance language. Within 3 months after
December 20, 2012 (the effective date of AD 2012-22-15), revise the
maintenance program to incorporate the airworthiness limitations
specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness
Limitation Items and Safe Life Items,'' Issue 13, released August
25, 2014 (``Fokker Report SE-623, Issue 13''). For all tasks and
retirement lives identified in Fokker Report SE-623, Issue 13, the
initial compliance times start from the later of the times specified
in paragraphs (g)(1) and (g)(2) of this AD, and the repetitive
inspections must be accomplished thereafter at the applicable
interval specified in Fokker Report SE-623, Issue 13. Accomplishing
the revision required by paragraph (k) of this AD terminates the
requirements of this paragraph.
(1) Within 3 months after December 20, 2012 (the effective date
of AD 2012-22-15).
(2) At the time specified in Fokker Report SE-623, Issue 13.
(h) Retained Corrective Actions, With Specific Delegation Approval
Language
This paragraph restates the requirements of paragraph (j) of AD
2012-22-15, with specific delegation approval language. If any
discrepancy, as defined in Fokker Report SE-623, Issue 13, is found
during accomplishment of any task specified in Fokker Report SE-623,
Issue 13: Within the applicable compliance time specified in Fokker
Report SE-623, Issue 13, accomplish the applicable corrective
actions in accordance with Fokker Report SE-623, Issue 13.
(1) If no compliance time is identified in Fokker Report SE-623,
Issue 13, accomplish the applicable corrective actions before
further flight.
(2) If any discrepancy is found and there is no corrective
action specified in Fokker Report SE-623, Issue 13: Before further
flight, repair 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' EASA
Design Organization Approval (DOA).
(i) Retained ``No Alternative Actions or Intervals,'' With a New
Exception
This paragraph restates the requirements of paragraph (k) of AD
2012-22-15, with a new exception. Except as required by paragraph
(k) of this AD, after accomplishing the revision required by
paragraph (g) of this AD, no alternative actions (e.g., inspections)
or intervals may be used unless the actions or intervals are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (m)(1) of this AD.
(j) Retained Method of Compliance With AD 2008-06-20, With Revised
Compliance Language
This paragraph restates the requirements of paragraph (m) of AD
2012-22-15, with revised compliance language. Accomplishing the
actions specified in paragraph (g) of this AD terminates the
requirements of paragraphs (f)(1) through (f)(5) of AD 2008-06-20
R1.
(k) New Requirement of This AD: Maintenance or Inspection Program
Revision
Within 30 days of the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
ALI instructions specified in Fokker Services B.V. Engineering
Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 16, issued
June 3, 2016 (``Fokker Services B.V. Engineering
[[Page 91071]]
Report SE-623, Issue 16''). Accomplishing the revision required by
this paragraph terminates the requirements of paragraph (g) of this
AD. Accomplishing the revision required by this paragraph also
terminates the requirements of paragraph (g) of AD 2012-12-07.
(1) The initial compliance times for the tasks specified in
Fokker Services B.V. Engineering Report SE-623, Issue 16, are at the
later of the applicable compliance times specified in Fokker
Services B.V. Engineering Report SE-623, Issue 16, or within 30 days
after the effective date of this AD, whichever is later.
(2) If any discrepancy is found, before further flight, repair
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the EASA; or Fokker
B.V. Service's EASA DOA.
(l) No Alternative Actions or Intervals
After the maintenance or inspection program, as applicable, has
been revised as required by paragraph (k) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an AMOC in accordance with the
procedures specified in paragraph (m)(1) of this AD.
(m) 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.
(2) Contacting the Manufacturer: As of the effective date of
this AD, 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 EASA; or Fokker B.V. Services' EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(n) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0125, dated June 21, 2016, for related
information. You may examine the MCAI on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2016-9435.
(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 November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28669 Filed 12-15-16; 8:45 am]
BILLING CODE 4910-13-P