Airworthiness Directives; Fokker Services B.V. Airplanes, 436-439 [2019-28468]

Download as PDF 436 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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): ■ 2019–25–14 The Boeing Company: Amendment 39–21013; Docket No. FAA–2019–0603; Product Identifier 2019–NM–087–AD. (a) Effective Date This AD is effective February 10, 2020. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 777–300ER and 777F series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 777– 53A0091 RB, dated April 8, 2019. lotter on DSKBCFDHB2PROD with RULES (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the fuselage stringers, stringer splices, and skin splice straps are subject to widespread fatigue damage (WFD). The FAA is issuing this AD to address undetected fatigue cracks, which could adversely affect the structural integrity of the airplane. VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 777–53A0091 RB, dated April 8, 2019, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 777–53A0091 RB, dated April 8, 2019. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 777–53A0091, dated April 8, 2019, which is referred to in Boeing Alert Requirements Bulletin 777–53A0091 RB, dated April 8, 2019. (h) Exceptions to Service Information Specifications (1) Where Boeing Alert Requirements Bulletin 777–53A0091 RB, dated April 8, 2019, uses the phrase ‘‘the original issue date of Requirements Bulletin 777–53A0091 RB’’ or ‘‘the original issue date of this service bulletin,’’ this AD requires using ‘‘the effective date of this AD,’’ except where Boeing Alert Requirements Bulletin 777– 53A0091 RB, dated April 8, 2019, uses the phrase ‘‘the original issue date of this service bulletin’’ in a note or flag note. (2) Where Boeing Alert Requirements Bulletin 777–53A0091 RB, dated April 8, 2019, specifies contacting Boeing for repair instructions: This AD requires doing the repair before further flight using a method approved in accordance with the procedures specified in paragraph (i) of this AD. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@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 Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (j) Related Information For more information about this AD, contact Eric Lin, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3523; email: eric.lin@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 777–53A0091 RB, dated April 8, 2019. (ii) [Reserved] (3) 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; telephone 562–797–1717; internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on December 17, 2019. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–28465 Filed 1–3–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0709; Product Identifier 2019–NM–127–AD; Amendment 39–21008; AD 2019–25–10] RIN 2120–AA64 Airworthiness Directives; Fokker Services B.V. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD was prompted by reports of fuselage bottom SUMMARY: E:\FR\FM\06JAR1.SGM 06JAR1 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations skin exfoliation corrosion, fuselage skin bulging and cracking, and missing fastener heads. This AD requires a detailed inspection of the fuselage bottom skin for corrosion; skin cracks or bulges; and missing, loose, or broken fasteners; and, depending on the findings, accomplishment of applicable repairs; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 10, 2020. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 10, 2020. ADDRESSES: For the material incorporated by reference (IBR) in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0709. 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–2019– 0709; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3226; email Tom.Rodriguez@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019–0162, dated July 10, 2019 (‘‘EASA AD 2019–0162’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’) to correct an unsafe condition for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. The NPRM published in the Federal Register on October 4, 2019 (84 FR 53073). The NPRM was prompted by reports of fuselage bottom skin exfoliation corrosion, fuselage skin bulging and cracking, and missing fastener heads. The NPRM proposed to require a detailed inspection of the fuselage bottom skin for corrosion; skin cracks or bulges; and missing, loose or broken fasteners; and, depending on the findings, accomplishment of applicable repairs. We are issuing this AD to address fuselage bottom skin exfoliation corrosion, fuselage skin bulging and cracking, and missing fastener heads which, if not corrected, could affect the 437 structural integrity of the fuselage, possibly resulting in a decompression event. See the MCAI for additional background information. Comments We gave the public the opportunity to participate in developing this final rule. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Related IBR Material Under 1 CFR Part 51 EASA AD 2019–0162 describes procedures for a one-time detailed inspection of the fuselage bottom skin for corrosion; skin cracks or bulges; and missing, loose, or broken fasteners; and, depending on the findings, accomplishment of applicable repairs. EASA AD 2019–0162 also describes procedures for reporting all of the inspection results (both positive and negative). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 4 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS * Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $340 lotter on DSKBCFDHB2PROD with RULES *Table does not include estimated costs for reporting. The FAA estimates that it would take about 1 work-hour per product to comply with the reporting requirement in this AD. The average labor rate is $85 per hour. Based on these figures, the VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 FAA estimates the cost of reporting the inspection results on U.S. operators to be $340, or $85 per product. The FAA estimates the following costs to do any necessary on-condition PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 action that would be required based on the results of any required action. The FAA has no way of determining the number of aircraft that might need this on-condition action: E:\FR\FM\06JAR1.SGM 06JAR1 438 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 2 work-hours × $85 per hour = $170 ...................................................................................................................... (*) $170 * The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-condition actions specified in this AD. lotter on DSKBCFDHB2PROD with RULES Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120–0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177–1524. 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ 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): ■ 2019–25–10 Fokker Services B.V.: Amendment 39–21008; Docket No. FAA–2019–0709; Product Identifier 2019–NM–127–AD. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (a) Effective Date This AD is effective February 10, 2020. (b) Affected ADs None. (c) Applicability This AD applies to all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of fuselage bottom skin exfoliation corrosion, fuselage skin bulging and cracking, and missing fastener heads. The FAA is issuing this AD to address this condition which, if not corrected, could affect the structural integrity of the fuselage, possibly resulting in a decompression event. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with European Union Aviation Safety Agency (EASA) AD 2019–0162, dated July 10, 2019 (‘‘EASA AD 2019–0162’’). (h) Exceptions to EASA AD 2019–0162 (1) Where EASA AD 2019–0162 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2019–0162 does not apply to this AD. (3) Paragraph (3) of EASA AD 2019–0162 specifies to report inspection results to Fokker within a certain compliance time. For this AD, report inspection results at the applicable time specified in paragraph (h)(3)(i) or (ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR E:\FR\FM\06JAR1.SGM 06JAR1 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 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: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Fokker Services B.V.’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Paperwork Reduction Act Burden Statement: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory as required by this AD; the nature and extent of confidentiality to be provided, if any. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177–1524. lotter on DSKBCFDHB2PROD with RULES (j) Related Information For more information about this AD, Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3226; email Tom.Rodriguez@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2019–0162, dated July 10, 2019. (ii) [Reserved] (3) For information about EASA AD 2019– 0162, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email ADs@ easa.europa.eu; internet https:// VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (4) You may view this material at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0709. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. Issued in Des Moines, Washington, on December 10, 2019. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–28468 Filed 1–3–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0256; Product Identifier 2019–NM–027–AD; Amendment 39–19786; AD 2019–22–07] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Bombardier, Inc., Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes, Model CL–600–2C10 (Regional Jet Series 700, 701 & 702) airplanes, Model CL–600–2D15 (Regional Jet Series 705) airplanes, Model CL–600–2D24 (Regional Jet Series 900) airplanes, and Model CL– 600–2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by a report that during Automatic Flight Control System (AFCS) ALTS CAP or (V) ALTS CAP mode, the flight guidance/autopilot does not account for engine failure while capturing an altitude. This AD requires revising the existing airplane flight manual (AFM) to include a limitation and an abnormal operating procedure for the AFCS. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 10, 2020. SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 439 The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 10, 2020. ADDRESSES: For service information identified in this final rule, contact Bombardier, Inc., 400 Coˆte-Vertu Road West, Dorval, Que´bec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1– 866–538–1247 or direct-dial telephone 1–514–855–2999; fax 514–855–7401; email ac.yul@aero.bombardier.com; internet https://www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0256. 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–2019– 0256; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7367; fax 516–794–5531; email 9-avs-nyaco-cos@ faa.gov. SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF–2018–32, dated December 10, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Bombardier, Inc., Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes, Model CL– 600–2C10 (Regional Jet Series 700, 701 & 702) airplanes, Model CL–600–2D15 (Regional Jet Series 705) airplanes, Model CL–600–2D24 (Regional Jet E:\FR\FM\06JAR1.SGM 06JAR1

Agencies

[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 436-439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28468]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0709; Product Identifier 2019-NM-127-AD; Amendment 
39-21008; AD 2019-25-10]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD 
was prompted by reports of fuselage bottom

[[Page 437]]

skin exfoliation corrosion, fuselage skin bulging and cracking, and 
missing fastener heads. This AD requires a detailed inspection of the 
fuselage bottom skin for corrosion; skin cracks or bulges; and missing, 
loose, or broken fasteners; and, depending on the findings, 
accomplishment of applicable repairs; as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective February 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 10, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR material at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0709.

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-2019-
0709; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0162, dated July 10, 2019 
(``EASA AD 2019-0162'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI'') to correct an unsafe 
condition for all Fokker Services B.V. Model F28 Mark 0070 and 0100 
airplanes.
    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Fokker Services B.V. 
Model F28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on October 4, 2019 (84 FR 53073). The NPRM was 
prompted by reports of fuselage bottom skin exfoliation corrosion, 
fuselage skin bulging and cracking, and missing fastener heads. The 
NPRM proposed to require a detailed inspection of the fuselage bottom 
skin for corrosion; skin cracks or bulges; and missing, loose or broken 
fasteners; and, depending on the findings, accomplishment of applicable 
repairs.
    We are issuing this AD to address fuselage bottom skin exfoliation 
corrosion, fuselage skin bulging and cracking, and missing fastener 
heads which, if not corrected, could affect the structural integrity of 
the fuselage, possibly resulting in a decompression event. See the MCAI 
for additional background information.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule as proposed, 
except for minor editorial changes. We have determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0162 describes procedures for a one-time detailed 
inspection of the fuselage bottom skin for corrosion; skin cracks or 
bulges; and missing, loose, or broken fasteners; and, depending on the 
findings, accomplishment of applicable repairs. EASA AD 2019-0162 also 
describes procedures for reporting all of the inspection results (both 
positive and negative). This material is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 4 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $340
----------------------------------------------------------------------------------------------------------------
*Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be $340, 
or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required action. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

[[Page 438]]



                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170............................................             (*)             $170
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-
  condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-25-10 Fokker Services B.V.: Amendment 39-21008; Docket No. FAA-
2019-0709; Product Identifier 2019-NM-127-AD.

(a) Effective Date

    This AD is effective February 10, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Fokker Services B.V. Model F28 Mark 0070 
and 0100 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of fuselage bottom skin 
exfoliation corrosion, fuselage skin bulging and cracking, and 
missing fastener heads. The FAA is issuing this AD to address this 
condition which, if not corrected, could affect the structural 
integrity of the fuselage, possibly resulting in a decompression 
event.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with European Union Aviation Safety Agency (EASA) AD 
2019-0162, dated July 10, 2019 (``EASA AD 2019-0162'').

(h) Exceptions to EASA AD 2019-0162

    (1) Where EASA AD 2019-0162 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0162 does not apply 
to this AD.
    (3) Paragraph (3) of EASA AD 2019-0162 specifies to report 
inspection results to Fokker within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR

[[Page 439]]

39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (j) of this AD. Information may 
be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Fokker 
Services B.V.'s EASA Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized signature.
    (3) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

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

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0162, 
dated July 10, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0162, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet https://www.easa.europa.eu. You may find this EASA AD on the EASA website at 
https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0709.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28468 Filed 1-3-20; 8:45 am]
BILLING CODE 4910-13-P


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