Airworthiness Directives; Fokker Services B.V. Airplanes, 17518-17521 [2021-06913]
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Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
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 (m)(1) of
this AD. Information may be emailed to: 9ANM-LAACO-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
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
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.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (l)(4)(i) and (ii) of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(m) Related Information
(1) For more information about this AD,
contact Jeffrey W. Palmer, Aerospace
Engineer, Systems and Equipment Section,
FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712–
4137; phone: 562–627–5851; fax: 562–627–
5210; email: jeffrey.w.palmer@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (n)(5) and (6) of this AD.
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(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on April 20, 2021.
(i) Boeing Alert Service Bulletin 737–
30A1064, Revision 2, dated June 26, 2020.
(ii) [Reserved]
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16:27 Apr 02, 2021
Jkt 253001
(4) The following service information was
approved for IBR on June 26, 2019 (84 FR
23458, May 22, 2019).
(i) Boeing Service Bulletin 737–30–1067,
Revision 1, dated May 4, 2017.
(ii) Boeing Service Bulletin 737–30–1068,
Revision 1, dated May 4, 2017.
(5) 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.
(6) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(7) 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 on March 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–06896 Filed 4–2–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0186; Project
Identifier MCAI–2020–01489–T; Amendment
39–21476; AD 2021–06–09]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Fokker Services B.V. Model F28 Mark
0070 and 0100 airplanes. This AD was
prompted by a report indicating that a
passenger door opened under residual
cabin pressure during taxiing after
landing, and following the display of
the CAB PRESS CTL alert. This AD
requires revising the existing airplane
flight manual (AFM) to update the
Cabin Pressurization Control Fault
procedure, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
The FAA is issuing this AD to address
the unsafe condition on these products.
SUMMARY:
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This AD becomes effective April
20, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 20, 2021.
The FAA must receive comments on
this AD by May 20, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
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,
Airworthiness Products Section,
Operational Safety 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 at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0186.
DATES:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0186; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD, any comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3226; email:
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
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2020–0238, dated November 4, 2020
(EASA AD 2020–0238) (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.
This AD was prompted by a report
indicating that a passenger door opened
under residual cabin pressure during
taxiing after landing, and following the
display of the CAB PRESS CTL alert.
After this event occurred, the AFM
procedures were reviewed and it was
determined that the Cabin
Pressurization Control Fault procedure
may have the potential for confusion if
the associated alert appears after
landing. The FAA is issuing this AD to
address the consequences of a passenger
door opening forcefully under residual
cabin pressure, including injury to cabin
crew or ground personnel. See the
MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0238 specifies
procedures for updating the Cabin
Pressurization Control Fault procedure
of the applicable AFM. 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.
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FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0238 described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
EASA AD 2020–0238 requires
operators to ‘‘inform all flight crews’’ of
revisions to the AFM, and thereafter to
‘‘operate the aeroplane accordingly.’’
However, this AD would not
specifically require those actions as
those actions are already required by
FAA regulations.
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16:27 Apr 02, 2021
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FAA regulations require operators
furnish to pilots any changes to the
AFM (ex: 14 CFR 121.137), and to
ensure the pilots are familiar with the
AFM (ex: 14 CFR 91.505). As with any
other training requirement, training on
the updated AFM content is tracked by
the operators and recorded in each
pilot’s training record, which is
available for the FAA to review.
FAA regulations also require pilots to
follow the procedures in the existing
AFM including all updates. 14 CFR 91.9
requires that no person may operate a
civil aircraft without complying with
the operating limitations specified in
the AFM. Therefore, including a
requirement in this AD to operate the
airplane according to the revised AFM
would be redundant and unnecessary.
Further, compliance with such a
requirement in an AD would be
impracticable to demonstrate or track on
an ongoing basis; therefore, a
requirement to operate the airplane in
such a manner would be unenforceable.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0238 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0238 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2020–0238 that is required for
compliance with EASA AD 2020–0238
is available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0186.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
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U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
There are currently no U.S. registered
airplanes affected by this AD.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3). In
addition, for the foregoing reasons, the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days.
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2021–0186; Project Identifier MCAI–
2020–01489–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the final
rule, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this final rule
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
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Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Tom Rodriguez,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3226; email: tom.rodriguez@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
1 work-hour × $85 per hour = $85 ..........................................................................................................................
$0
$85
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
16:27 Apr 02, 2021
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:
■
2021–06–09 Fokker Services B.V.:
Amendment 39–21476; Docket No.
FAA–2021–0186; Project Identifier
MCAI–2020–01489–T.
(a) Effective Date
This airworthiness directive (AD) becomes
effective April 20, 2021.
(b) Affected ADs
None.
Regulatory Findings
VerDate Sep<11>2014
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
Jkt 253001
(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 31, Instruments.
(e) Reason
This AD was prompted by a report
indicating that a passenger door opened
under residual cabin pressure during taxiing
after landing, and following the display of
the CAB PRESS CTL alert. The FAA is
issuing this AD to address the consequences
of a passenger door opening forcefully under
residual cabin pressure, including injury to
cabin crew or ground personnel.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(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, EASA AD 2020–0238,
dated November 4, 2020 (EASA AD 2020–
0238).
(h) Exceptions to EASA AD 2020–0238
(1) Where EASA AD 2020–0238 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0238 does not apply to this AD.
(3) Where paragraph (2) of EASA AD 2020–
0238 specifies to ‘‘incorporate the
amendment in the AFM [airplane flight
manual]’’ after contacting Fokker Services to
obtain the applicable AFM amendment
instructions, this AD requires incorporation
of the amendment in the existing AFM before
further flight after receipt from Fokker
Services.
(4) Whereas paragraphs (1) and (2) of EASA
AD 2020–0238 specify to ‘‘inform all flight
crews, and, thereafter, operate the aeroplane
accordingly,’’ this AD does not require those
actions as those actions are already required
by existing FAA operating regulations.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation 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 responsible Flight
Standards Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
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Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Fokker’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(k) Related Information
For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3226; email: tom.rodriguez@
faa.gov.
(l) 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 2020–0238, dated November 4,
2020.
(ii) [Reserved]
(3) For EASA AD 2020–0238, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
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,
Airworthiness Products Section, Operational
Safety 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 at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2021–0186.
(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 on March 11, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–06913 Filed 4–2–21; 8:45 am]
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BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:27 Apr 02, 2021
Jkt 253001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0253; Project
Identifier MCAI–2021–00220–T; Amendment
39–21491; AD 2021–07–14]
RIN 2120–AA64
Airworthiness Directives; Yabora˜
Indu´stria Aerona´utica S.A. (Type
Certificate Previously Held by Embraer
S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Yabora˜ Indu´stria Aerona´utica S.A.
Model EMB–135 and EMB–145
airplanes. This AD was prompted by a
report involving disconnection of a side
arm strut from the right main landing
gear (MLG); a subsequent investigation
found that the side arm strut lower
bearing was installed inverted on the
airplane. This AD requires doing a
general visual inspection of the right
and left MLG to verify certain
conditions and doing all applicable oncondition actions, as specified in an
Ageˆncia Nacional de Aviac¸a˜o Civil
(ANAC) AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD becomes effective April
20, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 20, 2021.
The FAA must receive comments on
this AD by May 20, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact the National
Civil Aviation Agency (ANAC),
SUMMARY:
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Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, BRAZIL, Tel: 55 (12)
3203–6600; Email: pac@anac.gov.br;
internet www.anac.gov.br/en/. You may
find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/
certificacao/DA/DAE.asp. You may find
this IBR material on the ANAC website
at https://sistemas.anac.gov.br/
certificacao/DA/DAE.asp. You may also
view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety 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–2021–
0253.
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–2021–
0253; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: HoJoon Lim, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3405; email
ho-joon.lim@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2021–02–02, effective February 26,
2021; corrected February 26, 2021
(ANAC AD 2021–02–02) (also referred
to as the Mandatory Continuing
Airworthiness Information, or the
MCAI); to correct an unsafe condition
for all Yabora˜ Indu´stria Aerona´utica
S.A. Model EMB–135 and EMB–145
airplanes. Model EMB–145EU, –145LU,
and –145MK airplanes (which are
included in the MCAI applicability) are
not certificated by the FAA and are not
included on the U.S. type certificate
data sheet; this AD therefore does not
include those airplanes in the
applicability.
This AD was prompted by a report
involving disconnection of a side arm
E:\FR\FM\05APR1.SGM
05APR1
]]>Agencies
[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17518-17521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06913]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0186; Project Identifier MCAI-2020-01489-T;
Amendment 39-21476; AD 2021-06-09]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD
was prompted by a report indicating that a passenger door opened under
residual cabin pressure during taxiing after landing, and following the
display of the CAB PRESS CTL alert. This AD requires revising the
existing airplane flight manual (AFM) to update the Cabin
Pressurization Control Fault procedure, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD becomes effective April 20, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 20,
2021.
The FAA must receive comments on this AD by May 20, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; 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,
Airworthiness Products Section, Operational Safety 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 at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0186.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0186; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3226;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD
[[Page 17519]]
2020-0238, dated November 4, 2020 (EASA AD 2020-0238) (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.
This AD was prompted by a report indicating that a passenger door
opened under residual cabin pressure during taxiing after landing, and
following the display of the CAB PRESS CTL alert. After this event
occurred, the AFM procedures were reviewed and it was determined that
the Cabin Pressurization Control Fault procedure may have the potential
for confusion if the associated alert appears after landing. The FAA is
issuing this AD to address the consequences of a passenger door opening
forcefully under residual cabin pressure, including injury to cabin
crew or ground personnel. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0238 specifies procedures for updating the Cabin
Pressurization Control Fault procedure of the applicable AFM. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0238 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
EASA AD 2020-0238 requires operators to ``inform all flight crews''
of revisions to the AFM, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD would not specifically require those
actions as those actions are already required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to
the AFM (ex: 14 CFR 121.137), and to ensure the pilots are familiar
with the AFM (ex: 14 CFR 91.505). As with any other training
requirement, training on the updated AFM content is tracked by the
operators and recorded in each pilot's training record, which is
available for the FAA to review.
FAA regulations also require pilots to follow the procedures in the
existing AFM including all updates. 14 CFR 91.9 requires that no person
may operate a civil aircraft without complying with the operating
limitations specified in the AFM. Therefore, including a requirement in
this AD to operate the airplane according to the revised AFM would be
redundant and unnecessary. Further, compliance with such a requirement
in an AD would be impracticable to demonstrate or track on an ongoing
basis; therefore, a requirement to operate the airplane in such a
manner would be unenforceable.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0238
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0238 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in the
EASA AD. Service information specified in EASA AD 2020-0238 that is
required for compliance with EASA AD 2020-0238 is available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0186.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
There are currently no U.S. registered airplanes affected by this
AD. Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3). In addition, for the
foregoing reasons, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0186; Project Identifier MCAI-
2020-01489-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA
[[Page 17520]]
will treat such marked submissions as confidential under the FOIA, and
they will not be placed in the public docket of this AD. Submissions
containing CBI should be sent to Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3226;
email: [email protected]. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85...... $0 $85
------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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:
2021-06-09 Fokker Services B.V.: Amendment 39-21476; Docket No. FAA-
2021-0186; Project Identifier MCAI-2020-01489-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective April 20,
2021.
(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 31, Instruments.
(e) Reason
This AD was prompted by a report indicating that a passenger
door opened under residual cabin pressure during taxiing after
landing, and following the display of the CAB PRESS CTL alert. The
FAA is issuing this AD to address the consequences of a passenger
door opening forcefully under residual cabin pressure, including
injury to cabin crew or ground personnel.
(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, EASA AD 2020-0238, dated November 4, 2020 (EASA AD
2020-0238).
(h) Exceptions to EASA AD 2020-0238
(1) Where EASA AD 2020-0238 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0238 does not apply
to this AD.
(3) Where paragraph (2) of EASA AD 2020-0238 specifies to
``incorporate the amendment in the AFM [airplane flight manual]''
after contacting Fokker Services to obtain the applicable AFM
amendment instructions, this AD requires incorporation of the
amendment in the existing AFM before further flight after receipt
from Fokker Services.
(4) Whereas paragraphs (1) and (2) of EASA AD 2020-0238 specify
to ``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) 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
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must
[[Page 17521]]
be accomplished using a method approved by the Manager, Large
Aircraft Section, International Validation Branch, FAA; or EASA; or
Fokker's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(k) Related Information
For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax: 206-231-3226; email: [email protected].
(l) 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 2020-0238,
dated November 4, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0238, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet 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, Airworthiness
Products Section, Operational Safety 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 at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0186.
(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 on March 11, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-06913 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-13-P
