Airworthiness Directives; Fokker Services B.V. Airplanes, 49280-49283 [2023-16096]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49280-49283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16096]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1487; Project Identifier MCAI-2022-01626-T; 
Amendment 39-22504; AD 2023-14-04]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-09-11 
and AD 2022-21-12, which applied to all Fokker Services B.V. Model F28 
Mark 0070 and 0100 airplanes. AD 2020-09-11 and AD 2022-21-12 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2022-21-12, new or more restrictive tasks and 
limitations have been introduced. This AD continues to require the 
actions of AD 2022-21-12, and also requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations; 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 is effective August 15, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 15, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 1, 2022 (87 FR 68621, November 16, 2022).
    The FAA must receive comments on this AD by September 14, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1487; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
EASA,

[[Page 49281]]

Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email [email protected]; website easa.europa.eu. You may find 
this material on the EASA website at ad.easa.europa.eu.
     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. It is also available at 
regulations.gov under Docket No. FAA-2023-1487.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1487; Project Identifier MCAI-
2022-01626-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 
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 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 Dan 
Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3225; 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.

Background

    The FAA issued AD 2022-21-12, Amendment 39-22211 (87 FR 68621, 
November 16, 2022) (AD 2022-21-12), for all Fokker Services B.V. Model 
F28 Mark 0070 and 0100 airplanes. AD 2022-21-12 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2022-0027, dated February 18, 
2022 (EASA AD 2022-0027), to correct an unsafe condition.
    AD 2022-21-12 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA issued AD 2022-21-12 to 
prevent reduced structural integrity of the airplane.

Actions Since AD 2022-21-12 Was Issued

    Since the FAA issued AD 2022-21-12, EASA superseded AD 2022-0027 
and issued EASA AD 2022-0260, dated December 20, 2022 (EASA AD 2022-
0260) (also referred to as the MCAI), to correct an unsafe condition 
for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. 
The MCAI states that new or more restrictive airworthiness limitations 
have been developed.
    EASA AD 2022-0027, dated February 18, 2022, superseded EASA AD 
2020-0024, dated February 13, 2020 (which corresponds to FAA AD 2020-
09-11, Amendment 39-19907 (85 FR 30592, May 20, 2020) (AD 2020-09-11). 
AD 2020-09-11 requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations (a prior revision of the airworthiness 
limitations section (ALS) document required by AD 2022-21-12). The FAA 
has therefore determined that this AD should also supersede AD 2020-09-
11.
    The FAA is issuing this AD to address reduced structural integrity 
of the airplane. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1487.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0260 specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2022-0027, dated February 18, 2022, 
which the Director of the Federal Register approved for incorporation 
by reference as of December 1, 2022 (87 FR 68621, November 16, 2022).
    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

AD Requirements

    This AD retains the requirements of AD 2022-21-12. This AD also 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, which are specified in EASA AD 2022-0260 described 
previously, as incorporated by reference. Any differences with EASA AD 
2022-0260 are identified as exceptions in the regulatory text of this 
AD.
    This AD requires 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 (AMOC) according to paragraph (m)(1) of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of

[[Page 49282]]

information for compliance with requirements for corresponding FAA ADs. 
The FAA has been coordinating this process with manufacturers and CAAs. 
As a result, the FAA retains the IBR of EASA AD 2022-0027 and 
incorporates EASA AD 2022-0260 by reference in this AD. This AD 
requires compliance with EASA AD 2022-0027 and EASA AD 2022-0260 
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 EASA AD 2022-
0027 or EASA AD 2022-0260 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 EASA AD 2022-0027 or EASA AD 2022-0260. 
Service information required by EASA AD 2022-0027 and EASA AD 2022-0260 
for compliance will be available at regulations.gov under Docket No. 
FAA-2023-1487 after this AD is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an AMOC in accordance with the procedures specified in 
the AMOCs paragraph under ``Additional AD Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions and Intervals'' 
paragraph that does not specifically refer to AMOCs, but operators may 
still request an AMOC to use an alternative action or interval.

FAA's Justification 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 domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reason, 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.

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:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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

    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.

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:
0
a. Removing Airworthiness Directive (AD) 2020-09-11, Amendment 39-19907 
(85 FR 30592, May 20, 2020) and AD 2022-21-12, Amendment 39-22211 (87 
FR 68621, November 16, 2022); and
0
b. Adding the following new AD:


[[Page 49283]]


2023-14-04 Fokker Services B.V.: Amendment 39-22504; Docket No. FAA-
2023-1487; Project Identifier MCAI-2022-01626-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 15, 2023.

(b) Affected ADs

    This AD replaces AD 2020-09-11, Amendment 39-19907 (85 FR 30592, 
May 20, 2020) (AD 2020-09-11) and AD 2022-21-12, Amendment 39-22211 
(87 FR 68621, November 16, 2022) (AD 2022-21-12).

(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 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2022-21-12, with no changes. 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 2022-0027, dated February 18, 2022 (EASA AD 2022-
0027). Accomplishing the revision of the existing maintenance or 
inspection program required by paragraph (j) of this AD terminates 
the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2022-0027, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2022-21-12, with no changes.
    (1) Where EASA AD 2022-0027 refers to its effective date, this 
AD requires using December 1, 2022 (the effective date of AD 2022-
21-12).
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0027 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2022-0027 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after December 1, 2022 (the effective 
date of AD 2022-21-12).
    (4) The ``Remarks'' section of EASA AD 2022-0027 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals With No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2022-21-12, with no changes. Except as required by paragraph (j) of 
this AD, after the existing maintenance or inspection program has 
been revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2022-0027.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0260, dated December 20, 2022 (EASA AD 
2022-0260). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0260

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2022-0260.
    (2) Paragraph (3) of EASA AD 2022-0260 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2022-0260 is at the applicable ``associated 
thresholds'' and ``limitations'' as incorporated by the requirements 
of paragraph (3) of EASA AD 2022-0260, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in 
paragraphs (4) and (5) of EASA AD 2022-0260.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0260.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0260.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (n) 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 be 
accomplished using a method approved by the Manager, International 
Validation 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.

(n) Additional Information

    For more information about this AD, contact Dan Rodina, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 206-231-3225; email [email protected].

(o) 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 
August 15, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0260, 
dated December 20, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
December 1, 2022 (87 FR 68621, November 16, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0027, 
dated February 18, 2022.
    (ii) Reserved
    (5) For EASA ADs 2022-0027 and 2022-0260, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu. You may find these 
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) 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 regulations.gov under Docket No. FAA-2023-1487.
    (7) 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16096 Filed 7-28-23; 8:45 am]
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