82 FR 48671 - Airworthiness Directives; Fokker Services B.V. Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 201 (October 19, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 201 (October 19, 2017)
| Page Range | 48671-48673 | |
| FR Document | 2017-20930 |
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)] [Proposed Rules] [Pages 48671-48673] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20930] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9435; Product Identifier 2016-NM-108-AD] RIN 2120-AA64 Airworthiness Directives; Fokker Services B.V. Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We are revising an earlier proposal to supersede Airworthiness Directive (AD) 2012-22-15, which applies to all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes. This action revises the notice of proposed rulemaking (NPRM) by proposing to require incorporating new airworthiness limitations into the maintenance or inspection program, as applicable. We are proposing this AD to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: The comment period for the NPRM published in the Federal Register on December 16, 2016 (81 FR 91068), is reopened. We must receive comments on this SNPRM by December 4, 2017. 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 http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this SNPRM, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 9435; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this SNPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227- 1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9435; Product Identifier 2016-NM-108-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this SNPRM. We will consider all comments received by the closing date and may amend this SNPRM based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this SNPRM. Discussion We issued AD 2012-22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012) (``AD 2012-22-15''). AD 2012-22-15 requires actions intended to address an unsafe condition on all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes. We issued an NPRM to amend 14 CFR part 39 by adding an AD that would supersede AD 2012-22-15. The NPRM published in the Federal Register on December 16, 2016 (81 FR 91068). The NPRM was prompted by new and more restrictive airworthiness limitations. The NPRM proposed to revise the maintenance or inspection program, as applicable, to incorporate the new and more restrictive airworthiness limitations. Actions Since the NPRM Was Issued Since we issued the NPRM, additional airworthiness limitations have been issued and we have determined it is necessary to require revising the maintenance or inspection program, as applicable, to incorporate the new airworthiness limitations. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0095, dated May 30, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes. The MCAI states: Fokker Services Engineering Report SE-623 contains the Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs). This report is Part 2 of the Airworthiness Limitations Section (ALS Part 2) of the Instructions for Continued Airworthiness, referred to in Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review Board document. The complete ALS consists of: Part 1--Report SE-473, Certification Maintenance Requirements (CMRs)--ref. EASA AD 2015-0027 [which corresponds to FAA AD 2016-11- 22, Amendment 39-18549 (81 FR 36438, June 7, 2016)], Part 2--Report SE-623, ALIs and SLIs--ref. EASA AD 2016-0125 [which corresponds to certain requirements in FAA AD 2012-22-15], and Part 3--Report SE-672, Fuel ALIs and CDCCLs--ref. EASA AD 2015- 0032 [which corresponds to FAA AD 2016-11-15, Amendment 39-18542 (81 FR 36447, June 7, 2016)]. The instructions contained in those reports have been identified as mandatory actions for continued airworthiness. Failure to accomplish these actions could result in an unsafe condition. EASA previously issued AD 2016-0125, requiring the actions described in ALS Part 2, Report SE-623 at issue 15 and 16. [[Page 48672]] Since that [EASA] AD was issued, Fokker Services published issue 17 of Report SE-623, containing new and/or more restrictive maintenance tasks. For the reasons described above, this [EASA] AD retains the requirements of AD 2016-0125, which is superseded, and requires implementation of the maintenance actions as specified in ALS Part 2 of the Instructions for Continued Airworthiness, Fokker Services Engineering Report SE-623 at issue 17 (hereafter referred to as `ALS Part 2' in this [EASA] AD). You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 9435. Related Service Information Under 1 CFR Part 51 Fokker Services B.V. has issued Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 17, dated April 26, 2017. The service information describes new and more restrictive airworthiness limitations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Comments We gave the public the opportunity to participate in developing this proposal. We received no comments on the NPRM or on the determination of the cost to the public. FAA's Determination and Requirements of This SNPRM This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Costs of Compliance We estimate that this SNPRM affects 15 airplanes of U.S. registry. The actions required by AD 2012-22-15, and retained in this proposed AD, take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2012-22-15 is $85 per product. We also estimate that it would take about 1 work-hour per product to comply with the new basic requirements of this SNPRM. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this SNPRM on U.S. operators to be $1,275, or $85 per product. The new requirements of this SNPRM add no additional economic burden. 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 proposed 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 to the Director of the System Oversight Division. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 2012-22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012), and adding the following new AD: Fokker Services B.V.: Docket No. FAA-2016-9435; Product Identifier 2016-NM-108-AD. (a) Comments Due Date We must receive comments by December 4, 2017. (b) Affected ADs (1) This AD replaces AD 2012-22-15, Amendment 39-17252 (77 FR 68063, November 15, 2012) (``AD 2012-22-15''). (2) This AD affects AD 2012-12-07, Amendment 39-17087 (77 FR 37788, June 25, 2012) (``AD 2012-12-07''). (3) This AD affects AD 2008-06-20 R1, Amendment 39-16089 (74 FR 61018, November 23, 2009) (``AD 2008-06-20 R1''), which replaced AD 2008-06-20, Amendment 39-15432 (73 FR 14661, March 19, 2008), retaining its requirements. (c) Applicability This AD applies to Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes, certificated in any category, all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/ Maintenance Checks. (e) Reason This AD was prompted by a revision of an airworthiness limitations items (ALIs) document, which introduces new and more restrictive maintenance requirements and [[Page 48673]] airworthiness limitations. We are issuing this AD to prevent reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Maintenance Program Revision, With Revised Compliance Language This paragraph restates the requirements of paragraph (i) of AD 2012-22-15, with revised compliance language. Within 3 months after December 20, 2012 (the effective date of AD 2012-22-15), revise the maintenance program to incorporate the airworthiness limitations specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011. For all tasks and retirement lives identified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011, the initial compliance times start from the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD, and the repetitive inspections must be accomplished thereafter at the applicable interval specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011. Doing the revision required by paragraph (k) of this AD terminates the requirements of this paragraph. (1) Within 3 months after December 20, 2012 (the effective date of AD 2012-22-15). (2) At the time specified in Fokker Report SE-623, ``Fokker 70/ 100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011. (h) Retained Corrective Actions, With Specific Delegation Approval Language This paragraph restates the requirements of paragraph (j) of AD 2012-22-15, with specific delegation approval language. If any discrepancy, as defined in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011, is found during accomplishment of any task specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011: Within the applicable compliance time specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011, accomplish the applicable corrective actions in accordance with Fokker Report SE- 623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011, except as required by paragraphs (h)(1) and (h)(2) of this AD. (1) If no compliance time is identified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011, accomplish the applicable corrective actions before further flight. (2) If any discrepancy is found and there is no corrective action specified in Fokker Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and Safe Life Items,'' Issue 8, released March 17, 2011: Before further flight, contact the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Fokker Services' EASA Design Organization Approval (DOA); for approved corrective actions, and accomplish those actions before further flight. (i) Retained ``No Alternative Actions or Intervals,'' With a New Exception This paragraph restates the requirements of paragraph (k) of AD 2012-22-15, with a new exception. Except as required by paragraph (k) of this AD, after accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (m)(1) of this AD. (j) Retained Method of Compliance With 2008-06-20 R1, With Revised Compliance Language This paragraph restates the terminating action specified in paragraph (m) of AD 2012-22-15, with revised compliance language. Accomplishing the actions specified in paragraph (g) of this AD terminates the requirements of paragraphs (f)(1) through (f)(5) of AD 2008-06-20 R1. (k) New Requirement of This AD: Maintenance or Inspection Program Revision Within 30 days of the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the airworthiness limitations specified in Fokker Services B.V. Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 17, dated April 26, 2017. Accomplishing the revision required by this paragraph terminates the requirements of paragraph (g) of this AD. Accomplishing the revision required by this paragraph also terminates the requirements of paragraph (g) of AD 2012-12-07. (1) The initial compliance times for the tasks specified in Fokker Services B.V. Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 17, dated April 26, 2017, are at the later of the applicable compliance times specified in Fokker Services B.V. Engineering Report SE-623, ``Fokker 70/100 ALI's and SLI's,'' Issue 17, dated April 26, 2017, or within 30 days after the effective date of this AD, whichever is later. (2) If any discrepancy is found, before further flight, repair using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the EASA; or Fokker B.V. Service's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (l) No Alternative Actions or Intervals After the maintenance or inspection program, as applicable, has been revised as required by paragraph (k) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an AMOC in accordance with the procedures specified in paragraph (m)(1) of this AD. (m) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International 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 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 (n)(2) 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: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Fokker B.V. Services' EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (n) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive AD 2017-0095, dated May 30, 2017, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9435. (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. (3) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.com. You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Issued in Renton, Washington, on September 22, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-20930 Filed 10-18-17; 8:45 am] BILLING CODE 4910-13-P
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Renton, WA. For information on the M–30, West Building Ground Floor, Discussion
availability of this material at the FAA, call Room W12–140, 1200 New Jersey
425–227–1221. We issued AD 2012–22–15,
Avenue SE., Washington, DC, between 9 Amendment 39–17252 (77 FR 68063,
Issued in Renton, Washington, on October a.m. and 5 p.m., Monday through November 15, 2012) (‘‘AD 2012–22–
11, 2017. Friday, except Federal holidays. 15’’). AD 2012–22–15 requires actions
Jeffrey E. Duven, For service information identified in intended to address an unsafe condition
Director, System Oversight Division, Aircraft this SNPRM, contact Fokker Services on all Fokker Services B.V. Model F28
Certification Service. B.V., Technical Services Dept., P.O. Box Mark 0070 and Mark 0100 airplanes.
[FR Doc. 2017–22557 Filed 10–18–17; 8:45 am] 1357, 2130 EL Hoofddorp, the We issued an NPRM to amend 14 CFR
BILLING CODE 4910–13–P Netherlands; telephone +31 (0)88–6280– part 39 by adding an AD that would
350; fax +31 (0)88–6280–111; email supersede AD 2012–22–15. The NPRM
technicalservices@fokker.com; Internet published in the Federal Register on
DEPARTMENT OF TRANSPORTATION http://www.myfokkerfleet.com. You may December 16, 2016 (81 FR 91068). The
view this referenced service information NPRM was prompted by new and more
Federal Aviation Administration at the FAA, Transport Standards restrictive airworthiness limitations.
Branch, 1601 Lind Avenue SW., Renton, The NPRM proposed to revise the
14 CFR Part 39 WA. For information on the availability maintenance or inspection program, as
[Docket No. FAA–2016–9435; Product of this material at the FAA, call 425– applicable, to incorporate the new and
Identifier 2016–NM–108–AD] 227–1221. more restrictive airworthiness
limitations.
RIN 2120–AA64 Examining the AD Docket
Actions Since the NPRM Was Issued
Airworthiness Directives; Fokker You may examine the AD docket on
the Internet at http:// Since we issued the NPRM, additional
Services B.V. Airplanes
www.regulations.gov by searching for airworthiness limitations have been
AGENCY: Federal Aviation and locating Docket No. FAA–2016– issued and we have determined it is
Administration (FAA), DOT. 9435; or in person at the Docket necessary to require revising the
ACTION: Supplemental notice of Management Facility between 9 a.m. maintenance or inspection program, as
proposed rulemaking (SNPRM); and 5 p.m., Monday through Friday, applicable, to incorporate the new
reopening of comment period. except Federal holidays. The AD docket airworthiness limitations.
The European Aviation Safety Agency
SUMMARY: We are revising an earlier contains this SNPRM, the regulatory
(EASA), which is the Technical Agent
proposal to supersede Airworthiness evaluation, any comments received, and
for the Member States of the European
Directive (AD) 2012–22–15, which other information. The street address for
Union, has issued EASA AD 2017–0095,
applies to all Fokker Services B.V. the Docket Office (telephone: 800–647–
dated May 30, 2017 (referred to after
Model F28 Mark 0070 and Mark 0100 5527) is in the ADDRESSES section. this as the Mandatory Continuing
airplanes. This action revises the notice Comments will be available in the AD Airworthiness Information, or ‘‘the
of proposed rulemaking (NPRM) by docket shortly after receipt. MCAI’’), to correct an unsafe condition
proposing to require incorporating new FOR FURTHER INFORMATION CONTACT: Tom for all Fokker Services B.V. Model F28
airworthiness limitations into the Rodriguez, Aerospace Engineer, Mark 0070 and Mark 0100 airplanes.
maintenance or inspection program, as International Section, Transport The MCAI states:
applicable. We are proposing this AD to Standards Branch, FAA, 1601 Lind Fokker Services Engineering Report SE–
address the unsafe condition on these Avenue SW., Renton, WA 98057–3356; 623 contains the Airworthiness Limitation
products. Since these actions would telephone 425–227–1137; fax 425–227– Items (ALIs) and Safe Life Items (SLIs). This
impose an additional burden over those 1149. report is Part 2 of the Airworthiness
in the NPRM, we are reopening the Limitations Section (ALS Part 2) of the
SUPPLEMENTARY INFORMATION: Instructions for Continued Airworthiness,
comment period to allow the public the
chance to comment on these proposed Comments Invited referred to in Section 06, Appendix 1, of the
changes. Fokker 70/100 Maintenance Review Board
We invite you to send any written document.
DATES: The comment period for the The complete ALS consists of:
relevant data, views, or arguments about
NPRM published in the Federal Part 1—Report SE–473, Certification
this proposal. Send your comments to
Register on December 16, 2016 (81 FR Maintenance Requirements (CMRs)—ref.
an address listed under the ADDRESSES
91068), is reopened. EASA AD 2015–0027 [which corresponds to
We must receive comments on this section. Include ‘‘Docket No. FAA– FAA AD 2016–11–22, Amendment 39–18549
SNPRM by December 4, 2017. 2016–9435; Product Identifier 2016– (81 FR 36438, June 7, 2016)],
NM–108–AD’’ at the beginning of your Part 2—Report SE–623, ALIs and SLIs—ref.
ADDRESSES: You may send comments,
comments. We specifically invite EASA AD 2016–0125 [which corresponds to
using the procedures found in 14 CFR certain requirements in FAA AD 2012–22–
comments on the overall regulatory,
11.43 and 11.45, by any of the following 15], and
economic, environmental, and energy
methods: Part 3—Report SE–672, Fuel ALIs and
• Federal eRulemaking Portal: Go to aspects of this SNPRM. We will
CDCCLs—ref. EASA AD 2015–0032 [which
http://www.regulations.gov. Follow the consider all comments received by the corresponds to FAA AD 2016–11–15,
instructions for submitting comments. closing date and may amend this Amendment 39–18542 (81 FR 36447, June 7,
rmajette on DSKBCKNHB2PROD with PROPOSALS
• Fax: 202–493–2251. SNPRM based on those comments. 2016)].
• Mail: U.S. Department of We will post all comments we The instructions contained in those reports
Transportation, Docket Operations, receive, without change, to http:// have been identified as mandatory actions for
www.regulations.gov, including any continued airworthiness. Failure to
M–30, West Building Ground Floor, accomplish these actions could result in an
Room W12–140, 1200 New Jersey personal information you provide. We unsafe condition.
Avenue SE., Washington, DC 20590. will also post a report summarizing each EASA previously issued AD 2016–0125,
• Hand Delivery: U.S. Department of substantive verbal contact we receive requiring the actions described in ALS Part
Transportation, Docket Operations, about this SNPRM. 2, Report SE–623 at issue 15 and 16.
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Since that [EASA] AD was issued, Fokker hour. Based on these figures, the 2. Is not a ‘‘significant rule’’ under the
Services published issue 17 of Report SE– estimated cost of the actions that are DOT Regulatory Policies and Procedures
623, containing new and/or more restrictive required by AD 2012–22–15 is $85 per (44 FR 11034, February 26, 1979);
maintenance tasks. product. 3. Will not affect intrastate aviation in
For the reasons described above, this
We also estimate that it would take Alaska; and
[EASA] AD retains the requirements of AD
2016–0125, which is superseded, and about 1 work-hour per product to 4. Will not have a significant
requires implementation of the maintenance comply with the new basic economic impact, positive or negative,
actions as specified in ALS Part 2 of the requirements of this SNPRM. The on a substantial number of small entities
Instructions for Continued Airworthiness, average labor rate is $85 per work-hour. under the criteria of the Regulatory
Fokker Services Engineering Report SE–623 Based on these figures, we estimate the Flexibility Act.
at issue 17 (hereafter referred to as ‘ALS Part cost of this SNPRM on U.S. operators to
2’ in this [EASA] AD). List of Subjects in 14 CFR Part 39
be $1,275, or $85 per product.
You may examine the MCAI in the The new requirements of this SNPRM Air transportation, Aircraft, Aviation
AD docket on the Internet at http:// add no additional economic burden. safety, Incorporation by reference,
www.regulations.gov by searching for Safety.
and locating Docket No. FAA–2016– Authority for This Rulemaking
The Proposed Amendment
9435. Title 49 of the United States Code
Accordingly, under the authority
specifies the FAA’s authority to issue
Related Service Information Under 1 delegated to me by the Administrator,
rules on aviation safety. Subtitle I,
CFR Part 51 the FAA proposes to amend 14 CFR part
section 106, describes the authority of
Fokker Services B.V. has issued 39 as follows:
the FAA Administrator. ‘‘Subtitle VII:
Engineering Report SE–623, ‘‘Fokker 70/ Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS
100 ALI’s and SLI’s,’’ Issue 17, dated detail the scope of the Agency’s DIRECTIVES
April 26, 2017. The service information authority.
describes new and more restrictive We are issuing this rulemaking under ■ 1. The authority citation for part 39
airworthiness limitations. This service the authority described in ‘‘Subtitle VII, continues to read as follows:
information is reasonably available Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701.
because the interested parties have General requirements.’’ Under that
access to it through their normal course section, Congress charges the FAA with § 39.13 [Amended]
of business or by the means identified promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by
in the ADDRESSES section. air commerce by prescribing regulations removing Airworthiness Directive (AD)
Comments for practices, methods, and procedures 2012–22–15, Amendment 39–17252 (77
the Administrator finds necessary for FR 68063, November 15, 2012), and
We gave the public the opportunity to safety in air commerce. This regulation adding the following new AD:
participate in developing this proposal. is within the scope of that authority
We received no comments on the NPRM Fokker Services B.V.: Docket No. FAA–
because it addresses an unsafe condition 2016–9435; Product Identifier 2016–
or on the determination of the cost to that is likely to exist or develop on NM–108–AD.
the public. products identified in this rulemaking
(a) Comments Due Date
FAA’s Determination and Requirements action.
of This SNPRM This proposed AD is issued in We must receive comments by December 4,
2017.
This product has been approved by accordance with authority delegated by
the aviation authority of another the Executive Director, Aircraft (b) Affected ADs
country, and is approved for operation Certification Service, as authorized by (1) This AD replaces AD 2012–22–15,
in the United States. Pursuant to our FAA Order 8000.51C. In accordance Amendment 39–17252 (77 FR 68063,
bilateral agreement with the State of with that order, issuance of ADs is November 15, 2012) (‘‘AD 2012–22–15’’).
normally a function of the Compliance (2) This AD affects AD 2012–12–07,
Design Authority, we have been notified Amendment 39–17087 (77 FR 37788, June
of the unsafe condition described in the and Airworthiness Division, but during
this transition period, the Executive 25, 2012) (‘‘AD 2012–12–07’’).
MCAI and service information (3) This AD affects AD 2008–06–20 R1,
referenced above. We are proposing this Director has delegated the authority to
Amendment 39–16089 (74 FR 61018,
AD because we evaluated all pertinent issue ADs applicable to transport November 23, 2009) (‘‘AD 2008–06–20 R1’’),
information and determined an unsafe category airplanes to the Director of the which replaced AD 2008–06–20, Amendment
condition exists and is likely to exist or System Oversight Division. 39–15432 (73 FR 14661, March 19, 2008),
develop on other products of the same retaining its requirements.
Regulatory Findings
type design. (c) Applicability
Certain changes described above We determined that this proposed AD
would not have federalism implications This AD applies to Fokker Services B.V.
expand the scope of the NPRM. As a Model F28 Mark 0070 and Mark 0100
result, we have determined that it is under Executive Order 13132. This
airplanes, certificated in any category, all
necessary to reopen the comment period proposed AD would not have a serial numbers.
to provide additional opportunity for substantial direct effect on the States, on
the relationship between the national (d) Subject
the public to comment on this SNPRM.
rmajette on DSKBCKNHB2PROD with PROPOSALS
Government and the States, or on the Air Transport Association (ATA) of
Costs of Compliance distribution of power and America Code 05, Time Limits/Maintenance
We estimate that this SNPRM affects responsibilities among the various Checks.
15 airplanes of U.S. registry. levels of government. (e) Reason
The actions required by AD 2012–22– For the reasons discussed above, I This AD was prompted by a revision of an
15, and retained in this proposed AD, certify this proposed regulation: airworthiness limitations items (ALIs)
take about 1 work-hour per product, at 1. Is not a ‘‘significant regulatory document, which introduces new and more
an average labor rate of $85 per work- action’’ under Executive Order 12866; restrictive maintenance requirements and
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![Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Proposed Rules 48673
airworthiness limitations. We are issuing this Items,’’ Issue 8, released March 17, 2011: accordance with the procedures specified in
AD to prevent reduced structural integrity of Before further flight, contact the Manager, paragraph (m)(1) of this AD.
the airplane. International Section, Transport Standards
Branch, FAA; or the European Aviation (m) Other FAA AD Provisions
(f) Compliance Safety Agency (EASA); or Fokker Services’ The following provisions also apply to this
Comply with this AD within the EASA Design Organization Approval (DOA); AD:
compliance times specified, unless already for approved corrective actions, and (1) Alternative Methods of Compliance
done. accomplish those actions before further (AMOCs): The Manager, International
(g) Retained Maintenance Program Revision, flight. Section, Transport Standards Branch, FAA,
With Revised Compliance Language (i) Retained ‘‘No Alternative Actions or has the authority to approve AMOCs for this
This paragraph restates the requirements of Intervals,’’ With a New Exception AD, if requested using the procedures found
paragraph (i) of AD 2012–22–15, with revised This paragraph restates the requirements of in 14 CFR 39.19. In accordance with 14 CFR
compliance language. Within 3 months after paragraph (k) of AD 2012–22–15, with a new 39.19, send your request to your principal
December 20, 2012 (the effective date of AD exception. Except as required by paragraph inspector or local Flight Standards District
2012–22–15), revise the maintenance (k) of this AD, after accomplishing the Office, as appropriate. If sending information
program to incorporate the airworthiness revision required by paragraph (g) of this AD, directly to the International Section, send it
limitations specified in Fokker Report SE– no alternative actions (e.g., inspections) or to the attention of the person identified in
623, ‘‘Fokker 70/100 Airworthiness intervals may be used unless the actions or paragraph (n)(2) of this AD. Information may
Limitation Items and Safe Life Items,’’ Issue intervals are approved as an alternative be emailed to: 9-ANM-116-AMOC-
8, released March 17, 2011. For all tasks and method of compliance (AMOC) in REQUESTS@faa.gov. Before using any
retirement lives identified in Fokker Report accordance with the procedures specified in approved AMOC, notify your appropriate
SE–623, ‘‘Fokker 70/100 Airworthiness paragraph (m)(1) of this AD. principal inspector, or lacking a principal
Limitation Items and Safe Life Items,’’ Issue
(j) Retained Method of Compliance With inspector, the manager of the local flight
8, released March 17, 2011, the initial
compliance times start from the later of the 2008–06–20 R1, With Revised Compliance standards district office/certificate holding
times specified in paragraphs (g)(1) and (g)(2) Language district office.
of this AD, and the repetitive inspections This paragraph restates the terminating (2) Contacting the Manufacturer: As of the
must be accomplished thereafter at the action specified in paragraph (m) of AD effective date of this AD, for any requirement
applicable interval specified in Fokker 2012–22–15, with revised compliance in this AD to obtain corrective actions from
Report SE–623, ‘‘Fokker 70/100 language. Accomplishing the actions a manufacturer, the action must be
Airworthiness Limitation Items and Safe Life specified in paragraph (g) of this AD accomplished using a method approved by
Items,’’ Issue 8, released March 17, 2011. terminates the requirements of paragraphs the Manager, International Section, Transport
Doing the revision required by paragraph (k) (f)(1) through (f)(5) of AD 2008–06–20 R1. Standards Branch, FAA; or EASA; or Fokker
of this AD terminates the requirements of this B.V. Services’ EASA DOA. If approved by the
paragraph. (k) New Requirement of This AD:
Maintenance or Inspection Program DOA, the approval must include the DOA-
(1) Within 3 months after December 20, authorized signature.
2012 (the effective date of AD 2012–22–15). Revision
(2) At the time specified in Fokker Report Within 30 days of the effective date of this (n) Related Information
SE–623, ‘‘Fokker 70/100 Airworthiness AD, revise the maintenance or inspection (1) Refer to Mandatory Continuing
Limitation Items and Safe Life Items,’’ Issue program, as applicable, to incorporate the
Airworthiness Information (MCAI) EASA
8, released March 17, 2011. airworthiness limitations specified in Fokker
Airworthiness Directive AD 2017–0095,
Services B.V. Engineering Report SE–623,
(h) Retained Corrective Actions, With ‘‘Fokker 70/100 ALI’s and SLI’s,’’ Issue 17, dated May 30, 2017, for related information.
Specific Delegation Approval Language dated April 26, 2017. Accomplishing the This MCAI may be found in the AD docket
This paragraph restates the requirements of revision required by this paragraph on the Internet at http://www.regulations.gov
paragraph (j) of AD 2012–22–15, with terminates the requirements of paragraph (g) by searching for and locating Docket No.
specific delegation approval language. If any of this AD. Accomplishing the revision FAA–2016–9435.
discrepancy, as defined in Fokker Report SE– required by this paragraph also terminates (2) For more information about this AD,
623, ‘‘Fokker 70/100 Airworthiness the requirements of paragraph (g) of AD contact Tom Rodriguez, Aerospace Engineer,
Limitation Items and Safe Life Items,’’ Issue 2012–12–07. International Section, Transport Standards
8, released March 17, 2011, is found during (1) The initial compliance times for the Branch, FAA, 1601 Lind Avenue SW.,
accomplishment of any task specified in tasks specified in Fokker Services B.V. Renton, WA 98057–3356; telephone 425–
Fokker Report SE–623, ‘‘Fokker 70/100 Engineering Report SE–623, ‘‘Fokker 70/100 227–1137; fax 425–227–1149.
Airworthiness Limitation Items and Safe Life ALI’s and SLI’s,’’ Issue 17, dated April 26, (3) For service information identified in
Items,’’ Issue 8, released March 17, 2011: 2017, are at the later of the applicable this AD, contact Fokker Services B.V.,
Within the applicable compliance time compliance times specified in Fokker
specified in Fokker Report SE–623, ‘‘Fokker Technical Services Dept., P.O. Box 1357,
Services B.V. Engineering Report SE–623,
70/100 Airworthiness Limitation Items and ‘‘Fokker 70/100 ALI’s and SLI’s,’’ Issue 17, 2130 EL Hoofddorp, the Netherlands;
Safe Life Items,’’ Issue 8, released March 17, dated April 26, 2017, or within 30 days after telephone +31 (0)88–6280–350; fax +31
2011, accomplish the applicable corrective the effective date of this AD, whichever is (0)88–6280–111; email technicalservices@
actions in accordance with Fokker Report later. fokker.com; Internet http://
SE–623, ‘‘Fokker 70/100 Airworthiness (2) If any discrepancy is found, before www.myfokkerfleet.com. You may view this
Limitation Items and Safe Life Items,’’ Issue further flight, repair using a method service information at the FAA, Transport
8, released March 17, 2011, except as approved by the Manager, International Standards Branch, 1601 Lind Avenue SW.,
required by paragraphs (h)(1) and (h)(2) of Section, Transport Standards Branch, FAA; Renton, WA. For information on the
this AD. or the EASA; or Fokker B.V. Service’s EASA availability of this material at the FAA, call
(1) If no compliance time is identified in DOA. If approved by the DOA, the approval 425–227–1221.
rmajette on DSKBCKNHB2PROD with PROPOSALS
Fokker Report SE–623, ‘‘Fokker 70/100 must include the DOA-authorized signature.
Airworthiness Limitation Items and Safe Life Issued in Renton, Washington, on
Items,’’ Issue 8, released March 17, 2011, (l) No Alternative Actions or Intervals September 22, 2017.
accomplish the applicable corrective actions After the maintenance or inspection Dionne Palermo,
before further flight. program, as applicable, has been revised as Acting Director, System Oversight Division,
(2) If any discrepancy is found and there required by paragraph (k) of this AD, no Aircraft Certification Service.
is no corrective action specified in Fokker alternative actions (e.g., inspections) or
Report SE–623, ‘‘Fokker 70/100 intervals may be used unless the actions or [FR Doc. 2017–20930 Filed 10–18–17; 8:45 am]
Airworthiness Limitation Items and Safe Life intervals are approved as an AMOC in BILLING CODE 4910–13–P
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Document Created: 2017-10-19 02:56:42
Document Modified: 2017-10-19 02:56:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. | |
| Dates | The comment period for the NPRM published in the Federal Register on December 16, 2016 (81 FR 91068), is reopened. | |
| Contact | Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227- 1149. | |
| FR Citation | 82 FR 48671 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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