Rule2021-13108
Airworthiness Directives; Fokker Services B.V. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2021
Effective
July 9, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 that corrosion was found on the horizontal flange on the front spar lower boom, between the rebate strap and the lower boom, and resulted in bulging. This AD requires doing a detailed visual inspection to detect any bulging, loose, and missing countersunk fastener heads at the left-(LH) and right-hand (RH) outer wing lower skin of the front spar between certain wing stations, and applicable on-condition actions, as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33105-33108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13108]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0448; Project Identifier MCAI-2021-00044-T;
Amendment 39-21591; AD 2021-12-04]
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 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 that corrosion was found on the horizontal
flange on the front spar lower boom, between the rebate strap and the
lower boom, and
[[Page 33106]]
resulted in bulging. This AD requires doing a detailed visual
inspection to detect any bulging, loose, and missing countersunk
fastener heads at the left-(LH) and right-hand (RH) outer wing lower
skin of the front spar between certain wing stations, and applicable
on-condition actions, as specified in a European Union Aviation Safety
Agency (EASA), which is incorporated by reference. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD becomes effective July 9, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 9,
2021.
The FAA must receive comments on this AD by August 9, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="/cdn-cgi/l/email-protection#e9a8ad9aa98c889a88c78c9c9b869988c78c9c"><span class="__cf_email__" data-cfemail="4b0a0f380b2e2a382a652e3e39243b2a652e3e">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0448.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0448; 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; telephone and fax 206-231-3226;
email <a href="/cdn-cgi/l/email-protection#02566d6f2c506d66706b65776778426463632c656d74"><span class="__cf_email__" data-cfemail="c591aaa8eb97aaa1b7aca2b0a0bf85a3a4a4eba2aab3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0014, dated January 13, 2021
(EASA AD 2021-0014) (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 that corrosion was found on the
horizontal flange on the front spar lower boom, between the rebate
strap and the lower boom, and resulted in bulging. The FAA is issuing
this AD to address corrosion on the horizontal flange, which could lead
to reduced structural integrity of the wing torsion box structure. See
the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0014 specifies procedures for doing a detailed visual
inspection to detect any bulging, loose, and missing countersunk
fastener heads at the LH and RH outer wing lower skin of the front spar
between wing station (WSTA) 10110 and WSTA 11190; and applicable on-
condition actions. On-condition actions include repetitive detailed
visual inspections of the LH and RH outer wing lower skin, at the front
spar between WSTA 10110 and WSTA 11190, if bulging between 0.5 mm and 3
mm is found; a detailed visual inspection to detect corrosion at the
front spar lower boom and rebate strap if any bulging, loose, or
missing countersunk fastener head, or bulging in excess of 3 mm, is
found; and repair of any corrosion damage. EASA AD 2021-0014 also
specifies reporting inspection findings. 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
2021-0014 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text 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 certain civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with other manufacturers and CAAs. As a
result, EASA AD 2021-0014 is incorporated by reference in this AD. This
AD, therefore, requires compliance with EASA AD 2021-0014 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 EASA AD 2021-0014 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 2021-0014 that is required for compliance with it is
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0448.
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
[[Page 33107]]
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). In addition, for the
foregoing 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.
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-2021-0448; Project Identifier MCAI-
2021-00044-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3226; email <a href="/cdn-cgi/l/email-protection#4f1b2022611d202b3d26283a2a350f292e2e61282039"><span class="__cf_email__" data-cfemail="5c083331720e33382e353b2939261c3a3d3d723b332a">[email protected]</span></a>. 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
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.... $0 $170
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* Table does not include estimated costs for reporting.
The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results to be $85 per product.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions and repairs specified in this
AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
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.
[[Page 33108]]
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:
2021-12-04 Fokker Services B.V.: Amendment 39-21591; Docket No. FAA-
2021-0448; Project Identifier MCAI-2021-00044-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 9,
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 57, Wings.
(e) Reason
This AD was prompted by a report that corrosion was found on the
horizontal flange on the front spar lower boom, between the rebate
strap and the lower boom, and resulted in bulging. The FAA is
issuing this AD to address corrosion on the horizontal flange, which
could lead to reduced structural integrity of the wing torsion box
structure.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0014, dated January 13, 2021 (EASA AD 2021-0014).
(h) Exceptions to EASA AD 2021-0014
(1) Where EASA AD 2021-0014 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (2) of EASA AD 2021-0014 requires additional
actions for bulging ``between 0.5 mm and 3 mm,'' this AD requires
those additional actions for bulging 0.5 mm or more and 3.0 mm or
less.
(3) The ``Remarks'' section of EASA AD 2021-0014 does not apply
to this AD.
(4) Paragraph (5) of EASA AD 2021-0014 specifies to report
inspection results within a certain compliance time. For this AD,
report the inspection results of each inspection accomplished in
this AD at the applicable time specified in paragraph (h)(4)(i) or
(ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 (j) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#1c25315d4a4f315d554e312b2f2c315d51535f5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="6f56422e393c422e263d42585c5f422e22202c2f090e0e41080019">[email protected]</span></a>.
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, Large Aircraft
Section, 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.
(j) 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; telephone
and fax 206-231-3226; email <a href="/cdn-cgi/l/email-protection#e7b3888ac9b58883958e8092829da7818686c9808891"><span class="__cf_email__" data-cfemail="6a3e05074438050e18030d1f0f102a0c0b0b440d051c">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0014,
dated January 13, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0014, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#80c1c4f3c0e5e1f3e1aee5f5f2eff0e1aee5f5"><span class="__cf_email__" data-cfemail="a7e6e3d4e7c2c6d4c689c2d2d5c8d7c689c2d2">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-0448.
(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
<a href="/cdn-cgi/l/email-protection#4a2c2f2e382f2d64262f2d2b260a242b382b642d253c"><span class="__cf_email__" data-cfemail="c5a3a0a1b7a0a2eba9a0a2a4a985aba4b7a4eba2aab3">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on May 27, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-13108 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P
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