Rule2022-24908
Airworthiness Directives; Fokker Services B.V. Airplanes
Primary source
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Published
November 16, 2022
Effective
December 1, 2022
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 Mark 0100 airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD 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.
Full Text
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<title>Federal Register, Volume 87 Issue 220 (Wednesday, November 16, 2022)</title>
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[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68621-68624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24908]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1299; Project Identifier MCAI-2022-00248-T;
Amendment 39-22211; AD 2022-21-12]
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 Mark 0100 airplanes. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. This AD 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 becomes effective December 1, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 1,
2022.
The FAA must receive comments on this AD by January 3, 2023.
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="http://www.regulations.gov">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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, 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#c78683b487a2a6b4a6e9a2b2b5a8b7a6e9a2b2"><span class="__cf_email__" data-cfemail="a6e7e2d5e6c3c7d5c788c3d3d4c9d6c788c3d3">[email protected]</span></a>; website easa.europa.eu. You may
find this IBR material on the EASA website at ad.easa.europa.eu. 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. It is also available in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2022-1299.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No.
FAA-2022-1299; 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, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 562-627-5256; email
<a href="/cdn-cgi/l/email-protection#d4b9b5baa1b1b8fab2fabcb1a6bab5bab0b1ae94b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="d0bdb1bea5b5bcfeb6feb8b5a2beb1beb4b5aa90b6b1b1feb7bfa6">[email protected]</span></a>.
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-2022-1299; Project Identifier MCAI-
2022-00248-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="http://regulations.gov">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
[[Page 68622]]
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 Manuel Hernandez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 562-627-5256; email
<a href="/cdn-cgi/l/email-protection#264b474853434a0840084e435448474842435c6640474708414950"><span class="__cf_email__" data-cfemail="3c515d52495950125a1254594e525d525859467c5a5d5d125b534a">[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.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0027, dated February 18, 2022
(EASA AD 2022-0027) (also referred to as the MCAI), to correct an
unsafe condition for all Fokker Services B.V. Model F28 Mark 0070 and
Mark 0100 airplanes.
EASA AD 2022-0027 requires a task (limitation) related to the tasks
already in Part 2 of the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness, referred to in Section 06,
Appendix 1, of the Fokker 70/100 Maintenance Review Board document
required by EASA AD 2020-0024 (which corresponds to FAA AD 2020-09-11,
Amendment 39-19907 (85 FR 30592, May 20, 2020) (AD 2020-09-11)).
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is issuing
this AD to prevent reduced structural integrity of the airplane.
See the MCAI for additional background information.
Relationship Between This AD and AD 2020-09-11
This AD does not supersede FAA AD 2020-09-11. Rather, the FAA has
determined that a stand-alone AD is more appropriate to address the
changes in the MCAI. This AD requires revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0027 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits. 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
described above. The FAA is issuing this AD after determining that 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 revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, which are specified in EASA AD 2022-0027
described previously, as incorporated by reference.
This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections) and Critical
Design Configuration Control Limitations (CDCCLs). Compliance with
these actions and CDCCLs 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 (j)(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 information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2022-0027 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0027 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 2022-0027 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. Service information required by EASA AD 2022-0027 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1299 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), intervals, or CDCCLs/or intervals may be used unless the
actions, intervals, and CDCCLs/actions and intervals are approved as an
AMOC in accordance with the procedures specified in the AMOC paragraph
under ``Additional FAA Provisions.'' This new format includes a ``New
Provisions for Alternative Actions, Intervals, and CDCCLs/Actions and
Intervals'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action,
interval, or CDCCL/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,
[[Page 68623]]
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). 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.
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. Therefore, the agency estimates the average total cost per
operator 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 adding the following new airworthiness
directive:
2022-21-12 Fokker Services B.V.: Amendment 39-22211; Docket No. FAA-
2022-1299; Project Identifier MCAI-2022-00248-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 1, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Fokker Services B.V. Model F28 Mark 0070
and Mark 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 prevent reduced structural integrity of the
airplane.
(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
2022-0027, dated February 18, 2022 (EASA AD 2022-0027).
(h) Exceptions to EASA AD 2022-0027
(1) Where EASA AD 2022-0027 refers to its effective date, this
AD requires using the effective date of this AD.
(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 the effective date of this AD.
(4) The ``Remarks'' section of EASA AD 2022-0027 does not apply
to this AD.
(i) Provisions for Alternative Actions and Intervals
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 2021-0258.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4a73670b1c19670b0318677d797a670b0705090a2c2b2b642d253c"><span class="__cf_email__" data-cfemail="94adb9d5c2c7b9d5ddc6b9a3a7a4b9d5d9dbd7d4f2f5f5baf3fbe2">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or
[[Page 68624]]
EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
(k) Related Information
For more information about this AD, contact Manuel Hernandez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 562-627-5256; email <a href="/cdn-cgi/l/email-protection#82efe3ecf7e7eeace4aceae7f0ece3ece6e7f8c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="0e636f607b6b62206820666b7c606f606a6b744e686f6f20696178">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0027,
dated February 18, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0027, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#6d2c291e2d080c1e0c4308181f021d0c430818"><span class="__cf_email__" data-cfemail="5f1e1b2c1f3a3e2c3e713a2a2d302f3e713a2a">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(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#5f392d7136312c2f3a3c2b3630311f313e2d3e71383029"><span class="__cf_email__" data-cfemail="284e5a0641465b584d4b5c4147466846495a49064f475e">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on October 6, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24908 Filed 11-15-22; 8:45 am]
BILLING CODE 4910-13-P
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