Rule2023-04254
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
March 3, 2023
Effective
March 20, 2023
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 reports of cracks at the upper and lower fastener holes of a repair plate in the stubwing, which had been applied to repair heat damage. This AD requires a one-time inspection of the fuselage skin in the stubwing bay area to determine if a heat damage repair plate is installed, an inspection of repaired areas for cracking, and applicable corrective actions, 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 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Rules and Regulations]
[Pages 13303-13306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04254]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0168; Project Identifier MCAI-2022-00553-T;
Amendment 39-22350; AD 2023-04-03]
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 reports of cracks at the upper and lower fastener holes
of a repair plate in the stubwing, which had been applied to repair
heat damage. This AD requires a one-time inspection of the fuselage
skin in the stubwing bay area to determine if a heat damage repair
plate is installed, an inspection of repaired areas for cracking, and
applicable corrective actions, 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 March 20, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 20,
2023.
The FAA must receive comments on this AD by April 17, 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://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0168; 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.
Material Incorporated by Reference:
<bullet> For EASA 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#29686d5a694c485a48074c5c5b465948074c5c"><span class="__cf_email__" data-cfemail="1352576053767260723d7666617c63723d7666">[email protected]</span></a>; website
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; telephone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#6e2a0f00403c010a07000f2e080f0f40090118"><span class="__cf_email__" data-cfemail="d99db8b7f78bb6bdb0b7b899bfb8b8f7beb6af">[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-2023-0168; Project Identifier MCAI-
2022-00553-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
[[Page 13304]]
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 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, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#7430151a5a261b101d1a15341215155a131b02"><span class="__cf_email__" data-cfemail="e3a7828dcdb18c878a8d82a3858282cd848c95">[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 2022-0070, dated April 21, 2022
(EASA AD 2022-0070) (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 cracks have been reported at the
upper and lower fastener holes of a repair plate, located within the
boundaries of the stubwing, which had been applied to repair heat
damage. The cracks were found about 32,000 flight cycles after the
repair plate was installed--earlier than expected, suggesting reduced
resistance to crack growth due to overheated aluminum. This condition,
if not detected and corrected, could lead to reduced structural
integrity of the airplane. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0168.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0070 specifies procedures for a one-time inspection of
the fuselage skin in the stubwing bay area to determine whether a heat
damage repair plate is installed within the boundaries of the stubwing.
EASA AD 2022-0070 also specifies procedures for a high-frequency eddy-
current (HFEC) inspection for cracks of any repaired area, damage
tolerance inspections, crack repair, and reporting of inspection
results to Fokker. 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
described 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.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0070 described previously, 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 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 2022-0070 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0070 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 2022-0070 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
2022-0070. Service information required by EASA AD 2022-0070 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2023-0168 after this AD is published.
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(s), 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:
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Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product
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9 work-hours x $85 per hour = $765.... $0 $765
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The FAA estimates the following costs to do on-condition HFEC
inspections that would be required based on the results of any required
actions. The FAA has no way of determining the number of aircraft that
might need these inspections:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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17 work-hours x $85 per hour = $1,445. $0 $1,445
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the damage tolerance inspections 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 a 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 currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, 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
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:
2023-04-03 Fokker Services B.V.: Amendment 39-22350; Docket No. FAA-
2023-0168; Project Identifier MCAI-2022-00553-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 20, 2023.
(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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracks at the upper and lower
fastener holes of a repair plate in the stubwing, which had been
applied to repair heat damage, found earlier than expected. The FAA
is issuing this AD to address reduced resistance to crack growth due
to overheated aluminum. This condition, if not detected and
corrected, could lead to 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
2022-0070, dated April 21, 2022 (EASA AD 2022-0070).
(h) Exceptions to EASA AD 2022-0070
(1) Where EASA AD 2022-0070 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (5) of EASA AD 2022-0070 specifies to report
inspection results to
[[Page 13306]]
Fokker Services B.V. within a certain compliance time. For this AD,
report inspection results at the applicable time specified in
paragraph (h)(2)(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.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0070.
(i) 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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4b72660a1d18660a0219667c787b660a0604080b2d2a2a652c243d"><span class="__cf_email__" data-cfemail="b68f9bf7e0e59bf7ffe49b8185869bf7fbf9f5f6d0d7d798d1d9c0">[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, 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) Additional Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#a9edc8c787fbc6cdc0c7c8e9cfc8c887cec6df"><span class="__cf_email__" data-cfemail="3571545b1b675a515c5b54755354541b525a43">[email protected]</span></a>.
(k) 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 2022-0070,
dated April 21, 2022.
(ii) [Reserved]
(3) For EASA AD 2022-0070, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#2a6b6e596a4f4b594b044f5f58455a4b044f5f"><span class="__cf_email__" data-cfemail="4f0e0b3c0f2a2e3c2e612a3a3d203f2e612a3a">[email protected]</span></a>; website 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#4a2c38642324393a2f293e2325240a242b382b642d253c"><span class="__cf_email__" data-cfemail="6402164a0d0a17140107100d0b0a240a0516054a030b12">[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 February 15, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04254 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-13-P
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