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[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36438-36440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13101]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-0464; Directorate Identifier 2015-NM-046-AD; 
Amendment 39-18549; AD 2016-11-22]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD 
was prompted by the need for more restrictive airworthiness 
limitations. This AD requires revising the maintenance or inspection 
program, as applicable, to incorporate certain maintenance requirement 
tasks, thresholds, and intervals. We are issuing this AD to reduce the 
potential for significant failure conditions and consequent loss of 
controllability of the airplane.

DATES: This AD is effective July 12, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 12, 
2016.

ADDRESSES: For service information identified in this final rule, 
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 technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-0464.

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-
0464; 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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

[[Page 36439]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Fokker Services B.V. 
Model F.28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on February 18, 2016 (81 FR 8166) (``the NPRM''). The 
NPRM was prompted by the need for more restrictive airworthiness 
limitations. The NPRM proposed to require revising the maintenance or 
inspection program, as applicable, to incorporate certain maintenance 
requirement tasks, thresholds, and intervals. We are issuing this AD to 
reduce the potential for significant failure conditions and consequent 
loss of controllability of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0027, dated February 20, 2015 (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 F.28 Mark 0070 and 0100 airplanes. The MCAI states:

    Fokker Services published issue 11 of Engineering Report SE-473, 
containing Certification Maintenance Requirements (CMRs). This 
report is Part 1 of the Airworthiness Limitations Section (ALS Part 
1) of the Instructions for Continued Airworthiness, referred to in 
Section 06, Appendix 1, of the Fokker 70/100 Maintenance Review 
Board (MRB) document.
    The complete ALS currently consists of:
    Part 1--Report SE-473 (CMRs), Part 2--Report SE-623, 
Airworthiness Limitation Items (ALIs) and Safe Life Items (SLIs), 
and Part 3--Report SE-672, Fuel ALIs and Critical Design 
Configuration Control Limitations (CDCCLs).
    The instructions contained in those reports have been identified 
as mandatory actions for continued airworthiness.
    For the reasons described above, this [EASA] AD requires 
implementation of the maintenance actions as specified in ALS Part 1 
of the Instructions for Continued Airworthiness, Fokker Services 
Engineering Report SE-473 at issue 11.

    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-
0464.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Changes to Paragraph Reference

    We have updated paragraph (h) of this AD. In paragraph (h) of the 
NPRM, we inadvertently referenced paragraph (g)(2) of the NPRM. 
Paragraph (h) of this AD has been updated to reference paragraph (g)(1) 
of this AD.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed ``Fokker 70/100 Certification Maintenance 
Requirements,'' of Fokker Services B.V. Engineering Report, 
Airworthiness Limitations Section (ALS), SE-473, Issue 11, released 
January 19, 2015. This service information describes certification 
maintenance requirements. 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.

Costs of Compliance

    We estimate that this AD affects 8 airplanes of U.S. registry.
    We also estimate that it takes about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $680, or $85 per product.

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.

Regulatory Findings

    We 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;
    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.

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 (AD):

2016-11-22 Fokker Services B.V.: Amendment 39-18549. Docket No. FAA-
2016-0464; Directorate Identifier 2015-NM-046-AD.

(a) Effective Date

    This AD is effective July 12, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes,

[[Page 36440]]

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 the need for more restrictive 
airworthiness limitations. We are issuing this AD to reduce the 
potential for significant failure conditions and consequent loss of 
controllability of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    (1) Within 12 months after the effective date of this AD, revise 
the maintenance or inspection program, as applicable, to incorporate 
the certification maintenance requirements (CMR) specified in 
``Fokker 70/100 Certification Maintenance Requirements,'' of Fokker 
Services B.V. Engineering Report, Airworthiness Limitations Section 
(ALS), SE-473, Issue 11, released January 19, 2015.
    (2) Do the applicable initial CMR inspection at the time 
specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as 
applicable, as specified in ``Fokker 70/100 Certification 
Maintenance Requirements,'' of Fokker Services B.V. Engineering 
Report, ALS, SE-473, Issue 11, released January 19, 2015. If any 
discrepancy is found during any inspection, repair using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency; 
or Fokker B.V. Service's EASA Design Organization Approval (DOA). 
Repair any discrepancy before further flight.
    (i) For CMR inspection 783100-CM-01: Within 1 year or 3,000 
flight hours after the effective date of this AD, whichever occurs 
first, but not later than 12,000 flight hours after accomplishing 
Maintenance Review Board (MRB) Task 783100-00-04.
    (ii) For CMR inspection 783500-CM-01: Within 1 year or 3,000 
flight hours after the effective date of this AD, whichever occurs 
first, but not later than 10,000 flight hours after accomplishing 
MRB Task 783100-01-01.

(h) No Alternative Inspections or Inspection Intervals

    After accomplishment of the actions specified in paragraph 
(g)(1) of this AD, no alternative actions (e.g., inspections) and 
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 (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: 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 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; 
or Fokker Services B.V.'s EASA DOA. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2015-0027, dated February 20, 2015, 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-2016-0464.

(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) Fokker Services B.V. Engineering Report, Airworthiness 
Limitations Section (ALS), SE-473, Issue 11, released January 19, 
2015.
    (ii) Reserved.
    (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 technicalservices@fokker.com; Internet http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 26, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-13101 Filed 6-6-16; 8:45 am]
 BILLING CODE 4910-13-P
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