[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Rules and Regulations]
[Pages 596-598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28487]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1182; Product Identifier 2013-NM-093-AD; Amendment 
39-19146; AD 2018-01-05]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition on these products, and doing the actions specified in 
those instructions. This AD was prompted by an evaluation by the design 
approval holder (DAH) indicating that the fuselage frames are subject 
to widespread fatigue damage (WFD). We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD becomes effective January 22, 2018.
    We must receive comments on this AD by February 20, 2018.

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 http://www.regulations.gov. 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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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-2017-
1182; or in person at the Docket Operations office 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 Operations 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: 

Discussion

    Fatigue damage can occur locally, in small areas or structural 
design details, or globally, in widespread areas. Multiple-site damage 
is widespread damage that occurs in a large structural element such as 
a single rivet line of a lap splice joining two large skin panels. 
Widespread damage can also occur in multiple elements such as adjacent 
frames or stringers. Multiple-site damage and multiple-element damage 
cracks are typically too small initially to be reliably detected with 
normal inspection methods. Without intervention, these cracks will 
grow, and eventually compromise the structural integrity of the 
airplane. This condition is known as WFD. It is associated with general 
degradation of large areas of structure with similar structural details 
and stress levels. As an airplane ages, WFD will likely occur, and will 
certainly occur if the airplane is operated long enough without any 
intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD rule requires certain actions to 
prevent structural failure due to WFD throughout the operational life 
of certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. For existing and 
future airplanes subject to the WFD rule, the rule requires that DAHs 
establish a limit of validity (LOV) of the engineering data that 
support the structural maintenance program. Operators affected by the 
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV 
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions

[[Page 597]]

necessary to reach the LOV will be mandated by airworthiness directives 
through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2013-0102, dated May 2, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Fokker Services B.V. Model F28 Mark 0070 
and 0100 airplanes. The MCAI states:

    From service experience, it was concluded that the fuselage 
frames, which act as back-up structure for the hook latch fitting 
brackets of the large cargo doors, are sensitive to fatigue 
cracking. To ensure the continued structural integrity with respect 
to fatigue, a repetitive inspection was included in the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness under tasks 533026-00-03 and 533026-01-03.
    Since those tasks were implemented, it was determined, as part 
of a re-evaluation for Widespread Fatigue Damage, that the current 
repetitive fatigue inspections in the ALS do not provide a 
sufficient level of protection against fatigue-induced cracks.
    This condition, if not corrected, would affect the structural 
integrity of the centre fuselage.
    For the reasons described above, this [EASA] AD requires 
modification of the affected fuselage frames.
    Post-modification inspections will be included in a revision to 
the ALS, which will likely be the subject of further [EASA] AD 
action.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1182.

FAA's Determination and Requirements of This AD

    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. We are 
issuing this AD because we 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.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good cause that notice and opportunity for prior public comment 
are unnecessary. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2017-1182; Product 
Identifier 2013-NM-093-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD 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 AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD, we are 
providing the following cost estimates for an affected airplane that is 
placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modification...............................  102 work-hours x $85 per hour =             $18,600         $27,270
                                              $8,670.
----------------------------------------------------------------------------------------------------------------

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 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 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);

[[Page 598]]

    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):

2018-01-05 Fokker Services B.V.: Amendment 39-19146; Docket No. FAA-
2017-1182; Product Identifier 2013-NM-093-AD.

(a) Effective Date

    This AD becomes effective January 22, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and 
0100 airplanes, certificated in any category, having serial numbers 
11268 through 11283 inclusive, 11286, 11289, 11291, 11293, 11295, 
11300, 11303, 11306, 11308, 11310, 11312 through 11314 inclusive, 
11316, 11318, 11321, 11323 through 11335 inclusive, 11337, 11338, 
11340, 11345, 11349, 11352 through 11361 inclusive, 11365 through 
11367 inclusive, 11369, 11370, 11372, 11373, 11376 through 11380 
inclusive, 11387, 11388, 11391, 11395, 11397, 11399, 11404, 11405, 
11407, 11411 through 11419 inclusive, 11425 through 11428 inclusive, 
11432, 11435 through 11439 inclusive, 11444 through 11450 inclusive, 
11456 through 11460 inclusive, 11464 through 11469 inclusive. and 
11475 through 11585 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the fuselage frames are subject to 
widespread fatigue damage (WFD). We are issuing this AD to prevent 
cracking of the center fuselage, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the actions at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2013-0102, dated 
May 2, 2013.

(h) 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 (i)(2) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#7f46523e3132524e4e49523e32303c522d3a2e2a3a2c2b2c3f191e1e51181009"><span class="__cf_email__" data-cfemail="2811056966650519191e056965676b057a6d797d6d7b7c7b684e4949064f475e">[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.

(i) Related Information

    (1) Refer to MCAI EASA AD 2013-0102, dated May 2, 2013, for 
related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-1182.
    (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.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on December 26, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-28487 Filed 1-4-18; 8:45 am]
 BILLING CODE 4910-13-P


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