Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Proposed Rules 48671 

Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on October 

11, 2017. 

Jeffrey E. Duven, 

Director, System Oversight Division, Aircraft 

Certification Service. 

[FR Doc. 2017–22557 Filed 10–18–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–9435; Product 

Identifier 2016–NM–108–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposal to supersede Airworthiness 

Directive (AD) 2012–22–15, which 

applies to all Fokker Services B.V. 

Model F28 Mark 0070 and Mark 0100 

airplanes. This action revises the notice 

of proposed rulemaking (NPRM) by 

proposing to require incorporating new 

airworthiness limitations into the 

maintenance or inspection program, as 

applicable. We are proposing this AD to 

address the unsafe condition on these 

products. Since these actions would 

impose an additional burden over those 

in the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: The comment period for the 

NPRM published in the Federal 

Register on December 16, 2016 (81 FR 

91068), is reopened. 

We must receive comments on this 

SNPRM by December 4, 2017. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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. 

• 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. 

For service information identified in 

this SNPRM, 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 Standards 

Branch, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability 

of this material at the FAA, call 425– 

227–1221. 

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– 

9435; 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 SNPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2016–9435; Product Identifier 2016– 

NM–108–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this SNPRM. We will 

consider all comments received by the 

closing date and may amend this 

SNPRM 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 SNPRM. 

Discussion 

We issued AD 2012–22–15, 

Amendment 39–17252 (77 FR 68063, 

November 15, 2012) (‘‘AD 2012–22– 

15’’). AD 2012–22–15 requires actions 

intended to address an unsafe condition 

on all Fokker Services B.V. Model F28 

Mark 0070 and Mark 0100 airplanes. 

We issued an NPRM to amend 14 CFR 

part 39 by adding an AD that would 

supersede AD 2012–22–15. The NPRM 

published in the Federal Register on 

December 16, 2016 (81 FR 91068). The 

NPRM was prompted by new and more 

restrictive airworthiness limitations. 

The NPRM proposed to revise the 

maintenance or inspection program, as 

applicable, to incorporate the new and 

more restrictive airworthiness 

limitations. 

Actions Since the NPRM Was Issued 

Since we issued the NPRM, additional 

airworthiness limitations have been 

issued and we have determined it is 

necessary to require revising the 

maintenance or inspection program, as 

applicable, to incorporate the new 

airworthiness limitations. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2017–0095, 

dated May 30, 2017 (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 F28 

Mark 0070 and Mark 0100 airplanes. 

The MCAI states: 

Fokker Services Engineering Report SE– 

623 contains the Airworthiness Limitation 

Items (ALIs) and Safe Life Items (SLIs). This 

report is Part 2 of the Airworthiness 

Limitations Section (ALS Part 2) of the 

Instructions for Continued Airworthiness, 

referred to in Section 06, Appendix 1, of the 

Fokker 70/100 Maintenance Review Board 

document. 

The complete ALS consists of: 

Part 1—Report SE–473, Certification 

Maintenance Requirements (CMRs)—ref. 

EASA AD 2015–0027 [which corresponds to 

FAA AD 2016–11–22, Amendment 39–18549 

(81 FR 36438, June 7, 2016)], 

Part 2—Report SE–623, ALIs and SLIs—ref. 

EASA AD 2016–0125 [which corresponds to 

certain requirements in FAA AD 2012–22– 

15], and 

Part 3—Report SE–672, Fuel ALIs and 

CDCCLs—ref. EASA AD 2015–0032 [which 

corresponds to FAA AD 2016–11–15, 

Amendment 39–18542 (81 FR 36447, June 7, 

2016)]. 

The instructions contained in those reports 

have been identified as mandatory actions for 

continued airworthiness. Failure to 

accomplish these actions could result in an 

unsafe condition. 

EASA previously issued AD 2016–0125, 

requiring the actions described in ALS Part 

2, Report SE–623 at issue 15 and 16. 


rmajette on DSKBCKNHB2PROD with PROPOSALS
48672 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Proposed Rules 

Since that [EASA] AD was issued, Fokker 

Services published issue 17 of Report SE– 

623, containing new and/or more restrictive 

maintenance tasks. 

For the reasons described above, this 

[EASA] AD retains the requirements of AD 

2016–0125, which is superseded, and 

requires implementation of the maintenance 

actions as specified in ALS Part 2 of the 

Instructions for Continued Airworthiness, 

Fokker Services Engineering Report SE–623 

at issue 17 (hereafter referred to as ‘ALS Part 

2’ in this [EASA] AD). 

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– 

9435. 

Related Service Information Under 1 

CFR Part 51 

Fokker Services B.V. has issued 

Engineering Report SE–623, ‘‘Fokker 70/ 

100 ALI’s and SLI’s,’’ Issue 17, dated 

April 26, 2017. The service information 

describes new and more restrictive 

airworthiness limitations. 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. 

Comments 

We gave the public the opportunity to 

participate in developing this proposal. 

We received no comments on the NPRM 

or on the determination of the cost to 

the public. 

FAA’s Determination and Requirements 

of This SNPRM 

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 and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Certain changes described above 

expand the scope of the NPRM. As a 

result, we have determined that it is 

necessary to reopen the comment period 

to provide additional opportunity for 

the public to comment on this SNPRM. 

Costs of Compliance 

We estimate that this SNPRM affects 

15 airplanes of U.S. registry. 

The actions required by AD 2012–22– 

15, and retained in this proposed AD, 

take about 1 work-hour per product, at 

an average labor rate of $85 per workhour. Based on these figures, the 

estimated cost of the actions that are 

required by AD 2012–22–15 is $85 per 

product. 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the new basic 

requirements of this SNPRM. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this SNPRM on U.S. operators to 

be $1,275, or $85 per product. 

The new requirements of this SNPRM 

add no additional economic burden. 

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 proposed 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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2012–22–15, Amendment 39–17252 (77 

FR 68063, November 15, 2012), and 

adding the following new AD: 

Fokker Services B.V.: Docket No. FAA– 

2016–9435; Product Identifier 2016– 

NM–108–AD. 

(a) Comments Due Date 

We must receive comments by December 4, 

2017. 

(b) Affected ADs 

(1) This AD replaces AD 2012–22–15, 

Amendment 39–17252 (77 FR 68063, 

November 15, 2012) (‘‘AD 2012–22–15’’). 

(2) This AD affects AD 2012–12–07, 

Amendment 39–17087 (77 FR 37788, June 

25, 2012) (‘‘AD 2012–12–07’’). 

(3) This AD affects AD 2008–06–20 R1, 

Amendment 39–16089 (74 FR 61018, 

November 23, 2009) (‘‘AD 2008–06–20 R1’’), 

which replaced AD 2008–06–20, Amendment 

39–15432 (73 FR 14661, March 19, 2008), 

retaining its requirements. 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F28 Mark 0070 and Mark 0100 

airplanes, 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 a revision of an 

airworthiness limitations items (ALIs) 

document, which introduces new and more 

restrictive maintenance requirements and 


rmajette on DSKBCKNHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Proposed Rules 48673 

airworthiness limitations. We are 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) Retained Maintenance Program Revision, 

With Revised Compliance Language 

This paragraph restates the requirements of 

paragraph (i) of AD 2012–22–15, with revised 

compliance language. Within 3 months after 

December 20, 2012 (the effective date of AD 

2012–22–15), revise the maintenance 

program to incorporate the airworthiness 

limitations specified in Fokker Report SE– 

623, ‘‘Fokker 70/100 Airworthiness 

Limitation Items and Safe Life Items,’’ Issue 

8, released March 17, 2011. For all tasks and 

retirement lives identified in Fokker Report 

SE–623, ‘‘Fokker 70/100 Airworthiness 

Limitation Items and Safe Life Items,’’ Issue 

8, released March 17, 2011, the initial 

compliance times start from the later of the 

times specified in paragraphs (g)(1) and (g)(2) 

of this AD, and the repetitive inspections 

must be accomplished thereafter at the 

applicable interval specified in Fokker 

Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitation Items and Safe Life 

Items,’’ Issue 8, released March 17, 2011. 

Doing the revision required by paragraph (k) 

of this AD terminates the requirements of this 

paragraph. 

(1) Within 3 months after December 20, 

2012 (the effective date of AD 2012–22–15). 

(2) At the time specified in Fokker Report 

SE–623, ‘‘Fokker 70/100 Airworthiness 

Limitation Items and Safe Life Items,’’ Issue 

8, released March 17, 2011. 

(h) Retained Corrective Actions, With 

Specific Delegation Approval Language 

This paragraph restates the requirements of 

paragraph (j) of AD 2012–22–15, with 

specific delegation approval language. If any 

discrepancy, as defined in Fokker Report SE– 

623, ‘‘Fokker 70/100 Airworthiness 

Limitation Items and Safe Life Items,’’ Issue 

8, released March 17, 2011, is found during 

accomplishment of any task specified in 

Fokker Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitation Items and Safe Life 

Items,’’ Issue 8, released March 17, 2011: 

Within the applicable compliance time 

specified in Fokker Report SE–623, ‘‘Fokker 

70/100 Airworthiness Limitation Items and 

Safe Life Items,’’ Issue 8, released March 17, 

2011, accomplish the applicable corrective 

actions in accordance with Fokker Report 

SE–623, ‘‘Fokker 70/100 Airworthiness 

Limitation Items and Safe Life Items,’’ Issue 

8, released March 17, 2011, except as 

required by paragraphs (h)(1) and (h)(2) of 

this AD. 

(1) If no compliance time is identified in 

Fokker Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitation Items and Safe Life 

Items,’’ Issue 8, released March 17, 2011, 

accomplish the applicable corrective actions 

before further flight. 

(2) If any discrepancy is found and there 

is no corrective action specified in Fokker 

Report SE–623, ‘‘Fokker 70/100 

Airworthiness Limitation Items and Safe Life 

Items,’’ Issue 8, released March 17, 2011: 

Before further flight, contact the Manager, 

International Section, Transport Standards 

Branch, FAA; or the European Aviation 

Safety Agency (EASA); or Fokker Services’ 

EASA Design Organization Approval (DOA); 

for approved corrective actions, and 

accomplish those actions before further 

flight. 

(i) Retained ‘‘No Alternative Actions or 

Intervals,’’ With a New Exception 

This paragraph restates the requirements of 

paragraph (k) of AD 2012–22–15, with a new 

exception. Except as required by paragraph 

(k) of this AD, after accomplishing the 

revision required by paragraph (g) of this AD, 

no alternative actions (e.g., inspections) or 

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 (m)(1) of this AD. 

(j) Retained Method of Compliance With 

2008–06–20 R1, With Revised Compliance 

Language 

This paragraph restates the terminating 

action specified in paragraph (m) of AD 

2012–22–15, with revised compliance 

language. Accomplishing the actions 

specified in paragraph (g) of this AD 

terminates the requirements of paragraphs 

(f)(1) through (f)(5) of AD 2008–06–20 R1. 

(k) New Requirement of This AD: 

Maintenance or Inspection Program 

Revision 

Within 30 days of the effective date of this 

AD, revise the maintenance or inspection 

program, as applicable, to incorporate the 

airworthiness limitations specified in Fokker 

Services B.V. Engineering Report SE–623, 

‘‘Fokker 70/100 ALI’s and SLI’s,’’ Issue 17, 

dated April 26, 2017. Accomplishing the 

revision required by this paragraph 

terminates the requirements of paragraph (g) 

of this AD. Accomplishing the revision 

required by this paragraph also terminates 

the requirements of paragraph (g) of AD 

2012–12–07. 

(1) The initial compliance times for the 

tasks specified in Fokker Services B.V. 

Engineering Report SE–623, ‘‘Fokker 70/100 

ALI’s and SLI’s,’’ Issue 17, dated April 26, 

2017, are at the later of the applicable 

compliance times specified in Fokker 

Services B.V. Engineering Report SE–623, 

‘‘Fokker 70/100 ALI’s and SLI’s,’’ Issue 17, 

dated April 26, 2017, or within 30 days after 

the effective date of this AD, whichever is 

later. 

(2) If any discrepancy is found, before 

further flight, repair using a method 

approved by the Manager, International 

Section, Transport Standards Branch, FAA; 

or the EASA; or Fokker B.V. Service’s EASA 

DOA. If approved by the DOA, the approval 

must include the DOA-authorized signature. 

(l) No Alternative Actions or Intervals 

After the maintenance or inspection 

program, as applicable, has been revised as 

required by paragraph (k) of this AD, no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions or 

intervals are approved as an AMOC in 

accordance with the procedures specified in 

paragraph (m)(1) of this AD. 

(m) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) 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 (n)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@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. 

(2) Contacting the Manufacturer: As of the 

effective date of this AD, 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 Section, Transport 

Standards Branch, FAA; or EASA; or Fokker 

B.V. Services’ EASA DOA. If approved by the 

DOA, the approval must include the DOAauthorized signature. 

(n) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive AD 2017–0095, 

dated May 30, 2017, 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–2016–9435. 

(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. 

(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. You may view this 

service information at the FAA, Transport 

Standards Branch, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

September 22, 2017. 

Dionne Palermo, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2017–20930 Filed 10–18–17; 8:45 am] 

BILLING CODE 4910–13–P 


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