AD 2012-12-07

[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37788-37790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-14546]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0039; Directorate Identifier 2011-NM-144-AD; 
Amendment 39-17087; AD 2012-12-07]
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 certain 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD 
was prompted by reports of cracks underneath the passenger door in a 
butt-joint on the forward fuselage of a Model F.28 Mark 0100 airplane. 
This AD requires repetitive low frequency eddy current inspections of 
the forward fuselage butt-joints for cracks, and if necessary, a 
temporary repair followed by a permanent repair. We are issuing this AD 
to detect and correct cracking of the butt-joint on the forward 
fuselage, which could result in explosive decompression and consequent 
loss of control of the airplane.

DATES: This AD becomes effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 30, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on February 6, 2012 (77 
FR 5724). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A report has been received of a crack, detected in a butt-joint 
on the forward fuselage of an F28 Mark 0100 aeroplane, underneath 
the passenger door.
    Investigations revealed that, depending on the configuration of 
the aeroplane, one or two butt-joints in the forward fuselage can be 
affected.
    This condition, if not detected and corrected, could lead to 
explosive decompression and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires 
repetitive [low frequency eddy current] inspections of the forward 
fuselage butt joints for cracks and, when a crack is detected, 
accomplishment of a temporary repair. This [EASA] AD also requires 
reporting any cracks found to Fokker Services to enable the 
development of a modification and the determination of an interval 
for a repetitive inspection task, to be incorporated in the ALI 
[airworthiness limitations instructions] section of the MRB 
[maintenance review board] document. This [EASA] AD is considered to 
be an interim measure and further AD action is likely.

Required actions include a permanent repair of the forward fuselage 
butt-joints. You may obtain further information by examining the MCAI 
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 5724, February 6, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 5724, February 6, 2012) for correcting the unsafe 
condition; and

[[Page 37789]]

    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 5724, February 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 4 products of U.S. registry. 
We also estimate that it will take about 3 work-hours 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 to the U.S. operators to be $1,020, or $255 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 40 work-hours and require parts costing $0, for a cost of 
$3,400 per product. We have no way of determining the number of 
products that may need these actions.

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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (77 FR 5724, February 6, 
2012), 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.

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 AD:

2012-12-07 Fokker Services B.V.: Amendment 39-17087. Docket No. FAA-
2012-0039; Directorate Identifier 2011-NM-144-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 30, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 
0100 airplanes, as identified in Fokker Service Bulletin SBF100-53-
115, dated June 16, 2011.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks underneath the 
passenger door in a butt-joint on the forward fuselage of a Model 
F.28 Mark 0100 airplane. We are issuing this AD to detect and 
correct cracking of the butt-joint on the forward fuselage, which 
could result in explosive decompression and consequent loss of 
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection

    Before the accumulation of 20,000 total flight cycles, or within 
180 flight cycles after the effective date of this AD, whichever 
occurs later, do a low frequency eddy current inspection of the 
forward fuselage butt-joints for cracks, in accordance with the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-53-
115, dated June 16, 2011. Repeat the inspection thereafter at 
intervals not to exceed 1,000 flight cycles. Doing the temporary 
repair in paragraph (h) of this AD is terminating action for the 
repetitive inspections required by this paragraph. The temporary 
repair can also be accomplished if no cracking is found.

(h) Temporary Repair

    If any cracking is found during any inspection required by 
paragraph (g) of this AD, before further flight, do a temporary 
repair, in accordance with the Accomplishment Instructions of Fokker 
Service Bulletin SBF100-53-115, dated June 16, 2011. Doing the 
temporary repair is terminating action for the repetitive 
inspections required by paragraph (g) of this AD.

(i) Permanent Repair

    Within 10,000 flight cycles after installing the temporary 
repair, as required by paragraph (h) of this AD, install a permanent 
repair using a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA.

(j) Reporting

    Submit a report of the findings (both positive and negative), to 
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 
AE Nieuw-Vennep, the Netherlands, using the reports form of Fokker 
Service Bulletin SBF100-53-115, dated June 16, 2011, of the 
inspection required by paragraph (g) of this AD, at the applicable 
time specified in paragraph (j)(1) or (j)(2) of this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) 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.

(k) 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

[[Page 37790]]

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, 
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#1a23375b5457372b2b2c375b57555937485f4b4f5f494e495a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="8ab3a7cbc4c7a7bbbbbca7cbc7c5c9a7d8cfdbdfcfd9ded9caecebeba4ede5fc">[email&#160;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. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: 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 current 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 be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(l) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0115, dated June 17, 2011; and Fokker Service 
Bulletin SBF100-53-115, dated June 16, 2011; for related 
information.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Fokker Service Bulletin SBF100-53-115, dated June 16, 2011.
    (3) For Fokker service information identified in this AD, 
contact Fokker Services B.V., Technical Services Dept., P.O. Box 
231, 2150 AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-
627-350; fax +31 (0)252-627-211; email 
<a href="/cdn-cgi/l/email-protection#c7b3a2a4afa9aea4a6abb4a2b5b1aea4a2b4e9a1a8acaca2b5b4a2b5b1aea4a2b487b4b3a8b5ace9a4a8aa"><span class="__cf_email__" data-cfemail="0b7f6e68636562686a67786e797d62686e78256d6460606e79786e797d62686e784b787f64796025686466">[email&#160;protected]</span></a>; Internet <a href="http://www.myfokkerfleet.com">http://www.myfokkerfleet.com</a>
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on June 7, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14546 Filed 6-22-12; 8:45 am]
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