AD 2019-22-13

[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Rules and Regulations]
[Pages 64728-64730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-25476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0666; Product Identifier 2019-NM-086-AD; Amendment 
39-19792; AD 2019-22-13]
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: 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 lavatory waste bin fire extinguishers found 
depleted. This AD requires a one-time inspection of the installation of 
the waste bins for interference (the inspection also includes a weight 
check of the waste bin fire extinguisher and an inspection of the 
discharge tubes for damage), modification of affected waste bins, and 
replacement of affected fire extinguishers, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which is incorporated by 
reference. This AD also requires replacement of the fire extinguisher 
if any damaged discharge tube is found or the weight of the waste bin 
fire extinguisher is too low. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective December 30, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email <a href="/cdn-cgi/l/email-protection#d19095a291b4b0a2b0ffb4a4a3bea1b0ffb4a4"><span class="__cf_email__" data-cfemail="1a5b5e695a7f7b697b347f6f68756a7b347f6f">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR material at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available in the AD docket on the internet at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2019-0666.

[[Page 64729]]

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0666; 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is 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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0095, dated April 30, 2019 
(``EASA AD 2019-0095'') (also referred to 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 0100 
airplanes.
    The FAA 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 F28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on August 30, 2019 (84 FR 45697). The NPRM was 
prompted by reports of lavatory waste bin fire extinguishers found 
depleted. The NPRM proposed to require a one-time inspection of the 
installation of the waste bins for interference (the inspection also 
includes a weight check of the waste bin fire extinguisher and an 
inspection of the discharge tubes for damage), modification of affected 
waste bins, and replacement of affected fire extinguishers. Then NPRM 
also proposed to require replacement of the fire extinguisher if any 
damaged discharge tube is found or the weight of the waste bin fire 
extinguisher is too low.
    The FAA is issuing this AD to address insufficient clearance 
between the waste bin and the fire extinguisher discharge tubes, which 
could result in failure to discharge the extinguishing agent during a 
lavatory bin fire, and consequent damage to the airplane and injury to 
occupants. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0095 describes procedures for a one-time inspection of 
the installation of each affected waste bin for interference between 
the waste bins and the fire extinguisher discharge tubes (the 
inspection for interference also includes a weight check of the waste 
bin fire extinguisher and a detailed inspection of the discharge tubes 
for damage), modification of affected waste bins, and replacement of 
affected fire extinguishers. 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.

Costs of Compliance

    The FAA estimates that this AD affects 4 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $340
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255............................................          $1,100           $1,355
----------------------------------------------------------------------------------------------------------------

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.

[[Page 64730]]

    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 and 
associated appliances to the Director of the System Oversight Division.

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-22-13 Fokker Services B.V.: Amendment 39-19792; Docket No. FAA-
2019-0666; Product Identifier 2019-NM-086-AD.

(a) Effective Date

    This AD is effective December 30, 2019.

(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, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by reports of lavatory waste bin fire 
extinguishers found depleted. An investigation revealed that damage 
to the discharge tubes may have occurred during installation or 
removal of the waste bin. Insufficient clearance between the waste 
bin and the fire extinguisher discharge tubes may have caused the 
discharge tubes to collide with the waste bin and discharge. The FAA 
is issuing this AD to address this condition, which could result in 
failure to discharge the extinguishing agent during a lavatory bin 
fire, and consequent damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Requirements as Specified in EASA AD 2019-0095

    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 
2019-0095, dated April 30, 2019 (``EASA AD 2019-0095'').

(h) Exceptions to EASA AD 2019-0095

    (1) Where EASA AD 2019-0095 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0095 does not apply 
to this AD.

(i) Additional Requirement: Corrective Action

    If, during any inspection required by paragraph (1) of EASA AD 
2019-0095 (which includes a weight check of the waste bin fire 
extinguisher and an inspection of the discharge tubes for damage), 
any damaged discharge tube is found or the weight of the waste bin 
fire extinguisher is too low: Before further flight, replace the 
fire extinguisher with a serviceable fire extinguisher.

(j) 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 (k) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#d7eefa96999afae6e6e1fa969a9894fa859286829284838497b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="7f46523e3132524e4e49523e32303c522d3a2e2a3a2c2b2c3f191e1e51181009">[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.
    (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 
Section, Transport Standards 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.

(k) Related Information

    For more information about this AD, contact Tom Rodriguez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3226.

(l) 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) European Union Aviation Safety Agency (EASA) AD 2019-0095, 
dated April 30, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0095, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email <a href="/cdn-cgi/l/email-protection#3a7b7e497a5f5b495b145f4f48554a5b145f4f"><span class="__cf_email__" data-cfemail="c48580b784a1a5b7a5eaa1b1b6abb4a5eaa1b1">[email&#160;protected]</span></a>; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view this material at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2019-0666.
    (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#d9bfbcbdabbcbef7b5bcbeb8b599b7b8abb8f7beb6af"><span class="__cf_email__" data-cfemail="88eeedecfaedefa6e4edefe9e4c8e6e9fae9a6efe7fe">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-25476 Filed 11-22-19; 8:45 am]
 BILLING CODE 4910-13-P