AD 2019-25-10

[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 436-439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-28468]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0709; Product Identifier 2019-NM-127-AD; Amendment 
39-21008; AD 2019-25-10]
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 F28 Mark 0070 and 0100 airplanes. This AD 
was prompted by reports of fuselage bottom

[[Page 437]]

skin exfoliation corrosion, fuselage skin bulging and cracking, and 
missing fastener heads. This AD requires a detailed inspection of the 
fuselage bottom skin for corrosion; skin cracks or bulges; and missing, 
loose, or broken fasteners; and, depending on the findings, 
accomplishment of applicable repairs; as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective February 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 10, 
2020.

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#fabbbe89ba9f9b899bd49f8f88958a9bd49f8f"><span class="__cf_email__" data-cfemail="69282d1a290c081a08470c1c1b061908470c1c">[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-2019-0709.

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-
0709; 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; email 
<a href="/cdn-cgi/l/email-protection#96c2f9fbb8c4f9f2e4fff1e3f3ecd6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="e9bd8684c7bb868d9b808e9c8c93a98f8888c78e869f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0162, dated July 10, 2019 
(``EASA AD 2019-0162'') (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.
    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 F28 Mark 0070 and 0100 airplanes. The NPRM published in the 
Federal Register on October 4, 2019 (84 FR 53073). The NPRM was 
prompted by reports of fuselage bottom skin exfoliation corrosion, 
fuselage skin bulging and cracking, and missing fastener heads. The 
NPRM proposed to require a detailed inspection of the fuselage bottom 
skin for corrosion; skin cracks or bulges; and missing, loose or broken 
fasteners; and, depending on the findings, accomplishment of applicable 
repairs.
    We are issuing this AD to address fuselage bottom skin exfoliation 
corrosion, fuselage skin bulging and cracking, and missing fastener 
heads which, if not corrected, could affect the structural integrity of 
the fuselage, possibly resulting in a decompression event. See the MCAI 
for additional background information.

Comments

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

Conclusion

    We 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. We have 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 2019-0162 describes procedures for a one-time detailed 
inspection of the fuselage bottom skin for corrosion; skin cracks or 
bulges; and missing, loose, or broken fasteners; and, depending on the 
findings, accomplishment of applicable repairs. EASA AD 2019-0162 also 
describes procedures for reporting all of the inspection results (both 
positive and negative). 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 *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $340
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*Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be $340, 
or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required action. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

[[Page 438]]



                                     Estimated Costs of On-Condition Actions
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                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170............................................             (*)             $170
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-
  condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to 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 control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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 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) 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):

2019-25-10 Fokker Services B.V.: Amendment 39-21008; Docket No. FAA-
2019-0709; Product Identifier 2019-NM-127-AD.

(a) Effective Date

    This AD is effective February 10, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Fokker Services B.V. Model F28 Mark 0070 
and 0100 airplanes, certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of fuselage bottom skin 
exfoliation corrosion, fuselage skin bulging and cracking, and 
missing fastener heads. The FAA is issuing this AD to address this 
condition which, if not corrected, could affect the structural 
integrity of the fuselage, possibly resulting in a decompression 
event.

(f) Compliance

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

(g) Requirements

    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 
2019-0162, dated July 10, 2019 (``EASA AD 2019-0162'').

(h) Exceptions to EASA AD 2019-0162

    (1) Where EASA AD 2019-0162 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0162 does not apply 
to this AD.
    (3) Paragraph (3) of EASA AD 2019-0162 specifies to report 
inspection results to Fokker within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) 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.

(i) 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

[[Page 439]]

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 (j) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#043d29454a49293535322945494b47295641555141575057446265652a636b72"><span class="__cf_email__" data-cfemail="8eb7a3cfc0c3a3bfbfb8a3cfc3c1cda3dccbdfdbcbdddaddcee8efefa0e9e1f8">[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.
    (3) Paperwork Reduction Act Burden Statement: 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 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    For more information about this AD, Tom Rodriguez, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-
231-3226; email <a href="/cdn-cgi/l/email-protection#73271c1e5d211c17011a14061609331512125d141c05"><span class="__cf_email__" data-cfemail="1b4f74763549747f69727c6e7e615b7d7a7a357c746d">[email&#160;protected]</span></a>.

(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) European Union Aviation Safety Agency (EASA) AD 2019-0162, 
dated July 10, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0162, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email <a href="/cdn-cgi/l/email-protection#07464374476266746629627275687766296272"><span class="__cf_email__" data-cfemail="3f7e7b4c7f5a5e4c5e115a4a4d504f5e115a4a">[email&#160;protected]</span></a>; internet <a href="https://www.easa.europa.eu">https://www.easa.europa.eu</a>. 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-
2019-0709.
    (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#7e181b1a0c1b1950121b191f123e101f0c1f50191108"><span class="__cf_email__" data-cfemail="a4c2c1c0d6c1c38ac8c1c3c5c8e4cac5d6c58ac3cbd2">[email&#160;protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on December 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28468 Filed 1-3-20; 8:45 am]
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