2018-00339. Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are superseding Airworthiness Directive (AD) 95-25-02, which applied to certain Fokker Services B.V. Model F28 Mark 0100 airplanes. AD 95-25-02 required inspection(s) to detect cracks of the fuselage-mounted half of hinge assemblies of the small cargo door, and replacement of any cracked hinge assembly with a new hinge assembly. This new AD was prompted by a report that the hinges of the small cargo door are made of a material that is sensitive to stress corrosion and fatigue cracking, and by the determination that the existing inspection program does not provide sufficient protection against fatigue-induced cracks. 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. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD becomes effective January 29, 2018.

We must receive comments on this AD by February 26, 2018.

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: [phone].
• 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.

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-2017-1242; 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: [phone]) 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: [phone]; fax: [phone].

SUPPLEMENTARY INFORMATION:

Discussion

We issued AD 95-25-02, Amendment 39-9446 (60 FR 63615, December 12, 1995) (“AD 95-25-02”), which applied to certain Fokker Services B.V. Model F28 Mark 0100 airplanes. AD 95-25-02 was prompted by a report that the hinges of the small cargo door are made of a material that is sensitive to stress corrosion cracking. AD 95-25-02 required inspection(s) to detect cracks of the fuselage-mounted half of hinge assemblies of the small cargo door, and replacement of any cracked hinge assembly with a new hinge assembly. We issued AD 95-25-02 to prevent failure of the hinges of the small cargo door due to stress corrosion cracking, which could result in opening and/or separation of the door while the airplane is in flight, and resultant rapid decompression and/or structural damage to the airplane.

Since we issued AD 95-25-02, we have determined that the existing inspection program does not provide sufficient protection against fatigue-induced cracks.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2013-0028, dated February 8, 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 0100 airplanes. The MCAI states:

Over the years, stress corrosion- and fatigue-induced cracks were found on the hinges of the downward opening small cargo doors installed on Fokker F28 Mark 0100 aeroplanes.

To address the potential unsafe condition with respect to stress corrosion, CAA-NL issued AD (BLA) 93-036/2 [which corresponded to FAA AD 95-25-02] to require repetitive inspections and, if cracks are found, replacement of the hinges with hinges of a new design. These new hinges were installed before delivery on aeroplanes with s/n 11409 and higher.

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.

As part of the Widespread Fatigue Damage re-evaluation, it was concluded that the repetitive fatigue inspection in the ALS does not provide a sufficient level of protection against the fatigue-induced cracks.

For the reasons described above, this [EASA] AD retains the requirements of CAA-NL AD 93-036/2, which is superseded, and requires replacement of Part Number (P/N) A28410-405 and P/N A28410-407 hinges with modified P/N D28410-409 hinges.

You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1242.

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-2017-1242; Product Identifier 2013-NM-043-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

Action	Labor cost	Parts cost	Cost per product
Inspections (retained actions from AD 95-25-02)	2 work-hours × $85 per hour = $170 per inspection cycle	$0	$170 per inspection cycle.
Replacement (new action)	Up to 186 work-hours × $85 per hour = $15,810	Up to $7,700	Up to $23,510.

We estimate the following costs to do any necessary on-condition replacements that would be required based on the results of the required actions:

On-Condition Costs

Action	Labor cost	Parts cost	Cost per product
Replacement (retained actions from AD 95-25-02)	Up to 186 work-hours × $85 per hour = $15,810	Up to $7,700	Up to $23,510.

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);

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

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) 95-25-02, Amendment 39-9446 ( 60 FR 63617, December 12, 1995), and adding the following new AD:

2018-01-09 Fokker Services B.V.: Amendment 39-19150; Docket No. FAA-2017-1242; Product Identifier 2013-NM-043-AD.

(a) Effective Date

This AD becomes effective January 29, 2018.

(b) Affected ADs

This AD replaces AD 95-25-02, Amendment 39-9446 (60 FR 63615, December 12, 1995) (“AD 95-25-02”).

(c) Applicability

This AD applies to Fokker Services B.V. Model F28 Mark 0100 series airplanes, certificated in any category, serial numbers 11244 through 11267 inclusive, 11284, 11285, 11287, 11288, 11290, 11292, 11294, 11296, 11298, 11299, 11301, 11302, 11304, 11305, 11307, 11309, 11311, 11315, 11317, 11319, 11320, 11322, 11336, 11339, 11341 through 11344 inclusive, 11347, 11348, 11350, 11351, 11362 through 11364 inclusive, 11371, 11374, 11375, 11381 through 11384 inclusive, 11386, 11389, 11390, 11394, and 11401.

(d) Subject

Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

This AD was prompted by a report that the hinges of the small cargo door are made of a material that is sensitive to stress corrosion cracking, and by the determination that the existing inspection program does not provide sufficient protection against fatigue-induced cracks. We are issuing this AD to prevent failure of the hinges of the small cargo door due to stress corrosion cracking, which could result in opening and/or separation of the door while the airplane is in flight, and resultant rapid decompression and/or structural damage to 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 action(s) 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 2013-0028, dated February 8, 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: [e-mail]. 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 2013-0028, dated February 8, 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-2017-1242.

(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: [phone]; fax: [phone].

(j) Material Incorporated by Reference

None.

Issued in Renton, Washington, on January 2, 2018.

Michael Kaszycki,

Acting Director, System Oversight Division, Aircraft Certification Service.