[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Proposed Rules]
[Pages 45697-45699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18762]


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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]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. 
This proposed AD was prompted by reports of lavatory waste bin fire 
extinguishers found depleted. This proposed AD would 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, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. This proposed AD 
would also 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 proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 15, 
2019.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. 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 http://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0666.

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-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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
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, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3226.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2019-0666; 
Product Identifier 2019-NM-086-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 MCAI states:

    Occurrences have been reported of lavatory waste bin fire 
extinguishers found depleted. The subsequent investigation results 
revealed that this was due to damage to the discharge tubes, which 
may have occurred during installation or removal of the waste bin, 
having collided with the fire extinguisher discharge tubes. Except 
for the affected fire extinguishers, having too long discharge 
tubes, this interference is fully due to the geometry of the 
affected waste bins.
    This condition, if not detected and corrected, could lead to 
failure of discharging the extinguishing agent in case of lavatory 
bin fire, possibly resulting in damage to the aeroplane and injury 
to occupants.
    To address this potential unsafe condition, Fokker Services 
published the SB [Fokker Service Bulletin SBF100-25-134, dated 
February 28, 2019], providing inspection instructions to verify 
correct clearance between the waste bin and the fire extinguisher 
discharge tubes and to replace affected fire extinguishers.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the installation of each affected waste bin, 
modification of the affected waste bin(s) and replacement of the 
affected fire extinguisher(s). This [EASA] AD also prohibits (re) 
installation of affected waste bins or affected fire extinguishers.

[[Page 45698]]

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, 
and it is publicly available through the EASA website.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0095 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD, and except as discussed under ``Differences 
Between this Proposed AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers to use this process. As a 
result, EASA AD 2019-0095 will be incorporated by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
the provisions specified in EASA AD 2019-0095, in its entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this proposed AD. Using common terms that are 
the same as the heading of a particular section in the EASA AD does not 
mean that operators need comply only with that section. For example, 
where the AD requirement refers to ``all required actions and 
compliance times,'' compliance with this AD requirement is not limited 
to the section titled ``Required Action(s) and Compliance Time(s)'' in 
the EASA AD. Service information specified in EASA AD 2019-0095 that is 
required for compliance with EASA AD 2019-0095 will be available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0666 after the FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2019-0095 specifies doing an inspection for interference, 
which includes a weight check of the waste bin fire extinguisher and an 
inspection of the discharge tubes for damage. EASA AD 2019-0095 
includes a corrective action for the inspection for interference but 
does not identify a corrective action for the weight check and 
inspection of the discharge tubes. However, the service information 
referenced in EASA AD 2019-0095 does specify a corrective action for 
the weight check and inspection of the discharge tubes (i.e., 
replacement of the fire extinguisher). Therefore, this proposed AD 
would 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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
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1 work-hour x $85 per hour = $85................................              $0             $85            $340
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    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
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                                                             Cost per
               Labor cost                   Parts cost        product
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3 work-hours x $85 per hour = $255......          $1,100          $1,355
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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

[[Page 45699]]

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

Regulatory Findings

    The FAA 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) 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.

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

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):

Fokker Services B.V.: Docket No. FAA-2019-0666; Product Identifier 
2019-NM-086-AD.

(a) Comments Due Date

    The FAA must receive comments by October 15, 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 discharge tubes may have caused the fire extinguisher 
discharge tubes to collide with the waste bin and discharge. The FAA 
is issuing this AD to address this condition, which could lead to 
failure of discharging 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) For purposes of determining compliance with the requirements 
of this AD: 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)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@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: 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

    (1) For information about EASA AD 2019-0095, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email ADs@easa.europa.eu; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019-0095 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0666.
    (2) 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.

    Issued in Des Moines, Washington, on August 22, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-18762 Filed 8-29-19; 8:45 am]
 BILLING CODE 4910-13-P


