[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43612-43613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21653]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-248-AD; Amendment 39-10709; AD 98-17-07]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F28 Mark 0070 and Mark
0100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Fokker Model F28 Mark 0070 and Mark 0100 series
airplanes, that requires inspection of the wing leading edge sections
for the correct amount of bleed air exhaust holes, and corrective
actions, if necessary. This amendment is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified by this AD are intended
to prevent malfunction of the wing leading edge thermal anti-ice
system, which could result in reduced controllability of the airplane
and/or reduced structural integrity of the wing due to overheating.
DATES: Effective September 18, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 18, 1998.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Services B.V., Technical Support Department, P. O.
Box 75047, 1117 ZN Schiphol Airport, the Netherlands. This information
may be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to all Fokker Model F28 Mark 0070 and
Mark 0100 series airplanes was published in the Federal Register on
December 9, 1997 (62 FR 64775). That action proposed to require
inspection of the wing leading edge sections for the correct amount of
bleed air exhaust holes, and corrective actions, if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter supports the proposed rule.
Request To Revise Compliance Time for Follow-On Actions
One commenter supports the requirement for conducting the initial
inspection within 60 days, as specified in the proposed AD, but
strongly opposes the requirement to further inspect and accomplish
leading edge repairs prior to further flight. The commenter notes that
Fokker Service Bulletin SBF100-57-032, dated August 21, 1995, was
issued over two years ago, and provides a recommended compliance time
for accomplishment of these follow-on actions. The commenter states
that, since the time to detect the discrepancy is extended an
additional 60 days by the proposed AD, it is very improbable that any
degradation that may be found will warrant permanent repair prior to
further flight. The commenter suggests that, based on the severity of
the damage that could be expected, a time scale should be developed
correlating the time allowed to accomplish the additional inspections
and repair work with the number of holes found missing. The commenter
requests that the proposed AD be revised to allow 1,200 flight hours,
as a minimum, for accomplishment of the follow-on actions; such a
revision would enable the work to be accomplished during a scheduled
maintenance period.
The FAA does not concur with the commenter's request. The FAA has
determined that, should any missing holes or heat damage be detected
during the initial inspection required by this AD, an unsafe condition
exists that necessitates repairs prior to further flight in order to
adequately address that condition. As a matter of law, in order to be
airworthy, an airplane must conform to its type design and be in a
condition for safe operation. Apart from the requirements of this AD,
if such missing holes or heat damage of the wing leading edge were
found on an airplane at any time, the airplane would be rendered
unairworthy and, as such,
[[Page 43613]]
would require repair prior to further flight.
Further, the commenter has not provided any data to substantiate
why continued flight should be allowed with missing bleed air holes in
the wing leading edge section, or with heat damage to this area.
However, under the provisions of paragraph (c) of the final rule, an
operator may request an adjustment to the compliance time, if
sufficient data are submitted to justify why such an extension would
not compromise safety.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 131 Fokker Model F28 Mark 0070 and 0100
series airplanes of U.S. registry will be affected by this AD, that it
will take approximately 1 work hour per airplane to accomplish the
required inspection, and that the average labor rate is $60 per work
hour. Based on these figures, the cost impact of the required
inspection on U.S. operators is estimated to be $7,860, or $60 per
airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-17-07 Fokker: Amendment 39-10709. Docket 97-NM-248-AD.
Applicability: All Model F28 Mark 0070 and Mark 0100 series
airplanes, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent malfunction of the wing leading edge thermal anti-ice
system, which could result in reduced controllability of the
airplane and/or reduced structural integrity of the wing due to
overheating, accomplish the following:
(a) Within 60 days after the effective date of this AD, inspect
all wing leading edge sections for the presence of the correct
number of bleed air exhaust holes, in accordance with Part 1 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-57-
032, dated August 21, 1995. If any missing holes are detected, prior
to further flight, accomplish paragraphs (a)(1) and (a)(2) of this
AD, in accordance with Part 2 of the Accomplishment Instructions of
the service bulletin:
(1) Rework the affected wing leading edge section(s) to add the
correct number of holes, and
(2) Perform a visual inspection of the auxiliary spar or front
spar, as applicable, to detect heat damage. If any heat damage is
detected, prior to further flight, repair the affected structure in
accordance with a method approved by the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate.
(b) As of the effective date of this AD, no person shall install
on any airplane a wing leading edge section, unless it has been
inspected for the presence of the correct number of bleed air
exhaust holes, and reworked, if necessary, to add the correct number
of holes, in accordance with Fokker Component Service Bulletin
D14000-57-004, dated August 21, 1995.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The actions shall be done in accordance with Fokker Service
Bulletin SBF100-57-032, dated August 21, 1995; and Fokker Component
Service Bulletin D14000-57-004, dated August 21, 1995. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Fokker Services B.V., Technical
Support Department, P. O. Box 75047, 1117 ZN Schiphol Airport, the
Netherlands. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
Note 3: The subject of this AD is addressed in Dutch
airworthiness directive BLA No. 1995-087 (A), dated August 31, 1995.
(f) This amendment becomes effective on September 18, 1998.
Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-21653 Filed 8-13-98; 8:45 am]
BILLING CODE 4910-13-U
