[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Rules and Regulations]
[Pages 51202-51205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24278]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-328-AD; Amendment 39-11329; AD 99-20-01]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Fokker Model F.28 Mark 0070 and 0100 series
airplanes, that requires modification of the electrical wiring of the
flight warning computer (FWC), and installation of upgraded computer
software into the FWC. 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 certain nuisance alerts generated by the FWC and to ensure
annunciation of certain flight alerts by the FWC during initial climb.
Such nuisance alerts or failures to annunciate certain alerts could
result in an improper response by the flight crew and consequent
reduced controllability of the airplane.
DATES: Effective October 27, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 27, 1999.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep,
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)
[[Page 51203]]
that is applicable to all Fokker Model F.28 Mark 0070 and 0100 series
airplanes was published in the Federal Register on March 15, 1999 (64
FR 12772). That action proposed to require modification of the
electrical wiring of the flight warning computer (FWC), and
installation of upgraded computer software into the FWC.
Comments Received
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request for Extension of Compliance Time
Two commenters, both operators, raise a concern regarding the
necessity to accomplish other modifications prior to or concurrent with
accomplishment of the modification described in Fokker Service Bulletin
SBF100-31-051, dated August 15, 1998, which is required by paragraph
(b) of the proposed AD. One commenter states that the wiring
modification described in Fokker Service Bulletin SBF100-78-014,
Revision 2, dated May 1, 1999, is necessary prior to or concurrent with
accomplishment of SBF100-31-051. Additionally, Service Bulletin SBF100-
78-014 specifies that three other service bulletins must be
accomplished either prior to or concurrent with SBF100-78-014,
including SBF100-78-012 [which is also required by AD 96-26-03,
amendment 39-9866 (62 FR 604, January 6, 1997)].
Both commenters state that the labor and costs associated with
these additional modifications will require the actions proposed in
this AD to be accomplished in conjunction with scheduled heavy
maintenance visits, rather than during scheduled overnight maintenance.
One commenter states that the compliance threshold should be extended
to preclude the additional operational costs associated with removing
an airplane from service out of the normally scheduled sequence. The
two commenters request that the compliance threshold of 18 months for
accomplishment of SBF100-31-051 be extended (to 24 months or 30 months
after the effective date of the AD) to allow sufficient time for
scheduling of the additionally required modifications.
The FAA does not concur. After further discussions with the
Rijksluchtvaartdienst (RLD), which is the airworthiness authority for
the Netherlands, and the manufacturer, the FAA has determined that such
extension of the compliance time would not provide an acceptable level
of safety necessary to address the identified unsafe condition.
Accomplishment of the modifications specified in the proposed AD, as
well as the necessary prior modifications to support the final
modification, was found to be necessary in the wake of thrust reverser
problems related to a 1996 accident in Brazil.
In developing the proposed compliance time of 18 months, the FAA
considered the safety implications, the RLD's and the manufacturer's
recommendations, and the availability of required parts. The FAA also
considered the fact that Fokker Service Bulletin SBF100-31-051 has been
available to all affected operators since August 1998.
Therefore, U.S. operators have had time since then to consider
initiating those actions, which this AD ultimately mandates. Under the
provisions of paragraph (c) of the final rule, however, the FAA may
consider requests for adjustments to the compliance time if data are
submitted to substantiate that such an adjustment would provide an
acceptable level of safety.
Relation of Proposed AD to AD 96-26-03
One commenter states that the proposed AD does not address the
necessary modifications (as discussed previously) described in Fokker
Service Bulletin SBF100-78-014, which specifies prior accomplishment of
Fokker Service Bulletin SBF100-78-012. Since SBF100-78-012 is currently
required by AD 96-26-03, the commenter notes that the proposed AD does
not provide the necessary relief for the interim conditions when an
airplane may not be in the configuration specified by AD 96-26-03 or in
full compliance with the proposed new AD. If the required relief is not
provided, the commenter states that each operator will be forced to
petition the FAA for each variance encountered during the fleet
modification program, which will add significant workload for both
these operators and the FAA.
The FAA partially concurs. The FAA concurs that AD 96-26-03
currently specifies accomplishment of SBF100-78-012, which is
indirectly necessary prior to accomplishment of SBF100-31-051 as
required by this proposed AD. However, since issuance of the proposed
AD, another proposed AD (reference Rules Docket No. 98-NM-329-AD) has
been issued that would supersede AD 96-26-03. That proposed AD would
continue to require accomplishment of SBF100-78-012 by March 21, 1997
(the compliance time specified in AD 96-26-03), and would add a
requirement for accomplishment of SBF100-78-014 within 18 months after
the effective date of that AD.
The FAA does not consider that accomplishment of the requirements
of these AD's will pose any configuration problems for operators
provided the AD's are issued simultaneously, since the compliance times
of 18 months would be identical. The FAA will ensure that the AD's are
issued simultaneously to avoid the concern expressed by the commenter.
The FAA has added NOTE 4 to the final rule to provide clarification
regarding the accomplishment of other modifications prior to
accomplishment of SBF100-31-051, as well as related FAA rulemaking
actions specified in AD 96-26-03 and Rules Docket No. 98-NM-329-AD.
Request To Remove Spares Paragraph
One commenter states that paragraph (c) of the proposed AD, which
specifies that ``As of the effective date of this AD, no person shall
install on any airplane a flight warning computer (FWC), unless it has
been modified in accordance with this AD'', is an impossible
stipulation. The commenter states that there will be a transition
period during which the wiring of some airplanes will not be modified
as described in SBF100-78-014. An upgraded FWC cannot be installed in
an unmodified airplane, therefore, provisions must be made to allow the
installation of an unmodified FWC in an unmodified airplane.
The FAA concurs. The necessary airplane wiring modifications will
be accomplished over a period of time and are necessary prior to
accomplishment of the FWC modifications required by this AD. Since the
modified FWC's cannot be installed in an unmodified airplane, the FAA
has deleted the requirement regarding installation of an unmodified FWC
by removing this paragraph from the final rule.
Request To Revise Cost Information
One commenter states that the proposed AD does not address the
labor and material costs associated with accomplishment of SBF100-78-
014. Therefore, the commenter states that an additional 44 work hours
and material costs of $7,663 must be added to the projected cost
estimates provided in the proposed AD. The FAA does not concur. As
stated previously, accomplishment of SBF100-78-014 is proposed as a
direct requirement in a separate rulemaking action (reference Rules
Docket No. 98-NM-329-AD). Cost estimates associated with that action
are provided in that NPRM and therefore are not restated in this AD.
[[Page 51204]]
Other Changes Made to the Proposed AD
The FAA has been informed that the manufacturer's address has
changed and has revised the AD to provide the correct address for
obtaining service information. The FAA also has revised its estimate of
the number of affected airplanes from 129 in the proposed AD to 126,
and the cost impact information, below, has been revised accordingly.
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 with the changes described
previously. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 126 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 6 work hours per
airplane to accomplish the required modification, and that the average
labor rate is $60 per work hour. Required parts will cost approximately
$93 per airplane. Based on these figures, the cost impact of the
modification on U.S. operators is estimated to be $57,078, or $453 per
airplane.
It will take approximately 1 work hour per airplane to accomplish
the required installation, at an average labor rate of $60 per work
hour. Required parts will cost approximately $1,500 per airplane. Based
on these figures, the cost impact of the installation on U.S. operators
is estimated to be $196,560, or $1,560 per airplane.
The cost impact figures discussed above are 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:
99-20-01 Fokker Services B.V.: Amendment 39-11329. Docket 98-NM-
328-AD.
Applicability: All Model F.28 Mark 0070 and 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 certain nuisance alerts generated by the flight
warning computer (FWC) and to ensure annunciation of certain flight
alerts by the FWC during initial climb, which could result in an
improper response by the flight crew and consequent reduced
controllability of the airplane, accomplish the following:
Modifications
(a) Within 18 months after the effective date of this AD, modify
the electrical wiring of the FWC in accordance with Part 1 or 2, as
applicable, of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-31-047, Revision 1, dated March 21, 1997.
Note 2: It is not necessary to install computer software version
V10.40 into the FWC, since a later version is available and is
required to be installed by this AD.
(b) Concurrent with the accomplishment of the requirements of
paragraph (a) of this AD, install upgraded computer software version
V11.45 into the FWC in accordance with Fokker Service Bulletin
SBF100-31-051, dated August 15, 1998.
Note 3: AlliedSignal Grimes Aerospace has issued Service
Bulletin 80-0610-31-0031, dated May 14, 1998, as an additional
source of service information for installation of the upgraded
computer software version into the FWC.
Note 4: Operators should note that Fokker Service Bulletin
SBF100-31-051, dated August 15, 1998, specifies prior or concurrent
accomplishment of Fokker Service Bulletin SBF100-78-014 [which
specifies concurrent accomplishment of Fokker Component Service
Bulletin (CSB) P41440-78-04, and prior or concurrent accomplishment
of Fokker Service Bulletin SBF100-78-012 and CSB P41440-78-05].
Related FAA Rules Docket No. 98-NM-329-AD requires accomplishment of
these four other service bulletins.
Alternative Methods of Compliance
(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 5: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(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.
Incorporation by Reference
(e) The actions shall be done in accordance with Fokker Service
Bulletin SBF100-31-047, Revision 1, dated March 21, 1997, and Fokker
Service Bulletin SBF100-31-051, dated August 15, 1998. 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., P.O. Box 231,
2150 AE Nieuw-Vennep, The
[[Page 51205]]
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 6: The subject of this AD is addressed in Dutch
airworthiness directive BLA 1998-110, dated August 31, 1998.
(f) This amendment becomes effective on October 27, 1999.
Issued in Renton, Washington, on September 13, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-24278 Filed 9-21-99; 8:45 am]
BILLING CODE 4910-13-U
