[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Rules and Regulations]
[Pages 8540-8542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2175]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-113-AD; Amendment 39-9131; AD 95-02-12]


Airworthiness Directives; Fokker Model F28 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 certain Fokker Model F28 Mark 0100 series airplanes, that 
requires modification of the fixed engine cowling at the forward and 
aft crane beam attachment; and an inspection of the forward and aft 
crane beam to detect surface damage, and repair, if necessary. This 
amendment is prompted by several reports of rear cabin noise (engine 
rumble) during flight and while taxiing, which may have been caused by 
the interference between the forward and aft crane beams and the 
fasteners in the fixed engine cowling. The actions specified by this AD 
are intended to prevent chafing due to normal engine vibration, which 
could result in structural damage to the engine mount and possible 
separation of the engine from the airplane.

DATES: Effective March 17, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 17, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, 
Alexandria, Virginia 22314. 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: Tim Dulin, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2141; fax (206) 227-1320.

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 certain Fokker F28 Mark 0100 
series airplanes was published in the Federal Register on September 30, 
1994 (59 FR 49865). That action proposed to require modification of the 
fixed cowl at the forward and aft crane-beam attachment; and performing 
a visual inspection of the forward and aft crane beam to detect surface 
damage, and repair, if necessary.
    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.
    One commenter requests that the proposed 3-month ``grace period'' 
for compliance be extended to at least two years after the effective 
date of this AD for airplanes that are nearing or have exceeded the 
threshold of 15,000 flight hours. This commenter states that it would 
have to special schedule its fleet of airplanes that are approaching or 
have exceeded 15,000 flight hours in order to accomplish the proposed 
inspection/modification within the proposed compliance time. This would 
entail considerable additional expenses and schedule disruptions. 
Additionally, this commenter states that the engines on these airplanes 
are changed on an average of every two years and that a two-year 
compliance time would allow the proposed inspection/modification to be 
accomplished during a regularly scheduled engine change. The two-year 
compliance time would eliminate some of the extra down time associated 
with the modification. The commenter also states that no in-service 
incident exists to warrant such a limited compliance time.
    The FAA concurs with the commenter's request. The 3-month ``grace 
period'' proposed in the notice was intended to provide additional time 
for compliance for those airplanes that are approaching or have 
exceeded 15,000 flight hours, without necessarily requiring immediate 
compliance (and, thus, grounding of those airplanes). The FAA selected 
the 3-month interval specifically as an attempt to provide as 
conservative an interval as possible for compliance by the higher time 
airplanes; however, it was selected without benefit of any empirical 
data or other information from the manufacturer or Dutch airworthiness 
authority. Based on the information provided by the commenter, and the 
fact that there has been no in-service incident of the subject chafing, 
the FAA has determined that a longer ``grace period'' for modification 
is reasonable. The FAA has revised paragraph (a) of the final rule to 
reflect a ``grace period'' of two years after the effective date of 
this AD. This would allow the modification to be accomplished during 
regularly scheduled maintenance at a main base, where special equipment 
[[Page 8541]] and trained personnel will be available, if necessary. 
The FAA does not consider that this extension will adversely affect 
safety.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been added to this final rule to clarify this requirement.
    The FAA has recently reviewed the figures it has used over the past 
several years in calculating the economic impact of AD activity. In 
order to account for various inflationary costs in the airline 
industry, the FAA has determined that it is necessary to increase the 
labor rate used in these calculations from $55 per work hour to $60 per 
work hour. The economic impact information, below, has been revised to 
reflect this increase in the specified hourly labor rate.
    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 previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    The FAA estimates that 83 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 90 work hours per 
airplane to accomplish the required inspection and modification, and 
that the average labor rate is $60 per work hour. Required parts will 
cost approximately $75 per airplane. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $454,425, or 
$5,475 per airplane.
    The total 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.
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-02-12  Fokker: Amendment 39-9131. Docket 94-NM-113-AD.

    Applicability: Model F28 Mark 0100 series airplanes, serial 
numbers 11244 through 11438 inclusive, 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 use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously. -To prevent structural damage to the engine mount and 
possible separation of the engine from the airplane, accomplish the 
following:
    (a) Prior to the accumulation of 15,000 total flight hours, or 
within 2 years after the effective date of this AD, whichever occurs 
later, accomplish the requirements of paragraphs (a)(1) and (a)(2) 
of this AD in accordance with Fokker Service Bulletin SBF100-71-016, 
dated February 18, 1994.
    (1) Modify the fixed engine cowling at the forward and aft 
crane-beam attachment in accordance with the service bulletin.
    (2) Perform a visual inspection of the forward and aft crane 
beam to detect surface damage, in accordance with the service 
bulletin.
    (i) If no surface damage is found, no further action is required 
by paragraph (a)(2) of this AD.
    (ii) If any surface damage is found, prior to further flight, 
repair the crane beam in accordance with the service bulletin.
    (b) 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, Standardization Branch, ANM-113, 
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, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

     -(c) Special flight permits may be issued in accordance with 
Secs. 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.
    (d) The modification, inspection, and repair shall be done in 
accordance with Fokker Service Bulletin SBF100-71-016, dated 
February 18, 1994. 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 
Aircraft USA, Inc., 1199 North Fairfax Street, Alexandria, Virginia 
22314. 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.
    (e) This amendment becomes effective on March 17, 1995.

    [[Page 8542]] Issued in Renton, Washington, on January 24, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-2175 Filed 2-14-95; 8:45 am]
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