[Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
[Proposed Rules]
[Pages 14275-14277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7853]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-170-AD]


Airworthiness Directives; Fokker Model F28 Series Airplanes 
(Excluding Model F28 Mark 0100 Series Airplanes)

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Fokker Model F28 series 
airplanes. This proposal would require a one-time detailed visual 
inspection to detect cracking of the elevator gust lock housing and the 
gust lock support structure, and repair or replacement of cracked 
parts. This proposal is prompted by a report of failure of an elevator 
gust lock housing due to fatigue cracking. The actions specified by the 
proposed AD are intended to prevent fatigue cracking of the elevator 
gust lock housing and the gust lock support structure, which could 
result in loss of the elevator and the support structure, and 
subsequent possible loss of primary pitch control.

DATES: Comments must be received by May 9, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-170-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, 
Alexandria, Virginia 22314. This information may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Connie Beane, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206) 
227-2796; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall

[[Page 14276]]
identify the Rules Docket number and be submitted in triplicate to the 
address specified above. All communications received on or before the 
closing date for comments, specified above, will be considered before 
taking action on the proposed rule. The proposals contained in this 
notice may be changed in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-170-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs -

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-170-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion -

    The Rijksluchtvaartdienst (RLD), which is the airworthiness 
authority for the Netherlands, recently notified the FAA that an unsafe 
condition may exist on certain Fokker Model F28 series airplanes. The 
RLD advises that it received a report indicating that the elevator gust 
lock housing on a Model F28 series airplane failed during maintenance. 
This failure occurred after the cockpit control column was moved with 
the gust lock in the ``ON'' position and the hydraulic system 
activated. After the gust lock was disengaged, the elevator appeared to 
be obstructed. Results of a subsequent investigation revealed that the 
two upper legs of the gust lock housing had broken off, while the 
housing was bent towards the tension regulator quadrant. The gust lock 
support structure on which the two lower legs were mounted also was 
damaged. The cause of breakage of the gust lock housing and damage to 
the support structure has been attributed to fatigue cracking. Fatigue 
cracking of the elevator gust lock housing and the gust lock support 
structure, if not detected and corrected in a timely manner, could 
result in loss of the elevator and the support structure, and 
subsequent possible loss of primary pitch control. -
    Fokker has issued Service Bulletin F28/55-30, Revision 1, dated 
January 4, 1993, which describes procedures for a one-time detailed 
visual inspection to detect cracking of the elevator gust lock housing 
and the gust lock support structure, and repair or replacement of 
cracked parts with new or serviceable parts. The service bulletin 
permits further flight with cracking of the gust lock support 
structure, provided that cracking is within certain limits, until the 
structure is replaced or repaired. However, the service bulletin 
specifies that inspections to detect further cracking should be 
accomplished in the interim. The service bulletin also specifies that, 
if any cracking is found, use of the gust lock system is prohibited 
until the cracked part is replaced. The RLD classified this service 
bulletin as mandatory and issued Dutch airworthiness directive BLA 92-
101/4 (A), dated January 28, 1994, in order to assure the continued 
airworthiness of these airplanes in the Netherlands. -
    These airplane models are manufactured in the Netherlands and are 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the RLD has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the RLD, reviewed all available information, and determined 
that AD action is necessary for products of this type design that are 
certificated for operation in the United States. -
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, the 
proposed AD would require a one-time detailed visual inspection to 
detect cracking of the elevator gust lock housing and the gust lock 
support structure, and repair or replacement of cracked parts with new 
or serviceable parts. For airplanes on which cracking is found, the 
proposed AD also would prohibit use of the gust lock system until 
cracked parts are replaced. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously. -
    Operators should note that, unlike the procedures described in the 
referenced service bulletin, this proposed AD would not permit further 
flight with cracking detected in the gust lock support structure. The 
FAA has determined that, due to the safety implications and 
consequences associated with such cracking, all structure that is found 
to be cracked must be replaced or repaired prior to further flight.
    The FAA estimates that 43 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$5,160, or $120 per airplane. -
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. -
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment. -
    For the reasons discussed above, I certify that this proposed 
regulation (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); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 -

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment -

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

[[Page 14277]]


PART 39--AIRWORTHINESS DIRECTIVES -

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended] -

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

Fokker: Docket 95-NM-170-AD.

    -Applicability: Model F28 series airplanes, excluding Model F28 
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 fatigue cracking of the elevator gust lock housing 
and the gust lock support structure, which could result in loss of 
the elevator and the support structure, and subsequent possible loss 
of primary pitch control, accomplish the following: -
    (a) Within 30 days after the effective date of this AD, perform 
a one-time detailed visual inspection to detect cracking of the 
elevator gust lock housing and the gust lock support structure, in 
accordance with Fokker Service Bulletin F28/55-30, Revision 1, dated 
January 4, 1993. -
    (b) If any cracking is found, prior to further flight, repair or 
replace the cracked elevator gust lock housing or gust lock support 
structure with a new or serviceable part in accordance with Fokker 
Service Bulletin F28/55-30, Revision 1, dated January 4, 1993. Use 
of the elevator gust lock system is prohibited until cracked parts 
are replaced with new or serviceable parts. -
    (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, 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.

    -(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.

    Issued in Renton, Washington, on March 26, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-7853 Filed 3-29-96; 8:45 am]
BILLING CODE 4910-13-P