[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39311-39312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18772]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-171-AD; Amendment 39-9700; AD 96-15-10]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F28 Mark 0100 and 0070 
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 and 0070 series 
airplanes, that requires modification of the wheel brake assembly on 
the main landing gear. This amendment is prompted by reports of 
aluminum brake pistons that have ballooned and failed. The actions 
specified by this AD are intended to prevent such failure of the 
pistons, which could result in leakage of the hydraulic fluid, 
resultant loss of braking capability, and a possible brake fire.

DATES: Effective September 3, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 3, 1996.

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: Ruth Harder, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-1721; fax (206) 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 certain Fokker Model F28 Mark 0100 
and 0070 series airplanes was published in the Federal Register on 
April 10, 1996 (61 FR 15908). That action proposed to require 
modification of the wheel brake assembly on the main landing gear 
(MLG).
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter supports the proposal.

Request To Withdraw the Proposal

    The Air Transport Association (ATA) of America, on behalf of its 
member operators, has no technical objection to the proposal, but 
requests that the FAA withdraw the proposal if the entire affected U.S. 
fleet has been modified already. The ATA states that its one member 
operator affected by the proposal will accomplish the modification on 
all of its fleet within a short time. Consequently, the ATA questions 
the need for an AD when the fleet will be in compliance with the AD by 
the time the final rule is adopted.
    The FAA does not concur with the commenter's request to withdraw 
the proposal. Even if the current U.S.-registered fleet may be in 
compliance with the requirements of the AD, the issuance of the rule is 
still necessary to ensure that any affected airplane that is imported 
and placed on the U.S. register in the future will be required to be in 
compliance as well. The manufacturer has advised the FAA that not all 
of the affected airplanes, worldwide, have been modified; therefore, 
the possibility exists that an unmodified airplane could be imported to 
the U.S. at some future time. Issuance of this AD will ensure that the 
airplane is modified prior to the time it is permitted to operate in 
the U.S.

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 122 airplanes of U.S. registry will be 
affected by this AD.
    The replacement of the brake pistons, if accomplished, will take 
approximately 9 work hours per airplane (when accomplished as part of a 
normal brake overhaul), at an average labor rate of $60 per work hour. 
Required parts will be provided by the manufacturer at no cost to 
operators. Based on these figures, the cost impact of this replacement 
action on U.S. operators is estimated to be $540 per airplane.
    The installation of the cylinder sleeve kit, if accomplished, will 
take approximately 9 work hours per airplane (when accomplished as part 
of a normal brake overhaul), at an average labor rate of $60 per work 
hour. Required parts will cost approximately $4,400 per airplane. Based 
on these figures, the cost impact of this installation action on U.S. 
operators is estimated to be $4,940 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. However, the FAA has been advised 
that at least 40 affected airplanes already have been modified in 
accordance with the requirements of this AD; therefore, the future cost 
impact of the AD on U.S. operators is reduced by that amount.

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

[[Page 39312]]

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:

96-15-10  Fokker: Amendment 39-9700. Docket 95-NM-171-AD.

    Applicability: Model F28 Mark 0100 and 0070 series airplanes; 
equipped with Aircraft Braking Systems Corporation (ABSC) brake 
assemblies having part number (P/N) 5008132-2, -3, -4, -5, -6, or -
7, all serial numbers; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 loss of braking capability and possible brake fire 
due to failure of the brake pistons, accomplish the following:
    (a) Within 9 months after the effective date of this AD, or at 
the next scheduled or unscheduled brake overhaul, whichever occurs 
first: Modify ABSC wheel brake assemblies having P/N 5008132-2, -3, 
-4, -5, -6, or -7, all serial numbers, by accomplishing either 
paragraph (a)(1) or (a)(2) of this AD.
    (1) Replace the brake assemblies with modified units having 
stainless steel pistons, in accordance with the Accomplishment 
Instructions of Fokker Service Bulletin SBF100-32-092, dated January 
11, 1995. Or
    (2) Install a cylinder sleeve kit in accordance with Aircraft 
Braking Systems Service Bulletin Fo100-32-63, dated January 13, 
1995.
    (b) As of the effective date of this AD, no person shall install 
an ABSC brake assembly having part number 5008132-2, -3, -4, -5, -6, 
or -7, on any airplane unless it has been modified in accordance 
with Fokker Service Bulletin SBF100-32-092, dated January 11, 1995, 
or Aircraft Braking Systems Service Bulletin Fo100-32-63, dated 
January 13, 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, 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.
    (e) The actions shall be done in accordance with Fokker Service 
Bulletin SBF100-32-092, dated January 11, 1995; and Aircraft Braking 
Systems Service Bulletin Fo100-32-63, dated January 13, 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 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.
    (f) This amendment becomes effective on September 3, 1996.

    Issued in Renton, Washington, on July 18, 1996.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-18772 Filed 7-26-96; 8:45 am]
BILLING CODE 4910-13-U