[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Rules and Regulations]
[Pages 63260-63262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31021]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-29-AD; Amendment 39-10223; AD 97-24-16]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F28 Mark 0070 and 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 0070 and 0100 series 
airplanes, that requires a one-time operational test of a certain pitot 
heating system, repair or replacement of failed elements, and repair or 
replacement of the pitot heating system with a new improved system. 
This amendment also requires installation of new power supply wiring 
with increased gauge thickness, and a circuit breaker with an increased 
amperage rating. This amendment is prompted by the issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent icing of the No. 1 pitot tube, which could result in failure 
of the No. 1 Air Data Computer, or output of erroneous airspeed data to 
all on-side subsidiary systems, including the Automatic Flight Control 
and Augmentation System.

DATES: Effective January 2, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 2, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from 95-NM-29-AD. 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: 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 certain Fokker Model F28 Mark 0070 
and 0100 series airplanes was published as a supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on February 3, 1997 
(62 FR 4944). That action proposed to require a one-time operational 
test of the No. 1 pitot heating system, repair or replacement of failed 
elements, and repair or replacement of the pitot heating system with a 
new improved system. That action also proposed to require installation 
of new power supply wiring with increased gauge thickness, and a 
circuit breaker with an increased amperage rating.
    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.

Requests To Extend the Compliance Time for Replacement of Pitot 
Tube

    Two commenters request that the compliance time, specified in 
paragraph (b)(2) of the proposed AD, for accomplishing the replacement 
of the pitot tube and associated electrical modifications be extended 
from the proposed 18 months to 24 months. The commenters state that 
such an extension will allow the replacement to be accomplished during 
a regularly scheduled heavy maintenance check for all but 7 of its 
affected airplanes, and thereby minimize any additional expenses that 
would be associated with special scheduling.
    The FAA does not concur with the commenters' request. In developing 
an appropriate compliance time for this action, the FAA considered not 
only the degree of urgency associated with addressing the subject 
unsafe condition, but the manufacturer's and foreign airworthiness 
authority's recommendations as to an appropriate compliance time, the 
availability of required parts, and the practical aspect of installing 
the required replacement within an interval of time that parallels the 
normal scheduled maintenance for the majority of affected operators. 
The FAA has determined that the compliance time, as proposed, 
represents the maximum interval of time allowable for the affected 
airplanes to continue to operate prior to accomplishing the required 
replacement without compromising safety. In addition, the commenters 
have not provided any data to substantiate why an extension of the 
compliance time would not compromise safety.
    In consideration of all of these factors, and in consideration of 
the amount of time that has already elapsed since issuance of the 
original NPRM, the FAA has determined that further delay of this 
modification is not appropriate. However, under the provisions of 
paragraph (d) of the final rule, the FAA may approve requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of 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 129 Fokker Model F28 Mark 0100 and 0070 
series airplanes of U.S. registry will be affected by this AD.
    The required operational check will take approximately 1 work hour 
per airplane to accomplish, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact for the operational check 
required by this AD on U.S. operators is estimated to be $7,740, or $60 
per airplane.
    The required replacement of the pitot heating system will take 
approximately 36 work hours per airplane, at an average labor rate of 
$60 per work hour. Required parts will cost approximately $16,000 per 
airplane. Based on these figures, the cost impact of this replacement 
required by this AD on U.S. operators is estimated to be $18,160 per 
airplane.
    For airplanes on which replacement of the pitot heating system has 
been accomplished previously, the required installation of the power 
supply electrical wiring and circuit breaker will take approximately 12 
work hours per airplane, at an average labor rate of $60 per work hour. 
Required parts will cost approximately $350 per airplane. Based on 
these figures, the cost impact is estimated to be $1,070 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

[[Page 63261]]

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:

97-24-16  Fokker: Amendment 39-10223. Docket 95-NM-29-AD.

    Applicability: Model F28 Mark 0070 and 0100 series airplanes, 
certificated in any category, and having the following serial 
numbers:

11244 through 11495, inclusive;
11497 through 11507, inclusive;
11509;
11511 through 11517, inclusive;
11519 through 11523, inclusive;
11527 through 11529, inclusive;
11532;
11536 through 11541, inclusive;
11543;
11545;
11547;
11549;
11551;
11553 through 11565, inclusive;
11567;
11570;
11573; and
11574.

    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 (d) 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 icing of the No. 1 pitot tube, which could result in 
failure of the No. 1 Air Data Computer (ADC #1) or output of 
erroneous airspeed data to all on-side subsidiary systems, including 
the Automatic Flight Control and Augmentation System (AFCAS), 
accomplish the following:
    (a) For airplanes that have type 853JB pitot tubes installed: 
Within 30 days after the effective date of this AD, perform an 
operational test of the No. 1 pitot heating system in accordance 
with Part 1 of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-30-015, Revision 2, dated January 25, 1995.
    (1) If the pitot heating system passes the operational test, 
accomplish the requirements of either paragraph (b)(1) or (b)(2) of 
this AD, as applicable, at the time specified.
    (2) If any pitot tube heating element is found to be 
inoperative, prior to further flight, repair or replace the failed 
element with a serviceable element, in accordance with the Fokker 
100 Aircraft Maintenance Manual (AMM).
    (b) For airplanes on which Fokker Service Bulletin SBF100-30-
017, dated August 23, 1995, has not been accomplished: At the 
applicable time specified in either paragraph (b)(1) or (b)(2) of 
this AD, replace the type 853JB or type 853KK No. 1 pitot tube, with 
a type 853BR pitot tube; and install the inverter, current sensor, 
wiring, and circuit breaker; in accordance with Fokker Service 
Bulletin SBF100-30-019, dated June 20, 1996.
    (1) For airplanes with the flight warning system (FWS) speed 
comparator not activated and with a type 853JB No. 1 pitot tube 
installed: Accomplish the replacement within 9 months after the 
effective date of this AD.
    (2) For airplanes with the FWS speed comparator activated or 
with a type 853KK No. 1 pitot tube installed: Accomplish the 
replacement within 18 months after the effective date of this AD.
    (c) For airplanes on which Fokker Service Bulletin SBF100-30-
017, dated August 23, 1995, has been accomplished, either in service 
or factory-incorporated: Within 18 months after the effective date 
of this AD, replace the No. 1 pitot heating circuit breaker and 
modify the power supply electrical wiring, in accordance with Fokker 
Service Bulletin SBF100-30-020, dated June 20, 1996.
    (d) 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.

    (e) 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.
    (f) The actions shall be done in accordance with Fokker Service 
Bulletin SBF100-30-015, Revision 2, dated January 25, 1995; Fokker 
Service Bulletin SBF100-30-019, dated June 20, 1996; and Fokker 
Service Bulletin SBF100-30-020, dated June 20, 1996. Revision 2 of 
Fokker Service Bulletin SBF100-30-015 contains the following list of 
effective pages:

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               Page No.                     Revision level shown on page              Date shown on page        
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1, 3, 9, 15, 17, 18, 22, 35, 36, 38...  2..................................  January 25, 1995.                  
2, 12, 14, 16, 25, 26, 30-32, 37......  1..................................  September 14, 1994.                
4-8, 10, 11, 13, 19-21, 23, 24, 27-29,  Original...........................  July 7, 1994.                      
 33, 34, 39.                                                                                                    
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[[Page 63262]]

    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 Netherlands 
airworthiness directive BLA 94-114(A), dated August 5, 1994.

    (g) This amendment becomes effective on January 2, 1998.

    Issued in Renton, Washington, on November 19, 1997.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-31021 Filed 11-26-97; 8:45 am]
BILLING CODE 4910-13-U