[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Proposed Rules]
[Pages 63291-63292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31160]



[[Page 63291]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-274-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and F.28 
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 all Fokker Model F.28 Mark 0070 
and F.28 Mark 0100 series airplanes. This proposal would require 
modification of the wing leading edge torsion box. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified by 
the proposed AD are intended to prevent a possible ignition hazard due 
to accumulation of water and fuel between the front spar and auxiliary 
spar, which could result in increased risk of an in-flight fire.

DATES: Comments must be received by December 29, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-274-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 Service B.V., Technical Support Department, P.O. 
Box 75047, 1117 ZN Schiphol Airport, the Netherlands. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

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:

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 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 97-NM-274-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. 97-NM-274-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Rijksluchtvaartdienst (RLD), which is the airworthiness 
authority for the Netherlands, notified the FAA that an unsafe 
condition may exist on all Fokker Model F.28 Mark 0070 and F.28 Mark 
0100 series airplanes. The RLD advises that it has received a report 
indicating that water and fuel can accumulate in the area between the 
front spar and auxiliary spar (wing leading edge torsion box). Other 
electrical equipment installed in this area can provide an ignition 
source. This condition, if not corrected, could result in increased 
risk of an in-flight fire.

Explanation of Relevant Service Information

    The manufacturer has issued Fokker Service Bulletin SBF100-57-034, 
dated December 20, 1996, which describes procedures for modification of 
the wing leading edge torsion box. The modification involves making a 
drain provision in the torsion box of the wing leading edge. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The RLD 
classified this service bulletin as mandatory and issued Dutch 
airworthiness directive BLA No. 1996-153 (A), dated December 31, 1996, 
in order to assure the airworthiness of these airplanes in the 
Netherlands.

FAA's Conclusions

    These airplane models are manufactured in the Netherlands and are 
type certificated for operation in the United States under the 
provisions of Sec. 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.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 129 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed action, 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 
$30,960, or $240 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.

Regulatory Impact

    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

[[Page 63292]]

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:

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:

Fokker Aircraft B.V.: Docket 97-NM-274-AD.

    Applicability: Model F.28 Mark 0070 and Model F.28 Mark 0100 
series airplanes, 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 (b) 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 a possible ignition hazard due to accumulation of 
water and fuel between the front spar and auxiliary spar, which 
could result in increased risk of an in-flight fire, accomplish the 
following:
    (a) Within 12 months after the effective date of this AD, modify 
the wing leading edge torsion box, in accordance with Fokker Service 
Bulletin SBF100-57-034, dated December 20, 1996.
    (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, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their request 
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.

    (c) 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.

    Note 3: The subject of this AD is addressed in Dutch 
airworthiness directive BLA No. 1996-153 (A), dated December 31, 
1996.

    Issued in Renton, Washington, on November 20, 1997.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-31160 Filed 11-26-97; 8:45 am]
BILLING CODE 4910-13-U