[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9935-9936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4412]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-274-AD; Amendment 39-10361; AD 98-04-50]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and F.28 
Mark 0100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Fokker Model F.28 Mark 0070 and F.28 Mark 0100 series 
airplanes, that requires modification of the wing leading edge torsion 
box. 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 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: Effective April 3, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 3, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Fokker Services B.V., Technical Support Department, P.O. 
Box 75047, 1117 ZN Schiphol Airport, the Netherlands. 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: Norman B. Martenson, Manager, 
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 all Fokker Model F.28 Mark 0070 
and F.28 Mark 0100 series airplanes was published in the Federal 
Register on November 28, 1997 (62 FR 63291). That action proposed to 
require modification of the wing leading edge torsion box.
    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 proposed rule.

Request To Extend Compliance Time

    One commenter requests that the proposed compliance time for 
accomplishment of the modification be extended from 12 months to 18 
months after the effective date of this AD. The commenter states that 
the 18-month compliance time would be in agreement with the industry-
accepted time limit for AD's requiring minor modifications, and would 
allow the work to be accomplished during normally scheduled maintenance 
programs. The FAA infers that the commenter considers that the adoption 
of the proposed compliance time of 12 months would require operators to 
schedule, at additional expense, special times for the accomplishment 
of this modification.
    The FAA does not concur with the commenter's request to extend the 
compliance time. In developing an

[[Page 9936]]

appropriate compliance time for this action, the FAA considered not 
only the degree of urgency associated with addressing the subject 
unsafe condition, but also the manufacturer's and foreign airworthiness 
authority's recommendations regarding an appropriate compliance time, 
and an appropriate interval of time that parallels the normally 
scheduled maintenance for the majority of affected operators.
    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 (b) of the final rule, the FAA may approve requests for 
adjustments to the compliance time if data are submitted that 
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 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required action, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the 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 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 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:

98-04-50  Fokker: Amendment 39-10361. 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 
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 
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.

    (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.
    (d) The actions shall be done in accordance with Fokker Service 
Bulletin SBF100-57-034, dated December 20, 1996. 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 Dutch 
airworthiness directive BLA No. 1996-153(A), dated December 31, 
1996.

    (e) This amendment becomes effective on April 3, 1998.

    Issued in Renton, Washington, on February 13, 1998.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-4412 Filed 2-26-98; 8:45 am]
BILLING CODE 4910-13-P