[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43612-43613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21653]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-248-AD; Amendment 39-10709; AD 98-17-07]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F28 Mark 0070 and Mark 
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 all Fokker Model F28 Mark 0070 and Mark 0100 series 
airplanes, that requires inspection of the wing leading edge sections 
for the correct amount of bleed air exhaust holes, and corrective 
actions, if necessary. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent malfunction of the wing leading edge thermal anti-ice 
system, which could result in reduced controllability of the airplane 
and/or reduced structural integrity of the wing due to overheating.

DATES: Effective September 18, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 18, 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 F28 Mark 0070 and 
Mark 0100 series airplanes was published in the Federal Register on 
December 9, 1997 (62 FR 64775). That action proposed to require 
inspection of the wing leading edge sections for the correct amount of 
bleed air exhaust holes, and corrective actions, if necessary.

Comments

    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.

Request To Revise Compliance Time for Follow-On Actions

    One commenter supports the requirement for conducting the initial 
inspection within 60 days, as specified in the proposed AD, but 
strongly opposes the requirement to further inspect and accomplish 
leading edge repairs prior to further flight. The commenter notes that 
Fokker Service Bulletin SBF100-57-032, dated August 21, 1995, was 
issued over two years ago, and provides a recommended compliance time 
for accomplishment of these follow-on actions. The commenter states 
that, since the time to detect the discrepancy is extended an 
additional 60 days by the proposed AD, it is very improbable that any 
degradation that may be found will warrant permanent repair prior to 
further flight. The commenter suggests that, based on the severity of 
the damage that could be expected, a time scale should be developed 
correlating the time allowed to accomplish the additional inspections 
and repair work with the number of holes found missing. The commenter 
requests that the proposed AD be revised to allow 1,200 flight hours, 
as a minimum, for accomplishment of the follow-on actions; such a 
revision would enable the work to be accomplished during a scheduled 
maintenance period.
    The FAA does not concur with the commenter's request. The FAA has 
determined that, should any missing holes or heat damage be detected 
during the initial inspection required by this AD, an unsafe condition 
exists that necessitates repairs prior to further flight in order to 
adequately address that condition. As a matter of law, in order to be 
airworthy, an airplane must conform to its type design and be in a 
condition for safe operation. Apart from the requirements of this AD, 
if such missing holes or heat damage of the wing leading edge were 
found on an airplane at any time, the airplane would be rendered 
unairworthy and, as such,

[[Page 43613]]

would require repair prior to further flight.
    Further, the commenter has not provided any data to substantiate 
why continued flight should be allowed with missing bleed air holes in 
the wing leading edge section, or with heat damage to this area. 
However, under the provisions of paragraph (c) of the final rule, an 
operator may request an adjustment to the compliance time, if 
sufficient data are submitted to justify why such an extension would 
not compromise 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 131 Fokker Model F28 Mark 0070 and 0100 
series airplanes of U.S. registry will be affected by this AD, that it 
will take approximately 1 work hour per airplane to accomplish the 
required inspection, and that the average labor rate is $60 per work 
hour. Based on these figures, the cost impact of the required 
inspection on U.S. operators is estimated to be $7,860, or $60 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:

98-17-07  Fokker: Amendment 39-10709. Docket 97-NM-248-AD.

    Applicability: All Model F28 Mark 0070 and 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 malfunction of the wing leading edge thermal anti-ice 
system, which could result in reduced controllability of the 
airplane and/or reduced structural integrity of the wing due to 
overheating, accomplish the following:
    (a) Within 60 days after the effective date of this AD, inspect 
all wing leading edge sections for the presence of the correct 
number of bleed air exhaust holes, in accordance with Part 1 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-57-
032, dated August 21, 1995. If any missing holes are detected, prior 
to further flight, accomplish paragraphs (a)(1) and (a)(2) of this 
AD, in accordance with Part 2 of the Accomplishment Instructions of 
the service bulletin:
    (1) Rework the affected wing leading edge section(s) to add the 
correct number of holes, and
    (2) Perform a visual inspection of the auxiliary spar or front 
spar, as applicable, to detect heat damage. If any heat damage is 
detected, prior to further flight, repair the affected structure in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate.
    (b) As of the effective date of this AD, no person shall install 
on any airplane a wing leading edge section, unless it has been 
inspected for the presence of the correct number of bleed air 
exhaust holes, and reworked, if necessary, to add the correct number 
of holes, in accordance with Fokker Component Service Bulletin 
D14000-57-004, dated August 21, 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, 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.
    (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 SBF100-57-032, dated August 21, 1995; and Fokker Component 
Service Bulletin D14000-57-004, dated August 21, 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 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. 1995-087 (A), dated August 31, 1995.

    (f) This amendment becomes effective on September 18, 1998.

    Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21653 Filed 8-13-98; 8:45 am]
BILLING CODE 4910-13-U