[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43610-43612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21654]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-287-AD; Amendment 39-10710; AD 98-17-08]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 1000, 2000, 
3000, and 4000 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 F.28 Mark 1000, 2000, 3000, and 4000 
series airplanes, that requires repetitive inspections to detect any 
discrepancy in the sealwire of the fireguards of the engine fire shut-
off system, and repair, 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 inadvertent closure of the fire shut-off valves due 
to ineffective or absent sealwires, which could result in in-flight 
engine shutdown.

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.


[[Page 43611]]


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 1000, 
2000, 3000, and 4000 series airplanes was published in the Federal 
Register on December 1, 1997 (62 FR 63473). That action proposed to 
require repetitive inspections to detect any discrepancy in the 
sealwire of the fireguards of the engine fire shut-off system, and 
repair, if necessary.
    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 for Clarification of Required Actions

    One commenter requests clarification as to whether the intent of 
the proposed AD is to require a check of the switch rigging even if the 
sealwire is found to be in place, or whether verification of the 
existence of the sealwire is sufficient for compliance with the AD. The 
commenter suggests that if only the latter action is required, the 
proposed AD could be clarified in this regard by specifying 
accomplishment of the inspection in paragraph (a) of the AD in 
accordance with Part I only of Fokker Service Bulletin F28/76-20, dated 
January 1, 1979. The FAA concurs with the commenter's request to 
clarify the actions required by the AD. The intent of the AD is to 
require the inspections in accordance with Part I only of the 
referenced service bulletin. Paragraph (a) of the final rule has been 
revised accordingly.

Request for Revision of Compliance Intervals

    One commenter states that accomplishment of the inspections at 
compliance intervals of 3,000 flight hours is not effective, since 
3,000 flight hours for this operator is approximately 18 months. The 
commenter suggests that selection of an appropriate inspection interval 
should be left to each operator, to be justified with its Principal 
Maintenance Inspector in accordance with its maintenance program. The 
commenter further suggests that the proposed AD could instead require 
the inspection to be performed at a regularly scheduled maintenance 
interval, such as an ``A'' check.
    The FAA does not concur. The FAA normally selects compliance times 
to coincide with operators' normal maintenance schedules, whenever the 
unsafe condition is not so urgent that a shorter compliance time is 
necessary. However, the FAA does not consider it appropriate to base 
compliance times on indefinite or nonspecific intervals such as ``at 
the next A check.'' Since maintenance schedules vary from operator to 
operator, there can be no assurance that the action would be 
accomplished within the timeframe for safe operation of the aircraft.
    In developing an appropriate compliance interval for the 
inspections required by this AD, the FAA considered the safety 
implications and operators' normal maintenance schedules for 
accomplishment of the repetitive inspections of the fireguard sealwire. 
In consideration of these factors, the FAA finds that the compliance 
time, as proposed, represents an appropriate and definitive interval in 
which the required inspections can be accomplished within the fleet and 
still maintain an adequate 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 with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 49 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 AD on U.S. operators is estimated to be $2,940, or $60 
per airplane, per inspection cycle.
    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:

98-17-08  Fokker Aircraft B.V.: Amendment 39-10710. Docket 97-NM-
287-AD.

    Applicability: Model F.28 Mark 1000, F.28 Mark 2000, F.28 Mark 
3000, and F.28 Mark 4000 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.

[[Page 43612]]

    To prevent inadvertent closure of the fire shut-off valves due 
to ineffective or absent sealwires, which could result in in-flight 
engine shutdown, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
an inspection of the engine fire shut-off system to detect any 
discrepancy in the sealwire of the fireguards, in accordance with 
Part I of the Accomplishment Instructions of Fokker Service Bulletin 
F28/76-20, dated January 1, 1979. If any discrepancy is detected, 
prior to further flight, repair it in accordance with the service 
bulletin. Thereafter, repeat the inspection at intervals not to 
exceed 3,000 flight hours.
    (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.
    (d) The actions shall be done in accordance with Fokker Service 
Bulletin F28/76-20, dated January 1, 1979. 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. 1979-007/2 (A), dated February 28, 
1997.

    (e) 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. 98-21654 Filed 8-13-98; 8:45 am]
BILLING CODE 4910-13-U