[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Proposed Rules]
[Pages 12772-12774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6210]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-328-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 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 0100 series airplanes. This proposal would require modification of 
the electrical wiring of the flight warning computer (FWC), and 
installation of upgraded computer software into the FWC. 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 certain nuisance 
alerts generated by the FWC and to ensure annunciation of certain 
flight alerts by the FWC during initial climb. Such nuisance alerts or 
failures to annunciate certain alerts could result in an improper 
response by the flight crew and consequent reduced controllability of 
the airplane.

DATES: Comments must be received by April 14, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-328-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 Services 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: 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:

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 98-NM-328-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-114, Attention: Rules 
Docket No. 98-NM-328-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 0100 series 
airplanes. The RLD advises that in-service experience has indicated 
that certain nuisance flight alerts may be generated by the flight 
warning computer (FWC) during critical flight phases. Investigation 
revealed that the nuisance flight alerts are a result of certain 
conditions established in an earlier version of the computer software 
of the FWC, which allows a flight-phase transitional delay (in some 
cases up to 8 seconds) between the moment all relevant input conditions 
are met and the moment the actual flight-phase switching occurs. Such 
nuisance flight alerts could prompt the flight crew to unnecessarily 
abort takeoffs at high speeds.
    The RLD also advises that annunciation of the REVERSER ENG 1(2) 
alerts is suppressed during initial climb between 400 and 1,000 feet 
off the ground. During this flight phase, there is no warning to the 
flight crew enabling them to distinguish between a perceived 
autothrottle malfunction and an actual thrust reverser deployment.
    These conditions (nuisance alerts and failures to annunciate flight 
alerts), if not corrected, could result in an improper response by the 
flight crew and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Fokker Service Bulletin SBF100-31-047, 
Revision 1, dated March 21, 1997, which describes, among other things, 
procedures for modification of the electrical wiring of the FWC. The 
modification involves removing the FWC and installing additional 
electrical wiring to accommodate the revised configuration of the FWC.
    Fokker also has issued Service Bulletin SBF100-31-051, dated August 
15, 1998, which describes procedures for installation of an upgraded 
computer software version (V11.45) into the FWC. (Fokker Service 
Bulletin SBF100-31-051 refers to AlliedSignal Grimes Aerospace Service 
Bulletin 80-0610-31-0031, dated May 14, 1998, as an additional source 
of service information for installation of the upgraded computer 
software version into the FWC.)
    Accomplishment of the actions specified in the Fokker service 
bulletins described above is intended to

[[Page 12773]]

adequately address the identified unsafe condition. The RLD classified 
these service bulletins as mandatory and issued Dutch airworthiness 
directive BLA 1998-110, dated August 31, 1998, in order to assure the 
continued 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 
the actions specified in the Fokker service bulletins described 
previously, except as discussed below.

Differences Between Proposed AD and Relevant Service Information

    Operators should note that Fokker Service Bulletin SBF100-31-047, 
Revision 1, recommends, in addition to the procedures described 
previously, the installation of computer software version V10.40 into 
the FWC. However, the only procedure of that service bulletin proposed 
by this AD is modification of the electrical wiring of the FWC. In 
developing the appropriate requirements for this proposed AD, the FAA 
has determined that it is not necessary to install computer software 
version V10.40, since the later version V11.45 is available and is 
required to be installed by this proposed AD.

Cost Impact

    The FAA estimates that 129 airplanes of U.S. registry would be 
affected by this proposed AD, and that it would take approximately 6 
work hours per airplane to accomplish the proposed modification, and 
that the average labor rate is $60 per work hour. Required parts would 
cost approximately $93 per airplane. Based on these figures, the cost 
impact of the modification proposed by this AD on U.S. operators is 
estimated to be $58,437, or $453 per airplane.
    It also would take approximately 1 work hour per airplane to 
accomplish the proposed installation, at an average labor rate of $60 
per work hour. Required parts would cost approximately $1,500 per 
airplane. Based on these figures, the cost impact of the installation 
proposed by this AD on U.S. operators is estimated to be $201,240, or 
$1,560 per airplane.
    The cost impact figures discussed above are 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 
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 Services B.V.: Docket 98-NM-328-AD.

    Applicability: All Model F.28 Mark 0070 and 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 (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 certain nuisance alerts generated by the flight 
warning computer (FWC) and to ensure annunciation of certain flight 
alerts by the FWC during initial climb, which could result in an 
improper response by the flight crew and consequent reduced 
controllability of the airplane, accomplish the following:
    (a) Within 18 months after the effective date of this AD, modify 
the electrical wiring of the FWC in accordance with Part 1 or 2, as 
applicable, of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-31-047, Revision 1, dated March 21, 1997.

    Note 2: It is not necessary to install computer software version 
V10.40 into the FWC, since a later version is available and is 
required to be installed by this AD.

    (b) Concurrent with the accomplishment of the requirements of 
paragraph (a) of this AD, install upgraded computer software version 
V11.45 into the FWC in accordance with Fokker Service Bulletin 
SBF100-31-051, dated August 15, 1998.

    Note 3: AlliedSignal Grimes Aerospace has issued Service 
Bulletin 80-0610-31-0031, dated May 14, 1998, as an additional 
source of service information for installation of the upgraded 
computer software version into the FWC.

    (c) As of the effective date of this AD, no person shall install 
on any airplane a flight warning computer, unless it has been 
modified in accordance with this AD.
    (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

[[Page 12774]]

send it to the Manager, International Branch, ANM-116.

    Note 4: 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.

    Note 5: The subject of this AD is addressed in Dutch 
airworthiness directive BLA 1998-110, dated August 31, 1998.

    Issued in Renton, Washington, on March 9, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-6210 Filed 3-12-99; 8:45 am]
BILLING CODE 4910-13-U