[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Rules and Regulations]
[Pages 51205-51208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24279]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-329-AD; Amendment 39-11330; AD 99-20-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all Fokker Model F.28 Mark 0070 and 0100 series 
airplanes, that currently requires Airplane Flight Manual (AFM) and 
maintenance program revisions, modifications, and repetitive checks 
associated with ensuring the integrity of the thrust reverser system. 
This amendment continues to require the modifications and repetitive 
checks, and adds an AFM revision, repetitive operational tests, and 
other modifications related to the thrust reverser system. The new 
modifications terminate the repetitive operational checks and tests. 
This amendment is prompted by results of a review, which indicated that 
a potential latent failure of the secondary lock actuator switch 1 of 
the thrust reverser system in the open position may occur, in addition 
to the potential failure of the secondary lock relay 1 in the energized 
position. The actions specified by this AD are intended to ensure 
protection against inadvertent deployment of the thrust reversers 
during flight, which could result in reduced controllability of the 
airplane.

DATES: Effective October 27, 1999.
    The incorporation by reference of Fokker Service Bulletin SBF100-
78-014, Revision 2, dated May 1, 1999, including Attachment 1 
(undated); Fokker Component Service Bulletin P41440-78-04, dated August 
15, 1998; and Fokker Component Service Bulletin P41440-78-05, dated 
August 15, 1998; as listed in the regulations; is approved by the 
Director of the Federal Register as of October 27, 1999.
    The incorporation by reference of Fokker Service Bulletin SBF100-
78-012, dated November 22, 1996; Fokker Service Bulletin SBF100-24-034, 
Revision 1, dated September 12, 1996; and Fokker Service Bulletin 
SBF100-78-013, dated November 22, 1996; was approved previously by the 
Director of the Federal Register as of January 21, 1997 (62 FR 604, 
January 6, 1997).

ADDRESSES: The service information referenced in this AD may be 
obtained from Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, 
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) by superseding AD 96-26-03, 
amendment 39-9866 (62 FR 604, January 6, 1997), which is applicable to 
all Fokker Model F.28 Mark 0070 and 0100 series airplanes, was 
published in the Federal Register on May 20, 1999 (64 FR 27480). The 
action proposed to continue to require Airplane Flight Manual (AFM) and 
maintenance program revisions, modifications, and repetitive checks 
associated with ensuring the integrity of the thrust reverser system, 
and to add an AFM revision, repetitive operational tests, and other 
modifications related to the thrust reverser system. The new 
modifications would terminate the repetitive operational checks and 
tests.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Withdraw Proposed AD

    One commenter requests that this proposed AD and another related 
proposed AD (reference Rules Docket No. 98-NM-328-AD) be withdrawn, 
reviewed, coordinated, and reissued as a single proposal, to allow each 
of the requirements to be clearly stated and coordinated. The commenter 
states that this proposed AD adds a new repair requirement and also 
duplicates changes indirectly mandated by the previously issued and 
still active notice of proposed rulemaking (NPRM). The wiring 
modification described in Fokker Service Bulletin SBF100-78-014, as 
required by paragraph (f)(1) of this proposed AD, is necessary prior to 
or concurrent with accomplishment of SBF100-31-051, which is required 
by the other proposed AD. Additionally, paragraph (f)(2) of this 
proposed AD requires accomplishment of Fokker Component Service 
Bulletins (CSB) P41440-78-04 and CSB P41440-78-05, and SBF100-78-014 
specifies that such accomplishment is also necessary. The commenter 
states that the other NPRM (by requiring accomplishment of SBF100-31-
051) therefore includes, by a roundabout means, everything contained in 
this proposed AD.
    The FAA does not concur with the request to withdraw the proposed 
AD. The FAA does not consider that withdrawing both proposals and 
combining the requirement into a single rulemaking action is necessary 
in order to provide a clear statement of these requirements. 
Additionally, the FAA does not consider it appropriate to delay 
issuance of this final rule by such action, which would necessitate 
(under the provisions of the Administrative Procedure Act) reissuing 
the notice, reopening the period for public comment, considering 
additional comments received, and eventually issuing a final rule.
    The FAA also notes that this AD requires various corrective actions 
intended to ensure protection against inadvertent deployment of the 
thrust reversers in flight. However, the requirements of the other 
proposed AD were separately issued to allow specific information to be 
provided regarding the unsafe condition of certain alerts generated by 
the flight warning computer (FWC), and the required modifications of 
the FWC intended to prevent that unsafe condition.
    While the FAA acknowledges the relationship between the 
requirements of the AD's, the FAA does not consider that accomplishment 
of the requirements of these AD's will pose any difficulty for 
operators provided the

[[Page 51206]]

AD's are issued simultaneously, since the compliance times of 18 months 
would be identical. The FAA will ensure that these AD's are issued 
simultaneously. The FAA has also added a NOTE 2 to the final rule to 
provide additional information regarding the related FAA rulemaking 
action specified in Rules Docket No. 98-NM-328-AD.

Request for Extension of Compliance Time

    Two commenters request that additional time be provided for 
accomplishment of the requirements of paragraph (f) of the proposed AD, 
which specifies a compliance time of ``18 months after the effective 
date of this AD''. One commenter requests a minimum of 30 months, and 
states that, due to the work scope of all related modifications 
(discussed previously), the work must be accomplished during heavy ``C-
check'' and modification line visits, which are 10-day visits. Another 
commenter requests a minimum of 24 months, and states that the hours 
required to accomplish the actions are too large to be completed in an 
overnight or drop-in maintenance period, and the out-of-service time 
will be even greater due to the close correlation with related 
modifications required by the other proposed AD.
    The FAA does not concur. After further discussions with the 
Rijksluchtvaartdienst (RLD), which is the airworthiness authority for 
the Netherlands, and the manufacturer, the FAA has determined that such 
extension of the compliance time would not provide an acceptable level 
of safety necessary to address the identified unsafe condition. 
Accomplishment of the modifications specified in the proposed AD, as 
well as the necessary prior modifications to support the final 
modification, was found to be necessary in the wake of thrust reverser 
problems related to a 1996 accident in Brazil.
    In developing the proposed compliance time of 18 months, the FAA 
considered the safety implications, the RLD's and the manufacturer's 
recommendations, and the availability of required parts. The FAA also 
considered the fact that Fokker Service Bulletin SBF100-78-014 was 
originally issued in August 1998. Therefore, U.S. operators have had 
time since then to consider initiating those actions, which this AD 
ultimately mandates. Under the provisions of paragraph (g)(1) of the 
final rule, however, the FAA may consider requests for adjustments to 
the compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Modification of Spare Parts

    Two commenters request that the proposed AD be revised to 
accommodate concurrent installation of aft engine cowlings modified in 
accordance with Fokker Component Service Bulletin P41440-78-04 on 
airplanes modified in accordance with Fokker Service Bulletin SBF100-
78-014. Paragraph (g) of the proposed AD states that ``as of the 
effective date of this AD, no person shall install on any airplane an 
aft engine cowling having part number 1159P41440, unless it has been 
modified in accordance with paragraph (f)(2) of this AD''. One 
commenter notes that, due to there being no interchangeability between 
these modification standards, the compliance time for paragraph (g) 
must coincide with the compliance time for paragraph (f) of the AD.
    The FAA partially concurs. The FAA concurs that aft engine cowlings 
modified in accordance with P41440-78-04 cannot be installed on an 
airplane not modified in accordance with SBF100-78-014. However, 
instead of revising the compliance time for paragraph (g) of the AD, 
the FAA has deleted the requirement regarding installation of an 
unmodified aft engine cowling by removing paragraph (g) from the final 
rule.

Request to Cite Later Revision of Service Bulletin

    Two commenters request that the proposed AD be revised to reference 
Revision 2 of Fokker Service Bulletin SBF100-78-014, dated May 1, 1999, 
including Attachment 1 (undated). [Revision 1 of the service bulletin, 
dated December 15, 1998; as revised by Change Notice 1, dated December 
18, 1998, and Change Notices 2 and 3, both dated January 29, 1999; is 
referenced in the proposed AD as the appropriate source of service 
information for accomplishment of the requirements of paragraph (f)(1) 
of the proposed AD]. One commenter requests compliance in accordance 
with the latest revision released. Another commenter, the manufacturer, 
states that Revision 2 of the service bulletin incorporates all prior 
change notices, corrects typing errors, and revises certain cost 
information and drawings, but does not change the technical content.
    The FAA concurs with these requests. The FAA has determined that 
Revision 2 of the service bulletin is substantially equivalent to 
Revision 1 as revised by the change notices cited previously. 
Therefore, the FAA has revised paragraph (f)(1) of the final rule to 
require its accomplishment in accordance with Revision 2, dated May 1, 
1999. A Note 3 also has been added to the final rule to provide credit 
for operators who may have accomplished required actions in accordance 
with the previously cited service bulletin revision and change notices 
prior to the effective date of this AD.
    Additionally, since Revision 2 of the service bulletin provided an 
increased estimate of labor costs for its accomplishment, the cost 
impact information, below, has been revised to include these additional 
work hours. The FAA also has revised its estimate of the number of 
affected airplanes from 131 in the proposed AD to 126, and the cost 
impact information has been revised accordingly.

Correction of Manufacturer's Address

    One commenter, the manufacturer, informs the FAA that its address 
has changed and requests that the proposed AD be revised to provide the 
correct address for obtaining service information. The FAA has made 
this change in the final rule.

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 changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 126 airplanes of U.S. registry that will be 
affected by this AD.
    The actions that are currently required by AD 96-26-03 take 
approximately 20 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts cost approximately 
$1,200 per airplane. Based on these figures, the cost impact of the 
previously required actions on U.S. operators is estimated to be 
$302,400, or $2,400 per airplane.
    The new AFM revision that is required in this AD action will take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the AFM revision required by this AD on U.S. operators is 
estimated to be $7,560, or $60 per airplane.
    The new operational tests that are required in this AD action will 
take

[[Page 51207]]

approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the operational tests required by this AD on U.S. operators 
is estimated to be $7,560, or $60 per airplane, per test cycle.
    The new modifications that are required in this AD action will take 
approximately 57 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$7,737 per airplane. Based on these figures, the cost impact of the 
modifications required by this AD on U.S. operators is estimated to be 
$1,405,782, or $11,157 per airplane.
    The cost impact figures discussed above are 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 removing amendment 39-9866 (62 FR 
604, January 6, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-11330, to read as follows:
99-20-02  Fokker Services B.V.: Amendment 39-11330. Docket 98-NM-
329-AD. Supersedes AD 96-26-03, Amendment 39-9866.

    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 (g)(1) 
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 ensure protection against inadvertent deployment of the 
thrust reversers during flight, which could result in reduced 
controllability of the airplane, accomplish the following:

Restatement of Certain Requirements of AD 96-26-03, Amendment 39-9866

    (a) Within 60 days after January 21, 1997 (the effective date of 
AD 96-26-03, amendment 39-9866), modify the wiring of the electrical 
control, and indication and warning systems of the thrust reversers, 
in accordance with Fokker Service Bulletin SBF100-78-012, dated 
November 22, 1996.
    (b) For Model F.28 Mark 0070 series airplanes: Prior to or in 
conjunction with the accomplishment of paragraph (a) of this AD, 
modify the wiring of the priority switching of the emergency 
inverter power supply in accordance with Fokker Service Bulletin 
SBF100-24-034, Revision 1, dated September 12, 1996.
    (c) Within 500 flight cycles following accomplishment of 
paragraph (a) of this AD, perform operational checks to detect 
failures of the secondary lock actuator, primary lock switch, 
indication and warning system, and feedback cable mechanism of the 
thrust reversers in accordance with Fokker Service Bulletin SBF100-
78-013, dated November 22, 1996. If any failure is detected, prior 
to further flight, repair the thrust reverser system in accordance 
with Chapter 78-30-00 of the Fokker Airplane Maintenance Manual. 
Repeat the operational checks thereafter at intervals not to exceed 
500 flight cycles.

New Requirements of This AD

Airplane Flight Manual (AFM) Revision

    (d) Within 3 months after the effective date of this AD, revise 
the Abnormal
    Procedures Section, Sub-section Engine, of the FAA-approved AFM 
to include the following information. This may be accomplished by 
inserting a copy of this AD in the AFM.

``REVERSER UNLOCKED PROCEDURE

ON GROUND (except during engine start)

REVERSER SYSTEM...........................  MAINTENANCE ACTION REQUIRED
 

    Note: If alert occurs during engine start, recycle affected 
reverser after engine start.

IN FLIGHT

    Note: If thrust lever is not blocked at idle and no pronounced 
buffet is present, normal operation of the aircraft may be 
continued, although alert may persist. After landing, maintenance 
action is required.

ATS.......................................  (Check) Disconnect
Affected Thrust Lever.....................  (Check) Idle
Speed.....................................  Max 200 kts
Affected Fuel Lever.......................  Shut
Single Engine Procedure...................  Apply
 

    Note: Descent below 1,000 feet AGL requires that the landing be 
completed.''

Repetitive Tests

    (e) Perform an operational test of the pilot valve and piston 
seal for leakage of the selector valve of the thrust reversers, in 
accordance with Fokker 70/100 Airplane Maintenance Manual 78-32-01, 
dated June 1, 1998, at the latest of the times specified in 
paragraphs (e)(1), (e)(2), and (e)(3) of this AD. If any discrepancy 
is detected, prior to further flight, repair in accordance with a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the RLD (or its 
delegated agent). Repeat the operational test thereafter at 
intervals not to exceed 12,000 flight hours.
    (1) For airplanes on which Fokker Service Bulletin SBF100-78-
004, Revision 1, dated November 22, 1996, has been accomplished 
prior to the effective date of this AD: Within 12,000 flight hours 
after accomplishment of Fokker Service Bulletin SBF100-78-004, 
Revision 1, dated November 22, 1996.
    (2) Within 6,000 flight hours after accomplishment of Fokker 
Service Bulletin SBF100-78-012, dated November 22, 1996.
    (3) Within 500 flight hours after the effective date of this AD.

Terminating Modifications

    (f) Within 18 months after the effective date of this AD, 
concurrently accomplish the requirements of paragraphs (f)(1) and 
(f)(2) of this AD. Accomplishment of these modifications constitutes 
terminating action for the repetitive operational checks and 
operational tests required by paragraphs (c) and (e) of this AD.

[[Page 51208]]

    (1) Modify the thrust reverser electrical control system and 
thrust reverser indication and warning system, in accordance with 
Fokker Service Bulletin SBF100-78-014, Revision 2, dated May 1, 
1999, including Attachment 1 (undated).
    (2) Modify the aft engine cowlings in accordance with Fokker 
Component Service Bulletins P41440-78-04 and P41440-78-05, both 
dated August 15, 1998.

    Note 2: Operators should note that related FAA Rules Docket No. 
98-NM-328-AD requires accomplishment of Fokker Service Bulletin 
SBF100-31-051. That service bulletin specifies prior or concurrent 
accomplishment of SBF100-78-014 which specifies concurrent 
accomplishment of Fokker Component Service Bulletin (CSB) P41440-78-
04, and prior or concurrent accomplishment of Fokker Service 
Bulletin SBF-100-78-012 and Fokker CSB P41440-78-05].
    Note 3: Accomplishment of the actions required by paragraph 
(f)(1) of this AD prior to the effective date of this AD in 
accordance with Fokker Service Bulletin SBF100-78-014, Revision 1, 
dated December 15, 1998; as revised by Change Notice 1, dated 
December 18, 1998, and Change Notices 2 and 3, both dated January 
29, 1999; is acceptable for compliance with the actions required by 
that paragraph.

Alternative Methods of Compliance

    (g)(1) 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.
    (g)(2) Alternative methods of compliance, approved previously in 
accordance with AD 96-26-03, amendment 39-9866 for accomplishment of 
paragraph (c) of that AD, are approved as alternative methods of 
compliance with paragraph (a) of this AD.

    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.

Special Flight Permits

    (h) 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.

Incorporation by Reference

    (i) Except as provided by paragraphs (c), (d), and (e), the 
actions shall be done in accordance with Fokker Service Bulletin 
SBF100-78-012, dated November 22, 1996; Fokker Service Bulletin 
SBF100-24-034, Revision 1, dated September 12, 1996; Fokker Service 
Bulletin SBF100-78-013, dated November 22, 1996; Fokker Service 
Bulletin SBF100-78-014, Revision 2, dated May 1, 1999, including 
Attachment 1 (undated); Fokker Component Service Bulletin P41440-78-
04, dated August 15, 1998; and Fokker Component Service Bulletin 
P41440-78-05, dated August 15, 1998; as applicable.
    (i)(1) The incorporation by reference of Fokker Service Bulletin 
SBF100-78-014, Revision 2, dated May 1, 1999, including Attachment 1 
(undated); Fokker Component Service Bulletin P41440-78-04, dated 
August 15, 1998; and Fokker Component Service Bulletin P41440-78-05, 
dated August 15, 1998; is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Fokker Service Bulletin SBF100-78-014, Revision 2, dated May 1, 
1999, including Attachment 1 (undated), contains the following list 
of effective pages:

------------------------------------------------------------------------
                                       Revision
            Page number              level shown    Date shown on page
                                       on page
------------------------------------------------------------------------
1-62...............................            2  May 1, 1999.
------------------------------------------------------------------------
                              ATTACHMENT 1
------------------------------------------------------------------------
1-53...............................  ...........  Not Dated.
------------------------------------------------------------------------

    (i)(2) The incorporation by reference of Fokker Service Bulletin 
SBF100-78-012, dated November 22, 1996; Fokker Service Bulletin 
SBF100-24-034, Revision 1, dated September 12, 1996; and Fokker 
Service Bulletin SBF100-78-013, dated November 22, 1996; was 
approved previously by the Director of the Federal Register as of 
January 21, 1997 (62 FR 604, January 6, 1997).
    (i)(3) Copies may be obtained from Fokker Services B.V., P.O. 
Box 231, 2150 AE Nieuw-Vennep, 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 5: The subject of this AD is addressed in Dutch 
airworthiness directive BLA 1996-140/2, dated August 31, 1998.

    (j) This amendment becomes effective on October 27, 1999.

    Issued in Renton, Washington, on September 13, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-24279 Filed 9-21-99; 8:45 am]
BILLING CODE 4910-13-U