[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Proposed Rules]
[Pages 60745-60748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29178]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-224-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F28 Mark 0070, 0100, 1000, 
2000, 3000, and 4000 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Fokker Model F28 Mark 
0070, 0100, 1000, 2000, 3000, and 4000 series airplanes, that currently 
requires a revision to the Airplane Flight Manual (AFM) that prohibits 
takeoff in certain icing conditions unless either a tactile inspection 
is performed or specific takeoff procedures are followed. That action 
was prompted by reports of several accidents in which Fokker Model F28 
series airplanes lost aerodynamic lift when attempting takeoff with ice 
contamination on their wings. This action would add a requirement, for 
certain airplanes, for modification of the wing leading edge ice 
protection system to include on-ground wing ice protection, and a new 
revision to the AFM. This proposal is prompted by the development of a 
modification which introduces a wing anti-icing system that will 
operate on the ground as well as in flight. The actions specified by 
the proposed AD are intended to prevent degradation of aerodynamic lift 
during takeoff when icing conditions exist, which could result in 
reduced controllability of the airplane.

DATES: Comments must be received by December 8, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-224-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this

[[Page 60746]]

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., P.O. Box 231, 2150 AE Nieuw-Vennep, 
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-224-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-224-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On November 30, 1994, the FAA issued AD 94-25-03, amendment 39-9087 
(59 FR 62563, December 6, 1994), applicable to all Fokker Model F28 
series airplanes, to require a revision to the Airplane Flight Manual 
(AFM) that prohibits takeoff in certain icing conditions unless either 
a tactile inspection is performed or specific takeoff procedures are 
followed. That action was prompted by reports of several accidents in 
which Fokker Model F28 series airplanes lost aerodynamic lift when 
attempting takeoff with ice contamination on their wings. The 
requirements of that AD are intended to prevent degradation of 
aerodynamic lift during takeoff when icing conditions exist.

Actions Since Issuance of Previous Rule

    In the preamble to AD 94-25-03, the FAA indicated that the actions 
required by that AD were considered ``interim action'' until final 
action is identified, at which time the FAA may consider further 
rulemaking. The FAA now has determined that further rulemaking action 
is indeed necessary, and this proposed AD follows that determination.

Explanation of Relevant Service Information

    Fokker has issued Service Bulletins SBF100-30-018, dated April 1, 
1997 (for Fokker Model F28 Mark 070, 0100 series airplanes), and F28/
30-031, Revision 1, dated May 4, 1998 (for Fokker Model F28 Mark 1000, 
2000, 3000, 4000 series airplanes). These service bulletins describe 
procedures for modifying the wing leading edge ice-protection system to 
include on-ground wing leading edge ice protection. The modification 
involves installation of a temperature sensor in the wing leading edge, 
installation of a temperature control unit, modification of the 
aircraft wiring, and performance of an after-installation test of the 
system. Additionally, Fokker has issued Manual Change Notification 
(MCNO) F100-003 (for Fokker Model F28 Mark 070, 0100 series airplanes) 
and MCNO F28-003 (for Fokker Model F28 Mark 1000, 2000, 3000, 4000 
series airplanes). These MCNO's specify changes to the AFM following 
modification of the wing leading edge heating system. Accomplishment of 
the actions specified in the service bulletins and MCNO's is intended 
to adequately address the identified unsafe condition.

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 section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the Rijksluchtvaartdienst 
(RLD), which is the airworthiness authority for the Netherlands, 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 supersede AD 94-25-03 to 
continue to require a revision to the AFM that prohibits takeoff in 
certain icing conditions unless either a tactile inspection is 
performed or specific takeoff procedures are followed. This proposed AD 
would add a requirement, for certain airplanes, for modification of the 
wing leading edge ice-protection system to include on-ground wing 
leading edge ice-protection and a new revision to the AFM. The actions 
would be required to be accomplished in accordance with the service 
bulletins and MCNO's described previously.

Difference Between Proposed Rule and Related Service Information

    This proposed rule would differ from the service bulletins and 
MCNO's. The RLD has determined that the modification of the wing 
leading edge ice protection system should be optional, instead 
incorporating the changes related to this modification into the AFM. 
The FAA has determined that modification of the wing leading edge ice 
protection system should be mandated, and that the appropriate AFM 
changes should be required after incorporation of the wing leading edge 
ice protection system.
    The FAA has determined that long-term continued operational safety 
will be better assured by design changes to remove the source of the 
problem, rather than by AFM flight crew procedure requirements. AFM 
crew procedures may not be providing the degree of safety assurance 
necessary for the transport airplane fleet. This, coupled with a better 
understanding of the human factors associated with total reliance on 
timely crew actions, has led the FAA to consider placing less emphasis 
on flight crew procedures and more emphasis on design improvements. The 
proposed

[[Page 60747]]

modification requirement is consistent with these conditions.

Cost Impact

    There are approximately 191 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The currently required AFM revisions proposed by this AD 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 currently required AFM revisions proposed by this AD on 
U.S. operators is estimated to be $60 per airplane.
    The modification that is proposed in this AD action for certain 
airplanes would take approximately 274 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts would cost approximately $26,585 per airplane. Based on these 
figures, the cost impact of the modification proposed by this AD on 
U.S. operators is estimated to be $43,025 per airplane.
    The new AFM revisions proposed by this AD 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 new AFM 
revisions proposed by this AD on U.S. operators is estimated to be $60 
per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-9087 (59 FR 
62563, December 6, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Fokker Services B.V.: Docket 98-NM-224-AD. Supersedes AD 94-25-03, 
Amendment 39-9087.

    Applicability: All Model F28 Mark 0070, 0100, 1000, 2000, 3000, 
and 4000 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 degradation of aerodynamic lift during takeoff when 
icing conditions exist, which could result in reduced 
controllability of the airplane, accomplish the following:

Restatement of Requirements of AD 94-25-03, Amendment 39-9087

    (a) Within 10 days after December 21, 1994 (the effective date 
of AD 94-25-03, amendment 39-9087), incorporate the following into 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM). This may be accomplished by inserting a copy of this AD in 
the AFM. This action is required until the requirements of paragraph 
(c) are accomplished.

``Wing De-Icing/Anti-Icing Prior To Takeoff

CAUTION

The Model F28 series airplane has a wing design with no leading edge 
high lift devices, such as slats. Wings without leading edge high 
lift devices are particularly susceptible to loss of lift due to 
wing icing. Minute amounts of ice or other contamination (equivalent 
to medium grit sandpaper) on the leading edges or upper wing 
surfaces can cause significant reduction in the stall angle-of-
attack. This can increase stall speed up to 30 knots. The increased 
stall speed can be well above the stall warning (stick shaker) 
activation speed.

    Takeoff shall not be attempted unless the pilot-in-command has 
ensured that the aircraft surfaces are free of ice, frost, and snow 
accumulation, as required by sections 91.527 and 121.629 of the 
Federal Aviation Regulations (FAR).
    In addition, takeoff shall not be attempted when the Outside Air 
Temperature (OAT) is below 6 degrees C (Centigrade) [42 degrees F 
(Fahrenheit)]; and either the difference between the dew point 
temperature and OAT is less than 3 degrees C (5 degrees F), or 
visible moisture (rain, drizzle, sleet, snow, fog, etc.) is present, 
unless the operator complies with either OPTION 1 or OPTION 2, 
below:

OPTION 1

    The leading edge and upper wing surfaces have been physically 
checked for ice/frost/snow and the flight crew verifies that a 
visual check and a physical (hands-on) check of the leading edge and 
upper wing surfaces has been accomplished and that the wing is clear 
of ice/frost/snow accumulation.

    OR

OPTION 2

    The following takeoff procedure is used:

WARNING:

The following technique cannot be used unless the pilot-in-command 
has ensured that the aircraft surfaces are free of ice, frost, and 
snow, as required by sections 91.527 and 121.629 of the FAR.

     (All Marks, except Mark 0100 and Mark 0070) When using 
flight director for takeoff, select HDG mode and 10 degrees pitch 
attitude.
     Select the largest flap setting that is permissible for 
the takeoff weight/altitude/temperature conditions.
     (All Marks, except Mark 0100 and Mark 0070) Use rated 
takeoff thrust.
     (Mark 0100 and Mark 0070) Use takeoff/go-around (TOGA) 
thrust.
     Do not use FLEXIBLE thrust.
     At VR rotate slowly (less than 3 degrees per 
second) to 10 degrees pitch attitude.
     When positively climbing, select gear UP.
     DO NOT EXCEED 10 DEGREES PITCH UNTIL AIRSPEED IS ABOVE 
V2 + 20 KTS.
     When above V2 + 20 KTS, slowly increase the 
pitch attitude, keeping the speed above V2 + 20 KTS.
     Retract the flaps at or above VFR + 20 KTS.

[[Page 60748]]

NOTES TO OPTION 2:

    1. The available field length must be greater than or equal to 
120 percent of the takeoff distance required by regulation for the 
actual gross weight. Also, the 20 percent increase in takeoff 
distance must be accounted for in the obstacle clearance analysis. 
WEIGHT MUST BE OFF-LOADED, IF NECESSARY, TO MEET THESE CONDITIONS.
    2. (Mark 0100 and Mark 0070) Do not follow the Flight Director 
pitch command during rotation for takeoff and initial climb, as this 
will result in exceeding the recommended maximum pitch angle of 10 
degrees before reaching the speed of V2 + 20 KTS.
    3. (Mark 0100 and Mark 0070) Do not engage the auto-pilot until 
leaving the Automated Flight Control and Augmentation System (AFCAS) 
takeoff (TO) mode.
    4. For the case of an engine failure, refer to the applicable 
procedure in Section 4.17.01 SINGLE ENGINE OPERATION of the F28 Mark 
0100 (Fokker 100) and F28 Mark 0070 (Fokker 70) AFM, or Section 
1.7.4 OPERATION UNDER ABNORMAL CONDITIONS of the F28 FHB, as 
applicable.
    5. During takeoff, the first indication of wing contamination 
will probably be airframe buffet when the pitch angle is increased 
above 10 degrees, followed by wing drop and insufficient climb rate. 
DO NOT EXCEED 10 DEGREES PITCH UNTIL AIRSPEED IS ABOVE V2 
+ 20 KTS.''

    Note 2: If an operator elects to implement in its fleet only one 
of the two OPTIONS specified in this paragraph, the other OPTION 
does not have to be included in the Limitations Section of the AFM. 
However, the OPTION that is implemented must be incorporated in the 
AFM verbatim as it appears in this paragraph.

New Requirements of This AD

    (b) For Model F28 Mark 0070, 0100 series airplanes identified in 
Fokker Service Bulletin SBF100-30-018, Appendix 1, dated April 1, 
1997; and Model F28 Mark 1000, 2000, 3000, and 4000 series airplanes 
identified in Fokker Service Bulletin F28/30-031, Appendix 1, 
Revision 1, dated May 4, 1998: Accomplish the requirements of 
paragraphs (b)(1) and (b)(2) of this AD.
    (1) Within 18 months after the effective date of this AD, modify 
the wing anti-ice system for operation on the ground in accordance 
with the applicable service bulletin.
    (2) Prior to further flight after accomplishing the modification 
required by paragraph (b)(1) of this AD, remove the AFM revisions 
required by paragraph (a) of this AD, and incorporate the flight 
manual changes described in Fokker Manual Change Notification (MCNO) 
F100-003, dated September 19, 1997 (for Fokker Model F28 Mark 070, 
0100 series airplanes), and Fokker MCNO F28-003, dated September 5, 
1997 (for Fokker Model F28 Mark 1000, 2000, 3000, 4000 series 
airplanes); as applicable.

    Note 3: Incorporation of the leading edge thermal anti-ice 
modification and associated operating instructions does not relieve 
the requirement that aircraft surfaces are free of ice, frost, and 
snow accumulation as required by sections 91.527 and 121.629 of the 
Federal Aviation Regulations (14 CFR 91.527 and 121.629).

Alternative Methods of Compliance

    (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. 
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 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

    (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.

    Issued in Renton, Washington, on November 2, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-29178 Filed 11-5-99; 8:45 am]
BILLING CODE 4910-13-U