[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Proposed Rules]
[Pages 60897-60899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26309]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / 
Proposed Rules  

[[Page 60897]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-122-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).

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

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 revising the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures. 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 ensure that fatigue 
cracking of certain structural elements is detected and corrected; such 
fatigue cracking could adversely affect the structural integrity of 
these airplanes.

DATES: Comments must be received by November 13, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-122-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 98-NM-122-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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-122-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-122-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Rijksluchtvaartdienst (RLD), which is the airworthiness 
authority for the Netherlands, has notified the FAA that a new revision 
of Appendix 1 of Fokker 70/100 Maintenance Review Board (MRB) Document 
has been issued. [The FAA refers to the information included in this 
appendix as the Airworthiness Limitations Section (ALS).] This new 
revision of Appendix 1 of the MRB Document affects all Fokker Model 
F.28 Mark 0070 and 0100 series airplanes. This new revision provides 
mandatory replacement times and structural inspection intervals 
approved under section 25.571 of the Joint Aviation Requirements and 
the Federal Aviation Regulations (14 CFR 25.571). As airplanes gain 
service experience, or as results of post-certification testing and 
evaluation are obtained, it may become necessary to add additional life 
limits or structural inspections in order to ensure the continued 
structural integrity of the airplane.
    The RLD advises that analysis of fatigue test data has revealed 
that certain inspections must be performed at specific intervals to 
preclude fatigue cracking in certain areas of the airplane. In 
addition, the RLD advises that certain life limits must be imposed for 
various components on these airplanes to preclude the onset of fatigue 
cracking in those components. Such fatigue cracking, if not corrected, 
could adversely affect the structural integrity of these airplanes.

[[Page 60898]]

Explanation of Relevant Service Information

    Fokker Services B.V. has issued Appendix 1 of Fokker 70/100 
Maintenance Review Board Document, dated June 1, 2000, which specifies, 
among other things, the following:
    1. Life limit times for certain structural components, or other 
components or equipment.
    2. Structural inspection times to detect fatigue cracking of 
certain Structural Significant Items (SSI's).
    The RLD classified this service information as mandatory and issued 
Dutch airworthiness directive BLA No. 1997-065.(A), dated July 31, 
1997, in order to assure the continued airworthiness of these airplanes 
in the Netherlands.

FAA's Conclusions

    The FAA has reviewed Appendix 1 of the MRB Document and 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. Pursuant to this bilateral airworthiness agreement, the 
RLD has kept the FAA informed of the situation described above. 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. The FAA has 
determined that Appendix 1 of the MRB Document must be incorporated 
into the ALS of the Instructions for Continued Airworthiness.

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 a revision to the 
ALS of the Instructions for Continued Airworthiness. This revision is 
necessary to incorporate inspections to detect fatigue cracking of 
certain SSI's, and to revise inspection intervals and life limits for 
certain equipment and components specified in the previously referenced 
maintenance document.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes [section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529), and the 
Appendices referenced in that section], all products certificated to 
comply with that section must have Instructions for Continued 
Airworthiness (or, for some products, maintenance manuals) that include 
an ALS. That section must set forth:
     Mandatory replacement times for structural components,
     Structural inspection intervals, and
     Related approved structural inspection procedures 
necessary to show compliance with the damage-tolerance requirements.
    Compliance with the terms specified in the ALS is required by 
sections 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, the FAA must engage in rulemaking, namely the issuance of 
an AD. For products certificated to comply with the referenced part 25 
requirements, it is within the authority of the FAA to issue an AD 
requiring a revision to the ALS that includes reduced life limits, or 
new or different structural inspection requirements. These revisions 
then are mandatory for operators under section 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403), which prohibits operation of an 
airplane for which airworthiness limitations have been issued unless 
the inspection intervals specified in those limitations have been 
complied with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to AD's that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

Difference Between Dutch Airworthiness Directive and Proposed Rule

    Operators should note that, although the Dutch airworthiness 
directive includes Fokker Model F.27 Mark 50/60 series airplanes in the 
effectivity, this AD includes only Fokker Model F.28 Mark 70/100 series 
airplanes in the applicability. The FAA may consider separate 
rulemaking action to address ALS revisions for Fokker Model F.27 Mark 
050 airplanes. (Fokker Model F.27 Mark 060 airplanes are not included 
in the U.S. Type Certificate.)

Difference Between Dutch Airworthiness Directive and Service 
Information, and the Proposed Rule

    Operators should note that, although the Dutch airworthiness 
directive and service information include certification maintenance 
requirements (CMR's), this AD does not include those requirements. 
Although the manufacturer considers that CMR tasks, which are 
applicable to the equipment and systems, are necessary to maintain the 
certificated standard level of airworthiness, the FAA has determined 
that the necessity for those actions is based on statistical safety 
analyses of various airplane systems prior to issuance of an airplane 
Type Certificate (TC). Therefore, CMR tasks are undertaken for a 
different purpose than are the actions required by this AD and are 
intended to address a different unsafe condition than is addressed in 
this AD. However, if CMR tasks are added or made more restrictive 
following issuance of the TC, the FAA will consider separate rulemaking 
action to require accomplishment of those additional actions.

Cost Impact

    The FAA estimates that 131 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD 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 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

[[Page 60899]]

proposal would not have sufficient federalism implications under 
Executive Order 13132.
    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-122-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 (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 ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Report SE-623, 
``Airworthiness Limitation Items and Safe Life Items,'' of Appendix 
1 of Fokker 70/100 Maintenance Review Board Document, dated June 1, 
2000, into the ALS.
    (b) Except as provided in paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the document 
listed in paragraph (a) of this AD.

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, 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.

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.

    Note 3: The subject of this AD is addressed in Dutch 
airworthiness directive BLA No. 1997-065.(A), dated July 31, 1997.



    Issued in Renton, Washington, on October 6, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-26309 Filed 10-12-00; 8:45 am]
BILLING CODE 4910-13-P