[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54656-54658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27067]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-122-AD; Amendment 39-12475; AD 2001-21-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Fokker Model F.28 Mark 0070 and 0100 series 
airplanes, that requires 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 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 ensure that 
fatigue cracking of certain structural elements is detected and 
corrected; such fatigue cracking could adversely affect the structural 
integrity of these airplanes. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 4, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 4, 2001.

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 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; fax (425) 227-1149.

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

[[Page 54657]]

F.28 Mark 0070 and 0100 series airplanes was published in the Federal 
Register on October 13, 2000 (65 FR 60897). That action proposed to 
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.

Comments

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

Requests To Revise the Cost Estimate

    On behalf of one of its members, the Air Transport Association 
(ATA) of America states that it considers that the inspections require 
access to multiple areas of the airplane and are scheduled at different 
time intervals. Therefore, the 1-hour time estimate in the proposed AD 
is not valid and needs to be adjusted. The member airline also made 
that same statement.
    The FAA does not concur that the proposed cost estimate should be 
revised. We based our estimate on the fact that the action in paragraph 
(a) of the proposed AD requires only a revision to the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness by incorporating certain instructions into the ALS. This 
action should take no longer than 1 hour to accomplish. Although this 
AD requires only a revision to the ALS, we point out that the 
inspections included in the ALS will then be required by 14 CFR parts 
43 and 91. Because operators must comply with the inspections included 
in the ALS to maintain the airplane properly, it is unnecessary for our 
cost estimate to include the time required for such inspections. Of 
course, operators that have previously incorporated the ALS revision 
into their maintenance programs are given credit for having previously 
accomplished the requirements of this AD, as allowed by the phrase, 
``unless accomplished previously.'' No change to the cost estimate in 
the final rule is necessary in this regard.

Request To Revise the Compliance Time for the Inspections

    The ATA and the same member airline state that the proposed AD must 
include provisions for airplanes that have exceeded the limits 
specified in Report SE-623, ``Airworthiness Limitation Items and Safe 
Life Items,'' of Appendix 1 of the Fokker 70/100 Maintenance Review 
Board Document. The provisions should be such that the tests can be 
accomplished during a normally scheduled out-of-service maintenance.
    The FAA does not concur that a grace period needs to be included in 
the proposed AD for compliance with the Fokker report. Although we 
agree that some airplanes may have exceeded certain inspection 
thresholds in the report, the 30-day compliance time for revising the 
ALS of the Instructions for Continued Airworthiness allows operators 
sufficient time to accomplish the revision to the ALS. However, if 
scheduling conflicts occur and adjustments must be made for airplanes 
that exceed certain thresholds, operators may request an alternative 
method of compliance, as specified in paragraph (c) of this AD. No 
change to the final rule is necessary in this regard.

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.

Cost Impact

    The FAA estimates that 131 Model F.28 Mark 0070 and 0100 series 
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 
actions, 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 $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 requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

2001-21-04  Fokker Services B.V.: Amendment 39-12475. 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:

[[Page 54658]]

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, ``Fokker 70/
100 Airworthiness Limitation Items and Safe Life Items,'' of 
Appendix 1 of Fokker 70/100 Maintenance Review Board Document, both 
dated June 1, 2000.
    (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.

Incorporation by Reference

    (e) The ALS revision shall be done in accordance with Fokker 
Services B.V. Report SE-623, ``Fokker 70/100 Airworthiness 
Limitation Items and Safe Life Items,'' dated June 1, 2000. 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., 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 3: The subject of this AD is addressed in Dutch 
airworthiness directive BLA No. 1997-065 (A), dated July 31, 1997.

Effective Date

    (f) This amendment becomes effective on December 4, 2001.

    Issued in Renton, Washington, on October 22, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-27067 Filed 10-29-01; 8:45 am]
BILLING CODE 4910-13-P