[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Rules and Regulations]
[Pages 16011-16013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-94-AD; Amendment 39-12697; AD 2002-07-03]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Fokker Model F.28 series airplanes. This action 
requires revising the Airplane Flight Manual to prohibit operation of 
the auxiliary power unit (APU) during deicing. This action is necessary 
to prevent ingestion of deicing fluid into the APU, which could cause 
uncontained failure of the turbine wheel of the APU, and result in 
failed and uncontained parts penetrating the aft cabin pressure 
bulkhead, and consequent possible injury to the cabin crew or 
passengers. This action is intended to address the identified unsafe 
condition.

DATES: Effective April 19, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before May 6, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-94-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. 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. 2002-NM-94-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 information concerning this amendment may be obtained from or 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056.

FOR FURTHER INFORMATION CONTACT: Tom Rodriquez, 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: The FAA has received reports indicating that 
uncontained failure of the auxiliary power unit (APU) has occurred on 
three Fokker Model F.28 Mark 0100 series airplanes. In all cases, the 
overspeed of the APU caused uncontained failure of the turbine wheel of 
the APU with consequent penetration of the aft pressure bulkhead. 
Investigation revealed that deicing fluid was ingested into the APU 
inlet. The deicing fluid acted as an additional fuel source, which 
resulted in runaway acceleration, leading to failure of the turbine 
wheel. The deicing fluid entered into the APU through the intake air 
inlet on the upper fuselage surface. This intake air inlet is open only 
during operation of the APU. Subsequent to the first two occurrences of 
APU overspeed and turbine wheel failure, operators took actions to 
abate the occurrences of deicing fluid getting into the APU inlet 
through additional warnings to flight crews and the personnel 
performing the deicing. With the most recent event, the FAA has 
determined that those actions have not been totally effective and 
additional actions are warranted. Ingestion of deicing fluid into the 
APU could cause uncontained failure of the turbine wheel of the APU due 
to overspeed, and result in failed and uncontained parts penetrating 
the aft cabin pressure bulkhead, and consequent possible injury to the 
cabin crew or passengers.

[[Page 16012]]

Similar Design of the Intake Air Inlet

    The APU intake air inlet operation and location on Fokker Model 
F.28 Mark 0100 series airplanes is the same on Fokker Model F.28 Mark 
0070, 1000, 2000, 3000, and 4000 series airplanes; therefore, all these 
models may be subject to this same unsafe condition.

U.S. Type Certification of the Airplane

    These series airplanes 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.

Explanation of Requirements of 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, this AD is being issued to prevent ingestion of 
deicing fluid into the APU, which could cause uncontained failure of 
the turbine wheel of the APU and result in failed and uncontained parts 
penetrating the aft cabin pressure bulkhead, and consequent possible 
injury to the cabin crew or passengers. This AD requires revision of 
the Limitations Section of the Airplane Flight Manual to prohibit 
operation of the APU during deicing.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.
    Both major airlines operating the F.28 Mark 0100 series airplanes 
have voluntarily applied the restriction to their operations procedures 
to prohibit operation of the APU during deicing. In consideration of 
that information, the FAA has determined that telegraphic notification 
of this action to those operators is not necessary, since all operators 
are currently in compliance. However, the issuance of this immediately 
adopted rule is necessary to ensure that any affected airplane that is 
imported and placed on the U.S. Register in the future will be required 
to be in compliance as well. Issuance of this rule will ensure that the 
AFM is revised accordingly in all affected airplanes, prior to the time 
it is permitted to operate in the U.S.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-94-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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, 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:

2002-07-03  Fokker Services B.V.: Amendment 39-12697. Docket 2002-
NM-94-AD.
    Applicability: All Model F.28 series airplanes, certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ingestion of deicing fluid into the auxiliary power 
unit (APU), which could cause uncontained failure of the turbine 
wheel of the APU, and result in failed and uncontained parts 
penetrating the aft cabin pressure bulkhead, and consequent possible 
injury to the cabin crew or passengers; accomplish the following:

Revising the Airplane Flight Manual (AFM)

    (a) Within 14 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved AFM to include the 
following statement (this may be accomplished by inserting a copy of 
this AD into the AFM): ``APU operations during deicing is 
prohibited.''

[[Page 16013]]

Alternative Methods of Compliance

    (b) 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, 
Transport Airplane Directorate, FAA. 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 1: 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

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

Effective Date

    (d) This amendment becomes effective on April 19, 2002.

    Issued in Renton, Washington, on March 28, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-8172 Filed 4-3-02; 8:45 am]
BILLING CODE 4910-13-P