[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Rules and Regulations]
[Pages 48539-48545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-224-AD; Amendment 39-12827; AD 2002-14-27]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070, 0100, 
1000, 2000, 3000, and 4000 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, 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. This amendment requires 
adding 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 amendment is prompted 
by the development of a modification that introduces a wing anti-icing 
system that will operate on the ground as well as in flight. The 
actions specified by this AD are intended to prevent takeoff with snow, 
ice, or frost on the critical surfaces of the airplane, which could 
result in reduced controllability of the airplane.

DATES: Effective August 29, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 29, 2002.

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: 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.

[[Page 48540]]


SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 94-25-03, 
amendment 39-9087 (59 FR 62563, December 6, 1994), which is applicable 
to all Fokker Model F.28 Mark series airplanes, was published in the 
Federal Register on November 8, 1999 (64 FR 60745). The action proposed 
to continue 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. The action also proposed to 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.

Since the Issuance of the Notice of Proposed Rulemaking (NPRM)

    Fokker Services has issued Proforma Service Bulletin F28/30-032, 
including Appendix 1, dated December 1, 1999, applicable to Fokker 
Model F.28 Mark 4000 series airplanes. That proforma service bulletin 
describes certain corrections regarding the instructions and schematics 
for the modification of the wiring of the on-ground wing leading edge 
heating described in Fokker Proforma Service Bulletin F28/30-31 (which 
was referenced in the NPRM as the appropriate source of service 
information). Since Proforma Service Bulletin F28/30-032 only provides 
correction for certain procedures of 1 the modification of the wiring, 
the FAA has revised paragraph (b) of the final rule to also reference 
Proforma Service Bulletin F28/30-032. That proforma service bulletin 
was approved by the The Civil Aviation Authority--The Netherlands (CAA-
NL), which is the airworthiness authority for the Netherlands.

Clarification of Applicability

    The applicability of the NPRM affects all Model F.28 Mark 0070, 
0100, 1000, 2000, 3000, and 4000 series airplanes. However, paragraph 
(b) of the NPRM specifies that only airplanes identified in Appendix I, 
Revision 1, dated August 14, 1999, of Fokker Service Bulletin SBF100-
30-018, and Appendix I, Revision 1, dated May 4, 1998, of Fokker SB 
F28/30-031; are subject to the requirements of paragraph (b) of the 
NPRM. The FAA notes that the effectivity of the proforma service 
bulletins assigns different operators the actual performance 
instructions based on a number designated in the Appendix. For example, 
one airline may be assigned the specific instructions for Appendix I. 
Therefore, we have revised the applicability of paragraph (b) of the 
final rule to clarify that Model F.28 Mark 0070 and 0100 series 
airplanes identified in Appendix I, Revision 1, dated August 14, 1999, 
of Fokker Proforma Service Bulletin SBF100-30-018; and Model F.28 Mark 
1000, 2000, 3000, and 4000 series airplanes identified in Appendix I, 
Revision 1, dated May 4, 1998, of Fokker Proforma Service Bulletin F28/
30-031, Revision 1, dated May 4, 1998; and in Fokker Proforma F28/30-
032, including Appendix 1, dated December 1, 1999; are subject to the 
requirements specified in paragraphs (b)(1) and (b)(2) of this AD, in 
accordance with the appropriate proforma service bulletin, as 
applicable.

Public Comments

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

1. Conditional Concurrence

    One commenter expresses conditional concurrence with the proposed 
language of the NPRM. The commenter's concerns regarding certain issues 
are included in the discussions of other comments below.

2. Requests To Provide an Optional Method of Compliance

    Several commenters identified certain concerns with an on-ground 
wing leading edge heating system. One of these commenters states that 
the ground wing leading edge anti-ice heating system will not 
accomplish the intent of the NPRM (i.e., to prevent degradation of 
aerodynamic lift during takeoff when icing conditions exist). Other 
commenters point out problem areas that could result, such as:
     Only partial surfaces (i.e., the leading edges) of the 
wings are heated. The rest of the wing remains unprotected.
     Deicing/anti-icing fluid flow-off may occur, and heating 
may change the effective holdover time of the fluid.
     Adverse aerodynamic effects from refreezing of runback 
water (runback ice).
     Risk of leading edge structural damage due to overheating 
caused by a ground wing leading edge heating system.
    The commenters state that other means exist that are equal to or 
superior to the system proposed in the NPRM, and request that the FAA 
provide such methods of compliance as alternatives to requiring 
installation of a ground wing leading edge anti-ice heating system.
    The FAA does not agree that the issues specified by the commenters 
are sufficient to justify not mandating a ground wing leading edge 
anti-ice heating system. Our specific responses to each of the concerns 
above are as follows:
     We acknowledge that only the leading edges of the wing are 
heated. However, we do not agree that heating some of the wing surfaces 
(i.e., leading edges) will not accomplish the intent of the NPRM. The 
intent of the NPRM is to ensure that the critical surfaces of the 
airplane are free from frost, ice, and snow at takeoff. This is 
accomplished by compliance with the operating rules of Secs. 91.527 and 
121.629 of the Federal Aviation Regulations (14 CFR 91.527 and 
121.629), in combination with the operation of the wing leading edge 
heating system on the ground.
     We do not agree that operating the wing leading edge heat 
while on the ground will result in flow-off of fluid. The deicing fluid 
is typically heated to 60-degrees Centigrade (C) at the spray nozzle 
and would not be affected by 25-degree-C temperatures of the wing 
leading edge while being heated on the ground. We acknowledge that 
there may be some thinning of undiluted anti-icing fluids at the wing 
leading edge. However, there will be an offsetting benefit of having 
the wing leading edge heat on, which should delay the failure of the 
anti-icing fluid by keeping the water component above freezing.
     We do not agree that there is a reason to be concerned 
over runback ice. For instance, ice melting on the leading edge and 
water consequently running to another area of the wing and refreezing 
should not occur, since the on-ground wing leading edge heating system 
is not intended for deicing purposes. The system should be used in 
addition to approved deicing or anti-icing procedures. Likewise, 
turning on the wing leading edge heat to melt ice and not performing 
deicing procedures is unlikely to occur, since regulations are already 
in place that prohibit such actions. Therefore, for the purposes of 
this AD, runback ice and refreezing are not issues of concern.
     We do not agree that there is increased risk of structural 
damage to the leading edge due to overheating caused by the required 
heating system. We consider that, since the on-ground leading edge 
heating system complies with the requirements of Sec. 25.1309 (14 CFR 
25.1309), any failures of the heating system, such as overheating of 
the structure, have been accounted for and substantiated in accordance 
with the

[[Page 48541]]

hazard classification of a particular failure.
    Based on the FAA's responses above to the commenter's concerns, no 
change to the final rule is necessary. However, we have revised the 
final rule to add a specific method acceptable for compliance based on 
another commenter's request. See the next comment and response below.

3. Request To Approve an Acceptable Method of Compliance

    Two commenters request that the FAA approve the AlliedSignal 
``Contaminants--Fluid Integrity Measuring System,'' as an acceptable 
method of compliance with the requirements of the NPRM. The commenters 
present the following points in support of their request:
     C/FIMS TM is a FAA-approved system via the 
Supplemental Type Certification (STC) process.
     C/FIMS TM offers documented evidence as to its 
capabilities as an ice detector and as a fluid monitoring system, both 
in laboratory and in-service environments.
     More than 4 years of in-service evaluations have occurred 
on the Midway Airlines fleet of Fokker Model F.28 Mark 0100 series 
airplanes.
     Recorded documented performance is available for all 
weather conditions, including snow, freezing rain, and weather 
conditions specified as cautionary in AD 94-25-03.
     With the system validated against existing approved 
procedures including tactile checks and the use of holdover timetables, 
C/FIMS TM produced absolutely no false annunciations.
     C/FIMSTM installed on Fokker Model F.28 Mark 
0100 series airplanes provides effective monitoring of the same 
surfaces addressed by the service bulletins specified in the NPRM.
     The commenters state that even Fokker Services has 
recommended that the FAA give serious consideration to certifying C/
FIMS\TM\ as an alternative solution, since the leading edge heating 
system is not universally favored by Model F.28 Mark 0100 series 
airplanes operators.
    We acknowledge that STC ST291CH (applicable to Fokker Model F.28 
Mark 0100 series airplanes) approves the installation of the C/FIMS\TM\ 
as an advisory system that informs the flightcrew if specific anti-
icing fluids have failed or if ice or snow has accumulated on one of 
the ice detectors. That STC also contains instructions to insert Allied 
Signal Aerospace Canada, Airplane Flight Manual Supplement, Document 
Number 6C-486, Revision 2, dated August 4, 1999, into the AFM. The AFM 
Supplement describes how the C/FIMS\TM\ operates when the modification 
is installed. Certification as an advisory system means that the system 
cannot be used as the prime means of determining if the airplane must 
be initially deiced or anti-iced, or if the airplane must be deiced or 
anti-iced again because a fluid has failed.
    However, we have determined that, in combination with a revision to 
the Limitations Section of the AFM to install the AFM Supplement 
described above, installation of STC ST291CH on Fokker Model F.28 Mark 
0100 series airplanes is acceptable for compliance with the requirement 
to install an on-ground wing leading edge heating system. Although C/
FIMS\TM\ is approved as an advisory system, we find that it will 
provide additional assurance that the airplane will take off free of 
snow, ice, or frost on the critical surfaces. This finding is 
contingent upon using C/FIMS\TM\ in combination with approved 
procedures for complying with Federal Aviation Regulations 14 CFR 
91.527 and 14 CFR 121.629.
    Therefore, the FAA has revised the final rule to add a new 
paragraph (d) of the final rule to specify that installation of a C/
FIMS\TM\ in accordance with STC ST291CH and certain AFM revisions 
required by paragraph (d) of the final rule are acceptable for 
compliance with the requirements of paragraph (b) of this AD, and 
constitute terminating actions for the requirements of this final rule.
    In addition, we have added a new Note 5 to the final rule to remind 
operators that accomplishment of the actions specified in paragraph (d) 
of the final rule does not relieve the requirement that airplane 
surfaces are free of ice, frost, and snow accumulation as required by 
Secs. 91.527 and 121.629 of the Federal Aviation Regulations (14 CFR 
91.527 and 121.629).

4. Request To Withdraw the Proposal

    One commenter states that, even with the on-ground wing thermal 
anti-icing system, operators will have to continue to rely upon using 
deicing or anti-icing fluids and performing the visual and tactile 
inspections for icing as the primary procedure for on-ground wing ice 
protection. Therefore, the commenter argues that there is insufficient 
improvement provided by the proposed heating system to warrant 
mandating the on-ground wing ice protection system. The FAA infers that 
the commenter is requesting that the NPRM be withdrawn.
    The FAA does not agree. We acknowledge that operators will still 
have to rely on fluids and procedures that are necessary for compliance 
with Secs. 91.527 (14 CFR 91.527) and 121.629 (14 CFR 121.629). 
However, the mandatory tactile inspection required by this AD will be 
terminated when the on-ground wing anti-ice system is installed. 
Because of the accident and incident history of these airplanes, we 
have determined that, although the operations rules (cited above) 
require that the critical surfaces of the airplane be free from frost, 
ice, and snow at takeoff, these airplanes require additional measures 
to ensure safety of flight. Operation of the wing anti-ice system while 
on the ground is a method to ensure that the critical surfaces of the 
airplane are free of snow, ice, and frost at takeoff. No change is 
necessary to the AD in this regard.

5. Request To Allow Credit for Accomplishment of New Service 
Information

    One commenter states that it has accomplished the modification of 
the wing anti-ice system for operation on the ground, in accordance 
with Fokker Service Bulletin SBF100-30-018, Appendix I, Revision 1, 
dated August 14, 1999, rather than the original issuance of the service 
information as specified in the NPRM. The commenter requests that 
Revision 1 be specified as an alternative method of compliance.
    The FAA agrees that accomplishment of Fokker Service Bulletin 
SBF100-30-018, Appendix I, Revision 1, dated August 14, 1999, provides 
an acceptable means of compliance with paragraph (b) of this AD. We 
have revised paragraph (b) of this AD to include Revision 1 of that 
service bulletin appendix.

6. Request To Revise Certain Modification Procedures

    One commenter states that it is concerned about a safety issue if 
Fokker Service Bulletin F28/30-031, Appendix I, Revision 1, dated May 
4, 1998 (which was specified in the NPRM as an appropriate service 
information), is accomplished. The commenter explains that 
accomplishment of that service bulletin would result in the engine 
anti-ice system being shut off from the operating engine should there 
be an engine failure during takeoff when the engine anti-ice system has 
been selected to the ``on'' position. This same commenter states that, 
although the commenter has accomplished the modification in accordance 
with Fokker Service Bulletin F28/30-031, Appendix I, the identified 
problem was corrected in accordance with additional service information 
received from Fokker. The commenter requests that the NPRM be

[[Page 48542]]

revised to reference the corrected modification instructions.
    The FAA agrees with the commenter's request for the reasons given 
by the commenter. As discussed under the header entitled ``Since the 
Issuance of the Proposed Rule,'' Fokker Services has issued a new 
Proforma Service Bulletin F28/30-032, dated December 1, 1999, that 
describes certain corrective procedures for modifying the wiring for 
the on-ground wing anti-ice system. Therefore, those corrected 
procedures have been required in the final rule to clarify the 
procedures for the modification.

7. Request To Clarify Operating Procedures If the Heating System Is 
Inoperative

    One operator requests that the FAA confirm that current relief 
specified in the Minimum Equipment List (MEL) for the on-ground heated 
leading edge system (OGHLES) will remain in effect. Specifically, the 
operator requests that the FAA clarify that, when the airplane is 
operated with the OGHLES inoperative, the operating limitations 
required by AD 94-25-03 should again govern the airplane operation.
    The FAA agrees that clarification is needed in this regard. First, 
as part of that clarification, paragraph (b)(2) of the NPRM, which 
requires incorporation of Fokker Manual Change Notifications (MCNOs) 
into the AFM, has been relettered as paragraph (c) of the final rule. 
Second, we point out that, incorporation of the MCNOs required by 
paragraph (c) of the final rule allow for alternative takeoff 
procedures or tactile inspections in the event the on-ground heating 
system is inoperative. Therefore, no change to the final rule is 
necessary in this regard.

8. Request To Specify the Modification as Terminating Action

    One commenter notes that paragraph (b) of AD 94-25-03 specifies 
that modification of the thermal anti-ice system, so that it can be 
operated on the ground in accordance with a method approved by the FAA, 
constitutes terminating action for the requirements of that AD. 
However, the commenter also notes that the NPRM proposing to supersede 
AD 94-25-03 does not contain reference to the terminating action. The 
commenter suggests adding such reference to Note 3 of the NPRM.
    The FAA agrees with the commenter, and has revised this AD to add a 
statement in paragraph (c) of this AD specifying that accomplishment of 
the actions required by paragraph (b) and (c) of the AD constitutes 
terminating action for the requirements of paragraph (a) of the AD.

9. Request To Revise the Cost Estimate

    One commenter states that its experience in accomplishing the 
heating system modification reveals that it takes approximately 400 
work hours per airplane to accomplish, as opposed to the estimate of 
274 work hours provided in the NPRM.
    The FAA acknowledges that the actual work hours necessary to 
accomplish the required modification exceeds the estimated work hours 
provided by the NPRM. That estimate of work hours was provided to the 
FAA by the manufacturer based on the best data available to date. As 
explained in the NPRM, that estimate is intended to represent the time 
necessary to perform only the modification required by this AD. We 
recognize that, in accomplishing the requirements of any AD, operators 
may incur ``incidental'' costs in addition to the ``direct'' costs. 
However, the cost analysis in AD rulemaking actions typically does not 
include incidental costs, such as the time required to gain access and 
close up, planning time, or time necessitated by other administrative 
actions. Because incidental costs may vary significantly from operator 
to operator, they are almost impossible to calculate. However, after 
considering the information presented by the commenter, we agree that 
the number of work hours required is higher than previously estimated. 
Therefore, the cost impact information provided in this final rule has 
been revised to estimate 400 work hours for accomplishment of the 
required modification.

10. Request To Revise the Unsafe Condition

    One commenter states that it takes exception to the statement of 
the unsafe condition as presented in the NPRM. The commenter states 
that, contrary to the statement in the NPRM, no ice protection system 
(IPS) can ``* * * prevent degradation of aerodynamic lift * * *'' The 
commenter further states that, at best, the proposed modification 
represents only slight improvements over the present system and 
procedures. The FAA infers that the commenter is requesting that the 
statement of the unsafe condition be revised.
    The FAA acknowledges that the statement of the unsafe condition 
should be revised. We agree that deicing and anti-icing fluid will 
minimally affect the aerodynamic lift and have revised the wording for 
the unsafe condition to more accurately reflect the description of the 
unsafe condition. For those sections in the final rule that discuss the 
unsafe condition, we have eliminated reference to aerodynamic lift and 
specified that the unsafe condition is to prevent takeoff with snow, 
ice, or frost on the critical surfaces of the airplane.

11. Request To Revise Icing Related Language

    One commenter requests that any icing related language must be 
accompanied by a specific warning to the flightcrew that no ice 
protection system can keep an airplane as clean as it was on the day it 
was certified, and that keeping it clean is the ultimate objective of 
deicing or anti-icing.
    The FAA does not agree that additional warning to the flightcrew is 
necessary. Although we acknowledge that no ice protection system can 
keep an airplane absolutely ``clean'' (i.e., free of ice, snow, and 
frost), the flightcrew is required by existing operational rules to 
keep the airplane's critical surfaces free from ice, snow, and frost at 
takeoff even though a wing leading edge heating system is being 
operated on the ground. No change to the final rule is necessary in 
this regard.

12. Request To Emphasize Flightcrew Actions and Procedures

    One commenter states that, until technological improvements such as 
airplane design changes are able to ``remove the source of the 
problem'' (e.g., performance degradations due to airframe ice 
accretions and in-flight encounters with icing conditions), emphasis 
must be placed on the flightcrew actions, and procedures must be 
identified to preclude icing encounters that may cause degraded 
airplane performance.
    The FAA does not agree. The intent of this final rule is to prevent 
airplane takeoff with snow, ice, or frost on critical surfaces, and not 
to address in-flight icing encounters. Certain other regulations and 
procedures exist that address in-flight icing encounters. Therefore, no 
change to this 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 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.

[[Page 48543]]

Cost Impact

    There are approximately 191 Fokker Model F.28 series airplanes of 
U.S. registry that will be affected by this AD.
    The currently required AFM revisions required 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 of this AD on U.S. 
operators is estimated to be $60 per airplane.
    The modification that is required by this new AD action for certain 
airplanes will take approximately 400 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts will cost approximately $26,585 per airplane. Based on these 
figures, the cost impact of the modification required by this AD on 
U.S. operators is estimated to be $50,585 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. 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 removing amendment 39-9087 (59 FR 
62563, December 6, 1994), and by adding a new airworthiness directive 
(AD), amendment 39-12827, to read as follows:

2002-14-27  Fokker Services B.V.: Amendment 39-12827. Docket 98-NM-
224-AD. Supersedes AD 94-25-03, Amendment 39-9087.

    Applicability: All Model F.28 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 (e) 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 takeoff with snow, ice, or frost on the critical 
surfaces of the airplane, 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):

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

Caution

    The Model F.28 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 Secs. 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 Secs. 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.

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

[[Page 48544]]

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 autopilot 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 F.28 
Mark 0100 (Fokker 100) and F.28 Mark 0070 (Fokker 70) AFM, or 
Section 1.7.4 Operation Under Abnormal Conditions of the F.28 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.''
    This action is required until the requirements of paragraph (c) 
of this AD are accomplished, or the actions specified in paragraphs 
(d) and (e) of this AD are accomplished.

    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

Modification

    (b) Except as provided in paragraph (d) of this AD: Within 18 
months after the effective date of this AD, modify the wing anti-ice 
system for operation on the ground as specified in paragraph (b)(1) 
or (b)(2) of this AD, as applicable.
    (1) For Model F.28 Mark 0070 and 0100 series airplanes, modify 
in accordance with Fokker Service Bulletin SBF100-30-018, Revision 
1, Appendix I, Appendix 1, dated August 14, 1999.
    (2) For Model F.28 Mark 1000, 2000, 3000, and 4000 series 
airplanes, modify in accordance with Fokker Service Bulletin F28/30-
031, Appendix I, Revision 1, dated May 4, 1998; and Fokker Proforma 
Service Bulletin F.28/30-032, including Appendix 1, dated December 
1, 1999; as applicable.

Manual Change Notification (MCNO)

    (c) Prior to further flight after accomplishing the modification 
required by paragraph (b) of this AD, remove the AFM revisions 
required by paragraph (a) of this AD, and incorporate the flight 
manual changes specified in Fokker MCNO F100-003, dated September 
19, 1997 (for Fokker Model F.28 Mark 070 and 0100 series airplanes); 
and Fokker MCNO F28-003, dated September 5, 1997 (for Fokker Model 
F.28 Mark 1000, 2000, 3000, and 4000 series airplanes); as 
applicable. Accomplishment of the actions specified in paragraphs 
(b) and (c) of this AD constitute terminating action for the 
requirements of this AD.

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

Acceptable Method of Compliance With the Requirements of Paragraphs 
(b) and (c) of This AD

    (d) For Fokker Model F.28 Mark 0100 series airplanes on which a 
``Contaminant/Fluid Integrity Measuring System'' (C/FIMS'') has been 
installed in accordance with Supplemental Type Certification 
ST291CH, as amended on August 20, 1998: Prior to further flight 
after accomplishment of STC ST291CH, as amended on August 20, 1998, 
remove the AFM revisions required by paragraph (a) of this AD, and 
incorporate the following into the Limitations Section of the FAA-
approved AFM (This may be accomplished by inserting a copy of this 
AD in the AFM):

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

Caution

    The Model F.28 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 Secs. 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 Option 1, Option 2, or Option 3.

Option 1

    (i) Operate the C/FIMS'' in accordance with AFM Supplement 
AlliedSignal Aerospace Canada Document Number 6C-486, Revision 2, 
dated August 4, 1999.
    (ii) C/FIMS'' is an advisory system that must not be used as the 
primary means of determining whether the airplane should be 
initially deiced or anti-iced or used as the primary means of 
determining that the fluid has failed.
    (iii) C/FIMS'' may be used only for the time periods covered by 
the dicing/anti-icing holdover time tables. C/FIMS'' may not be used 
when the holdover time tables have been exceeded; or
    If the C/FIMSTM is not operational:

Option 2

    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
    If the C/FIMSTM is not operational:

Option 3

    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 Secs. 91.527 and 121.629 of the FAR.
     Select the largest flap setting that is permissible for 
the takeoff weight/altitude/temperature conditions.
     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.

Notes to Option 3

    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. 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. Do not engage the autopilot 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 F.28 
Mark 0100 (Fokker 100) AFM.
    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.''
    Accomplishment of the actions specified in this paragraph after 
the installation of STC ST291CH, as amended on August 20, 1998, 
constitute terminating action for the requirements of this AD.

[[Page 48545]]


    Note 4: Operators should note that, while Option 1 specified in 
paragraph (d) of this AD must be incorporated into the Limitations 
Section of the AFM, operators may elect to incorporate either both 
or only one of the other two options specified in paragraph (d) of 
this AD. Only Option 1 and the elected option(s) need to be 
incorporated into the AFM. However, any option that is incorporated 
into the AFM must be identical to the option wording specified in 
paragraph (d) of this AD.


    Note 5: Installation of the Contaminant/Fluid Integrity 
Measuring System (C/FIMS TM) in accordance with 
Supplemental Type Certification ST291CH, as amended on August 20, 
1998, and accomplishment of the actions specified in paragraph (d) 
of this AD, do not relieve the requirement that airplane surfaces 
are free of ice, frost, and snow accumulation as required by 
Secs. 91.527 and 121.629 of the Federal Aviation Regulations (14 CFR 
91.527 and 121.629).

Alternative Methods of Compliance

    (e) 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 6: 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

    (f) 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.

Incorporation by Reference

    (g) The actions required by paragraphs (b) and (c) of this AD 
shall be done in accordance with Fokker Service Bulletin SBF100-30-
018, Appendix I, Revision 1, dated August 14, 1999; Fokker Service 
Bulletin F28/30-031, Appendix I, Revision 1, dated May 4, 1998; 
Fokker Proforma Service Bulletin F28/30-032, including Appendix 1, 
dated December 1, 1999; Fokker Manual Change Notification MCNO F100-
003, dated September 19, 1997; and Fokker Manual Change Notification 
MCNO F28-003, dated September 5, 1997. 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.

Effective Date

    (h) This amendment becomes effective on August 29, 2002.

    Issued in Renton, Washington, on July 12, 2002.
Lirio Liu-Nelson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-18624 Filed 7-24-02; 8:45 am]
BILLING CODE 4910-13-U