[Federal Register Volume 69, Number 22 (Tuesday, February 3, 2004)]
[Rules and Regulations]
[Pages 5005-5007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2106]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 22 / Tuesday, February 3, 2004 / 
Rules and Regulations  

[[Page 5005]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-10-AD; Amendment 39-13447; AD 2004-03-03]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
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 certain Fokker Model F.28 Mark 0070 and 0100 series 
airplanes. This action requires revising the applicable airplane flight 
manual to provide the flightcrew with more restrictive procedures for 
operating in icing conditions. This action is necessary to ensure that 
the flightcrew is aware of the procedures required to prevent ice from 
contacting the ice impact panels on the engine fan case. Such contact 
could result in a panel coming loose during flight and blocking the 
bypass flow through the engine outlet guide vanes, and consequent 
reduction of the engine thrust, resulting in insufficient thrust to 
maintain flight. This action is intended to address the identified 
unsafe condition.

DATES: Effective February 18, 2004. Comments for inclusion in the Rules 
Docket must be received on or before March 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-10-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 the Internet must contain 
``Docket No. 2004-NM-10-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    Information pertaining to this AD may be examined at the FAA, 
Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., 
Renton, Washington.

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: The Civil Aviation Authority--The 
Netherlands (CAA-NL), which is the airworthiness authority for the 
Netherlands, notified the FAA that an unsafe condition may exist on 
certain Fokker Model F.28 Mark 0070 and 0100 series airplanes. The CAA-
NL advises that it has received reports of two incidents of separation 
of ice impact panels from the engine fan case during flight. One 
incident involved a Model F.28 Mark 0070 airplane and the other 
incident involved a Model F.28 Mark 0100 airplane. The affected 
airplanes were operating in severe icing conditions; ice released from 
the engine inlet or wing and ingested into the engine has not been 
excluded as a factor contributing to the separation of the ice impact 
panels. The CAA-NL has determined that such incidents warrant temporary 
measures and that the applicable airplane flight manual (AFM) should be 
revised to provide the flightcrew with the procedures they must follow 
to prevent ice from contacting the ice impact panels on the engine fan 
case. Such contact could result in a panel coming loose during flight 
and blocking the bypass flow through the engine outlet guide vanes, and 
consequent reduction of the engine thrust, resulting in insufficient 
thrust to maintain flight.
    The CAA-NL issued Dutch airworthiness directive 2004-004, dated 
January 15, 2004, to ensure the continued airworthiness of these 
airplanes in the Netherlands.

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 CAA-NL has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA-NL, 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 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 ensure that the 
flightcrew is aware of the actions they must take to prevent ice from 
contacting the ice impact panels on the engine fan case. Such contact 
could result in a panel coming loose during flight and blocking the 
bypass flow through the engine outlet guide vanes, and consequent 
reduction of the engine thrust, resulting in insufficient thrust to 
maintain flight. This AD requires revising the Normal Procedures 
Section, ``Operation in Icing Conditions,'' and the Limitations 
Section, ``Weather Limitations,'' of the applicable airplane flight 
manual to provide the flightcrew with more restrictive procedures for 
operating in icing conditions.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we may consider further rulemaking at that time.

Difference Between Dutch Airworthiness Directive and This Rule

    The Dutch airworthiness directive mandates doing the AFM revision 
before the next flight of the airplane. This AD allows operators 7 days 
after the effective date of this AD to complete the required AFM 
revision. In

[[Page 5006]]

developing an appropriate compliance time for this AD, we considered 
the CAA-NL's recommendation, as well as the degree of urgency 
associated with the subject unsafe condition. In light of these 
factors, we find that a 7-day compliance time represents an appropriate 
interval of time for affected airplanes to continue to operate without 
compromising safety.
    The Dutch airworthiness directive also specifies that the AFM 
revision be placed in the Normal Procedures Section of the applicable 
AFM. This AD requires placement of the AFM revision in both the Normal 
Procedures Section and the Limitations Section of the applicable AFM. 
It is our intention that operators be required to follow the procedures 
specified in the AFM revision and the Limitations Section is the only 
section of the AFM that is mandatory, per section 91.9 of the Code of 
Federal Regulations (14 CFR part 91.9).

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.

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 2004-NM-10-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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-03-03 Fokker Services B.V.: Amendment 39-13447. Docket 2004-NM-
10-AD.

    Applicability: Model F.28 Mark 0070 and 0100 series airplanes; 
certificated in any category; equipped with Rolls-Royce Tay620 or 
Tay650 series engines and having incorporated Rolls-Royce Service 
Bulletin Tay 72-1326, Revision 1, dated January 16, 1998.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flightcrew is aware of the procedures 
required to prevent ice from contacting the ice impact panels on the 
engine fan case, which could result in a panel coming loose during 
flight and blocking the bypass flow through the engine outlet guide 
vanes, and consequent reduction of the engine thrust, resulting in 
insufficient thrust to maintain flight, accomplish the following:

Airplane Flight Manual (AFM) Revision

    (a) Within 7 days after the effective date of this AD: Revise 
the Normal Procedures Section, ``Operation in Icing Conditions,'' 
and the Limitations Section, ``Weather Limitations,'' by inserting 
the procedures specified in Appendix 1 of this AD into the 
applicable AFM. Thereafter, operate the airplane per the procedures 
specified in the AFM revision.

    Note 1: When procedures identical to those in Appendix 1 of this 
AD have been incorporated into the general revisions of the AFM, the 
general revisions may be incorporated into the AFM, and Appendix 1 
of this AD may be removed from the AFM.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Dutch 
airworthiness directive 2004-004, dated January 15, 2004.

Effective Date

    (c) This amendment becomes effective on February 18, 2004.

APPENDIX 1.

    ``(a) Engine anti-icing must be switched ON during all ground or 
flight operations when the Total Air Temperature (TAT) is below +6 
degrees C (+42 degrees F) down to and including -25 degrees C (-13 
degrees F), irrespective of the presence of visible moisture; and

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    (b) Airframe anti-icing system must be switched ON during flight 
operations whenever any of the following conditions is valid:
    (1) Icing conditions are anticipated or present; In-flight, 
icing conditions are present when TAT is below +6 degrees C (+42 
degrees F) down to an including -25 degrees C (-13 degrees F) and 
visible moisture is present.
    (2) Ice buildup is observed;
    (3) The ICING alert comes on.''

    Issued in Renton, Washington, on January 28, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 04-2106 Filed 2-2-04; 8:45 am]
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