[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Proposed Rules]
[Pages 19950-19952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8538]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-223-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain Fokker Model F.28 
Mark 0070 series airplanes, that currently requires a one-time 
inspection to detect loose bolts attaching the gustlock counter-bracket 
to the pulley on the elevator tension regulator (control) assembly, and 
corrective action if necessary. This action would instead require a 
modification of the elevator tension control mechanism. This action 
would also revise the applicability to include additional airplanes. 
The actions specified by the proposed AD are intended to prevent 
restricted elevator movement and consequent reduced controllability of 
the airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by May 17, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-223-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

[[Page 19951]]

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-223-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 or 2000 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: 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:

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 action 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-223-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. 2002-NM-223-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On May 3, 2000, the FAA issued AD 2000-09-11, amendment 39-11720 
(65 FR 30529, May 12, 2000), for certain Fokker Model F.28 Mark 0070 
series airplanes. That AD currently requires a one-time inspection to 
detect loose bolts attaching the gustlock counter-bracket to the pulley 
on the elevator tension regulator (control) assembly, and corrective 
action if necessary. That action was prompted by issuance of mandatory 
continuing airworthiness information by the Civil Aviation Authority--
The Netherlands (CAA-NL), which is the airworthiness authority for the 
Netherlands. At that time, only airplanes manufactured after a certain 
change in the production process were subject to the identified unsafe 
condition. The requirements of AD 2000-09-11 are intended to prevent 
restricted elevator movement and consequent reduced controllability of 
the airplane.

Actions Since Issuance of Previous Rule

    Since that AD was issued, the CAA-NL reported that further 
investigation of the subject bolts revealed an oversize grip length. 
The manufacturer has since developed a modification to address the 
problem and obviate the need for the inspection and inadequate 
associated corrective action. Further, it has been determined that the 
identified unsafe condition may also exist on certain Fokker Model F.28 
Mark 0100 series airplanes. The limited range of elevator deflection 
resulting from the oversize bolts, if not corrected, could result in 
restricted elevator movement and consequent reduced controllability of 
the airplane.

Explanation of Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-27-081 and 
Component Service Bulletin D78179-27-017, both dated January 1, 2002. 
The service bulletins describe procedures for modifying the elevator 
tension control mechanism. The modification involves replacing a bolt 
in the adjuster bracket with a bolt having a shorter grip length, which 
is intended to improve its clamping capability. Accomplishment of the 
actions specified in either service bulletin is intended to adequately 
address the identified unsafe condition. The CAA-NL classified the 
service bulletins as mandatory and issued Dutch airworthiness directive 
2002-058, dated April 29, 2002, 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 Sec.  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 advised us of 
the situation described above. We have 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 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 supersede AD 2000-09-11 to 
require modification of the elevator tension control mechanism.

Change in Labor Rate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    This proposed AD would affect about 75 airplanes of U.S. registry. 
The proposed actions would take about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. Required parts would be 
provided to operators at no cost. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $4,875, 
or $65 per airplane.

[[Page 19952]]

    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. 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 proposed herein would 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 proposal would not have 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 removing amendment 39-11720 (65 FR 
30529, May 12, 2000), and by adding a new airworthiness directive (AD), 
to read as follows:

Fokker Services B.V.: Docket 2002-NM-223-AD. Supersedes AD 2000-09-
11, Amendment 39-11720.

    Applicability: Model F.28 Mark 0070 and 0100 series airplanes, 
certificated in any category, equipped with elevator tension control 
assemblies having any part number (P/N) D78179-405, -407, -409, -
411, or 413.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent restricted elevator movement and consequent reduced 
controllability of the airplane, accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD, modify 
the elevator tension control mechanism in accordance with the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
081, dated January 1, 2002; or Fokker Component Service Bulletin 
D78179-27-017, dated January 1, 2002.

Parts Installation

    (b) As of the effective date of this AD, no person may install 
an elevator tension control assembly on any airplane, unless the 
assembly has been modified and reidentified in accordance with the 
requirements of this AD.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in Dutch 
airworthiness directive 2002-058, dated April 29, 2002.


    Issued in Renton, Washington, on April 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-8538 Filed 4-14-04; 8:45 am]
BILLING CODE 4910-13-P