[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Rules and Regulations]
[Pages 44586-44587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16677]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-280-AD; Amendment 39-13742; AD 2004-15-08]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
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 and 0100 series 
airplanes, that currently 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 requires 
revising the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness to incorporate updated Airworthiness Limitation 
Items, Safe Life Items, and Certification Maintenance Requirements. The 
actions specified by this AD are intended to ensure the structural 
integrity of the airplane by ensuring that fatigue cracking of certain 
structural elements is detected and corrected in a timely manner. This 
action is intended to address the identified unsafe condition.

DATES: Effective August 31, 2004.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of August 31, 2004.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of December 4, 2001 (66 FR 54656, October 30, 
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 Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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) by superseding AD 2001-21-04, 
amendment 39-12475 (66 FR 54656, October 30, 2001), which is applicable 
to all Fokker Model F.28 Mark 0070 and 0100 series airplanes, was 
published in the Federal Register on May 12, 2004 (69 FR 26329). The 
action proposed to require revising the Airworthiness Limitations 
section (ALS) of the Instructions for Continued Airworthiness to 
incorporate updated Airworthiness Limitation Items, Safe Life Items, 
and Certification Maintenance Requirements.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 74 airplanes of U.S. registry that will be 
affected by this AD.
    The ALS revision that is currently required by AD 2001-21-04 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of this currently required action on U.S. operators is estimated 
to be $4,810, or $65 per airplane.
    The new actions that are required in this AD action will take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the new requirements of this AD on U.S. operators is 
estimated to be $4,810, or $65 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

[[Page 44587]]

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

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 removing amendment 39-12475 (66 FR 
54656, October 30, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-13742, to read as follows:

2004-15-08 Fokker Services B.V.: Amendment 39-13742. Docket 2002-NM-
280-AD. Supersedes AD 2001-21-04, Amendment 39-12475.

    Applicability: All Model F.28 Mark 0070 and 0100 series 
airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that fatigue cracking of certain structural elements 
is detected and corrected, and to ensure the structural integrity of 
affected airplanes, accomplish the following:

Requirements of AD 2001-21-04

Airworthiness Limitations Revision

    (a) Within 30 days after December 4, 2001 (the effective date of 
AD 2001-21-04, amendment 39-12475), revise the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness by incorporating Report SE-623, ``Fokker 70/100 
Airworthiness Limitations Items and Safe Life Items,'' of Appendix 1 
of Fokker 70/100 Maintenance Review Board (MRB) document, dated June 
1, 2000.
    (b) Except as provided by paragraph (c) 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 documents 
listed in paragraph (a) of this AD.

New Requirements of This AD

New Airworthiness Limitations Revision

    (c) Within 6 months after the effective date of this AD, revise 
the Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Fokker Services B.V. Report 
SE-623, ``Fokker 70/100 Airworthiness Limitations Items and Safe 
Life Items,'' Issue 2, dated September 1, 2001; and Fokker Services 
B.V. Report SE-473, ``Fokker 70/100 Certification Maintenance 
Requirements,'' Issue 5, dated July 16, 2001; into Section 6 of the 
Fokker 70/100 MRB document. (These reports are already incorporated 
into Fokker 70/100 MRB document, Revision 10, dated October 1, 
2001.) Once the actions required by this paragraph have been 
accomplished, the original issue of Fokker Services B.V. Report SE-
623, ``Fokker 70/100 Airworthiness Limitations Items and Safe Life 
Items,'' dated June 1, 2000, may be removed from the ALS of the 
Instructions for Continued Airworthiness.
    (d) If the requirements of paragraph (c) of this AD are 
accomplished within the compliance time specified in paragraph (a) 
of this AD, it is not necessary to accomplish the requirements of 
paragraph (a) of this AD.
    (e) After the actions specified in paragraph (c) of this AD have 
been accomplished, no alternative inspections or inspection 
intervals may be approved for the structural elements specified in 
the documents listed in paragraph (c) of this AD.

Alternative Methods of Compliance

    (f) 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.

Incorporation by Reference

    (g) The actions 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; Fokker Services B.V. 
Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and 
Safe Life Items,'' Issue 2, dated September 1, 2001; and Fokker 
Services B.V. Report SE-473, ``Fokker 70/100 Certification 
Maintenance Requirements,'' Issue 5, dated July 16, 2001.
    (1) The incorporation by reference of Fokker Services B.V. 
Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and 
Safe Life Items,'' Issue 2, dated September 1, 2001; and Fokker 
Services B.V. Report SE-473, ``Fokker 70/100 Certification 
Maintenance Requirements,'' Issue 5, dated July 16, 2001; is 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Fokker Services B.V. 
Report SE-623, ``Fokker 70/100 Airworthiness Limitation Items and 
Safe Life Items,'' dated June 1, 2000, was approved by the Director 
of the Federal Register as of December 4, 2001 (66 FR 54656, October 
30, 2001).
    (3) 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 National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 1: The subject of this AD is addressed in Dutch 
airworthiness directive 2002-062, dated May 31, 2002.

Effective Date

    (h) This amendment becomes effective on August 31, 2004.

    Issued in Renton, Washington, on July 9, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-16677 Filed 7-26-04; 8:45 am]
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