[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Proposed Rules]
[Pages 12612-12614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5011]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / 
Proposed Rules  

[[Page 12612]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20594; Directorate Identifier 2004-NM-213-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Fokker Model F.28 series airplanes. This proposed AD would 
require a one-time inspection of the area underneath the auxiliary 
power unit (APU) enclosure to determine if drain tubes in the area are 
correctly installed and to detect damaged wiring, and corrective action 
if necessary. This proposed AD is prompted by a report of a fire under 
the APU enclosure. We are proposing this AD to prevent fuel from 
accumulating under the APU enclosure, which, in the presence of an 
ignition source, could result in a fire.

DATES: We must receive comments on this proposed AD by April 14, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide Rulemaking Web Site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, the 
Netherlands.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20594; the directorate identifier for this docket is 
2004-NM-213-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20594; 
Directorate Identifier 2004-NM-213-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Civil Aviation Authority--The Netherlands (CAA-NL), which is 
the airworthiness authority for the Netherlands, notified us that an 
unsafe condition may exist on all Fokker Model F.28 series airplanes. 
The CAA-NL advises of an incident of a fire under the enclosure of the 
auxiliary power unit (APU). The flightcrew had received an APU fire 
warning following a successful APU start during taxiing. After the 
flightcrew shut down the APU and discharged the APU fire extinguisher, 
fire was subsequently observed at the APU overboard drain holes. The 
fire was extinguished by airport fire services. Investigation revealed 
that one of the APU drains was not connected properly, which had 
allowed fuel to accumulate under the APU enclosure. It is possible that 
the drain was not reconnected properly following maintenance activity 
in the area. Due to the extent of the fire damage, the ignition source 
has not been identified, but the fire may have been caused by sparks 
generated by damaged wiring underneath the APU enclosure. Accumulation 
of fuel under the APU enclosure, if not corrected, and if in the 
presence of an ignition source, could result in a fire.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletins SBF100-49-
036 (for Fokker Model F.28 Mark 0070 and 0100 series airplanes) and 
F28/49-038 (for the other Fokker Model F.28 series airplanes), both 
dated April 26, 2004. The service bulletins describe procedures for 
these one-time inspections of the area underneath the APU enclosure:
     A visual inspection to determine if the left- and right-
hand engine drain

[[Page 12613]]

tubes and the APU enclosure drain tube are correctly installed.
     A visual inspection to detect any damage, including, but 
not limited to, chafing, of the wiring in the area.
    The corrective action if any drain tube is not correctly installed 
is to correctly install the drain tube and to remove any fuel that has 
accumulated under the APU enclosure. Corrective action if any damaged 
wiring is found is to repair the wiring. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The CAA-NL mandated the service information and 
issued Dutch airworthiness directive 2004-059, dated April 29, 2004, to 
ensure the continued airworthiness of these airplanes in the 
Netherlands.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA-
NL's findings, evaluated all pertinent information, and determined that 
we need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Clarification of Inspection Terminology

    The service bulletins specify a visual inspection of the area 
underneath the APU enclosure to determine if drain tubes in the area 
are correctly installed and to detect damaged wiring. We have 
determined that the inspection procedures specified in the service 
bulletins constitute a general visual inspection. Note 1 of this 
proposed AD defines this type of inspection.

Costs of Compliance

    This proposed AD would affect about 4 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. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $260, or $65 
per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Fokker Services B.V.: Docket No. FAA-2005-20594; Directorate 
Identifier 2004-NM-213-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Fokker Model F.28 series airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report of a fire under the APU 
enclosure. We are issuing this AD to prevent fuel from accumulating 
under the APU enclosure, which, in the presence of an ignition 
source, could result in a fire.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections

    (f) Within 6 months after the effective date of this AD, perform 
a one-time general visual inspection of the area underneath the APU 
enclosure to determine if the left- and right-hand engine drain 
tubes and the APU enclosure drain tube are correctly installed, and 
to detect any damage, including, but not limited to, chafing of the 
wiring in the area. Do the inspection in accordance with the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-49-036 
(for Fokker Model F.28 Mark 0070 and 0100 series airplanes) or F28/
49-038 (for all other Fokker Model F.28 series airplanes), both 
dated April 26, 2004, as applicable.
    (1) If any drain tube is not correctly installed: Before further 
flight, correctly install the drain tube and remove any fuel that 
has accumulated under the APU enclosure, in accordance with the 
Accomplishment Instructions of the applicable service bulletin.
    (2) If any damaged wiring is found: Before further flight, 
repair the wiring in accordance with the Accomplishment Instructions 
of the applicable service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or

[[Page 12614]]

droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) Dutch airworthiness directive 2004-059, dated April 29, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 7, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-5011 Filed 3-14-05; 8:45 am]
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