[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10650-10652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0300; Directorate Identifier 2007-NM-191-AD; 
Amendment 39-15394; AD 2008-04-22]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Reports have been received from Fokker 100 (F28 Mark 0100) 
operators where the crew experienced difficulties with roll control. 
Analysis suggests that these phenomena are due to frozen water on 
the aileron pulleys that are installed on the Center Wing Spar and 
located in the Main Landing Gear (MLG) wheel bays. Investigation has 
confirmed that improper closure of the aerodynamic seals of the 
wing-to-fuselage fairings above the MLG wheel bays can cause 
rainwater, wash-water or de-icing fluid to leak onto the affected 
aileron pulleys. This condition, if not corrected, can lead to 
further incidents of frozen water on aileron pulleys during 
operation of the aircraft, resulting in restricted roll control and/
or higher control forces. * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 3, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://

[[Page 10651]]

www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 11, 2007 
(72 FR 70249). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Reports have been received from Fokker 100 (F28 Mark 0100) 
operators where the crew experienced difficulties with roll control. 
Analysis suggests that these phenomena are due to frozen water on 
the aileron pulleys that are installed on the Center Wing Spar and 
located in the Main Landing Gear (MLG) wheel bays. Investigation has 
confirmed that improper closure of the aerodynamic seals of the 
wing-to-fuselage fairings above the MLG wheel bays can cause 
rainwater, wash-water or de-icing fluid to leak onto the affected 
aileron pulleys. [The aileron pulleys on Model F.28 Mark 0070 
airplanes are identical to those installed on the Model F.28 Mark 
0100 airplanes. Therefore, those Model F.28 Mark 0070 airplanes may 
be subject to the unsafe condition revealed on the Model F.28 Mark 
0100 airplanes.] This condition, if not corrected, can lead to 
further incidents of frozen water on aileron pulleys during 
operation of the aircraft, resulting in restricted roll control and/
or higher control forces. Since an unsafe condition has been 
identified that is likely to exist or develop on other aircraft of 
the same type design, this Airworthiness Directive requires the 
inspection of the wing-to-fuselage fairings and, if necessary, the 
accomplishment of appropriate corrective action(s).

The inspection is intended to find indications of incorrect fit, 
damage, or wear. Corrective actions include a related investigative 
action (inspecting for incorrect fit, damage, or wear of the 
aerodynamic seal of the fairings, and inspecting for damage or wear of 
the abrasion resistant coating on the mating surface of the fuselage 
skin), restoring damaged abrasion-resistant coatings, correcting 
fairing positions, and replacing damaged fairing seals. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 12 products of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $960, or $80 per 
product.

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 determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2008-04-22 Fokker Services B.V.: Amendment 39-15394. Docket No. FAA-
2007-0300; Directorate Identifier 2007-NM-191-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 3, 
2008.

[[Page 10652]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and 0100 
airplanes, certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Reports have been received from Fokker 100 (F28 Mark 0100) 
operators where the crew experienced difficulties with roll control. 
Analysis suggests that these phenomena are due to frozen water on 
the aileron pulleys that are installed on the Center Wing Spar and 
located in the Main Landing Gear (MLG) wheel bays. Investigation has 
confirmed that improper closure of the aerodynamic seals of the 
wing-to-fuselage fairings above the MLG wheel bays can cause 
rainwater, wash-water or de-icing fluid to leak onto the affected 
aileron pulleys. [The aileron pulleys on Model F.28 Mark 0070 
airplanes are identical to those installed on the Model F.28 Mark 
0100 airplanes. Therefore, those Model F.28 Mark 0070 airplanes may 
be subject to the unsafe condition revealed on the Model F.28 Mark 
0100 airplanes.] This condition, if not corrected, can lead to 
further incidents of frozen water on aileron pulleys during 
operation of the aircraft, resulting in restricted roll control and/
or higher control forces. Since an unsafe condition has been 
identified that is likely to exist or develop on other aircraft of 
the same type design, this Airworthiness Directive requires the 
inspection of the wing-to-fuselage fairings and, if necessary, the 
accomplishment of appropriate corrective action(s).

The inspection is intended to find indications of incorrect fit, 
damage, or wear. Corrective actions include a related investigative 
action (inspecting for incorrect fit, damage, or wear of the 
aerodynamic seal of the fairings, and inspecting for damage or wear 
of the abrasion resistant coating on the mating surface of the 
fuselage skin), restoring damaged abrasion-resistant coatings, 
correcting fairing positions, and replacing damaged fairing seals, 
as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD, 
inspect the wing-to-fuselage fairings for indications of incorrect 
fit, damage or wear, in accordance with the Accomplishment 
Instructions of Fokker Service Bulletin SBF100-53-101, dated 
September 30, 2005.
    (i) If no indications of incorrect fit, damage or wear are 
found, no further action is required by this AD.
    (ii) If any incorrect fit, damage or wear is found, before next 
flight, do related investigative actions and applicable corrective 
actions in accordance with the Accomplishment Instructions of the 
service bulletin.
    (2) When incorrect fit, damage or wear is found, within 30 days 
after the inspection or within 30 days after the effective date of 
the AD, whichever occurs later, report the findings to Fokker 
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE 
Nieuw-Vennep, The Netherlands.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1137; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Dutch Airworthiness Directive NL-2005-013, 
dated October 17, 2005, and Fokker Service Bulletin SBF100-53-101, 
dated September 30, 2005, for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF100-53-101, dated 
September 30, 2005, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 
AE Nieuw-Vennep, The Netherlands.
    (3) You may review copies 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-3460 Filed 2-27-08; 8:45 am]
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