[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21233-21235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8256]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0117; Directorate Identifier 2007-NM-273-AD; 
Amendment 39-15472; AD 2008-08-18]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and Mark 
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:

    [L]eakage of hot wing anti-icing air from the Peri-seal housing. 
This results in an uncontrolled flow of high-pressure hot air to 
enter the forward (anti-icing) plenum chamber of the wing leading 
edge, potentially damaging the anti-icing barrier webs. 
Subsequently, the wing auxiliary spar can also be damaged by high-
pressure hot air. * * * [D]eterioration of the Peri-seals enables 
the piccolo tubes to vibrate, resulting in a broken piccolo tube. * 
* * This condition, if not corrected, may cause heat damage to the 
front spar that potentially affects the wing's load capability.

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

DATES: This AD becomes effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 27, 2008.

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

[[Page 21234]]

apply to the specified products. That NPRM was published in the Federal 
Register on February 5, 2008 (73 FR 6629). That NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    In 1997, Fokker introduced a new type of Peri-seal (SBF100-30-
022). The old type was known to be subject to deterioration, which, 
in combination with improper installation, can cause leakage of hot 
wing anti-icing air from the Peri-seal housing. This results in an 
uncontrolled flow of high-pressure hot air to enter the forward 
(anti-icing) plenum chamber of the wing leading edge, potentially 
damaging the anti-icing barrier webs. Subsequently, the wing 
auxiliary spar can also be damaged by high-pressure hot air. 
Analysis at the time showed that any resulting damage (known to 
occur at inboard positions only) would not affect the wing load 
capability. For this reason, the modification was not classified as 
MANDATORY and no AD action was warranted. However, through a recent 
occurrence, it was discovered that deterioration of the Peri-seals 
enables the piccolo tubes to vibrate, resulting in a broken piccolo 
tube. In this case, the location of the failure was more outboard 
than previous occurrences. This condition, if not corrected, may 
cause heat damage to the front spar that potentially affects the 
wing's load capability. Since an unsafe condition was identified, 
likely to exist or develop on an aircraft of this type design, CAA 
(Civil Aviation Authority) Netherlands issued AD NL-2006-011 to 
require inspection of the Piccolo Tubes and the surrounding 
structure to establish correct installation, as well as the 
replacement of the 460-series Peri-seals by the improved 600-series, 
which have a higher temperature limit.
    Since the issuance of that AD, Fokker has developed a 
modification, published as Component Service Bulletin (CSB) D14000-
57-007, for spare wing leading edge sections that may still contain 
the 460-series Peri-seals. For that reason, this EASA AD retains the 
requirements of AD NL-2006-011 and adds a limit for the allowed use 
of unmodified wing leading edge section as replacement part.

    The corrective actions include inspection of the piccolo tubes and 
the wing leading edge for damage, and replacement of the Peri-seals, or 
repair of damage, as applicable. 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 9 products of U.S. 
registry. We also estimate that it will take about 48 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $3,430 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $65,430, or $7,270 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:

2008-08-18 Fokker Services B.V.: Amendment 39-15472. Docket No. FAA-
2008-0117; Directorate Identifier 2007-NM-273-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 27, 
2008.

Affected ADs

    (b) None.

[[Page 21235]]

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and Mark 0100 
airplanes, certificated in any category, all serial numbers, except 
those previously modified in accordance with Fokker Service Bulletin 
SBF100-30-022.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    In 1997, Fokker introduced a new type of Peri-seal (SBF100-30-
022). The old type was known to be subject to deterioration, which, 
in combination with improper installation, can cause leakage of hot 
wing anti-icing air from the Peri-seal housing. This results in an 
uncontrolled flow of high-pressure hot air to enter the forward 
(anti-icing) plenum chamber of the wing leading edge, potentially 
damaging the anti-icing barrier webs. Subsequently, the wing 
auxiliary spar can also be damaged by high-pressure hot air. 
Analysis at the time showed that any resulting damage (known to 
occur at inboard positions only) would not affect the wing load 
capability. For this reason, the modification was not classified as 
MANDATORY and no AD action was warranted. However, through a recent 
occurrence, it was discovered that deterioration of the Peri-seals 
enables the piccolo tubes to vibrate, resulting in a broken piccolo 
tube. In this case, the location of the failure was more outboard 
than previous occurrences. This condition, if not corrected, may 
cause heat damage to the front spar that potentially affects the 
wing's load capability. Since an unsafe condition was identified, 
likely to exist or develop on an aircraft of this type design, CAA 
(Civil Aviation Authority) Netherlands issued AD NL-2006-011 to 
require inspection of the Piccolo Tubes and the surrounding 
structure to establish correct installation, as well as the 
replacement of the 460-series Peri-seals by the improved 600-series, 
which have a higher temperature limit.
    Since the issuance of that AD, Fokker has developed a 
modification, published as Component Service Bulletin (CSB) D14000-
57-007, for spare wing leading edge sections that may still contain 
the 460-series Peri-seals. For that reason, this EASA AD retains the 
requirements of AD NL-2006-011 and adds a limit for the allowed use 
of unmodified wing leading edge section as replacement part.

    The corrective actions include inspection of the piccolo tubes 
and the wing leading edge for damage, and replacement of the Peri-
seals, or repair of damage, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 4,000 flight hours or 12 months after the effective 
date of this AD, whichever occurs first, do the actions in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD in accordance with 
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
30-028, Revision 1, dated April 17, 2007.
    (i) Inspect for damage of the piccolo tubes and the wing leading 
edge on the outside and on the inside at the access panels. If any 
damage is found that is beyond the limits specified in the service 
bulletin, repair before further flight.
    (ii) Replace the 460-series Peri-seals in the riblets with 
improved 600-series Peri-seals.
    (2) As of 12 months after the effective date of this AD, no 
person may install on any airplane a spare wing leading edge section 
unless the leading edge section has been modified in accordance with 
Fokker Component Service Bulletin D14000-57-007, dated April 17, 
2007.
    (3) Actions done before the effective date of this AD in 
accordance with Fokker Service Bulletin SBF100-30-028, dated May 18, 
2006, are considered acceptable for compliance with the actions 
required by paragraph (f)(1) of this AD.

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, Transport Airplane Directorate, 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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0229, dated August 15, 2007; Fokker 
Service Bulletin SBF100-30-028, Revision 1, dated April 17, 2007; 
and Fokker Component Service Bulletin D14000-57-007, dated April 17, 
2007; for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF100-30-028, Revision 
1, dated April 17, 2007, 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 April 8, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8256 Filed 4-18-08; 8:45 am]
BILLING CODE 4910-13-P