[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Proposed Rules]
[Pages 64571-64573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25890]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1119; Directorate Identifier 2008-NM-112-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed 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:

    Several reports have been received about roll control problems 
due to frozen moisture on the aileron pulleys that are located in 
the LH [left-hand] and RH [right-hand] Main Landing Gear (MLG) wheel 
bays on the centre wing rear spar, under the wing to fuselage 
fairings. Investigation revealed that improper sealing of the 
aerodynamic seals of the Wing-to-Fuselage Fairings can cause rain-or 
washwater and de-icing fluids to leak onto the affected aileron 
pulleys. Exposure of the aileron pulleys to the leaked moisture in 
freezing condition can result in restricted aileron control movement 
(partly jammed) and/or higher control forces. This condition, if not 
corrected, could lead to partial loss of control of the aircraft. * 
* *

* * * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 1, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1119; 
Directorate Identifier 2008-NM-112-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On February 15, 2008, we issued AD 2008-04-22, Amendment 39-15394 
(73 FR 10650, February 28, 2008). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2008-04-22, new reports of problems due to 
freezing moisture in the same area addressed by AD 2008-04-22 have been 
received. The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2008-0079, dated April 24, 2008 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:


[[Page 64572]]


    Several reports have been received about roll control problems 
due to frozen moisture on the aileron pulleys that are located in 
the LH [left-hand] and RH [right-hand] Main Landing Gear (MLG) wheel 
bays on the centre wing rear spar, under the wing to fuselage 
fairings. Investigation revealed that improper sealing of the 
aerodynamic seals of the Wing-to-Fuselage Fairings can cause rain-or 
washwater and de-icing fluids to leak onto the affected aileron 
pulleys. Exposure of the aileron pulleys to the leaked moisture in 
freezing condition can result in restricted aileron control movement 
(partly jammed) and/or higher control forces. This condition, if not 
corrected, could lead to partial loss of control of the aircraft. To 
address this unsafe condition, Fokker Services originally introduced 
SBF100-53-101 which was made mandatory through CAA Netherlands (CAA-
NL) AD NL-2005-013 [which corresponds to FAA AD 2008-04-22, 
amendment 39-15394] with a compliance time of 12 months after 
November 1, 2005.
    Following this, new reports of problems due to freezing moisture 
in the same area have been received. This has prompted Fokker 
Services to publish SBF100-53-107, which introduces an additional 
one-time inspection [for deviations] of the aerodynamic seals of the 
Wing-to-Fuselage Fairings and the application of an improved sealing 
of the aerodynamic seal by means of a fillet seam between the upper 
left and right fairings and the fuselage skin.
    For the reasons described above, this EASA AD supersedes CAA-NL 
AD NL-2005-013 and requires an additional one-time inspection [for 
deviations] and application of improved sealing.

This action retains the inspection in AD 2008-04-22. Doing the 
additional inspection terminates the requirement to do the inspection 
required by the existing AD. The additional inspection for deviations 
includes inspecting for fit between the left-hand and right-hand wing-
to-fuselage fairings and the fuselage skin; inspecting for damage to 
the aerodynamic seal on the fairings; inspecting for fit of the 
aerodynamic seal to the fuselage; and related investigative and 
corrective actions if necessary. The related investigative actions 
include inspecting the aerodynamic seal for damage (including wear); 
inspecting the abrasion resistant coating for damage (including wear); 
and re-inspecting for fit. The corrective actions include installing a 
new seal, restoring the protective coating, correcting the position of 
the fairing, and sealing the gaps between the fairings and the 
surrounding structure. You may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-53-
107, dated February 26, 2008. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 7 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $1,680, or $240 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 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 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. 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 and placed it in the AD docket.

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 removing Amendment 39-15394 (73 FR 
10650, February 28, 2008) and adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2008-1119; Directorate 
Identifier 2008-NM-112-AD.

Comments Due Date

    (a) We must receive comments by December 1, 2008.

Affected ADs

    (b) The proposed AD supersedes AD 2008-04-22, Amendment 39-
15394.

[[Page 64573]]

Applicability

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

Subject

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

Reason

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

    Several reports have been received about roll control problems 
due to frozen moisture on the aileron pulleys that are located in 
the LH [left-hand] and RH [right-hand] Main Landing Gear (MLG) wheel 
bays on the centre wing rear spar, under the wing to fuselage 
fairings. Investigation revealed that improper sealing of the 
aerodynamic seals of the Wing-to-Fuselage Fairings can cause rain-or 
washwater and de-icing fluids to leak onto the affected aileron 
pulleys. Exposure of the aileron pulleys to the leaked moisture in 
freezing condition can result in restricted aileron control movement 
(partly jammed) and/or higher control forces. This condition, if not 
corrected, could lead to partial loss of control of the aircraft. To 
address this unsafe condition, Fokker Services originally introduced 
SBF100-53-101 which was made mandatory through CAA Netherlands (CAA-
NL) AD NL-2005-013 [which corresponds to FAA AD 2008-04-22] with a 
compliance time of 12 months after November 1, 2005.
    Following this, new reports of problems due to freezing moisture 
in the same area have been received. This has prompted Fokker 
Services to publish SBF100-53-107, which introduces an additional 
one-time inspection [for deviations] of the aerodynamic seals of the 
Wing-to-Fuselage Fairings and the application of an improved sealing 
of the aerodynamic seal by means of a fillet seam between the upper 
left and right fairings and the fuselage skin.
    For the reasons described above, this EASA AD supersedes CAA-NL 
AD NL-2005-013 and requires an additional one-time inspection [for 
deviations] and application of improved sealing.

This action retains the inspection in AD 2008-04-22. Doing the 
additional inspection terminates the requirement to do the 
inspection required by the existing AD. The additional inspection 
for deviations includes inspecting for fit between the left-hand and 
right-hand wing-to-fuselage fairings and the fuselage skin; 
inspecting for damage to the aerodynamic seal on the fairings; 
inspecting for fit of the aerodynamic seal to the fuselage; and 
related investigative and corrective actions if necessary. The 
related investigative actions include inspecting the aerodynamic 
seal for damage (including wear); inspecting the abrasion resistant 
coating for damage (including wear); and re-inspecting for fit. The 
corrective actions include installing a new seal, restoring the 
protective coating, correcting the position of the fairing, and 
sealing the gaps between the fairings and the surrounding structure.

Restatement of Certain Requirements of AD 2008-04-22

    (f) Unless already done: Within 12 months after April 3, 2008 
(the effective date of AD 2008-04-22), 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 (``the service 
bulletin''). Doing the inspection required by paragraph (g) of this 
AD terminates the actions required by this paragraph.
    (1) If no indications of incorrect fit, damage, or wear are 
found, no further action is required by this paragraph.
    (2) 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.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done: Within 12 months after the effective 
date of this AD, inspect for deviations of the aerodynamic seal of 
the wing-to-fuselage fairings and the fuselage skin, do all 
applicable related investigative and corrective actions, and apply a 
fillet seam between the fairings and the fuselage skin, in 
accordance with the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-53-107, dated February 26, 2008. Do all applicable 
related investigative and corrective actions before further flight. 
Accomplishment of this inspection terminates the actions required by 
paragraph (f) 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

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, 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

    (i) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0079, dated April 24, 2008; Fokker Service Bulletin 
SBF100-53-101, dated September 30, 2005; and Fokker Service Bulletin 
SBF100-53-107, dated February 26, 2008; for related information.

    Issued in Renton, Washington, on October 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-25890 Filed 10-29-08; 8:45 am]
BILLING CODE 4910-13-P