[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8722-8724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1119; Directorate Identifier 2008-NM-112-AD; 
Amendment 39-15800; AD 2009-02-10]
RIN 2120-AA64


Airworthiness Directives; Fokker 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 superseding an existing 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:

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

DATES: This AD becomes effective April 2, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 2, 
2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
3, 2008 (73 FR 10650, February 28, 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, Transport Airplane Directorate, FAA, 
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 October 30, 2008 (73 
FR 64571) and proposed to supersede AD 2008-04-22, Amendment 39-15394 
(73 FR 10650, February 28, 2008). That NPRM proposed to correct an 
unsafe condition for the specified products. The 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 doing 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.

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

[[Page 8723]]

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 7 products of U.S. 
registry. We also estimate that it will take about 3 work-hours 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 $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 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 removing Amendment 39-15394 (73 FR 
10650, February 28, 2008) and adding the following new AD:

2009-02-10 Fokker Services B.V.: Amendment 39-15800. Docket No. FAA-
2008-1119; Directorate Identifier 2008-NM-112-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 2, 
2009.

Affected ADs

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

Applicability

    (c) This AD applies to Fokker Model 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 
doing 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.

[[Page 8724]]

    (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 1: 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.

Material Incorporated by Reference

    (j) You must use Fokker Service Bulletin SBF100-53-101, dated 
September 30, 2005; and Fokker Service Bulletin SBF100-53-107, dated 
February 26, 2008; as applicable; 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 Fokker Service Bulletin SBF100-53-107, 
dated February 26, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Fokker Service Bulletin SBF100-53-101, 
dated September 30, 2005, on April 3, 2008 (73 FR 10650, February 
28, 2008).
    (3) 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; telephone +31 (0)252-627-350; fax 
+31 (0)252-627-211; e-mail 
[email protected]; Internet http://www.myfokkerfleet.com.
    (4) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information 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 .

    Issued in Renton, Washington, on January 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3365 Filed 2-25-09; 8:45 am]
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