[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Proposed Rules]
[Pages 9774-9776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4731]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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. 74, No. 43 / Friday, March 6, 2009 / Proposed 
Rules  

[[Page 9774]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0198; Directorate Identifier 2008-NM-129-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0100 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Fokker Model F.28 Mark 0100 
airplanes. The existing AD currently requires revisions to the airplane 
flight manual (AFM) to include procedures to prohibit use of reverse 
engine thrust power settings between idle and emergency maximum and to 
prohibit stabilized engine operation in a certain engine speed range on 
the ground. This proposed AD would continue to require revising the AFM 
to include certain procedures. This proposed AD would also require 
removing the normal maximum (second) detent for the reverse-thrust 
control. In addition, this proposed AD would require revising the AFM 
to prohibit use of reverse thrust in flight and to limit operation of 
Max Reverse thrust. This proposed AD results from issuance of mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. We are proposing this AD to prevent 
inadvertent operation in the prohibited stabilized engine speed range 
on the ground, which could result in uncontained engine fan blade 
failure due to high cycle fatigue cracking.

DATES: We must receive comments on this proposed AD by April 6, 2009.

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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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. You may review copies of the referenced 
service information 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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-2009-0198; 
Directorate Identifier 2008-NM-129-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 because of 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 March 5, 1998, we issued AD 98-06-07, amendment 39-10384 (63 FR 
11985, March 12, 1998), for certain Fokker Model F.28 Mark 0100 
airplanes. That AD requires revisions to the airplane flight manual 
(AFM) to include procedures to prohibit use of reverse engine thrust 
power settings between idle and emergency maximum and to prohibit 
stabilized engine operation in a certain engine speed range on the 
ground. That AD resulted from issuance of mandatory continuing 
airworthiness information by an aviation authority of another country. 
We issued that AD to prevent stabilized engine operation in a certain 
engine speed range on the ground, which could result in uncontained 
engine fan blade failure due to high cycle fatigue cracking.

Actions Since Existing AD Was Issued

    The preamble to AD 98-06-07 explains that we consider the 
requirements ``interim action'' and were considering further 
rulemaking. In concert with the European Aviation Safety Agency (EASA), 
which is the airworthiness authority for the European Union, we now 
have determined that further rulemaking is indeed necessary, and this 
proposed AD follows from that determination.

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-76-014, 
Revision 2, dated December 12, 2007. The service bulletin describes 
procedures for removing the normal maximum (second) detent for the

[[Page 9775]]

reverse-thrust control. The EASA mandated the service information and 
issued Airworthiness Directive 2008-0089, dated May 13, 2008 (referred 
to after this as ``the MCAI''), to ensure the continued airworthiness 
of these airplanes in the European Union.

FAA's Determination and Requirements of the 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.
    This proposed AD would supersede AD 98-06-07 and continue to 
require revising the AFM to include procedures prohibiting stabilized 
engine operation in a certain engine speed range on the ground. This 
proposed AD would also require removing the normal maximum (second) 
detent for the reverse-thrust control. In addition, this proposed AD 
would require revising the AFM to prohibit use of reverse thrust in 
flight and to limit operation of Max Reverse thrust.

Change to Existing AD

    This proposed AD would retain a certain requirement of AD 98-06-07. 
Since AD 98-06-07 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
        Requirement in AD 98-06-07                this proposed AD
------------------------------------------------------------------------
paragraph (b).............................  paragraph (g).
------------------------------------------------------------------------

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
AFM revision (required by AD 98-               1             $80             $80               5            $400
 06-07).........................
Removal of second detent (new                  3              80             240               5           1,200
 proposed action)...............
AFM revision (new proposed                     1              80              80               5             400
 action)........................
----------------------------------------------------------------------------------------------------------------

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 and placed it in the AD docket. 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, Incorporation by 
reference, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-10384 (63 FR 11985, March 12, 1998) and adding 
the following new airworthiness directive (AD):

Fokker Services B.V.: Docket No. FAA-2009-0198; Directorate 
Identifier 2008-NM-129-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 6, 
2009.

Affected ADs

    (b) This AD supersedes AD 98-06-07.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0100 airplanes, 
certificated in any category, equipped with Rolls-Royce (RR) TAY 
650-15 engines.

Subject

    (d) Air Transport Association (ATA) of America Code 76: Engine 
controls.

Unsafe Condition

    (e) This AD results from issuance of mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority 
of another country to identify and correct an unsafe condition on an 
aviation product. We are issuing this AD to prevent inadvertent 
operation in the prohibited stabilized engine speed range on the 
ground, which could result in uncontained engine fan blade failure 
due to high cycle fatigue cracking.

[[Page 9776]]

Compliance

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

Certain Requirement of AD 98-06-07

Airplane Flight Manual (AFM) Revision

    (g) Within 72 hours after March 27, 1998 (the effective date of 
AD 98-06-07), revise the Limitations Section of the FAA-approved AFM 
to add the following. This may be accomplished by inserting a copy 
of this AD in the AFM.

``LIMITATIONS POWERPLANT AND APU LIMITATIONS

OPERATING LIMITS

     To avoid high fan blade stresses, stabilized operation 
in the speed range between 60% and 75% Low Pressure Rotational Speed 
(N1) is not permitted during Ground Operations in Forward or Reverse 
Thrust, except that passing through this range while increasing or 
decreasing thrust is permitted.

THRUST REVERSER

    Thrust reversers are intended for ground use only. Intentional 
use of reverse thrust in flight is prohibited. After reverse thrust 
has been initiated, a full stop landing must be made.

Maximum Reverse Thrust Lever Positions

    Normal Operation:

--The idle detent position shall not be exceeded in normal 
operation.
--Momentarily exceeding the idle detent position, while selecting 
idle reverse, is acceptable.

    Emergency Operation:

--In case of emergency, the emergency maximum reverse thrust may be 
used.
--If directional control problems occur, reduce to idle reverse or 
select forward idle.
--Stabilized operation with the reverse lever in an intermediate 
position between idle reverse and emergency maximum reverse is 
prohibited, except (where approved) during Power-Back operations.''

    Note 1: Fokker Services Manual Change Notification--Operational 
Documentation (MCNO) No. F100-006, dated November 27, 1997, contains 
information that pertains to this subject. Rolls-Royce PLC Engine 
Operating Instruction Manual Reference F-TAY-3RR, revised by 
transmittal letter No. 13, dated October 15, 1997, also pertains to 
this subject.

New Actions Required by This AD

Removal of Normal Maximum Detent

    (h) Within 12 months after the effective date of this AD, remove 
the normal maximum (second) detent for the reverse-thrust control, 
in accordance with the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-76-014, Revision 2, dated December 12, 2007. 
Accomplishing the removal terminates the requirements of paragraph 
(g) of this AD.
    (i) Actions done before the effective date of this AD in 
accordance with Fokker Service Bulletin SBF100-76-014, dated October 
1, 2001; or Revision 1, dated June 1, 2002; are acceptable for 
compliance with the requirements of paragraph (h) of this AD.

AFM Revision

    (j) Concurrently with the requirements of paragraph (h) of this 
AD, revise the Limitations Section of the Fokker F.28 Mark 0100 AFM 
to include the following (this may be accomplished by inserting a 
copy of this AD into the AFM):

``THRUST REVERSERS

    Thrust reversers are intended for ground use only. Intentional 
use of reverse thrust in flight is prohibited.
    The use of Max Reverse thrust is limited to operations on short 
runways or on runways with a reduced runway surface friction 
coefficient or in emergency conditions. Max Reverse thrust shall not 
be used at airspeeds below 60 knots except in emergency conditions.
    Reverse thrust selections between Idle Reverse thrust and Max 
Reverse thrust are prohibited.''

    Note 2: Fokker Manual Change Notification--Operational 
Documentation (MCNO) F100-032, Revision 1, dated September 21, 2007, 
contains information related to the AFM revision required by 
paragraph (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k) 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.

Related Information

    (l) The European Aviation Safety Agency Airworthiness Directive 
2008-0089, dated May 13, 2008, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on February 20, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-4731 Filed 3-5-09; 8:45 am]
BILLING CODE 4910-13-P