[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Proposed Rules]
[Page 26329-26331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-12]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-280-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to all Fokker Model F.28 Mark
0070 and 0100 series airplanes, that currently requires revising the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to incorporate life limits for certain items and
inspections to detect fatigue cracking in certain structures. This
action would require revising the Airworthiness Limitations section of
the Instructions for Continued Airworthiness to incorporate updated
Airworthiness Limitation Items, Safe Life Items, and Certification
Maintenance Requirements. The actions specified by the proposed AD are
intended to ensure the structural integrity of the airplane by ensuring
that fatigue cracking of certain structural elements is detected and
corrected in a timely manner. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by June 11, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-280-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-280-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep,
the Netherlands. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-280-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-280-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On October 22, 2001, the FAA issued AD 2001-21-04, amendment 39-
12475 (66 FR 54656, October 30, 2001), applicable to all Fokker Model
F.28 Mark 0070 and 0100 series airplanes, to require revising the
Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness to incorporate life limits for certain items
and inspections to detect fatigue cracking in certain structures. That
action was prompted by issuance of mandatory continuing airworthiness
information by the Civil Aviation Authority--The Netherlands (CAA-NL),
which is the airworthiness authority for The Netherlands. The
requirements of that AD are intended to ensure that fatigue cracking of
certain structural elements is detected and corrected. Such fatigue
cracking could
[[Page 26330]]
adversely affect the structural integrity of the affected airplanes.
Explanation of Relevant Service Information
Fokker Services B.V. has issued Issue 2 of Report SE-623, ``Fokker
70/100 Airworthiness Limitation Items and Safe Life Items,'' dated
September 1, 2001, of the Fokker 70/100 Maintenance Review Board (MRB)
document. (The existing AD requires incorporation of the original issue
of Report SE-623, dated June 1, 2000, into the ALS of the Instructions
for Continued Airworthiness.) Issue 2 of Report SE-623 updates certain
Airworthiness Limitations Items (ALIs) and Safe Life Items (SLIs). (The
items in this report are now contained in Section 6 of the Fokker 70/
100 MRB document, Revision 10, dated October 1, 2001.)
Fokker Services B.V. has also issued Issue 5 of Report SE-473,
``Fokker 70/100 Certification Maintenance Requirements,'' dated July
16, 2001, of Appendix 1 of the Fokker 70/100 Maintenance Review Board
(MRB) document. Report SE-473, Issue 5, contains the Certification
Maintenance Requirements (CMRs) for systems on Fokker Model F.28 Mark
0070 and 0100 series airplanes. (The items in this report are now
contained in Section 6 of the Fokker 70/100 MRB document, Revision 10.)
The CAA-NL classified Reports SE-623, Issue 2, and SE-473, Issue 5,
as mandatory, and issued Dutch airworthiness directive BLA 2002-062,
dated May 31, 2002, to ensure the continued airworthiness of these
airplanes in the Netherlands.
FAA's Conclusions
These airplane models are manufactured in the Netherlands and are
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA-NL has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA-NL, reviewed all available information, and
determined that AD action is necessary for products of this type design
that are certificated for operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would supersede AD 2001-21-04 to
continue to require revising the ALS of the Instructions for Continued
Airworthiness to incorporate life limits for certain items and
inspections to detect fatigue cracking in certain structures. The
proposed AD also would require revising the Airworthiness Limitations
section of the Instructions for Continued Airworthiness to incorporate
updated ALIs, SLIs, and CMRs. The actions would be required to be
accomplished in accordance with Report SE-623, ``Fokker 70/100
Airworthiness Limitation Items and Safe Life Items,'' and Report SE-
473, ``Fokker 70/100 Certification Maintenance Requirements,''
described previously.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. Because we have now included this material in part 39, we
no longer need to include it in each individual AD. Therefore, Note 1
and paragraph (d) of AD 2001-21-04 are not included in this AD, and
paragraph (c) of AD 2001-21-04 has been revised and included as
paragraph (f) of this AD.
Cost Impact
There are approximately 74 airplanes of U.S. registry that would be
affected by this proposed AD.
The ALS revision that is currently required by AD 2001-21-04 takes
approximately 1 work hour per airplane to accomplish, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of this currently required action on U.S. operators is estimated
to be $4,810, or $65 per airplane.
The new actions that are proposed in this AD action would take
approximately 1 work hour per airplane to accomplish, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the proposed new requirement of this AD on U.S. operators is
estimated to be $4,810, or $65 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted. The cost
impact figures discussed in AD rulemaking actions represent only the
time necessary to perform the specific actions actually required by the
AD. These figures typically do not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-12475 (66 FR
54656, October 30, 2001), and by adding a new airworthiness directive
(AD), to read as follows:
Fokker Services B.V.: Docket 2002-NM-280-AD. Supersedes AD 2001-21-
04, Amendment 39-12475.
Applicability: All Model F.28 Mark 0070 and 0100 series
airplanes, certificated in any category.
[[Page 26331]]
Compliance: Required as indicated, unless accomplished
previously.
To ensure that fatigue cracking of certain structural elements
is detected and corrected, and to ensure the structural integrity of
affected airplanes, accomplish the following:
Requirements of AD 2001-21-04
Airworthiness Limitations Revision
(a) Within 30 days after December 4, 2001 (the effective date of
AD 2001-21-04, amendment 39-12475), revise the Airworthiness
Limitations section (ALS) of the Instructions for Continued
Airworthiness by incorporating Report SE-623, ``Fokker 70/100
Airworthiness Limitations Items and Safe Life Items,'' of Appendix 1
of Fokker 70/100 Maintenance Review Board (MRB) document, dated June
1, 2000.
(b) Except as provided by paragraph (c) of this AD: After the
actions specified in paragraph (a) of this AD have been
accomplished, no alternative inspections or inspection intervals may
be approved for the structural elements specified in the documents
listed in paragraph (a) of this AD.
New Requirements of This AD
New Airworthiness Limitations Revision
(c) Within 6 months after the effective date of this AD, revise
the Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness by incorporating Report SE-623, ``Fokker 70/
100 Airworthiness Limitations Items and Safe Life Items,'' Issue 2,
dated September 1, 2001; and Report SE-473, ``Fokker 70/100
Certification Maintenance Requirements,'' Issue 5, dated July 16,
2001; into Section 6 of the Fokker 70/100 MRB document. (These
reports are already incorporated into Fokker 70/100 MRB document,
Revision 10, dated October 1, 2001.) Once the actions required by
this paragraph have been accomplished, the original issue of Report
SE-623, ``Fokker 70/100 Airworthiness Limitations Items and Safe
Life Items,'' dated June 1, 2000, may be removed from the ALS of the
Instructions for Continued Airworthiness.
(d) If the requirements of paragraph (c) of this AD are
accomplished within the compliance time specified in paragraph (a)
of this AD, it is not necessary to accomplish the requirements of
paragraph (a) of this AD.
(e) After the actions specified in paragraph (c) of this AD have
been accomplished, no alternative inspections or inspection
intervals may be approved for the structural elements specified in
the documents listed in paragraph (c) of this AD.
Alternative Methods of Compliance
(f) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized
to approve alternative methods of compliance for this AD.
Note 1: The subject of this AD is addressed in Dutch
airworthiness directive 2002-062, dated May 31, 2002.
Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10743 Filed 5-11-04; 8:45 am]
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