[Federal Register: February 3, 2004 (Volume 69, Number 22)]
[Rules and Regulations]
[Page 5005-5007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe04-1]
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Rules and Regulations
Federal Register
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2004-NM-10-AD; Amendment 39-13447; AD 2004-03-03]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain Fokker Model F.28 Mark 0070 and 0100 series
airplanes. This action requires revising the applicable airplane flight
manual to provide the flightcrew with more restrictive procedures for
operating in icing conditions. This action is necessary to ensure that
the flightcrew is aware of the procedures required to prevent ice from
contacting the ice impact panels on the engine fan case. Such contact
could result in a panel coming loose during flight and blocking the
bypass flow through the engine outlet guide vanes, and consequent
reduction of the engine thrust, resulting in insufficient thrust to
maintain flight. This action is intended to address the identified
unsafe condition.
DATES: Effective February 18, 2004. Comments for inclusion in the Rules
Docket must be received on or before March 4, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2004-NM-10-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-iarcomment@faa.gov. Comments sent via the Internet must contain
``Docket No. 2004-NM-10-AD'' in the subject line and need not be
submitted in triplicate. Comments sent via fax or the Internet as
attached electronic files must be formatted in Microsoft Word 97 or
2000 or ASCII text.
Information pertaining to this AD may be examined at the FAA,
Transport Airplane Directorate, Rules Docket, 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: The Civil Aviation Authority--The
Netherlands (CAA-NL), which is the airworthiness authority for the
Netherlands, notified the FAA that an unsafe condition may exist on
certain Fokker Model F.28 Mark 0070 and 0100 series airplanes. The CAA-
NL advises that it has received reports of two incidents of separation
of ice impact panels from the engine fan case during flight. One
incident involved a Model F.28 Mark 0070 airplane and the other
incident involved a Model F.28 Mark 0100 airplane. The affected
airplanes were operating in severe icing conditions; ice released from
the engine inlet or wing and ingested into the engine has not been
excluded as a factor contributing to the separation of the ice impact
panels. The CAA-NL has determined that such incidents warrant temporary
measures and that the applicable airplane flight manual (AFM) should be
revised to provide the flightcrew with the procedures they must follow
to prevent ice from contacting the ice impact panels on the engine fan
case. Such contact could result in a panel coming loose during flight
and blocking the bypass flow through the engine outlet guide vanes, and
consequent reduction of the engine thrust, resulting in insufficient
thrust to maintain flight.
The CAA-NL issued Dutch airworthiness directive 2004-004, dated
January 15, 2004, 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 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, this AD is being issued to ensure that the
flightcrew is aware of the actions they must take to prevent ice from
contacting the ice impact panels on the engine fan case. Such contact
could result in a panel coming loose during flight and blocking the
bypass flow through the engine outlet guide vanes, and consequent
reduction of the engine thrust, resulting in insufficient thrust to
maintain flight. This AD requires revising the Normal Procedures
Section, ``Operation in Icing Conditions,'' and the Limitations
Section, ``Weather Limitations,'' of the applicable airplane flight
manual to provide the flightcrew with more restrictive procedures for
operating in icing conditions.
Interim Action
We consider this AD interim action. If final action is later
identified, we may consider further rulemaking at that time.
Difference Between Dutch Airworthiness Directive and This Rule
The Dutch airworthiness directive mandates doing the AFM revision
before the next flight of the airplane. This AD allows operators 7 days
after the effective date of this AD to complete the required AFM
revision. In
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developing an appropriate compliance time for this AD, we considered
the CAA-NL's recommendation, as well as the degree of urgency
associated with the subject unsafe condition. In light of these
factors, we find that a 7-day compliance time represents an appropriate
interval of time for affected airplanes to continue to operate without
compromising safety.
The Dutch airworthiness directive also specifies that the AFM
revision be placed in the Normal Procedures Section of the applicable
AFM. This AD requires placement of the AFM revision in both the Normal
Procedures Section and the Limitations Section of the applicable AFM.
It is our intention that operators be required to follow the procedures
specified in the AFM revision and the Limitations Section is the only
section of the AFM that is mandatory, per section 91.9 of the Code of
Federal Regulations (14 CFR part 91.9).
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
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 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 rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2004-NM-10-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from 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.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-03-03 Fokker Services B.V.: Amendment 39-13447. Docket 2004-NM-
10-AD.
Applicability: Model F.28 Mark 0070 and 0100 series airplanes;
certificated in any category; equipped with Rolls-Royce Tay620 or
Tay650 series engines and having incorporated Rolls-Royce Service
Bulletin Tay 72-1326, Revision 1, dated January 16, 1998.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that the flightcrew is aware of the procedures
required to prevent ice from contacting the ice impact panels on the
engine fan case, which could result in a panel coming loose during
flight and blocking the bypass flow through the engine outlet guide
vanes, and consequent reduction of the engine thrust, resulting in
insufficient thrust to maintain flight, accomplish the following:
Airplane Flight Manual (AFM) Revision
(a) Within 7 days after the effective date of this AD: Revise
the Normal Procedures Section, ``Operation in Icing Conditions,''
and the Limitations Section, ``Weather Limitations,'' by inserting
the procedures specified in Appendix 1 of this AD into the
applicable AFM. Thereafter, operate the airplane per the procedures
specified in the AFM revision.
Note 1: When procedures identical to those in Appendix 1 of this
AD have been incorporated into the general revisions of the AFM, the
general revisions may be incorporated into the AFM, and Appendix 1
of this AD may be removed from the AFM.
Alternative Methods of Compliance
(b) 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 2: The subject of this AD is addressed in Dutch
airworthiness directive 2004-004, dated January 15, 2004.
Effective Date
(c) This amendment becomes effective on February 18, 2004.
APPENDIX 1.
``(a) Engine anti-icing must be switched ON during all ground or
flight operations when the Total Air Temperature (TAT) is below +6
degrees C (+42 degrees F) down to and including -25 degrees C (-13
degrees F), irrespective of the presence of visible moisture; and
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(b) Airframe anti-icing system must be switched ON during flight
operations whenever any of the following conditions is valid:
(1) Icing conditions are anticipated or present; In-flight,
icing conditions are present when TAT is below +6 degrees C (+42
degrees F) down to an including -25 degrees C (-13 degrees F) and
visible moisture is present.
(2) Ice buildup is observed;
(3) The ICING alert comes on.''
Issued in Renton, Washington, on January 28, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-2106 Filed 2-2-04; 8:45 am]
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