[Federal Register: March 15, 2005 (Volume 70, Number 49)]
[Proposed Rules]
[Page 12612-12614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr05-11]
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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.
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[[Page 12612]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20594; Directorate Identifier 2004-NM-213-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Fokker Model F.28 series airplanes. This proposed AD would
require a one-time inspection of the area underneath the auxiliary
power unit (APU) enclosure to determine if drain tubes in the area are
correctly installed and to detect damaged wiring, and corrective action
if necessary. This proposed AD is prompted by a report of a fire under
the APU enclosure. We are proposing this AD to prevent fuel from
accumulating under the APU enclosure, which, in the presence of an
ignition source, could result in a fire.
DATES: We must receive comments on this proposed AD by April 14, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide Rulemaking Web Site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
By Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, the
Netherlands.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20594; the directorate identifier for this docket is
2004-NM-213-AD.
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
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20594;
Directorate Identifier 2004-NM-213-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
The Civil Aviation Authority--The Netherlands (CAA-NL), which is
the airworthiness authority for the Netherlands, notified us that an
unsafe condition may exist on all Fokker Model F.28 series airplanes.
The CAA-NL advises of an incident of a fire under the enclosure of the
auxiliary power unit (APU). The flightcrew had received an APU fire
warning following a successful APU start during taxiing. After the
flightcrew shut down the APU and discharged the APU fire extinguisher,
fire was subsequently observed at the APU overboard drain holes. The
fire was extinguished by airport fire services. Investigation revealed
that one of the APU drains was not connected properly, which had
allowed fuel to accumulate under the APU enclosure. It is possible that
the drain was not reconnected properly following maintenance activity
in the area. Due to the extent of the fire damage, the ignition source
has not been identified, but the fire may have been caused by sparks
generated by damaged wiring underneath the APU enclosure. Accumulation
of fuel under the APU enclosure, if not corrected, and if in the
presence of an ignition source, could result in a fire.
Relevant Service Information
Fokker Services B.V. has issued Fokker Service Bulletins SBF100-49-
036 (for Fokker Model F.28 Mark 0070 and 0100 series airplanes) and
F28/49-038 (for the other Fokker Model F.28 series airplanes), both
dated April 26, 2004. The service bulletins describe procedures for
these one-time inspections of the area underneath the APU enclosure:
A visual inspection to determine if the left- and right-
hand engine drain
[[Page 12613]]
tubes and the APU enclosure drain tube are correctly installed.
A visual inspection to detect any damage, including, but
not limited to, chafing, of the wiring in the area.
The corrective action if any drain tube is not correctly installed
is to correctly install the drain tube and to remove any fuel that has
accumulated under the APU enclosure. Corrective action if any damaged
wiring is found is to repair the wiring. Accomplishing the actions
specified in the service information is intended to adequately address
the unsafe condition. The CAA-NL mandated the service information and
issued Dutch airworthiness directive 2004-059, dated April 29, 2004, to
ensure the continued airworthiness of these airplanes in the
Netherlands.
FAA's Determination and Requirements of the Proposed AD
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. We have examined the CAA-
NL's findings, evaluated all pertinent information, and determined that
we need to issue an AD for products of this type design that are
certificated for operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.
Clarification of Inspection Terminology
The service bulletins specify a visual inspection of the area
underneath the APU enclosure to determine if drain tubes in the area
are correctly installed and to detect damaged wiring. We have
determined that the inspection procedures specified in the service
bulletins constitute a general visual inspection. Note 1 of this
proposed AD defines this type of inspection.
Costs of Compliance
This proposed AD would affect about 4 airplanes of U.S. registry.
The proposed actions would take about 1 work hour per airplane, at an
average labor rate of $65 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $260, or $65
per airplane.
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. 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, 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 adding the following new
airworthiness directive (AD):
Fokker Services B.V.: Docket No. FAA-2005-20594; Directorate
Identifier 2004-NM-213-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by April 14, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Model F.28 series airplanes,
certificated in any category.
Unsafe Condition
(d) This AD was prompted by a report of a fire under the APU
enclosure. We are issuing this AD to prevent fuel from accumulating
under the APU enclosure, which, in the presence of an ignition
source, could result in a fire.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspections
(f) Within 6 months after the effective date of this AD, perform
a one-time general visual inspection of the area underneath the APU
enclosure to determine if the left- and right-hand engine drain
tubes and the APU enclosure drain tube are correctly installed, and
to detect any damage, including, but not limited to, chafing of the
wiring in the area. Do the inspection in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-49-036
(for Fokker Model F.28 Mark 0070 and 0100 series airplanes) or F28/
49-038 (for all other Fokker Model F.28 series airplanes), both
dated April 26, 2004, as applicable.
(1) If any drain tube is not correctly installed: Before further
flight, correctly install the drain tube and remove any fuel that
has accumulated under the APU enclosure, in accordance with the
Accomplishment Instructions of the applicable service bulletin.
(2) If any damaged wiring is found: Before further flight,
repair the wiring in accordance with the Accomplishment Instructions
of the applicable service bulletin.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
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droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Alternative Methods of Compliance (AMOCs)
(g) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
Related Information
(h) Dutch airworthiness directive 2004-059, dated April 29,
2004, also addresses the subject of this AD.
Issued in Renton, Washington, on March 7, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-5011 Filed 3-14-05; 8:45 am]
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