[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Rules and Regulations]
[Page 8722-8724]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe09-8]
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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
technicalservices.fokkerservices@stork.com; 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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