

[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Proposed Rules]               
[Page 70249-70251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de07-13]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0300; Directorate Identifier 2007-NM-191-AD]
RIN 2120-AA64

 
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    Reports have been received from Fokker 100 (F28 Mark 0100) 
operators where the crew experienced difficulties with roll control. 
Analysis suggests that these phenomena are due to frozen water on 
the aileron pulleys that are installed on the Center Wing Spar and 
located in the Main Landing Gear (MLG) wheel bays. Investigation has 
confirmed that improper closure of the aerodynamic seals of the 
wing-to-fuselage fairings above the MLG wheel bays can cause 
rainwater, wash-water or de-icing fluid to leak onto the affected 
aileron pulleys. This condition, if not corrected, can lead to 
further incidents of frozen water on aileron pulleys during 
operation of the aircraft, resulting in restricted roll control and/
or higher control forces. * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 10, 
2008.

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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
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-2007-0300; 
Directorate Identifier 2007-NM-191-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 based on 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

    The Civil Aviation Authority--The Netherlands (CAA-NL), which is 
the aviation authority for the Netherlands, has issued Dutch 
Airworthiness Directive NL-2005-013, dated October 17, 2005 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Reports have been received from Fokker 100 (F28 Mark 0100) 
operators where the crew experienced difficulties with roll control. 
Analysis suggests that these phenomena are due to frozen water on 
the aileron pulleys that are installed on the Center Wing Spar and 
located in the Main Landing Gear (MLG) wheel bays. Investigation has 
confirmed that improper closure of the aerodynamic seals of the 
wing-to-fuselage fairings above the MLG wheel bays can cause 
rainwater, wash-water or de-icing fluid to leak onto the affected 
aileron pulleys. [The aileron pulleys on Model F.28 Mark 0070 
airplanes are identical to those installed on the Model F.28 Mark 
0100 airplanes. Therefore, those Model F.28 Mark 0070 airplanes may 
be subject to the unsafe condition revealed on the Model F.28 Mark 
0100 airplanes.] This condition, if not corrected, can lead to 
further incidents of frozen water on aileron pulleys during 
operation of the aircraft, resulting in restricted roll control and/
or higher control forces. Since an unsafe condition has been 
identified that is likely to exist or develop on other aircraft of 
the same type design, this Airworthiness Directive requires the 
inspection of the wing-to-fuselage fairings and, if necessary, the 
accomplishment of appropriate corrective action(s).

    The inspection is intended to find indications of incorrect fit, 
damage, or wear. Corrective actions include a related investigative 
action (inspecting for incorrect fit, damage, or wear of the 
aerodynamic seal of the fairings, and inspecting for damage or wear of 
the

[[Page 70250]]

abrasion resistant coating on the mating surface of the fuselage skin), 
restoring damaged abrasion-resistant coatings, correcting fairing 
positions, and replacing damaged fairing seals. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-53-101, 
dated September 30, 2005. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 12 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $960, or $80 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 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 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. 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.

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 AD:

Fokker Services B.V.: Docket No. FAA-2007-0300; Directorate 
Identifier 2007-NM-191-AD.

Comments Due Date

    (a) We must receive comments by January 10, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and 0100 
airplanes, certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Reports have been received from Fokker 100 (F28 Mark 0100) 
operators where the crew experienced difficulties with roll control. 
Analysis suggests that these phenomena are due to frozen water on 
the aileron pulleys that are installed on the Center Wing Spar and 
located in the Main Landing Gear (MLG) wheel bays. Investigation has 
confirmed that improper closure of the aerodynamic seals of the 
wing-to-fuselage fairings above the MLG wheel bays can cause 
rainwater, wash-water or de-icing fluid to leak onto the affected 
aileron pulleys. [The aileron pulleys on Model F.28 Mark 0070 
airplanes are identical to those installed on the Model F.28 Mark 
0100 airplanes. Therefore, those Model F.28 Mark 0070 airplanes may 
be subject to the unsafe condition revealed on the Model F.28 Mark 
0100 airplanes.] This condition, if not corrected, can lead to 
further incidents of frozen water on aileron pulleys during 
operation of the aircraft, resulting in restricted roll control and/
or higher control forces. Since an unsafe condition has been 
identified that is likely to exist or develop on other aircraft of 
the same type design, this Airworthiness Directive requires the 
inspection of the wing-to-fuselage fairings and, if necessary, the 
accomplishment of appropriate corrective action(s).

The inspection is intended to find indications of incorrect fit, 
damage, or wear. Corrective actions include a related investigative 
action (inspecting for incorrect fit, damage, or wear of the 
aerodynamic seal of the fairings, and inspecting for damage or wear 
of the abrasion resistant coating on the mating surface of the 
fuselage skin), restoring damaged abrasion-resistant coatings, 
correcting fairing positions, and replacing damaged fairing seals, 
as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD, 
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.

[[Page 70251]]

    (i) If no indications of incorrect fit, damage or wear are 
found, no further action is required by this AD.
    (ii) 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.
    (2) When incorrect fit, damage or wear is found, within 30 days 
after the inspection or within 30 days after the effective date of 
the AD, whichever occurs later, report the findings to Fokker 
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE 
Nieuw-Vennep, The Netherlands.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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 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

    (h) Refer to MCAI Dutch Airworthiness Directive NL-2005-013, 
dated October 17, 2005, and Fokker Service Bulletin SBF100-53-101, 
dated September 30, 2005, for related information.

    Issued in Renton, Washington, on November 30, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E7-23950 Filed 12-10-07; 8:45 am]

BILLING CODE 4910-13-P
