63260 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Rules and Regulations

By Order of the Board of Directors.

Dated at Washington, D.C., this 12th day of

November, 1997.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 97–30860 Filed 11–26–97; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–29–AD; Amendment

39–10223; AD 97–24–16]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 0070 and 0100 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0070 and 0100 series airplanes,

that requires a one-time operational test

of a certain pitot heating system, repair

or replacement of failed elements, and

repair or replacement of the pitot

heating system with a new improved

system. This amendment also requires

installation of new power supply wiring

with increased gauge thickness, and a

circuit breaker with an increased

amperage rating. This amendment is

prompted by the issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent icing of the No. 1

pitot tube, which could result in failure

of the No. 1 Air Data Computer, or

output of erroneous airspeed data to all

on-side subsidiary systems, including

the Automatic Flight Control and

Augmentation System.

DATES: Effective January 2, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 2,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from 95–NM–29–AD. This information

may be examined at the Federal

Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Fokker

Model F28 Mark 0070 and 0100 series

airplanes was published as a

supplemental notice of proposed

rulemaking (NPRM) in the Federal

Register on February 3, 1997 (62 FR

4944). That action proposed to require

a one-time operational test of the No. 1

pitot heating system, repair or

replacement of failed elements, and

repair or replacement of the pitot

heating system with a new improved

system. That action also proposed to

require installation of new power

supply wiring with increased gauge

thickness, and a circuit breaker with an

increased amperage rating.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter supports the

proposed rule.

Requests To Extend the Compliance

Time for Replacement of Pitot Tube

Two commenters request that the

compliance time, specified in paragraph

(b)(2) of the proposed AD, for

accomplishing the replacement of the

pitot tube and associated electrical

modifications be extended from the

proposed 18 months to 24 months. The

commenters state that such an extension

will allow the replacement to be

accomplished during a regularly

scheduled heavy maintenance check for

all but 7 of its affected airplanes, and

thereby minimize any additional

expenses that would be associated with

special scheduling.

The FAA does not concur with the

commenters’ request. In developing an

appropriate compliance time for this

action, the FAA considered not only the

degree of urgency associated with

addressing the subject unsafe condition,

but the manufacturer’s and foreign

airworthiness authority’s

recommendations as to an appropriate

compliance time, the availability of

required parts, and the practical aspect

of installing the required replacement

within an interval of time that parallels

the normal scheduled maintenance for

the majority of affected operators. The

FAA has determined that the

compliance time, as proposed,

represents the maximum interval of

time allowable for the affected airplanes

to continue to operate prior to

accomplishing the required replacement

without compromising safety. In

addition, the commenters have not

provided any data to substantiate why

an extension of the compliance time

would not compromise safety.

In consideration of all of these factors,

and in consideration of the amount of

time that has already elapsed since

issuance of the original NPRM, the FAA

has determined that further delay of this

modification is not appropriate.

However, under the provisions of

paragraph (d) of the final rule, the FAA

may approve requests for adjustments to

the compliance time if data are

submitted to substantiate that such an

adjustment would provide an acceptable

level of safety.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 129 Fokker

Model F28 Mark 0100 and 0070 series

airplanes of U.S. registry will be affected

by this AD.

The required operational check will

take approximately 1 work hour per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact for the

operational check required by this AD

on U.S. operators is estimated to be

$7,740, or $60 per airplane.

The required replacement of the pitot

heating system will take approximately

36 work hours per airplane, at an

average labor rate of $60 per work hour.

Required parts will cost approximately

$16,000 per airplane. Based on these

figures, the cost impact of this

replacement required by this AD on U.S.

operators is estimated to be $18,160 per

airplane.

For airplanes on which replacement

of the pitot heating system has been

accomplished previously, the required

installation of the power supply

electrical wiring and circuit breaker will

take approximately 12 work hours per

airplane, at an average labor rate of $60

per work hour. Required parts will cost

approximately $350 per airplane. Based

on these figures, the cost impact is

estimated to be $1,070 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish
Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Rules and Regulations 63261

those actions in the future if this AD

were not adopted.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under 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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it 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, Incorporation by reference,

Safety.

Adoption of the Amendment

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

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–24–16 Fokker: Amendment 39–10223.

Docket 95–NM–29–AD.

Applicability: Model F28 Mark 0070 and

0100 series airplanes, certificated in any

category, and having the following serial

numbers:

11244 through 11495, inclusive;

11497 through 11507, inclusive;

11509;

11511 through 11517, inclusive;

11519 through 11523, inclusive;

11527 through 11529, inclusive;

11532;

11536 through 11541, inclusive;

11543;

11545;

11547;

11549;

11551;

11553 through 11565, inclusive;

11567;

11570;

11573; and

11574.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent icing of the No. 1 pitot tube,

which could result in failure of the No. 1 Air

Data Computer (ADC #1) or output of

erroneous airspeed data to all on-side

subsidiary systems, including the Automatic

Flight Control and Augmentation System

(AFCAS), accomplish the following:

(a) For airplanes that have type 853JB pitot

tubes installed: Within 30 days after the

effective date of this AD, perform an

operational test of the No. 1 pitot heating

system in accordance with Part 1 of the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–30–015, Revision 2,

dated January 25, 1995.

(1) If the pitot heating system passes the

operational test, accomplish the requirements

of either paragraph (b)(1) or (b)(2) of this AD,

as applicable, at the time specified.

(2) If any pitot tube heating element is

found to be inoperative, prior to further

flight, repair or replace the failed element

with a serviceable element, in accordance

with the Fokker 100 Aircraft Maintenance

Manual (AMM).

(b) For airplanes on which Fokker Service

Bulletin SBF100–30–017, dated August 23,

1995, has not been accomplished: At the

applicable time specified in either paragraph

(b)(1) or (b)(2) of this AD, replace the type

853JB or type 853KK No. 1 pitot tube, with

a type 853BR pitot tube; and install the

inverter, current sensor, wiring, and circuit

breaker; in accordance with Fokker Service

Bulletin SBF100–30–019, dated June 20,

1996.

(1) For airplanes with the flight warning

system (FWS) speed comparator not activated

and with a type 853JB No. 1 pitot tube

installed: Accomplish the replacement

within 9 months after the effective date of

this AD.

(2) For airplanes with the FWS speed

comparator activated or with a type 853KK

No. 1 pitot tube installed: Accomplish the

replacement within 18 months after the

effective date of this AD.

(c) For airplanes on which Fokker Service

Bulletin SBF100–30–017, dated August 23,

1995, has been accomplished, either in

service or factory-incorporated: Within 18

months after the effective date of this AD,

replace the No. 1 pitot heating circuit breaker

and modify the power supply electrical

wiring, in accordance with Fokker Service

Bulletin SBF100–30–020, dated June 20,

1996.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(f) The actions shall be done in accordance

with Fokker Service Bulletin SBF100–30–

015, Revision 2, dated January 25, 1995;

Fokker Service Bulletin SBF100–30–019,

dated June 20, 1996; and Fokker Service

Bulletin SBF100–30–020, dated June 20,

1996. Revision 2 of Fokker Service Bulletin

SBF100–30–015 contains the following list of

effective pages:

Page No. Revision level shown

on page Date shown on page

1, 3, 9, 15, 17, 18, 22, 35, 36, 38 .................................................................................................... 2 ................................ January 25, 1995.

2, 12, 14, 16, 25, 26, 30–32, 37 ...................................................................................................... 1 ................................ September 14, 1994.

4–8, 10, 11, 13, 19–21, 23, 24, 27–29, 33, 34, 39 ......................................................................... Original ...................... July 7, 1994.
63262 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Rules and Regulations

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Fokker Services B.V., Technical

Support Department, P.O. Box 75047, 1117

ZN Schiphol Airport, The Netherlands.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Netherlands airworthiness directive BLA

94–114(A), dated August 5, 1994.

(g) This amendment becomes effective on

January 2, 1998.

Issued in Renton, Washington, on

November 19, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31021 Filed 11–26–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–185–AD; Amendment

39–10218; AD 97–24–11]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that requires

repetitive inspections of certain flanges

and finger strips at rib 5.0 of the vertical

stabilizer to detect fatigue cracking, and

repairs, if necessary. This amendment

also requires modifications that would

strengthen the torsion box at rib 5.0 and

prevent fatigue cracking; one of these

modifications constitutes terminating

action for the repetitive inspections.

This amendment is prompted by reports

indicating that, during full-scale fatigue

testing, cracking has been found on the

vertical stabilizer of the test article. The

actions specified by this AD are

intended to detect and prevent fatigue

cracking in the subject area, which, if

not corrected, could reduce the

structural integrity of the vertical

stabilizer.

DATES: Effective January 2, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 2,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Fokker Services B.V., Technical

Support Department, P.O. Box 75047,

1117 ZN Schiphol Airport, The

Netherlands. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Fokker

Model F28 Mark 0100 series airplanes

was published in the Federal Register

on January 14, 1997 (62 FR 1866). That

action proposed to require repetitive

eddy current inspections to detect

fatigue cracking of the left-hand and

right-hand flanges and finger strips at

rib 5.0 of the vertical stabilizer, and

repair, if necessary. That action also

proposed to require modification of rib

5.0 by the installation of a stiffener to

the torsion box; this modification would

be preceded by an eddy current

inspection to detect fatigue cracking,

and repair, if necessary.

Accomplishment of this modification

constitutes terminating action for the

repetitive inspection requirements. In

addition, that action proposed to require

another modification of rib 5.0 by coldexpanding certain bolt holes on the

torsion box.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

One commenter supports the

proposed rule.

Requests To Extend the Compliance

Time

Two commenters request that the

compliance time for accomplishing the

proposed eddy current inspection and

modification of rib 5.0 of the vertical

stabilizer [required by paragraphs (b)(1)

and (b)(2) of the proposed AD,

respectively] be extended from ‘‘prior to

the accumulation of 13,500 total

landings, or within 6 months * * * ’’ to

‘‘prior to the accumulation of 16,000

total landings or within 12 months.’’

One of these commenters states that it

is currently performing the subject

inspection and modification during its

F100 ‘‘Q’’ check visit, which is currently

scheduled at 16,000 flight hours or

16,000 landings, whichever occurs first.

The commenter also states that ten of its

airplanes, which have accumulated

between 10,972 and 14,976 flight cycles,

have been inspected and modified. This

commenter points out that no cracks

have been detected on these airplanes.

This commenter contends that

accomplishment of the repetitive

inspections required by paragraph (a) of

the proposed AD at 2,000 flight cycle

intervals will assure that the required

level of safety is maintained.

The FAA does not concur with the

commenters’ request to extend the

compliance time. The FAA points out

that the proposed compliance time of

paragraphs (b)(1) and (b)(2) of the AD

was developed in consideration of not

only the degree of urgency associated

with addressing the unsafe condition,

but such factors as the manufacturer’s

and the foreign airworthiness

authority’s [i.e., Rijksluchtvaartdienst

(RLD)] recommendations, the

availability of required parts, and the

practical aspect of installing the

required modification within an interval

of time that parallels normal scheduled

maintenance for the majority of affected

operators. The FAA also has consulted

with the manufacturer and RLD and

determined that 13,500 flight cycles

represents the maximum number of

flight cycles allowable for the affected

airplanes to continue to operate prior to

accomplishing the required inspections

and modification without compromising

safety. The proposed compliance times

are based on results of fatigue tests and

analysis of the effects of the thrust

reverser loads on adjacent structure.

In addition, the FAA finds that the

commenters have not submitted any

data to substantiate why a 2,500 flightcycle extension of the compliance time

would not compromise safety, nor have

the commenters addressed whether

further inspections would be necessary

to ensure the long term operational

safety. However, under the provisions of

paragraph (e) of the final rule, the FAA

may approve requests for adjustments to

the compliance time if sufficient data

are submitted to substantiate that such

an adjustment would provide an

acceptable level of safety.

Conclusion

After careful review of the available

data, including the comments noted