5456 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules

type design, the proposed AD would

require modification of the canted

pressure deck drain system in the wheel

well of the MLG. The actions would be

required to be accomplished in

accordance with the service bulletin

described previously, except as

discussed below.

Difference Between Service Bulletin

and This Proposed AD

Operators should note that, although

the service bulletin recommends

accomplishment of the modification at

the first available maintenance period as

soon as parts, manpower, and facilities

are available, the FAA has determined

that a 24-month compliance time would

address the identified unsafe condition

in a timely manner. In developing an

appropriate compliance time for this

AD, the FAA considered not only the

manufacturer’s recommendation, but

the degree of urgency associated with

addressing the subject unsafe condition,

the average utilization of the affected

fleet, and the time necessary to perform

the modification. In light of all of these

factors, the FAA finds a 24-month

compliance time for completion of the

proposed modification to be warranted,

in that it represents an appropriate

interval of time allowable for affected

airplanes to continue to operate without

compromising safety.

Cost Impact

There are approximately 716 Model

767 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 278 airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 15 work hours per

airplane to accomplish the proposed

modification, and that the average labor

rate is $60 per work hour. Required

parts would cost approximately $6,623

per airplane. Based on these figures, the

cost impact of the modification

proposed by this AD on U.S. operators

is estimated to be $2,091,394, or $7,523

per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

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. Therefore,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that 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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Boeing: Docket 99–NM–374–AD.

Applicability: Model 767 series airplanes,

line numbers 1 through 723 inclusive;

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

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 (b) 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 ice accumulation on the aileron

control cables and/or main landing gear

(MLG) door and door seal during flight,

which could render one of the aileron control

systems and/or the MLG doors inoperative,

resulting in reduced controllability of the

airplane, accomplish the following:

(a) Within 24 months after the effective

date of this AD: Modify the canted pressure

deck drain system in the wheel well of the

MLG in accordance with the

Accomplishment Instructions of Boeing

Service Bulletin 767–51A0020, Revision 1,

dated July 22, 1999.

Note 2: Modification of the canted pressure

deck drain system accomplished prior to the

effective date of this AD in accordance with

Boeing Alert Service Bulletin 767–51A0020,

dated November 19, 1998, is considered

acceptable for compliance with the

modification specified in this AD.

Alternative Methods of Compliance

(b) 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, Seattle

Aircraft Certification Office (ACO), 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, Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permit

(c) 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.

Issued in Renton, Washington, on January

28, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–2414 Filed 2–3–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–369–AD]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F.28 Mark 0070 and 0100 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5457

directive (AD) that is applicable to all

Fokker Model F.28 Mark 0070 and 0100

series airplanes. This proposal would

require installation of new, improved

bonding jumpers on the horizontal

stabilizer. This proposal is prompted by

issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to ensure adequate

electrical bonding between the

horizontal and vertical stabilizers.

Inadequate electrical bonding, in the

event of a lightning strike, could cause

electrical arcing, and result in damage to

the hydraulic lines and consequent

failure of the hydraulic systems.

DATES: Comments must be received by

March 6, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

369–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fokker Services B.V., P.O. Box 231,

2150 AE Nieuw-Vennep, the

Netherlands. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

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:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule.

The proposals contained in this notice

may be changed in light of the

comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 99–NM–369–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

99–NM–369–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, notified the FAA that

an unsafe condition may exist on all

Fokker Model F.28 Mark 0070 and 0100

series airplanes. The RLD advises that in

February 1988, during a routine

scheduled flight, a Fokker Model F.28

Mark 0100 series airplane was struck by

lightning. The report indicated that the

No. 2 hydraulic system’s ‘‘Low Quantity

Warning’’ occurred; shortly thereafter,

the same warning occurred on the No.

1 hydraulic system. Although only the

hydraulic accumulator-driven systems

remained available after the ‘‘Total

Hydraulic Failure’’ procedure was

accomplished, the flight crew was able

to land the airplane safely. Investigation

revealed that the lightning current

penetrated the vertical stabilizer and

bonding jumper of the horizontal

stabilizer.

Bonding Jumper Design

At present, on Fokker Model F.28

Mark 0070 and 0100 series airplanes,

only a single bonding jumper is

installed between the vertical and

horizontal stabilizer on the left-hand

side. (Currently, no bonding jumper is

installed on the right-hand side.)

Reports indicate that a bonding jumper

had melted, although it is unclear

whether this was due to the lightning

strike event preceding the hydraulic

systems failure, or due to an earlier

event. In either case, because the

bonding jumper failed, the electrical

arcing that resulted from the lightning

strike damaged the hydraulic lines.

Further investigation revealed that the

existing bonding jumper installation is

not adequate to meet certain

requirements, and the RLD advises that

it is necessary to improve the electrical

bonding of the horizontal stabilizer.

Inadequate electrical bonding between

the horizontal and vertical stabilizers, in

the event of a lightning strike, could

cause electrical arcing, and result in

damage to the hydraulic lines and

consequent failure of the hydraulic

systems.

Explanation of Relevant Service

Information

Fokker has issued Service Bulletin

SBF100–23–032, dated September 22,

1999, which describes procedures for

installing new, improved bonding

jumpers on the horizontal stabilizer. On

the left-hand side of the horizontal

stabilizer, installation procedures

include removing the existing bonding

jumper of the horizontal stabilizer

torsion box and replacing it with a new,

improved bonding jumper; removing

and discarding the existing fasteners;

and ensuring that the fastener holes are

in proper condition. On the right-hand

side of the horizontal stabilizer,

installation procedures include drilling

new fastener holes in the horizontal

stabilizer hinge fitting and in the lower

skin of the horizontal stabilizer torsion

box; deburring all drilled holes; and

installing a new, improved bonding

jumper. The Fokker service bulletin

references Fokker 70/100 Aircraft

Maintenance Manual (AMM), Chapter

20–13–05, as an additional source of

service information to accomplish the

installation of the new bonding jumpers.

Accomplishment of the actions

specified in the service bulletin is

intended to adequately address the

identified unsafe condition. The RLD

classified this service bulletin as

mandatory and issued Dutch

airworthiness directive 1999–128(A),

dated October 29, 1999, in order to

assure the continued airworthiness of

these airplanes in the Netherlands.

FAA’s Conclusions

This airplane model is manufactured

in the Netherlands and is 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 RLD has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the RLD,

reviewed all available information, and

determined that AD action is necessary

5458 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed 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, the proposed AD would require

the accomplishment of the actions

specified in accordance with the service

bulletin described previously, except as

discussed below.

Differences Between Proposed Rule and

Service Bulletin

Operators should note that, although

the service bulletin recommends a

compliance time of 24 months for

accomplishment of the actions specified

in the service bulletin, the RLD has

mandated a compliance time of 18

months. The FAA concurs with the RLD

and has determined that an 18-month

compliance time would have a limited

impact on the operators while ensuring

the continued safety of the fleet. In

determining the proposed compliance

time, the FAA considered the safety

implications, average utilization rate of

the affected fleet, and availability of

required modification parts. In light of

this, the FAA considers that the

proposed compliance time of 18 months

is appropriate.

Cost Impact

The FAA estimates that 129 Fokker

Model F.28 Mark 0070 and 0100 series

airplanes of U.S. registry would be

affected by this proposed AD, that it

would take approximately 2 work hours

per airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $69 per

airplane. Based on these figures, the cost

impact of the proposed AD on U.S.

operators is estimated to be $24,381, or

$189 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

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. Therefore,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that 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) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Fokker Services B.V.: Docket 99–NM–369–

AD.

Applicability: All Model F.28 Mark 0070

and 0100 series airplanes, certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

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 (b) 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 ensure adequate electrical bonding

between the horizontal and vertical

stabilizers, accomplish the following:

(a) Within 18 months after the effective

date of this AD, accomplish the actions

required by paragraphs (a)(1) and (a)(2) of

this AD, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–23–032, dated

September 22, 1999.

(1) On the left-hand side of the horizontal

stabilizer, replace the existing bonding

jumper on the horizontal stabilizer torsion

box with a new, improved bonding jumper.

(2) On the right-hand side of the horizontal

stabilizer, install a new, improved bonding

jumper.

Note 2: Fokker Service Bulletin SBF100–

23–032, dated September 22, 1999, references

Fokker 70/100 Aircraft Maintenance Manual

(AMM), Chapter 20–13–05, as an additional

source of service information to accomplish

the installation of the new bonding jumpers.

Alternative Methods of Compliance

(b) 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(c) 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.

Note 4: The subject of this AD is addressed

in Dutch airworthiness directive 1999–

128(A), dated October 29, 1999.

Issued in Renton, Washington, on January

31, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–2470 Filed 2–3–00; 8:45 am]

BILLING CODE 4910–13–P