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[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Rules and Regulations]
[Pages 332-335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-51]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-NM-229-AD; Amendment 39-9103; AD 94-26-08]

Airworthiness Directives; Fokker Model F27 Series Airplanes 
(Excluding Mark 050 Series Airplanes)

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Fokker Model F27 series airplanes, that requires 
accomplishment of certain structural modifications. This amendment is 
prompted by reports of incidents involving fatigue cracking and 
corrosion in transport category airplanes that are approaching or have 
exceeded their economic design goal. These incidents have jeopardized 
the airworthiness of the affected airplanes. The actions specified by 
this AD are intended to prevent degradation in the structural 
capabilities of the affected airplanes. This action also reflects the 
FAA's decision that long term continued operational safety should be 
assured by actual modification of the airframe rather than repetitive 
inspections.

DATES: Effective February 3, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 3, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, 
Alexandria, Virginia 22314. 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: Mark Quam, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2145; fax (206) 227-1320.

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 F27 series 
airplanes was published in the Federal Register on March 14, 1994 (59 
FR 11737). That action proposed to require certain structural 
modifications of certain Fokker Model F27 series airplanes prior to 
their economic design goal. -
    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. -
    One commenter requests a revision to the applicability statement to 
specify the series of Fokker Model F27 airplanes [[Page 333]] affected 
by the proposal. The commenter states that listing the series of the 
affected airplane model in the proposal would avoid confusion. The 
commenter notes that attempting to list all exclusions, as in the 
proposal, would require listing all future series and derivatives of 
future models, which would be impossible. The FAA concurs. The final 
rule has been revised to specify that the rule is applicable to Model 
F27 Mark 100, 200, 300, 400, 500, 600, and 700 airplanes.-
    This commenter also requests that the proposal be revised to 
specify the service bulletins referenced in Fokker Report Number SE-
278, ``F27 Aging Aircraft Project--Final Document,'' Issue 3, dated 
February 1, 1993 (hereinafter referred to as the ``Fokker Report''), 
rather than merely referencing Part II of the Fokker Report, as was 
done in the proposal. The commenter requests this change because Fokker 
Service Bulletin F27/57-68, which was referenced in Part II of the 
Fokker Report, has been revised since issuance of the Fokker Report. 
Thus, this commenter contends that referring to the Fokker Report will 
not reflect this latest revision to that service bulletin. One 
commenter notes that the Rijksluchtvaartdienst (RLD), which is the 
airworthiness authority of the Netherlands, has issued a correction to 
Netherlands Airworthiness Directive (BLA) 91-058/5 (A), dated July 16, 
1993, to reference Revision 1 of Fokker Service Bulletin F27/57-58, 
dated May 17, 1993.
    The FAA concurs in part. Fokker Service Bulletin F27/57-68, 
Revision 1, dated May 17, 1993, was revised to correct the reference to 
the Netherlands airworthiness directive number, to add further 
explanatory information in the Description section of the service 
bulletin, and to make minor editorial changes to the Accomplishment 
Instructions. The FAA finds that none of these changes are substantive 
in nature; therefore, these changes do not warrant a revision to the 
specific service information referenced in the final rule. However, the 
FAA recognizes that operators may choose to comply with Revision 1 of 
that service bulletin. For those operators, a new NOTE 2 has been added 
to paragraph (a) of the final rule stating that compliance with 
Revision 1 of that service bulletin would constitute compliance with 
the requirements of Fokker Service Bulletin F27/57-68, dated July 17, 
1992, which is referenced in the Fokker Report. Further, when the 
Fokker Report is revised to incorporate substantive revisions of 
service bulletins referenced in it, the FAA may consider further 
rulemaking to incorporate those changes. -
    Several commenters request that the proposal be revised to include 
the modification of certain lower stringers in the outer wing of the 
airplane described in Fokker Service Bulletin F27/57-70. These 
commenters contend that the threshold, resource requirements, and 
modification procedures specified in Fokker Service Bulletin 57-70 are 
identical to those described in Fokker Service Bulletin 57-68; the only 
difference is that Fokker Service Bulletin 57-68 specifies modification 
of certain upper stringers in the outer wing of the airplane. Fokker 
Service Bulletin 57-68 is referenced in the Fokker Report. These 
commenters assert that the modifications specified in both of these 
service bulletins should be included in the requirements of the 
proposed rule. Further, these commenters note that the RLD has 
classified Fokker Service Bulletin F27/57-70 as mandatory and has 
issued Netherlands Airworthiness Directive (BLA) 93-094 in order to 
ensure that the modification is accomplished on airplanes in the 
Netherlands. -
    The FAA does not concur that a revision to the rule to include a 
requirement for the additional modification should be made at this 
time. To do so would necessitate, under the provisions of the 
Administrative Procedure Act, reissuing the notice, reopening the 
period for public comment, considering additional comments received, 
and eventually issuing a final rule. The FAA does not consider it 
appropriate to delay issuance of this final rule further in order to 
undertake those procedures. However, the FAA may consider further 
rulemaking action to require modification of the lower stringers in 
which cracking was detected coincidentally while accomplishing the 
modification described in Fokker Service Bulletin F27/57-68.-
    Several commenters request an extension of the proposed compliance 
date of January 1, 1995, to accomplish the modification described in 
Fokker Service Bulletin F27/57-68, which is one of the service 
bulletins referenced in the Fokker Report. For airplanes that have 
accumulated more than 30,000 total landings, that Fokker service 
bulletin recommends accomplishment of the modification of certain upper 
stringers of the outer wing prior to January 1, 1995. These commenters 
state that such a compliance time would impose a tremendous economic 
burden, since a majority of the airplanes in their fleet have already 
accumulated more than 30,000 total landings; therefore, some of these 
commenters suggest a compliance date of January 1, 1996, instead. One 
of these commenters requests that the compliance time be revised to an 
interval that coincides with the operator's regularly scheduled 
maintenance.-
    The FAA concurs that the compliance time for accomplishing the 
modification described in Fokker Service Bulletin F27/57-68, Revision 
1, dated May 17, 1993, may be extended to January 1, 1996, for 
airplanes that have accumulated more than 30,000 total landings. 
However, the FAA finds that in order to ensure safety in the interim, 
an additional x-ray inspection must be performed until such time that 
the airplane is modified, or prior to January 1, 1996. This extension 
to the compliance time should allow operators to accomplish the 
modification coincidentally with regularly scheduled maintenance. 
Accordingly, the final rule has been revised to add a new paragraph (b) 
to specify this provision. -
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been added to this final rule to clarify this requirement. -
    Additionally, the FAA has recently reviewed the figures it has used 
over the past several years in calculating the economic impact of AD 
activity. In order to account for various inflationary costs in the 
airline industry, the FAA has determined that it is necessary to 
increase the labor rate used in these calculations from $55 per work 
hour to $60 per work hour. The economic impact information, below, has 
been revised to reflect this increase in the specified hourly labor 
rate.-
    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 with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden [[Page 334]] on any operator nor increase 
the scope of the AD.-
    The FAA estimates that 58 airplanes of U.S. registry will be 
affected by this AD, within the initial threshold. Since not all 
affected airplanes will be required to accomplish every modification 
referenced in each of the service bulletins, the cost impact of the 
modifications required by this AD is estimated in the following table. 
This cost includes the price of modification kits, and the estimated 
labor rate is $60 per work hour. It does not include the cost of 
downtime, planning, set up, familiarization, or tool acquisition.

----------------------------------------------------------------------------------------------------------------
                                                 No. of                   Cost of                 Total cost for
           Service bulletin number              affected   No. of work   parts per     Cost per      affected   
                                               airplanes      hours       airplane     airplane      airplanes  
----------------------------------------------------------------------------------------------------------------
55-33 (B-77)................................            5           40         $314    $2,714.00      $13,570.00
55-12 (B-67)................................            5           20          121     1,321.00        6,605.00
55-12 (Part II).............................            5           30          168     1,968.00        9,840.00
55-61 Revision 2............................           13           45        2,235    4,935.00-       64,155.00
57-68 Revision 1............................           58          556        1,279    34,639.00    2,009,062.00
53-19 (B-45) Issue 3........................            5           22            0     1,320.00        6,600.00
53-58 (B-149)...............................            5           16            0       960.00        4,800.00
53-76 (B-211)...............................           13         0.25            0        15.00          195.00
57-7 Issue 1................................            5           32          400     2,320.00      11,600.00-
----------------------------------------------------------------------------------------------------------------

    Based on the above figures, the total cost impact of the proposed 
AD on U.S. operators is estimated to be 2,126,427.-
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted. -
    The FAA recognizes that the modifications will require a large 
number of work hours to accomplish. However, the threshold specified in 
each of the service bulletins referenced by the Fokker Report should 
allow ample time for the accomplishment of the modifications 
coincidentally with scheduled major airplane inspection and maintenance 
activities, thereby minimizing the costs associated with special 
airplane scheduling.-
    The FAA recognizes that the obligation to maintain aircraft in an 
airworthy condition is vital, but sometimes expensive. Because AD's 
require specific actions to address specific unsafe conditions, they 
appear to impose costs that would not otherwise be borne by operators. 
However, because of the general obligation of operators to maintain 
aircraft in an airworthy condition, this appearance is deceptive. 
Attributing those costs solely to the issuance of this AD is 
unrealistic because, in the interest of maintaining safe aircraft, most 
prudent operators would accomplish the required actions even if they 
were not required to do so by the AD. -
    A full cost-benefit analysis has not been accomplished for this AD. 
As a matter of law, in order to be airworthy, an aircraft must conform 
to its type design and be in a condition for safe operation. The type 
design is approved only after the FAA makes a determination that it 
complies with all applicable airworthiness requirements. In adopting 
and maintaining those requirements, the FAA has already made the 
determination that they establish a level of safety that is cost-
beneficial. When the FAA, as in this AD, makes a finding of an unsafe 
condition, this means that the original cost-beneficial level of safety 
is no longer being achieved and that the required actions are necessary 
to restore that level of safety. Because this level of safety has 
already been determined to be cost-beneficial, a full cost-benefit 
analysis for this AD would be redundant and unnecessary.-
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.

Sec. 39.13  [Amended]-

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

94-26-08 Fokker: Amendment 39-9103. Docket 93-NM-229-AD.

    Applicability: Model F27 Mark 100, 200, 300, 400, 500, 600, and 
700 airplanes, as listed in Fokker Report Number SE-278, ``F27 Aging 
Aircraft Project--Final Document,'' Issue 3, dated February 1, 1993; 
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 use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the [[Page 335]] effect of the 
changed configuration on the unsafe condition addressed by this AD. 
In no case does the presence of any modification, alteration, or 
repair remove any airplane from the applicability of this AD. -

    Compliance: Required as indicated, unless accomplished 
previously. -
    To prevent structural failure, accomplish the following: -
    (a) Except as provided for by paragraph (b) of this AD, prior to 
reaching the incorporation thresholds listed in Part II of Fokker 
Report Number SE-278, ``F27 Aging Aircraft Project--Final 
Document,'' Issue 3, dated February 1, 1993 (hereinafter referred to 
as the ``Fokker Report''), accomplish the structural modifications 
listed in Part II of the Fokker Report.

    Note 2: Compliance in accordance with Fokker Service Bulletin 
F27/57-68, Revision 1, dated May 17, 1993, constitutes compliance 
with Fokker Service Bulletin F27/57-68, dated July 17, 1992, which 
is referenced in the Fokker Report.-
    Note 3: The modifications required by this paragraph do not 
terminate the inspection requirements of any other AD unless that AD 
specifies that any such modification constitutes terminating action 
for that inspection requirement.

    (b) For airplanes that have accumulated 30,000 total landings or 
more as of the threshold specified in Fokker Service Bulletin F27/
57-68, Revision 1, dated May 17, 1993, referenced in the Fokker 
Report: The incorporation threshold for accomplishing the structural 
modification may be extended to January 1, 1996, if an x-ray 
inspection of the stringers at stations 11260, 12660, and 13460 is 
performed in accordance with Part 2 of Fokker Service Bulletin F27/
57-68, Revision 1, dated May 17, 1993, at the time specified in 
either paragraph (b)(1) or (b)(2) of this AD, as applicable. If 
cracking is detected, prior to further flight, repair in accordance 
with paragraph 1.D.(1)(c) of the service bulletin.-
    (1) For airplanes on which the inspections of the top skin of 
stringers 4 through 7 are currently being performed in accordance 
with Part 2 of Fokker Service Bulletin F27/57-68, Revision 1, dated 
May 17, 1993: Within 4,000 landings from the immediately preceding 
inspection.-
    (2) For airplanes on which the inspections of the top skin of 
stringers 4 through 7 are not currently being performed in 
accordance with Part 2 of Fokker Service Bulletin F27/57-68, 
Revision 1, dated May 17, 1993: Within 2 months after the effective 
date of this AD, -
    (c) 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, Standardization Branch, ANM-113, 
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, 
Standardization Branch, ANM-113.

    -Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) 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. -
    (e) The structural modifications shall be done in accordance 
with Fokker Report Number SE-278, ``F27 Aging Aircraft Project--
Final Document,'' Issue 3, dated February 1, 1993, which contains 
the following list of effective pages:-

------------------------------------------------------------------------
                                   Revision                             
          Page number-           level shown      Date shown on page    
                                   on page-                             
------------------------------------------------------------------------
-1-3, II.3.....................            3  February 1, 1993.         
4-7, I.2-I.14..................            2  February 1, 1993.         
I.1, I.15, I.16, II.1, II.2,               1  May 3, 1991.              
 II.4, III.1, III.2.                                                    
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                               APPENDIX A                               
------------------------------------------------------------------------
APP. A-1.......................            2  February 1, 1993.         
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                               APPENDIX B                               
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1-13...........................            2  February 1, 1993.         
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                               APPENDIX C                               
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1..............................     Original  September 27, 1990.       
2-5-...........................       (These                            
                                   pages are                            
                                  not dated)                            
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                               APPENDIX D                               
------------------------------------------------------------------------
1-5-...........................     Original  February 1, 1993.         
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                               APPENDIX E                               
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``Structural Maintenance                      May 22, 1991.-            
 Program Guidelines. . .''.                                             
``Structural Maintenance                      May 22, 1991.             
 Program Task. . .''.                                                   
Table of Contents..............               May 22, 1991.             
1-17...........................     Original  May 22, 1991.             
------------------------------------------------------------------------

    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 Aircraft USA, Inc., 1199 
North Fairfax Street, Alexandria, Virginia 22314. 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.-
    (f) This amendment becomes effective on February 3, 1995.

    Issued in Renton, Washington, on December 19, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-51 Filed 1-3-95; 8:45 am]
BILLING CODE 4910-13-U
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