Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6629 

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, 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: Mike Borfitz, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2677; 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 CAAI Airworthiness 

Directive 24–07–10–11, dated October 31, 

2007, and Gulfstream Alert Service Bulletin 

150–24A–046, dated October 31, 2007, for 

related information. 

Issued in Renton, Washington, on January 

24, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1988 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0117; Directorate 

Identifier 2007–NM–273–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0070 and Mark 0100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

[L]eakage of hot wing anti-icing air from 

the Peri-seal housing. This results in an 

uncontrolled flow of high-pressure hot air to 

enter the forward (anti-icing) plenum 

chamber of the wing leading edge, potentially 

damaging the anti-icing barrier webs. 

Subsequently, the wing auxiliary spar can 

also be damaged by high-pressure hot air. 

* * * [D]eterioration of the Peri-seals 

enables the piccolo tubes to vibrate, resulting 

in a broken piccolo tube. This condition, if 

not corrected, may cause heat damage to the 

front spar that potentially affects the wing’s 

load capability. 

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 March 6, 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–2008–0117; Directorate Identifier 

2007–NM–273–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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0229, 

dated August 15, 2007 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

In 1997, Fokker introduced a new type of 

Peri-seal (SBF 100–30–022). The old type 

was known to be subject to deterioration, 

which, in combination with improper 

installation, can cause leakage of hot wing 

anti-icing air from the Peri-seal housing. This 

results in an uncontrolled flow of highpressure hot air to enter the forward (antiicing) plenum chamber of the wing leading 

edge, potentially damaging the anti-icing 

barrier webs. Subsequently, the wing 

auxiliary spar can also be damaged by highpressure hot air. Analysis at the time showed 

that any resulting damage (known to occur at 

inboard positions only) would not affect the 

wing load capability. For this reason, the 

modification was not classified as 

MANDATORY and no AD action was 

warranted. However, through a recent 

occurrence, it was discovered that 

deterioration of the Peri-seals enables the 

piccolo tubes to vibrate, resulting in a broken 

piccolo tube. In this case, the location of the 

failure was more outboard than previous 

occurrences. This condition, if not corrected, 

may cause heat damage to the front spar that 

potentially affects the wing’s load capability. 

Since an unsafe condition was identified, 

likely to exist or develop on an aircraft of this 

type design, CAA (Civil Aviation Authority) 

Netherlands issued AD NL–2006–011 to 

require inspection of the Piccolo Tubes and 

the surrounding structure to establish correct 

installation, as well as the replacement of the 

460-series Peri-seals by the improved 600- 

series, which have a higher temperature 

limit. 

Since the issuance of that AD, Fokker has 

developed a modification, published as 


rmajette on PROD1PC64 with PROPOSALS
6630 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 

Component Service Bulletin (CSB) D14000–

57–007, for spare wing leading edge sections 

that may still contain the 460-series Periseals. For that reason, this EASA AD retains 

the requirements of AD NL–2006–011 and 

adds a limit for the allowed use of 

unmodified wing leading edge section as 

replacement part. 

The corrective actions include 

inspection of the piccolo tubes and the 

wing leading edge for damage and 

replacement of the Peri-seals or repair of 

damage, as applicable. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Fokker has issued Service Bulletin 

SBF100–30–028, Revision 1, dated April 

17, 2007, and Component Service 

Bulletin D14000–57–007, dated April 

17, 2007. 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 9 products of U.S. registry. 

We also estimate that it would take 

about 48 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $3,430 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$65,430, or $7,270 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Fokker Services B.V.: Docket No. FAA–

2008–0117; Directorate Identifier 2007–

NM–273–AD. 

Comments Due Date 

(a) We must receive comments by March 6, 

2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Fokker Model F.28 

Mark 0070 and Mark 0100 airplanes, 

certificated in any category, all serial 

numbers, except those previously modified 

in accordance with Fokker Service Bulletin 

SBF 100–30–022. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 30: Ice and Rain Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

In 1997, Fokker introduced a new type of 

Peri-seal (SBF 100–30–022). The old type 

was known to be subject to deterioration, 

which, in combination with improper 

installation, can cause leakage of hot wing 

anti-icing air from the Peri-seal housing. This 

results in an uncontrolled flow of highpressure hot air to enter the forward (antiicing) plenum chamber of the wing leading 

edge, potentially damaging the anti-icing 

barrier webs. Subsequently, the wing 

auxiliary spar can also be damaged by highpressure hot air. Analysis at the time showed 

that any resulting damage (known to occur at 

inboard positions only) would not affect the 

wing load capability. For this reason, the 

modification was not classified as 

MANDATORY and no AD action was 

warranted. However, through a recent 

occurrence, it was discovered that 

deterioration of the Peri-seals enables the 

piccolo tubes to vibrate, resulting in a broken 

piccolo tube. In this case, the location of the 

failure was more outboard than previous 

occurrences. This condition, if not corrected, 

may cause heat damage to the front spar that 

potentially affects the wing’s load capability. 

Since an unsafe condition was identified, 

likely to exist or develop on an aircraft of this 


rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6631 

type design, CAA (Civil Aviation Authority) 

Netherlands issued AD NL–2006–011 to 

require inspection of the Piccolo Tubes and 

the surrounding structure to establish correct 

installation, as well as the replacement of the 

460-series Peri-seals by the improved 600- 

series, which have a higher temperature 

limit. 

Since the issuance of that AD, Fokker has 

developed a modification, published as 

Component Service Bulletin (CSB) D14000–

57–007, for spare wing leading edge sections 

that may still contain the 460-series Periseals. For that reason, this EASA AD retains 

the requirements of AD NL–2006–011 and 

adds a limit for the allowed use of 

unmodified wing leading edge section as 

replacement part. 

The corrective actions include inspection of 

the piccolo tubes and the wing leading edge 

for damage and replacement of the Peri-seals 

or repair of damage, as applicable. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 4,000 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first, do the actions in paragraphs 

(f)(1)(i) and (f)(1)(ii) of this AD in accordance 

with the Accomplishment Instructions of 

Fokker Service Bulletin SBF100–30–028, 

Revision 1, dated April 17, 2007. 

(i) Inspect for damage of the piccolo tubes 

and the wing leading edge on the outside and 

on the inside at the access panels. If any 

damage is found that is beyond the limits 

specified in the service bulletin, repair before 

further flight. 

(ii) Replace the 460-series Peri-seals in the 

riblets with improved 600-series Peri-seals. 

(2) As of 12 months after the effective date 

of this AD, no person may install on any 

airplane a spare wing leading edge section 

unless the leading edge section has been 

modified in accordance with Fokker 

Component Service Bulletin D14000–57–007, 

dated April 17, 2007. 

(3) Actions done before the effective date 

of this AD in accordance with Fokker Service 

Bulletin SBF100–30–028, dated May 18, 

2006, are considered acceptable for 

compliance with the actions required by 

paragraph (f)(1) of this AD. 

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, 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 

(h) Refer to European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2007–0229, dated August 15, 2007, Fokker 

Service Bulletin SBF100–30–028, Revision 1, 

dated April 17, 2007, and Fokker Component 

Service Bulletin D14000–57–007, dated April 

17, 2007, for related information. 

Issued in Renton, Washington, on January 

24, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1991 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0119; Directorate 

Identifier 2007–NM–304–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

and Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all 

EMBRAER Model ERJ 170–100 LR, –100 

SE, –100 STD, and –100 SU airplanes; 

and Model ERJ 190–100 IGW, –100 LR, 

and –100 STD airplanes. The existing 

AD currently requires revising the 

Limitations section of the airplane flight 

manual (AFM) to prohibit the flightcrew 

from moving the throttle into the 

forward thrust range immediately after 

applying the thrust reverser. This 

proposed AD would add additional 

airplanes to the applicability and would 

require the AFM revision for those 

additional airplanes. For certain 

airplanes, this proposed AD would also 

require installing new, improved fullauthority digital engine-control 

(FADEC) software. This proposed AD 

results from a report that, during 

landing, the thrust reverser may not restow completely if the throttle lever is 

moved into the forward thrust range 

immediately after the thrust reverser is 

applied. We are proposing this AD to 

prevent the flightcrew from performing 

a takeoff with a partially deployed 

thrust reverser, which could result in 

reduced controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by March 6, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 


rmajette on PROD1PC64 with PROPOSALS