[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Proposed Rules]
[Pages 6629-6631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1991]


-----------------------------------------------------------------------

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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 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. 
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

[[Page 6630]]

Component Service Bulletin (CSB) D14000-57-007, for spare wing 
leading edge sections that may still contain the 460-series Peri-
seals. 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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 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. 
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

[[Page 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 Peri-seals. 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