[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Rules and Regulations]
[Pages 51202-51205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24278]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-328-AD; Amendment 39-11329; AD 99-20-01]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
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 all Fokker Model F.28 Mark 0070 and 0100 series 
airplanes, that requires modification of the electrical wiring of the 
flight warning computer (FWC), and installation of upgraded computer 
software into the FWC. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent certain nuisance alerts generated by the FWC and to ensure 
annunciation of certain flight alerts by the FWC during initial climb. 
Such nuisance alerts or failures to annunciate certain alerts could 
result in an improper response by the flight crew and consequent 
reduced controllability of the airplane.

DATES: Effective October 27, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 27, 1999.

ADDRESSES: The service information referenced in this AD 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 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD)

[[Page 51203]]

that is applicable to all Fokker Model F.28 Mark 0070 and 0100 series 
airplanes was published in the Federal Register on March 15, 1999 (64 
FR 12772). That action proposed to require modification of the 
electrical wiring of the flight warning computer (FWC), and 
installation of upgraded computer software into the FWC.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request for Extension of Compliance Time

    Two commenters, both operators, raise a concern regarding the 
necessity to accomplish other modifications prior to or concurrent with 
accomplishment of the modification described in Fokker Service Bulletin 
SBF100-31-051, dated August 15, 1998, which is required by paragraph 
(b) of the proposed AD. One commenter states that the wiring 
modification described in Fokker Service Bulletin SBF100-78-014, 
Revision 2, dated May 1, 1999, is necessary prior to or concurrent with 
accomplishment of SBF100-31-051. Additionally, Service Bulletin SBF100-
78-014 specifies that three other service bulletins must be 
accomplished either prior to or concurrent with SBF100-78-014, 
including SBF100-78-012 [which is also required by AD 96-26-03, 
amendment 39-9866 (62 FR 604, January 6, 1997)].
    Both commenters state that the labor and costs associated with 
these additional modifications will require the actions proposed in 
this AD to be accomplished in conjunction with scheduled heavy 
maintenance visits, rather than during scheduled overnight maintenance. 
One commenter states that the compliance threshold should be extended 
to preclude the additional operational costs associated with removing 
an airplane from service out of the normally scheduled sequence. The 
two commenters request that the compliance threshold of 18 months for 
accomplishment of SBF100-31-051 be extended (to 24 months or 30 months 
after the effective date of the AD) to allow sufficient time for 
scheduling of the additionally required modifications.
    The FAA does not concur. After further discussions with the 
Rijksluchtvaartdienst (RLD), which is the airworthiness authority for 
the Netherlands, and the manufacturer, the FAA has determined that such 
extension of the compliance time would not provide an acceptable level 
of safety necessary to address the identified unsafe condition. 
Accomplishment of the modifications specified in the proposed AD, as 
well as the necessary prior modifications to support the final 
modification, was found to be necessary in the wake of thrust reverser 
problems related to a 1996 accident in Brazil.
    In developing the proposed compliance time of 18 months, the FAA 
considered the safety implications, the RLD's and the manufacturer's 
recommendations, and the availability of required parts. The FAA also 
considered the fact that Fokker Service Bulletin SBF100-31-051 has been 
available to all affected operators since August 1998.
    Therefore, U.S. operators have had time since then to consider 
initiating those actions, which this AD ultimately mandates. Under the 
provisions of paragraph (c) of the final rule, however, the FAA may 
consider requests for adjustments to the compliance time if data are 
submitted to substantiate that such an adjustment would provide an 
acceptable level of safety.

Relation of Proposed AD to AD 96-26-03

    One commenter states that the proposed AD does not address the 
necessary modifications (as discussed previously) described in Fokker 
Service Bulletin SBF100-78-014, which specifies prior accomplishment of 
Fokker Service Bulletin SBF100-78-012. Since SBF100-78-012 is currently 
required by AD 96-26-03, the commenter notes that the proposed AD does 
not provide the necessary relief for the interim conditions when an 
airplane may not be in the configuration specified by AD 96-26-03 or in 
full compliance with the proposed new AD. If the required relief is not 
provided, the commenter states that each operator will be forced to 
petition the FAA for each variance encountered during the fleet 
modification program, which will add significant workload for both 
these operators and the FAA.
    The FAA partially concurs. The FAA concurs that AD 96-26-03 
currently specifies accomplishment of SBF100-78-012, which is 
indirectly necessary prior to accomplishment of SBF100-31-051 as 
required by this proposed AD. However, since issuance of the proposed 
AD, another proposed AD (reference Rules Docket No. 98-NM-329-AD) has 
been issued that would supersede AD 96-26-03. That proposed AD would 
continue to require accomplishment of SBF100-78-012 by March 21, 1997 
(the compliance time specified in AD 96-26-03), and would add a 
requirement for accomplishment of SBF100-78-014 within 18 months after 
the effective date of that AD.
    The FAA does not consider that accomplishment of the requirements 
of these AD's will pose any configuration problems for operators 
provided the AD's are issued simultaneously, since the compliance times 
of 18 months would be identical. The FAA will ensure that the AD's are 
issued simultaneously to avoid the concern expressed by the commenter.
    The FAA has added NOTE 4 to the final rule to provide clarification 
regarding the accomplishment of other modifications prior to 
accomplishment of SBF100-31-051, as well as related FAA rulemaking 
actions specified in AD 96-26-03 and Rules Docket No. 98-NM-329-AD.

Request To Remove Spares Paragraph

    One commenter states that paragraph (c) of the proposed AD, which 
specifies that ``As of the effective date of this AD, no person shall 
install on any airplane a flight warning computer (FWC), unless it has 
been modified in accordance with this AD'', is an impossible 
stipulation. The commenter states that there will be a transition 
period during which the wiring of some airplanes will not be modified 
as described in SBF100-78-014. An upgraded FWC cannot be installed in 
an unmodified airplane, therefore, provisions must be made to allow the 
installation of an unmodified FWC in an unmodified airplane.
    The FAA concurs. The necessary airplane wiring modifications will 
be accomplished over a period of time and are necessary prior to 
accomplishment of the FWC modifications required by this AD. Since the 
modified FWC's cannot be installed in an unmodified airplane, the FAA 
has deleted the requirement regarding installation of an unmodified FWC 
by removing this paragraph from the final rule.

Request To Revise Cost Information

    One commenter states that the proposed AD does not address the 
labor and material costs associated with accomplishment of SBF100-78-
014. Therefore, the commenter states that an additional 44 work hours 
and material costs of $7,663 must be added to the projected cost 
estimates provided in the proposed AD. The FAA does not concur. As 
stated previously, accomplishment of SBF100-78-014 is proposed as a 
direct requirement in a separate rulemaking action (reference Rules 
Docket No. 98-NM-329-AD). Cost estimates associated with that action 
are provided in that NPRM and therefore are not restated in this AD.

[[Page 51204]]

Other Changes Made to the Proposed AD

    The FAA has been informed that the manufacturer's address has 
changed and has revised the AD to provide the correct address for 
obtaining service information. The FAA also has revised its estimate of 
the number of affected airplanes from 129 in the proposed AD to 126, 
and the cost impact information, below, has been revised accordingly.

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 with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 126 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 6 work hours per 
airplane to accomplish the required modification, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$93 per airplane. Based on these figures, the cost impact of the 
modification on U.S. operators is estimated to be $57,078, or $453 per 
airplane.
    It will take approximately 1 work hour per airplane to accomplish 
the required installation, at an average labor rate of $60 per work 
hour. Required parts will cost approximately $1,500 per airplane. Based 
on these figures, the cost impact of the installation on U.S. operators 
is estimated to be $196,560, or $1,560 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 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.


Sec. 39.13  [Amended]

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

99-20-01  Fokker Services B.V.: Amendment 39-11329. Docket 98-NM-
328-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 (c) 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 certain nuisance alerts generated by the flight 
warning computer (FWC) and to ensure annunciation of certain flight 
alerts by the FWC during initial climb, which could result in an 
improper response by the flight crew and consequent reduced 
controllability of the airplane, accomplish the following:

Modifications

    (a) Within 18 months after the effective date of this AD, modify 
the electrical wiring of the FWC in accordance with Part 1 or 2, as 
applicable, of the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-31-047, Revision 1, dated March 21, 1997.

    Note 2: It is not necessary to install computer software version 
V10.40 into the FWC, since a later version is available and is 
required to be installed by this AD.

    (b) Concurrent with the accomplishment of the requirements of 
paragraph (a) of this AD, install upgraded computer software version 
V11.45 into the FWC in accordance with Fokker Service Bulletin 
SBF100-31-051, dated August 15, 1998.

    Note 3: AlliedSignal Grimes Aerospace has issued Service 
Bulletin 80-0610-31-0031, dated May 14, 1998, as an additional 
source of service information for installation of the upgraded 
computer software version into the FWC.

    Note 4: Operators should note that Fokker Service Bulletin 
SBF100-31-051, dated August 15, 1998, specifies prior or concurrent 
accomplishment of Fokker Service Bulletin SBF100-78-014 [which 
specifies concurrent accomplishment of Fokker Component Service 
Bulletin (CSB) P41440-78-04, and prior or concurrent accomplishment 
of Fokker Service Bulletin SBF100-78-012 and CSB P41440-78-05]. 
Related FAA Rules Docket No. 98-NM-329-AD requires accomplishment of 
these four other service bulletins.

Alternative Methods of Compliance

    (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, 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 5: 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

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Fokker Service 
Bulletin SBF100-31-047, Revision 1, dated March 21, 1997, and Fokker 
Service Bulletin SBF100-31-051, dated August 15, 1998. 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., P.O. Box 231, 
2150 AE Nieuw-Vennep, The

[[Page 51205]]

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 6: The subject of this AD is addressed in Dutch 
airworthiness directive BLA 1998-110, dated August 31, 1998.

    (f) This amendment becomes effective on October 27, 1999.

    Issued in Renton, Washington, on September 13, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-24278 Filed 9-21-99; 8:45 am]
BILLING CODE 4910-13-U