The Rijksluchtvaartdienst (RLD), which is the airworthiness authority for the Netherlands, notified the FAA that an unsafe condition may exist on certain Fokker Model F.28 Mark 0070 series airplanes. The RLD advises that, during a routine landing of a Model F.28 Mark 0070 series airplane, the flight crew could not move the control column to its fully aft position. A subsequent inspection revealed that one of the three bolts attaching the gustlock counter-bracket to a pulley on the elevator tension regulator assembly became loose. The bolt had moved outwards slightly, obstructing the driving lever of the elevator and thus restricting the elevator deflection to 21 degrees (airplane nose up) instead of the normal 25 degrees. This condition, if not corrected, could result in reduced controllability of the airplane.
Explanation of Relevant Service Information
Fokker has issued Service Bulletin SBF100-27-076, dated July 1, 1999, which describes procedures for a one-time general visual inspection to detect discrepancies, and corrective action, if necessary. Discrepancies include improper installation, loose bolts, sealant damage or an insufficient amount of sealant, and incorrect torque values of the bolts or nuts. Corrective actions include removing the sealant (if present) from the bolt head and nut and checking the torque value of the bolt and nut; replacing any discrepant bolt, washer, or nut with a new component; ensuring specified torque values; and applying sealant to the bolt head and nut to prevent corrosion.
Accomplishment of the inspections and corrective 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 1999-094, dated July 30, 1999, in order to assure the continued airworthiness of these airplanes in the Netherlands.
FAA's Conclusions
This airplane modelis 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 for products of this type design that are certificated for operation in the United States.
Explanation of Requirements of the 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, this AD is being issued to prevent restricted elevator movement and consequent reduced controllability of the airplane. This AD requires accomplishment of the actions specified in the service bulletin described previously, except as described below.
Differences Between the Proposed AD and the Service Bulletin
Operators should note that, although the effectivity listing in the Planning Information of the service bulletin specifies "Model F.28 Mark 0070/0100" series airplanes, the applicability statement of this proposed AD specifies only "Model F.28 Mark 0070 series airplanes." The FAA has determined that none of the affected Model F.28 Mark 0100 series airplanes are currently eligible for import into the United States; therefore, no action is required for those airplanes by this AD. In addition, the FAA points out that only two of the airplanes listed in the service bulletin are included in this proposed AD because only serial numbers 11565 and 11569 are eligible for import into the United States; the other serial numbers listed in the service bulletin are not eligible for import into the United States.
Cost Impact
None of the Model F.28 Mark 0070 series airplanes affected by this action are on the U.S. Register. All airplanes included in the applicability of this rule currently are operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject airplanes are imported and placed on the U.S. Register in the future.
Should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 1 work hour to accomplish the required actions, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of this AD on U.S. operators is estimated to be $60 per airplane.
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently on the U.S. register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, prior noticeand public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register.
Comments Invited
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 99-NM-253-AD." The postcard will be date stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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 final rule does not have federalism implications under Executive Order 13132.
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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: