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Federal Register / Vol. 73, No.

24 / Tuesday, February 5, 2008 / Proposed Rules 6629

Other FAA AD Provisions products listed above. This proposed Comments Invited
(g) The following provisions also apply to AD results from mandatory continuing We invite you to send any written
this AD: airworthiness information (MCAI) relevant data, views, or arguments about
(1) Alternative Methods of Compliance originated by an aviation authority of this proposed AD. Send your comments
(AMOCs): The Manager, International another country to identify and correct
Branch, ANM–116, Transport Airplane to an address listed under the
an unsafe condition on an aviation ADDRESSES section. Include ‘‘Docket No.
Directorate, FAA, has the authority to product. The MCAI describes the unsafe
approve AMOCs for this AD, if requested FAA–2008–0117; Directorate Identifier
using the procedures found in 14 CFR 39.19.
condition as: 2007–NM–273–AD’’ at the beginning of
Send information to ATTN: Mike Borfitz, [L]eakage of hot wing anti-icing air from your comments. We specifically invite
Aerospace Engineer, International Branch, the Peri-seal housing. This results in an comments on the overall regulatory,
ANM–116, FAA, Transport Airplane uncontrolled flow of high-pressure hot air to economic, environmental, and energy
Directorate, 1601 Lind Avenue, SW., Renton, enter the forward (anti-icing) plenum aspects of this proposed AD. We will
Washington 98057–3356; telephone (425) chamber of the wing leading edge, potentially
damaging the anti-icing barrier webs.
consider all comments received by the
227–2677; fax (425) 227–1149. Before using
any approved AMOC on any airplane to Subsequently, the wing auxiliary spar can closing date and may amend this
which the AMOC applies, notify your also be damaged by high-pressure hot air. proposed AD based on those comments.
appropriate principal inspector (PI) in the * * * [D]eterioration of the Peri-seals We will post all comments we
FAA Flight Standards District Office (FSDO), enables the piccolo tubes to vibrate, resulting receive, without change, to http://
or lacking a PI, your local FSDO. in a broken piccolo tube. This condition, if www.regulations.gov, including any
(2) Airworthy Product: For any requirement not corrected, may cause heat damage to the personal information you provide. We
in this AD to obtain corrective actions from front spar that potentially affects the wing’s will also post a report summarizing each
a manufacturer or other source, use these load capability. substantive verbal contact we receive
actions if they are FAA-approved. Corrective The proposed AD would require actions about this proposed AD.
actions are considered FAA-approved if they
that are intended to address the unsafe
are approved by the State of Design Authority Discussion
(or their delegated agent). You are required condition described in the MCAI.
DATES: We must receive comments on The European Aviation Safety Agency
to assure the product is airworthy before it
is returned to service. this proposed AD by March 6, 2008. (EASA), which is the Technical Agent
(3) Reporting Requirements: For any ADDRESSES: You may send comments by
for the Member States of the European
reporting requirement in this AD, under the any of the following methods: Community, has issued EASA
provisions of the Paperwork Reduction Act, • Federal eRulemaking Portal: Go to Airworthiness Directive 2007–0229,
the Office of Management and Budget (OMB) http://www.regulations.gov. Follow the dated August 15, 2007 (referred to after
has approved the information collection this as ‘‘the MCAI’’), to correct an unsafe
requirements and has assigned OMB Control
instructions for submitting comments.
• Fax: (202) 493–2251. condition for the specified products.
Number 2120–0056.
• Mail: U.S. Department of The MCAI states:
Related Information Transportation, Docket Operations, M– In 1997, Fokker introduced a new type of
(h) Refer to MCAI CAAI Airworthiness 30, West Building Ground Floor, Room Peri-seal (SBF 100–30–022). The old type
Directive 24–07–10–11, dated October 31, W12–140, 1200 New Jersey Avenue, SE., was known to be subject to deterioration,
2007, and Gulfstream Alert Service Bulletin Washington, DC 20590. which, in combination with improper
150–24A–046, dated October 31, 2007, for • Hand Delivery: U.S. Department of installation, can cause leakage of hot wing
related information. Transportation, Docket Operations, M– anti-icing air from the Peri-seal housing. This
results in an uncontrolled flow of high-
Issued in Renton, Washington, on January 30, West Building Ground Floor, Room pressure hot air to enter the forward (anti-
24, 2008. W12–40, 1200 New Jersey Avenue, SE., icing) plenum chamber of the wing leading
Ali Bahrami, Washington, DC, between 9 a.m. and 5 edge, potentially damaging the anti-icing
Manager, Transport Airplane Directorate, p.m., Monday through Friday, except barrier webs. Subsequently, the wing
Aircraft Certification Service. Federal holidays. auxiliary spar can also be damaged by high-
[FR Doc. E8–1988 Filed 2–4–08; 8:45 am] pressure hot air. Analysis at the time showed
Examining the AD Docket that any resulting damage (known to occur at
BILLING CODE 4910–13–P
You may examine the AD docket on inboard positions only) would not affect the
the Internet at http:// wing load capability. For this reason, the
www.regulations.gov; or in person at the modification was not classified as
DEPARTMENT OF TRANSPORTATION MANDATORY and no AD action was
Docket Operations office between 9 a.m. warranted. However, through a recent
Federal Aviation Administration and 5 p.m., Monday through Friday, occurrence, it was discovered that
except Federal holidays. The AD docket deterioration of the Peri-seals enables the
14 CFR Part 39 contains this proposed AD, the piccolo tubes to vibrate, resulting in a broken
regulatory evaluation, any comments piccolo tube. In this case, the location of the
[Docket No. FAA–2008–0117; Directorate failure was more outboard than previous
Identifier 2007–NM–273–AD]
received, and other information. The
street address for the Docket Operations occurrences. This condition, if not corrected,
RIN 2120–AA64 office (telephone (800) 647–5527) is in may cause heat damage to the front spar that
potentially affects the wing’s load capability.
the ADDRESSES section. Comments will Since an unsafe condition was identified,
Airworthiness Directives; Fokker be available in the AD docket shortly likely to exist or develop on an aircraft of this
Model F.28 Mark 0070 and Mark 0100 after receipt. type design, CAA (Civil Aviation Authority)
Airplanes FOR FURTHER INFORMATION CONTACT: Tom Netherlands issued AD NL–2006–011 to
AGENCY: Federal Aviation Rodriguez, Aerospace Engineer, require inspection of the Piccolo Tubes and
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International Branch, ANM–116, FAA, the surrounding structure to establish correct


Administration (FAA), DOT. installation, as well as the replacement of the
ACTION: Notice of proposed rulemaking
Transport Airplane Directorate, 1601
460-series Peri-seals by the improved 600-
(NPRM). Lind Avenue, SW., Renton, Washington series, which have a higher temperature
98057–3356; telephone (425) 227–1137; limit.
SUMMARY: We propose to adopt a new fax (425) 227–1149. Since the issuance of that AD, Fokker has
airworthiness directive (AD) for the SUPPLEMENTARY INFORMATION: developed a modification, published as

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6630 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules

Component Service Bulletin (CSB) D14000– comply with the basic requirements of List of Subjects in 14 CFR Part 39
57–007, for spare wing leading edge sections this proposed AD. The average labor
that may still contain the 460-series Peri- Air transportation, Aircraft, Aviation
rate is $80 per work-hour. Required safety, Safety.
seals. For that reason, this EASA AD retains parts would cost about $3,430 per
the requirements of AD NL–2006–011 and The Proposed Amendment
adds a limit for the allowed use of
product. Where the service information
unmodified wing leading edge section as lists required parts costs that are Accordingly, under the authority
replacement part. covered under warranty, we have delegated to me by the Administrator,
assumed that there will be no charge for the FAA proposes to amend 14 CFR part
The corrective actions include these costs. As we do not control
inspection of the piccolo tubes and the 39 as follows:
warranty coverage for affected parties,
wing leading edge for damage and some parties may incur costs higher PART 39—Airworthiness Directives
replacement of the Peri-seals or repair of than estimated here. Based on these
damage, as applicable. You may obtain figures, we estimate the cost of the 1. The authority citation for part 39
further information by examining the proposed AD on U.S. operators to be continues to read as follows:
MCAI in the AD docket. $65,430, or $7,270 per product. Authority: 49 U.S.C. 106(g), 40113, 44701.
Relevant Service Information Authority for This Rulemaking § 39.13 [Amended]
Fokker has issued Service Bulletin Title 49 of the United States Code 2. The FAA amends § 39.13 by adding
SBF100–30–028, Revision 1, dated April specifies the FAA’s authority to issue the following new AD:
17, 2007, and Component Service rules on aviation safety. Subtitle I,
Bulletin D14000–57–007, dated April Fokker Services B.V.: Docket No. FAA–
section 106, describes the authority of 2008–0117; Directorate Identifier 2007–
17, 2007. The actions described in this the FAA Administrator. ‘‘Subtitle VII: NM–273–AD.
service information are intended to Aviation Programs,’’ describes in more
correct the unsafe condition identified Comments Due Date
detail the scope of the Agency’s
in the MCAI. authority. (a) We must receive comments by March 6,
2008.
FAA’s Determination and Requirements We are issuing this rulemaking under
of This Proposed AD the authority described in ‘‘Subtitle VII, Affected ADs

This product has been approved by Part A, Subpart III, Section 44701: (b) None.
the aviation authority of another General requirements.’’ Under that Applicability
country, and is approved for operation section, Congress charges the FAA with
promoting safe flight of civil aircraft in (c) This AD applies to Fokker Model F.28
in the United States. Pursuant to our Mark 0070 and Mark 0100 airplanes,
bilateral agreement with the State of air commerce by prescribing regulations certificated in any category, all serial
Design Authority, we have been notified for practices, methods, and procedures numbers, except those previously modified
of the unsafe condition described in the the Administrator finds necessary for in accordance with Fokker Service Bulletin
MCAI and service information safety in air commerce. This regulation SBF 100–30–022.
referenced above. We are proposing this is within the scope of that authority
Subject
AD because we evaluated all pertinent because it addresses an unsafe condition
that is likely to exist or develop on (d) Air Transport Association (ATA) of
information and determined an unsafe America Code 30: Ice and Rain Protection.
condition exists and is likely to exist or products identified in this rulemaking
develop on other products of the same action. Reason
type design. Regulatory Findings (e) The mandatory continuing
airworthiness information (MCAI) states:
Differences Between This AD and the We determined that this proposed AD In 1997, Fokker introduced a new type of
MCAI or Service Information would not have federalism implications Peri-seal (SBF 100–30–022). The old type
under Executive Order 13132. This was known to be subject to deterioration,
We have reviewed the MCAI and which, in combination with improper
related service information and, in proposed AD would not have a
substantial direct effect on the States, on installation, can cause leakage of hot wing
general, agree with their substance. But anti-icing air from the Peri-seal housing. This
we might have found it necessary to use the relationship between the national
results in an uncontrolled flow of high-
different words from those in the MCAI Government and the States, or on the pressure hot air to enter the forward (anti-
to ensure the AD is clear for U.S. distribution of power and icing) plenum chamber of the wing leading
operators and is enforceable. In making responsibilities among the various edge, potentially damaging the anti-icing
these changes, we do not intend to differ levels of government. barrier webs. Subsequently, the wing
substantively from the information For the reasons discussed above, I auxiliary spar can also be damaged by high-
certify this proposed regulation: pressure hot air. Analysis at the time showed
provided in the MCAI and related that any resulting damage (known to occur at
service information. 1. Is not a ‘‘significant regulatory
inboard positions only) would not affect the
We might also have proposed action’’ under Executive Order 12866;
wing load capability. For this reason, the
different actions in this AD from those 2. Is not a ‘‘significant rule’’ under the modification was not classified as
in the MCAI in order to follow FAA DOT Regulatory Policies and Procedures MANDATORY and no AD action was
policies. Any such differences are (44 FR 11034, February 26, 1979); and warranted. However, through a recent
highlighted in a NOTE within the 3. Will not have a significant occurrence, it was discovered that
proposed AD. economic impact, positive or negative, deterioration of the Peri-seals enables the
on a substantial number of small entities piccolo tubes to vibrate, resulting in a broken
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Costs of Compliance under the criteria of the Regulatory piccolo tube. In this case, the location of the
failure was more outboard than previous
Based on the service information, we Flexibility Act.
occurrences. This condition, if not corrected,
estimate that this proposed AD would We prepared a regulatory evaluation may cause heat damage to the front spar that
affect about 9 products of U.S. registry. of the estimated costs to comply with potentially affects the wing’s load capability.
We also estimate that it would take this proposed AD and placed it in the Since an unsafe condition was identified,
about 48 work-hours per product to AD docket. likely to exist or develop on an aircraft of this

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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6631

type design, CAA (Civil Aviation Authority) which the AMOC applies, notify your proposed AD would add additional
Netherlands issued AD NL–2006–011 to appropriate principal inspector (PI) in the airplanes to the applicability and would
require inspection of the Piccolo Tubes and FAA Flight Standards District Office (FSDO), require the AFM revision for those
the surrounding structure to establish correct or lacking a PI, your local FSDO. additional airplanes. For certain
installation, as well as the replacement of the (2) Airworthy Product: For any requirement
460-series Peri-seals by the improved 600- in this AD to obtain corrective actions from
airplanes, this proposed AD would also
series, which have a higher temperature a manufacturer or other source, use these require installing new, improved full-
limit. actions if they are FAA-approved. Corrective authority digital engine-control
Since the issuance of that AD, Fokker has actions are considered FAA-approved if they (FADEC) software. This proposed AD
developed a modification, published as are approved by the State of Design Authority results from a report that, during
Component Service Bulletin (CSB) D14000– (or their delegated agent). You are required landing, the thrust reverser may not re-
57–007, for spare wing leading edge sections to assure the product is airworthy before it stow completely if the throttle lever is
that may still contain the 460-series Peri- is returned to service. moved into the forward thrust range
seals. For that reason, this EASA AD retains (3) Reporting Requirements: For any
the requirements of AD NL–2006–011 and immediately after the thrust reverser is
reporting requirement in this AD, under the
adds a limit for the allowed use of provisions of the Paperwork Reduction Act,
applied. We are proposing this AD to
unmodified wing leading edge section as the Office of Management and Budget (OMB) prevent the flightcrew from performing
replacement part. has approved the information collection a takeoff with a partially deployed
The corrective actions include inspection of requirements and has assigned OMB Control thrust reverser, which could result in
the piccolo tubes and the wing leading edge Number 2120–0056. reduced controllability of the airplane.
for damage and replacement of the Peri-seals DATES: We must receive comments on
or repair of damage, as applicable. Related Information
(h) Refer to European Aviation Safety this proposed AD by March 6, 2008.
Actions and Compliance Agency (EASA) Airworthiness Directive ADDRESSES: You may send comments by
(f) Unless already done, do the following 2007–0229, dated August 15, 2007, Fokker any of the following methods:
actions. Service Bulletin SBF100–30–028, Revision 1, • Federal eRulemaking Portal: Go to
(1) Within 4,000 flight hours or 12 months dated April 17, 2007, and Fokker Component http://www.regulations.gov. Follow the
after the effective date of this AD, whichever Service Bulletin D14000–57–007, dated April
occurs first, do the actions in paragraphs instructions for submitting comments.
17, 2007, for related information.
(f)(1)(i) and (f)(1)(ii) of this AD in accordance • Fax: 202–493–2251.
Issued in Renton, Washington, on January • Mail: U.S. Department of
with the Accomplishment Instructions of
24, 2008.
Fokker Service Bulletin SBF100–30–028, Transportation, Docket Operations, M–
Revision 1, dated April 17, 2007. Ali Bahrami, 30, West Building Ground Floor, Room
(i) Inspect for damage of the piccolo tubes Manager, Transport Airplane Directorate, W12–140, 1200 New Jersey Avenue, SE.,
and the wing leading edge on the outside and Aircraft Certification Service. Washington, DC 20590.
on the inside at the access panels. If any [FR Doc. E8–1991 Filed 2–4–08; 8:45 am]
damage is found that is beyond the limits • Hand Delivery: U.S. Department of
specified in the service bulletin, repair before
BILLING CODE 4910–13–P Transportation, Docket Operations, M–
further flight. 30, West Building Ground Floor, Room
(ii) Replace the 460-series Peri-seals in the W12–140, 1200 New Jersey Avenue, SE.,
riblets with improved 600-series Peri-seals. DEPARTMENT OF TRANSPORTATION Washington, DC 20590, between 9 a.m.
(2) As of 12 months after the effective date and 5 p.m., Monday through Friday,
of this AD, no person may install on any Federal Aviation Administration
except Federal holidays.
airplane a spare wing leading edge section
unless the leading edge section has been 14 CFR Part 39 For service information identified in
modified in accordance with Fokker this AD, contact Empresa Brasileira de
Component Service Bulletin D14000–57–007, [Docket No. FAA–2008–0119; Directorate Aeronautica S.A. (EMBRAER), P.O. Box
dated April 17, 2007. Identifier 2007–NM–304–AD] 343—CEP 12.225, Sao Jose dos
(3) Actions done before the effective date RIN 2120–AA64 Campos—SP, Brazil.
of this AD in accordance with Fokker Service
Bulletin SBF100–30–028, dated May 18, Examining the AD Docket
Airworthiness Directives; Empresa
2006, are considered acceptable for Brasileira de Aeronautica S.A. You may examine the AD docket on
compliance with the actions required by the Internet at http://
(EMBRAER) Model ERJ 170 Airplanes
paragraph (f)(1) of this AD.
and Model ERJ 190 Airplanes www.regulations.gov; or in person at the
FAA AD Differences Docket Management Facility between 9
AGENCY: Federal Aviation a.m. and 5 p.m., Monday through
Note: This AD differs from the MCAI and/ Administration (FAA), Department of
or service information as follows: No Friday, except Federal holidays. The AD
Transportation (DOT). docket contains this proposed AD, the
differences.
ACTION: Notice of proposed rulemaking regulatory evaluation, any comments
Other FAA AD Provisions (NPRM). received, and other information. The
(g) The following provisions also apply to street address for the Docket Office
this AD: SUMMARY: The FAA proposes to
(telephone 800–647–5527) is in the
(1) Alternative Methods of Compliance supersede an existing airworthiness
ADDRESSES section. Comments will be
(AMOCs): The Manager, International directive (AD) that applies to all
available in the AD docket shortly after
Branch, ANM–116, Transport Airplane EMBRAER Model ERJ 170–100 LR, –100
Directorate, FAA, has the authority to
receipt.
SE, –100 STD, and –100 SU airplanes;
approve AMOCs for this AD, if requested and Model ERJ 190–100 IGW, –100 LR, FOR FURTHER INFORMATION CONTACT: Dan
using the procedures found in 14 CFR 39.19. and –100 STD airplanes. The existing Rodina, Aerospace Engineer,
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Send information to ATTN: Tom Rodriguez, AD currently requires revising the International Branch, ANM–116,
Aerospace Engineer, International Branch, Transport Airplane Directorate, FAA,
ANM–116, Transport Airplane Directorate,
Limitations section of the airplane flight
manual (AFM) to prohibit the flightcrew 1601 Lind Avenue, SW., Renton,
FAA, 1601 Lind Avenue, SW., Renton,
from moving the throttle into the Washington 98057–3356; telephone
Washington 98057–3356; telephone (425)
227–1137; fax (425) 227–1149. Before using forward thrust range immediately after (425) 227–2125; fax (425) 227–1149.
any approved AMOC on any airplane to applying the thrust reverser. This SUPPLEMENTARY INFORMATION:

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