[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Rules and Regulations]
[Pages 63159-63162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30081]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-327-AD; Amendment 39-12527; AD 2001-24-10]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0100 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Fokker Model F.28 Mark 0100 series airplanes. 
This action requires repetitive inspections of certain main landing 
gear (MLG) main fittings to detect forging defects, and rework of the 
main fittings if necessary. This action is necessary to detect forging 
defects of the MLG main fittings, which could lead to cracking and 
result in significant structural damage to the airplane and possible 
injury to the occupants.

DATES: Effective December 20, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 20, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before January 4, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-327-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via the Internet must contain 
``Docket No. 2001-NM-327-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    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 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.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Civil Aviation Authority--The 
Netherlands (CAA-NL), which is the airworthiness authority for the 
Netherlands, notified the FAA that an unsafe condition may exist on 
certain Fokker Model F.28 Mark 0100 series airplanes. The CAA-NL 
advises that, upon touchdown, a main landing gear (MLG) main fitting 
failed, causing the lower part of the main fitting to break off, 
including the MLG sliding member, wheels, and brakes. Subsequent 
inspection revealed a crack, located 5 centimeters outboard from the 
inboard face of the upstop damper abutment, which measured 12 
millimeters in length and 2.5 millimeters in depth. In that same area, 
an operator found 3 more MLG main fittings with an indication of an 
eddy current defect. In several other cases, the crack was determined 
to be due to a forging defect. This condition, if not corrected, could 
lead to cracking and result in significant structural damage to the 
airplane and possible injury to the occupants.

Explanation of Relevant Service Information

    Messier-Dowty Limited has issued Messier-Dowty Service Bulletin No. 
F100-32-101, including Appendices A and B, dated October 25, 2001, 
which describes procedures for two inspections of the MLG fittings for 
cracking and rework of the MLG main fittings within certain areas.
    Service Bulletin No. F100-32-101 refers to Messier-Dowty Service 
Bulletin No. F100-32-100, Revision 1, dated June 19, 2001, and Fokker 
Service Bulletin SBF100-32-131, dated October 25, 2001, as additional 
sources of service information for the inspections and rework actions.
    The CAA-NL classified Messier-Dowty Service Bulletin No. F100-32-
100 as mandatory and issued Dutch airworthiness directive BLA 2001-080, 
dated June 29, 2001, for a one-time eddy current inspection and rework 
actions to assure the continued airworthiness of these airplanes in the 
Netherlands.

FAA's Determination

    Although the previously referenced Dutch airworthiness directive 
specifies

[[Page 63160]]

a one-time eddy current inspection on MLG main fittings and rework 
actions per Messier-Dowty Service Bulletin No. F100-32-100, the FAA has 
determined that the initial and repetitive inspections required by 
paragraph (a) of this AD and the rework actions, if necessary, required 
by paragraph (b) of this AD must be made per Messier-Dowty Service 
Bulletin No. F100-32-101. This determination was made because the 
manufacturer informed the FAA that findings made after the issuance of 
Service Bulletin F100-32-100 indicate the need for additional eddy 
current inspections of the MLG main fittings. Findings also reveal that 
detection of closed forging folds might not be possible and that the 
forging folds would open when the main fittings are subjected to 
certain landing load levels. Because some detectable indications could 
be missed during the initial inspection, repetitive inspections are 
required to identify all detectable forging fold defects. To address 
these findings, Messier-Dowty has issued Service Bulletin No. F100-32-
101 to specify additional inspections to safeguard the structural 
integrity of the MLG. As a result, the inspections required by 
paragraph (a) of this AD must be done per Service Bulletin No. F100-32-
101 instead of Service Bulletin No. F100-032-100.

FAA's Conclusions

    This airplane model is 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 CAA-NL has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the CAA-NL, 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 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 detect forging defects 
of the MLG, and rework of the MLG main fittings if necessary. This AD 
requires initial and repetitive eddy current inspections of certain MLG 
main fittings to detect forging defects, and rework of the main 
fittings if necessary. This AD also would require that operators report 
all findings of the eddy current inspections to Fokker Services B.V. 
This AD requires accomplishment of the actions per Messier-Dowty 
Service Bulletin No. F100-32-101, as described previously, except as 
discussed below.

Differences Between Dutch Airworthiness Directive and This AD

    Operators should note that, as described earlier, Dutch 
airworthiness directive BLA 2001-080 specifies only a one-time eddy 
current inspection of the MLG main fittings and rework actions per 
Messier-Dowty Service Bulletin No. F100-32-100, or a later revision 
approved by the CAA-NL. However, this AD requires an initial eddy 
current inspection and repetitive inspections, and rework of the MLG 
main fittings if necessary, per Messier-Dowty Service Bulletin No. 
F100-32-101. The CAA-NL has notified the FAA that it will issue a new 
Dutch airworthiness directive to mandate the inspections, and rework if 
necessary, specified by Service Bulletin No. F100-32-101. However, 
operators should note that this AD differs from Dutch airworthiness 
directive BLA 2001-080 in that it would require continuing the 
inspections until a final terminating action is identified.
    Operators also should note that a later revision of a service 
bulletin may not be referenced in an AD because the use of the phrase 
``or a later revision'' would violate Office of the Federal Register 
regulations regarding the approval of materials that are incorporated 
by reference.

Differences Between the Service Information and This AD

    Operators should note the following differences between Service 
Bulletin No. F100-32-101 and this AD:
     Although the referenced service bulletin specifies only 
two eddy current inspections, this AD requires an initial inspection 
and repetitive inspections until a final terminating action is 
identified. The FAA point outs that the exclusion of continued 
inspections after only two inspections relies on a damage tolerance 
approach. This approach leads the manufacturer to the conclusion that 
the crack growth is of a magnitude that would not lead to failure prior 
to overhaul. However, we do not agree with such a conclusion as there 
are a number of unknown variables associated with detecting and 
anticipating the effects of forging fold defects. For this reason, we 
have determined that requiring only two inspections would not 
adequately address the identified unsafe condition and that continued 
inspections until accomplishment of a terminating action are necessary 
to ensure the continued airworthiness of the fleet.
     Although the referenced service bulletin specifies that 
the parts manufacturer may be contacted for disposition of certain 
discrepancies, this AD would require the repair of those conditions to 
be accomplished in accordance with a method approved by either the FAA, 
or CAA-NL (or its delegated agent). In light of the type of repair that 
would be required to address the identified unsafe condition, and in 
consonance with existing bilateral airworthiness agreements, the FAA 
has determined that, for this AD, a repair approved by either the FAA 
or CAA-NL (or its delegated agent) would be acceptable for compliance 
with this AD.
     The referenced service bulletin specifies that, after 
accomplishing the actions specified in that service bulletin, rework of 
the MLG main fittings is to be accomplished per a new service bulletin, 
Messier-Dowty Service Bulletin F100-32-102. However, because the new 
service bulletin has not been issued yet, this AD cannot specify that 
service bulletin. The new service bulletin is expected to include 
procedures that would terminate the need for the inspections required 
by this AD.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing rework procedures that will 
positively address the unsafe condition addressed by this AD. Once this 
procedure is developed, approved, and available, the FAA may consider 
additional rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an 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

[[Page 63161]]

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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 2001-NM-327-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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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:

2001-24-10  Fokker Services B.V.: Amendment 39-12527. Docket 2001-
NM-327-AD.

    Applicability: Model F.28 Mark 0100 series airplanes, 
certificated in any category, equipped with Messier-Dowty main 
landing gear units having part numbers (P/N) 201072011, 201072012, 
201072013, 201072014, 201072015, or 201072016, that include main 
fitting subassemblies having P/Ns 201072283, 201072284, or 201251258 
(main fittings having P/Ns 201072383, 201072384, or 201072389).

    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 (f) 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.

    Note 2: This AD references Messier-Dowty Service Bulletin No. 
F100-32-101, including Appendices A and B, dated October 25, 2001, 
which is not referenced in Dutch airworthiness directive BLA 2001-
080, dated June 29, 2001. In addition, this AD specifies additional 
inspections that are beyond those included in the service bulletin. 
Where there are differences between the AD and the service 
information, the AD prevails.

    To detect forging defects of the main landing gear (MLG), which 
could lead to cracking and result in significant structural damage 
to the airplane and possible injury to the occupants, accomplish the 
following:
    Initial and Repetitive Inspections
    (a) Before the accumulation of 1,000 total landings on a new 
MLG, or within 30 days after the effective date of this AD, 
whichever occurs later: Do an initial eddy current inspection on all 
MLG main fittings to detect forging defects per Messier-Dowty 
Service Bulletin No. F100-32-101, including Appendices A and B, 
dated October 25, 2001. After accomplishment of the initial 
inspection, repeat the inspection thereafter at intervals not to 
exceed 500 landings or 6 months, whichever occurs first, per the 
service bulletin.

Rework

    (b) After any inspection required by paragraph (a) of this AD, 
before further flight, accomplish the applicable actions required by 
paragraph (b)(1) or (b)(2) of this AD.
    (1) If any cracking is found within the limits specified in 
Messier-Dowty Service Bulletin No. F100-32-101, including Appendices 
A and B, dated October 25, 2001: Rework the MLG main fitting per the 
service bulletin.
    (2) If any cracking is found that exceeds the limits specified 
in Messier-Dowty Service Bulletin No. F100-32-101, including 
Appendices A and B, dated October 25, 2001: Rework the MLG main 
fitting per a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the Civil Aviation 
Authority `` The Netherlands (CAA-NL) (or its delegated agent).

Exception to Service Information

    (c) During any action required by this AD, if the service 
bulletin specifies to contact Messier-Dowty for an appropriate 
action: Before further flight, repair per a method approved by the 
Manager, International Branch, ANM-116; or the CAA-NL (or its 
delegated agent).

Reporting Requirement

    (d) Within 7 days after accomplishing any inspection required by 
paragraph (a) of this AD: Submit a report of the inspection findings 
(positive and negative) to Fokker Services B.V, Technical Services 
Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, fax 
number 31 (0) 252 627211. The report must include MLG crack 
indication, part number, serial number, crack depth and length, and 
a description of any rework of the MLG main fittings accomplished. 
Information collection requirements contained in this AD have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.

Spares

    (e) As of the effective date of this AD, no person shall install 
on any airplane, an MLG main fitting or main fitting subassembly 
having a part number specified in Paragraph 1.A of the 
``Effectivity'' in Messier-Dowty

[[Page 63162]]

Service Bulletin No. F100-32-101, including Appendices A and B, 
dated October 25, 2001, unless the MLG fitting has been inspected, 
and the rework actions accomplished if necessary, per the service 
bulletin.

Alternative Methods of Compliance

    (f) 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. 
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 3: 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

    (g) 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

    (h) Except for the actions required by paragraphs (b)(2) and (c) 
of this AD, the actions shall be done in accordance with Messier-
Dowty Service Bulletin No. F100-32-101, including Appendices A and 
B, dated October 25, 2001. 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 
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 4: The subject of this AD is addressed in Dutch 
airworthiness directive BLA 2001-080, dated June 29, 2001.

Effective Date

    (i) This amendment becomes effective on December 20, 2001.

    Issued in Renton, Washington, on November 26, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-30081 Filed 12-4-01; 8:45 am]
BILLING CODE 4910-13-U