[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Proposed Rules]
[Pages 3039-3041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1307]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-256-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Fokker Model F.28 Mark 
0070 and 0100 series airplanes. This proposal would require a magnetic 
inspection of the sliding members in the main landing gear (MLG) for 
cracking, and replacement of the sliding members with serviceable 
parts, if necessary. This action is necessary to prevent fatigue 
cracking of the sliding member, which could result in possible 
separation of the MLG from the airplane and consequent reduced 
controllability of the airplane upon landing and possible injury to 
passengers. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by February 23, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-256-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 fax or the Internet must 
contain ``Docket No. 2002-NM-256-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Fokker Services B.V., PO 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.

FOR FURTHER INFORMATION CONTACT: Thomas 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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.

[[Page 3040]]

    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-256-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-256-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 0070 
and 0100 series airplanes. The CAA-NL advises that it received a report 
of the sliding member of a main landing gear (MLG) breaking off during 
pushback of the airplane from the gate. The failure occurred during 
braking while the airplane was moving backwards, immediately after the 
tow bar was inadvertently disconnected. Investigation revealed that the 
separation had been caused by overload, initiated by a fatigue crack on 
the aft side of the sliding member of the MLG. Further investigation on 
spare parts and airplanes in service revealed additional units with 
cracks in the affected area. Such fatigue cracking, if not corrected, 
could result in possible separation of the MLG from the airplane and 
consequent reduced controllability of the airplane upon landing and 
possible injury to passengers.

Explanation of Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-32-
133, dated April 1, 2002, which describes procedures for performing a 
magnetic inspection of the sliding members of the MLG for cracking, and 
replacing the sliding members with serviceable parts, if necessary. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
CAA-NL classified this service bulletin as mandatory and issued Dutch 
airworthiness directive 2002-060, dated April 29, 2002, to ensure the 
continued airworthiness of these airplanes in the Netherlands.

Explanation of Secondary Service Information

    The Fokker service bulletin references Messier-Dowty Service 
Bulletin F100-32-103, dated March 11, 2002, as an additional source of 
service information for accomplishment of the magnetic inspection.

FAA's Conclusions

    These airplane models are manufactured in the Netherlands and are 
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 Proposed 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, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Difference Between Proposed Rule and Referenced Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced Fokker service bulletin describe 
procedures for reporting inspection findings to Fokker Services B.V., 
this proposed AD would not require that action. The FAA does not need 
this information from operators.

Cost Impact

    The FAA estimates that 110 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 or 12 
work hours per airplane, depending on the airplane configuration, to 
accomplish the proposed inspection, and that the average labor rate is 
$65 per work hour. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $28,600 or $85,800, or 
$260 or $780 per airplane, depending on the airplane configuration.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Fokker Services B.V.: Docket 2002-NM-256-AD.

    Applicability: Model F.28 Mark 0070 and 0100 series airplanes, 
certificated in any

[[Page 3041]]

category, equipped with any Dowty or Messier-Dowty main landing gear 
(MLG) listed in Table 1 of this AD.

                        Table 1.--Affected MLGs.
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                                          Which have sliding member P/N--
     MLG having part number  (P/N)--
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201072011...............................  201072301 or 201072305.
201072012...............................  201072301 or 201072305.
201072013...............................  201072301 or 201072305.
201012014...............................  201072301 or 201072305.
201072015...............................  201072301 or 201072305.
201072016...............................  201072301 or 201072305.
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    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the sliding member, which could 
result in possible separation of the MLG from the airplane and 
consequent reduced controllability of the airplane upon landing and 
possible injury to passengers, accomplish the following:

Inspection and Replacement If Necessary

    (a) Within 1,000 flight cycles or six months after the effective 
date of this AD, whichever occurs first, perform a magnetic 
inspection of the sliding members of the MLG for cracking, in 
accordance with the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-32-133, dated April 1, 2002. If any crack is found 
during the inspection, before further flight, replace the sliding 
members with serviceable parts in accordance with the Accomplishment 
Instructions of the service bulletin.

    Note 1: Fokker Service Bulletin SBF100-32-133, dated April 1, 
2002, refers to Messier-Dowty Service Bulletin F100-32-103, dated 
March 11, 2002, as an additional source of service information.

Parts Installation

    (b) As of the effective date of this AD, no person may install a 
sliding member of the MLG, P/N 201072301 or P/N 201072305, on any 
airplane, unless it has been inspected in accordance with the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
133, dated April 1, 2002, and found to be serviceable.

Reporting Requirement Difference

    (c) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include such a requirement.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, FAA, Transport Airplane Directorate, is authorized to 
approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Dutch 
airworthiness directive 2002-060, dated April 29, 2002.


    Issued in Renton, Washington, on January 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1307 Filed 1-21-04; 8:45 am]
BILLING CODE 4910-13-P