[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Proposed Rules]
[Pages 12582-12585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5943]



[[Page 12582]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-162-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain Fokker Model F.28 
Mark 0100 series airplanes, that currently 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 would require either replacement of each MLG with a MLG that has 
main fittings that have been inspected and reworked, or various one-
time inspections of the main fittings and rework if necessary. Either 
of these actions would constitute terminating action for the repetitive 
inspections. This action would also revise the applicability by adding 
airplanes. The actions specified by the proposed AD are intended 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. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by April 16, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-162-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. 2003-NM-162-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: 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:

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:
     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 proposed 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 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.
    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 2003-NM-162-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. 2003-NM-162-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On November 26, 2001, the FAA issued AD 2001-24-10, amendment 39-
12527 (66 FR 63159, December 5, 2001), applicable to certain Fokker 
Model F.28 Mark 0100 series airplanes. That AD requires repetitive 
inspections of certain main landing gear (MLG) main fittings to detect 
forging defects, and rework of the main fittings if necessary. The 
requirements of that AD are intended 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.

Actions Since Issuance of Previous AD

    Since the issuance of that AD, the airplane manufacturer has 
advised us that additional airplanes (Model F.28 Mark 0070 series 
airplanes) may be equipped with the same Messier-Dowty MLG units that 
are subject to the identified unsafe condition.
    Also, the preamble to AD 2001-24-10 specified that we considered 
the requirements ``interim action'' and that the manufacturer was 
developing rework procedures to address the unsafe condition. The 
manufacturer now has developed such rework procedures, and we have 
determined that further rulemaking is indeed necessary; this proposed 
AD follows from that determination.

Explanation of Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-32-134, 
dated March 24, 2003. Part 1 of the service bulletin describes 
procedures for removing the MLGs from the airplane; doing a detailed 
inspection of the MLG pintle pins, side stay attachment pins, and MLG 
retract actuator attachment bolts; and installing MLGs with main 
fittings that were reworked.
    Part 2 of Fokker Services B.V. Service Bulletin SBF100-32-134 
describes procedures for doing eddy current and etch penetrant 
inspections on MLG main fittings and identifying MLGs that have been 
inspected. For discrepancies (e.g., cracking or detected flaws of up to 
50% of the calibration amplitude of the eddy current flaw detector) 
found during the inspections, Part 2 also includes procedures for 
reworking certain discrepancies and contacting the part manufacturer 
for discrepancies that are outside the permitted rework areas,

[[Page 12583]]

or that cannot be removed within the limits specified in the service 
bulletin.
    Both Parts 1 and 2 of Service Bulletin SBF100-32-134 refer to 
Messier-Dowty Ltd. Service Bulletin F100-32-102, including Appendices 
A, B, and C, dated February 24, 2003, as an additional source of 
information for reworking the main fittings of the MLGs, doing the eddy 
current and etch penetrant inspections, and identifying MLGs that have 
been inspected.
    The Civil Aviation Authority--The Netherlands (CAA-NL), which is 
the airworthiness authority for the Netherlands, classified Fokker 
Service Bulletin SBF100-32-134 and Messier-Dowty Ltd. Service Bulletin 
F100-32-102 as mandatory and issued Dutch airworthiness directive 2003-
040, dated March 31, 2003, to ensure the continued airworthiness of 
these airplanes in the Netherlands.

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 AD

    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 supersede AD 2001-24-10 to 
continue to require repetitive inspections of certain MLG main fittings 
to detect forging defects, and rework of the main fittings if 
necessary. The proposed AD also would require either replacement of the 
MLG with a MLG that has main fittings that have been inspected and 
reworked, or various one-time inspections of the main fittings, and 
rework if necessary. Either of these actions would constitute 
terminating action for the repetitive inspections. This action would 
also revise the applicability by adding airplanes. The actions would be 
required to be accomplished in accordance with the service bulletins 
described previously, except as discussed below.

Differences Among the Proposed AD, Service Bulletins, and Dutch 
Airworthiness Directive

    The Dutch airworthiness directive and Fokker Service Bulletin 
SBF100-32-134 recommend that the actions which terminate the repetitive 
inspections be accomplished prior to or during the next scheduled 
overhaul of the affected MLG main fitting. Because overhaul schedules 
vary among operators, this proposed AD would require accomplishment of 
the terminating actions prior to the accumulation of 16,000 total 
landings on a new MLG. This compliance time represents the life limit 
for the MLG main fitting.
    Operators should note that, although the Dutch airworthiness 
directive describes procedures for reporting inspection results to 
Messier-Dowty and Fokker B.V. Services, this proposed AD would not 
require those actions.
    Although Fokker Service Bulletin SBF100-32-134 and Messier-Dowty 
Ltd. Service Bulletin F100-32-102 both specify that the parts 
manufacturer may be contacted for disposition of certain discrepancies, 
this proposed 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.

Change to Requirements of Existing AD

    AD 2001-24-10 included a reporting requirement to enable the 
manufacturer to obtain better insight into the nature, cause, and 
extent of the cracking, and to develop final action to address the 
unsafe condition. This proposed AD includes such final action; 
therefore, the reporting requirement is not included in the 
requirements of this proposed AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR Part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOC). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD. Therefore, paragraph (g) and Note 1 of AD 2001-24-10 are 
not included in this proposed AD.

Cost Impact

    There are approximately 70 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The repetitive inspections currently required by AD 2001-24-10 take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $9,100, or $130 per airplane, per inspection cycle.
    Should an operator rework a MLG per Part 1 of Fokker Service 
Bulletin SBF100-32-134, it would take approximately 44 work hours per 
airplane at an average labor rate of $65 per work hour. Based on these 
figures, the cost impact of the proposed modification is estimated to 
be $2,860 per airplane.
    Should an operator do the inspections specified in Messier-Dowty 
Service Bulletin F100-32-102, it would take approximately 2 work hours 
per airplane at an average labor rate of $65 per work hour. Based on 
these figures, the cost impact of the proposed inspections is estimated 
to be $130 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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

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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 removing amendment 39-12527 (66 FR 
63159, December 5, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Fokker Services B.V.: Docket 2003-NM-162-AD. Supersedes AD 2001-24-
10, Amendment 39-12527.

    Applicability: Model F.28 Mark 0070 and 0100 series airplanes, 
certificated in any category, equipped with a Messier-Dowty main 
landing gear (MLG) unit having a part number (P/N) with a main 
fitting sub-assembly, as listed in Table 1 of this AD.

                                             Table 1.--Applicability
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                             P/N--                              Which includes a main fitting sub-assembly P/N--
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201072011.....................................................  201072283, 201072284, or 201251258 (main fitting
                                                                 P/N 201072383, 201072384, or 201072389)
201072012.....................................................  201072283, 201072284, or 201251258 (main fitting
                                                                 P/N 201072383, 201072384, or 201072389)
201072013.....................................................  201072283, 201072284, or 201251258 (main fitting
                                                                 P/N 201072383, 201072384, or 201072389)
201072014.....................................................  201072283, 201072284, or 201251258 (main fitting
                                                                 P/N 201072383, 201072384, or 201072389)
201072015.....................................................  201072283, 201072284, or 201251258 (main fitting
                                                                 P/N 201072383, 201072384, or 201072389)
201072016.....................................................  201072283, 201072284, or 201251258 (main fitting
                                                                 P/N 201072383, 201072384, or 201072389)
----------------------------------------------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously.
    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, accomplish the 
following:

Restatement of the Requirements of AD 2001-24-10: Initial and 
Repetitive Inspections

    (a) For Fokker Model F.28 Mark 0100 series airplanes: Before the 
accumulation of 1,000 total landings on a new MLG, or within 30 days 
after December 20, 2001 (the effective date of AD 2001-24-10, 
amendment 39-12527), whichever occurs later, do an initial eddy 
current inspection on all MLG main fittings to detect forging 
defects, per Messier-Dowty Ltd. Service Bulletin F100-32-101, 
including Appendices A and B, dated October 25, 2001. After 
accomplishment of the initial inspection, repeat the eddy current 
inspection thereafter at intervals not to exceed 500 landings or 6 
months, whichever occurs first, per the service bulletin. 
Accomplishment of the actions required by paragraph (f) of this AD 
terminates the repetitive inspections. Although this service 
bulletin specifies to submit certain information to the part 
manufacturer, this AD does not include such a requirement.

Rework

    (b) For Fokker Model F.28 Mark 0100 series airplanes: 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 Ltd. Service Bulletin 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 Ltd. Service Bulletin 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 Ltd. 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).

New Actions Required by This AD

Initial and Repetitive Inspections

    (d) For Fokker Model F.28 Mark 0070 series airplanes: 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 Ltd. Service Bulletin 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. Accomplishment of 
the actions required by paragraph (f) of this AD terminates the 
repetitive inspections.

Rework

    (e) For Fokker Model F.28 Mark 0070 series airplanes: After any 
inspection required by paragraph (d) of this AD, before further 
flight, accomplish the applicable actions required by paragraph 
(e)(1) or (e)(2) of this AD.
    (1) If any cracking is found within the limits specified in 
Messier-Dowty Ltd. Service Bulletin 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 Ltd. Service Bulletin 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; or the CAA-NL (or its delegated agent).

Terminating Actions

    (f) For all airplanes: Before the accumulation of 16,000 total 
landings on a new MLG, do the actions in paragraph (f)(1) or (f)(2) 
of this AD. Accomplishment of paragraph (f)(1) or (f)(2) of this AD 
constitutes terminating action for the repetitive inspections 
required by paragraphs (a) and (d) of this AD.
    (1) Replace the main fitting of the MLG with a main fitting that 
has had a detailed inspection to detect forging defects and has been 
reworked, per paragraph 2.B., Part 1, of the Accomplishment 
Instructions of Fokker Service Bulletin SBF100-32-134, dated March 
24, 2003. Any discrepancy found during the detailed inspection must 
be repaired before further flight per the Fokker 100 Aircraft 
Maintenance Manual and Messier-Dowty Ltd. Component Maintenance 
Manual 32-11-04; or per a method approved by the Manager, 
International Branch, ANM-116, or the CAA-NL (or its delegated 
agent).

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or

[[Page 12585]]

irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''


    Note 2: Fokker Service Bulletin SBF100-32-134, dated March 24, 
2003, references Messier-Dowty Ltd. Service Bulletin F100-32-102, 
including Appendices A, B, and C, dated February 24, 2003, as an 
additional source of service information for reworking the main 
fitting of each MLG.

    (2) Do eddy current and etch penetrant inspections, as 
applicable, to detect forging defects; and rework the main fitting 
of each MLG, as applicable; by accomplishing all of the actions in 
paragraph 3.C. of the Accomplishment Instructions of Messier-Dowty 
Ltd. Service Bulletin F100-32-102, including Appendices A, B, and C, 
dated February 24, 2003. Do all of the actions per the service 
bulletin. Any rework must be done before further flight.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
MLG, MLG main fitting sub-assembly, or MLG main fitting having a P/N 
listed in Messier-Dowty Ltd. Service Bulletin F100-32-102, including 
Appendices A, B, and C, dated February 24, 2003, on any airplane 
unless the part has been inspected and reworked, as applicable, per 
that service bulletin.

Alternative Methods of Compliance

    (h) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, is authorized to approve alternative methods of 
compliance for this AD.

    Note 3: The subject of this AD is addressed in Dutch 
airworthiness directive 2003-040, dated March 31, 2003.


    Issued in Renton, Washington, on March 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5943 Filed 3-16-04; 8:45 am]
BILLING CODE 4910-13-P