[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Proposed Rules]
[Pages 40945-40948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11416]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Fokker Model F.28 Mark 0070 and 
0100 airplanes. The existing AD currently requires a one-time 
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 proposed AD would require repetitive magnetic 
particle inspections of the sliding members of the MLG for cracking and 
corrective actions as necessary. This proposed AD results from 
inspection findings that have shown repetitive inspections are needed 
to establish fleet safety. We are proposing this AD to detect and 
correct 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.

DATES: We must receive comments on this proposed AD by August 18, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400

[[Page 40946]]

Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 
20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Fokker Services B.V., Technical Services Dept., P.O. Box 
231, 2150 AE Nieuw-Vennep, the Netherlands, for service information 
identified in this proposed AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-25391; Directorate Identifier 2006-NM-097-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    On April 1, 2004, we issued AD 2004-08-01, amendment 39-13570 (69 
FR 19759, April 14, 2004), for certain Fokker Model F.28 Mark 0070 and 
0100 airplanes. That AD requires a one-time inspection of the sliding 
members of the main landing gear (MLG) for cracking and replacement of 
the sliding members with serviceable parts if necessary. That AD 
resulted from a report of the sliding member of the left MLG breaking 
off during pushback of the airplane from the gate. We issued that AD 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-08-01, the Civil Aviation Authority--The 
Netherlands (CAA-NL), has notified us that the unsafe condition of that 
AD may still exist on certain Fokker Model F.28 Mark 0070 and 0100 
airplanes. Based on findings from inspections mandated by Dutch 
airworthiness directive 2002-060, dated April 29, 2002, and Dutch 
airworthiness directive 2004-046, dated April 20, 2004, the CAA-NL 
advises that repetitive inspections are needed to establish fleet 
safety. (The CAA-NL issued Dutch airworthiness directive 2002-060 to 
address the unsafe condition of AD 2004-08-01 on airplanes in the 
Netherlands. Subsequently, the CAA-NL also issued Dutch airworthiness 
directive 2004-046 to require an additional one-time inspection of the 
sliding members of the MLG for cracking.) Fatigue cracking of the 
sliding member of the MLG, 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.

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-32-144, 
dated September 19, 2005. The service bulletin describes procedures for 
doing repetitive magnetic particle inspections of the sliding members 
of the left and right MLG for cracking and related investigative action 
and corrective actions as necessary. The related investigative action 
is an optional penetrant flaw detection check of a sliding member for 
cracking, which can be performed to verify the findings of the magnetic 
particle inspection. The corrective actions include removing any 
surface damage from the radius and replacing any cracked sliding member 
with a serviceable part. Accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition. The CAA-NL mandated the service information and issued Dutch 
airworthiness directive NL-2005-012, dated October 17, 2005, to ensure 
the continued airworthiness of these airplanes in the Netherlands.
    Fokker Service Bulletin SBF100-32-144 refers to Messier-Dowty 
Service Bulletin F100-32-110, dated August 25, 2005, as an additional 
source of service information for accomplishing the magnetic particle 
inspection.
    Fokker Services B.V. also has issued Service Bulletin SBF100-32-
139, dated March 5, 2004. The procedures in Fokker Service Bulletin 
SBF100-32-139 are essentially the same as those in Fokker Service 
Bulletin SBF100-32-133, dated April 1, 2002, which we referenced in AD 
2004-08-01 as the appropriate source of service information for 
accomplishing a one-time magnetic inspection. The CAA-NL mandated 
Fokker Service Bulletin SBF100-32-139 and issued Dutch airworthiness 
directive 2004-046 to require an additional one-time magnetic 
inspection of the sliding members of the MLG for cracking. Fokker 
Service Bulletin SBF100-32-139 refers to Messier-Dowty Service Bulletin 
F100-32-105, dated March 2, 2004, as an additional source of service 
information for accomplishing the magnetic inspection.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the CAA-
NL's findings, evaluated all pertinent information, and determined that 
AD action is necessary for airplanes of this type design that are 
certificated for operation in the United States.
    This proposed AD would supersede AD 2004-08-01 and would retain the 
requirements of the existing AD. This proposed AD would also require

[[Page 40947]]

accomplishing the actions specified in service bulletin described 
previously, except as discussed under ``Differences Among the Proposed 
AD, Dutch Airworthiness Directive, and Service Bulletin.''

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

    Paragraph (d) of Dutch airworthiness directive NL-2005-012 requires 
a magnetic inspection of the MLG sliding members before further flight 
after every high drag load landing. Also, paragraph (e) of Dutch 
airworthiness directive NL-2005-012 requires an inspection of the MLG 
sliding members within 50 flight hours after the airplane brakes are 
applied during backward movement of the airplane. Fokker Service 
Bulletin SBF-100-32-144 also recommends accomplishing these inspections 
in paragraphs 1.E.(4) and (5) of the service bulletin. This proposed 
AD, however, does not require either of those inspections since there 
is no legal way to track high drag load landings or application of the 
brakes during backward movement of the airplane. We have coordinated 
these differences with the CAA-NL.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2004-08-01. 
Since AD 2004-08-01 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD 2004-08-01               this proposed AD
------------------------------------------------------------------------
paragraph (a)...........................  paragraph (f).
paragraph (b)...........................  paragraph (g).
paragraph (c)...........................  paragraph (h).
------------------------------------------------------------------------

Costs of Compliance

    This proposed AD would affect about 37 airplanes of U.S. registry.
    The inspection that is required by AD 2004-08-01 and retained in 
this proposed AD takes either about 4 or 12 work hours per airplane, 
depending on airplane configuration, at an average labor rate of $80 
per work hour. Based on these figures, the estimated cost of the 
currently required actions is either $320 or $960 per airplane, 
depending on airplane configuration.
    The new proposed inspections would take about 2 work hours per 
airplane, at an average labor rate of $80 per work hour. Based on these 
figures, the estimated cost of the new inspections specified in this 
proposed AD for U.S. operators is $5,920, or $160 per airplane, per 
inspection cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13570 (69 FR 19759, April 14, 2004) and adding 
the following new airworthiness directive (AD):

Fokker Services B.V.: Docket No. FAA-2006-25391; Directorate 
Identifier 2006-NM-097-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 
18, 2006.

Affected ADs

    (b) This AD supersedes AD 2004-08-01.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and 0100 
airplanes, certificated in any category; equipped with any Dowty or 
Messier-Dowty main landing gear (MLG) listed in Table 1 of this AD.

                        Table 1.--Affected Parts
------------------------------------------------------------------------
       MLG Part No.  (P/N)--         Equipped with sliding member 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.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from inspection findings that have shown 
repetitive inspections are needed to establish fleet safety. We are 
issuing this AD to detect and correct 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.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

[[Page 40948]]

Requirements of AD 2004-08-01

Inspection and Replacement if Necessary

    (f) Within 1,000 flight cycles or six months after May 19, 2004 
(the effective date of AD 2004-08-01), 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 With Accomplishment of New Service Bulletins

    (g) As of May 19, 2004, 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; Fokker Service Bulletin SBF100-32-139, dated March 5, 2004; 
or Fokker Service Bulletin SBF100-32-144, dated September 19, 2005; 
and found to be serviceable.


    Note 2: Fokker Service Bulletin SBF100-32-139, dated March 5, 
2004, refers to Messier-Dowty Service Bulletin F100-32-105, dated 
March 2, 2004, as an additional source of service information for 
accomplishing a magnetic inspection.


    Note 3: Fokker Service Bulletin SBF100-32-144, dated September 
19, 2005, refers to Messier-Dowty Service Bulletin F100-32-110, 
dated August 25, 2005, as an additional source of service 
information for accomplishing a magnetic inspection.

Reporting Requirement Difference

    (h) Although Fokker Service Bulletin SBF100-32-133, dated April 
1, 2002, specifies to submit certain information to the 
manufacturer, this AD does not include such a requirement.

New Requirements of This AD

Repetitive Inspections

    (i) At the later of the compliance times specified in paragraphs 
(i)(1) and (i)(2) of this AD: Do a magnetic inspection of the 
sliding members of the left and right MLG for cracking, and do all 
corrective actions before further flight after the inspection, by 
accomplishing all of the applicable actions specified in the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
144, dated September 19, 2005. Repeat the inspection thereafter at 
intervals not to exceed 2,000 flight cycles.
    (1) Within 2,000 flight cycles after accomplishing paragraph (f) 
of this AD.
    (2) Within 4 months after the effective date of this AD.

Credit for Fokker Service Bulletin SBF100-32-139

    (j) Actions done before the effective date of this AD in 
accordance with Fokker Service Bulletin SBF100-32-139, dated March 
5, 2004, are acceptable for compliance with the corresponding 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (l) Dutch airworthiness directive NL-2005-012, dated October 17, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on July 7, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-11416 Filed 7-18-06; 8:45 am]
BILLING CODE 4910-13-P