[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Proposed Rules]
[Pages 78107-78109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22279]


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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: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Fokker Model F.28 Mark 0070 and 
0100 airplanes. The original NPRM would have superseded an existing AD 
that 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. The original NPRM proposed 
to require repetitive magnetic particle inspections of the sliding 
members of the MLG for cracking and corrective actions as necessary. 
The original NPRM resulted from inspection findings that have shown 
repetitive inspections are needed to establish fleet safety. This new 
action revises the original NPRM by correcting a certain part number in 
the applicability. We are proposing this supplemental NPRM 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 supplemental NPRM by January 
22, 2007.

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 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 98057-3356; 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 proposal. 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 this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) (the 
``original NPRM'') to amend 14 CFR part 39 to include an AD that 
supersedes AD 2004-08-01, amendment 39-13570 (69 FR 19759, April 14, 
2004). The existing AD applies to certain Fokker Model F.28 Mark 0070 
and 0100 airplanes. The original NPRM was published in the Federal 
Register on July 19, 2006 (71 FR 40945). The original NPRM proposed to 
continue to require 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. That NPRM also proposed to 
require repetitive magnetic particle inspections of the sliding members 
of the MLG for cracking and corrective actions as necessary.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, we have discovered a 
typographical error in the applicability of AD 2004-08-01 and the 
original NPRM. Table 1 of AD 2004-08-01 and the original NPRM 
incorrectly identified MLG part number (P/N) 201012014. We have revised 
Table 1 of the supplemental NPRM to refer to P/N 201072014.

Comments

    We have considered the following comment on the original NPRM.

Request To Publish Service Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, ADs are based on service information originating with 
the type certificate holder or its suppliers. MARPA adds that 
manufacturer service documents are privately authored instruments 
generally having copyright protection against duplication and 
distribution. MARPA notes that when a service document is incorporated 
by

[[Page 78108]]

reference into a public document, such as an AD, it loses its private, 
protected status and becomes a public document. MARPA adds that if a 
service document is used as a mandatory element of compliance, it 
should not simply be referenced, but should be incorporated into the 
regulatory document; by definition, public laws must be public, which 
means they cannot rely upon private writings. MARPA adds that 
incorporated by reference service documents should be made available to 
the public by publication in the Docket Management System (DMS), keyed 
to the action that incorporates them. MARPA notes that the stated 
purpose of the incorporation by reference method is brevity, to keep 
from expanding the Federal Register needlessly by publishing documents 
already in the hands of the affected individuals; traditionally, 
``affected individuals'' means aircraft owners and operators, who are 
generally provided service information by the manufacturer. MARPA adds 
that a new class of affected individuals has emerged, since the 
majority of aircraft maintenance is now performed by specialty shops 
instead of aircraft owners and operators. MARPA notes that this new 
class includes maintenance and repair organizations, component 
servicing and repair shops, parts purveyors and distributors, and 
organizations manufacturing or servicing alternatively certified parts 
under section 21.303 (``Replacement and modification parts'') of the 
Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the 
concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument, 
and published in the DMS.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. A final rule incorporates by reference the 
documents necessary for the accomplishment of the requirements mandated 
by the AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    In regard to the commenter's request to post service bulletins on 
the Department of Transportation's DMS, we are currently in the process 
of reviewing issues surrounding the posting of service bulletins on DMS 
as part of an AD docket. Once we have thoroughly examined all aspects 
of this issue and have made a final determination, we will consider 
whether our current practice needs to be revised. No change to the 
supplemental NPRM is necessary in response to this comment.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The change discussed above expands the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

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 supplemental NPRM 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 January 
22, 2007.

Affected ADs

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

[[Page 78109]]

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
------------------------------------------------------------------------
                                                 Equipped with sliding
            MLG part  number (P/N)                     member P/N
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201072011....................................     201072301 or 201072305
201072012....................................     201072301 or 201072305
201072013....................................     201072301 or 201072305
201072014....................................     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.

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 December 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-22279 Filed 12-27-06; 8:45 am]
BILLING CODE 4910-13-P