[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Rules and Regulations]
[Pages 8608-8610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3168]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26044; Directorate Identifier 2006-NM-098-AD; 
Amendment 39-14960; AD 2007-04-27]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 1000, 2000, 
3000, and 4000 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. This AD 
requires a one-time inspection of the left- and right-hand main landing 
gear (MLG) downlock actuators or a review of the airplane maintenance 
records to determine the part number of each downlock actuator 
installed, and replacement of identified MLG downlock actuators with 
modified MLG downlock actuators. This AD results from a report of a 
failed downlock actuator, which resulted in the left MLG collapsing 
during taxi after landing. We are issuing this AD to prevent failure of 
the downlock actuator, which could prevent the MLG side stay from 
locking properly, resulting in collapse of the MLG during ground 
maneuvers or upon landing.

DATES: This AD becomes effective April 3, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 3, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Fokker Services B.V., Technical Services Dept., P.O. Box 
231, 2150 AE Nieuw-Vennep, the Netherlands, for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Fokker Model F.28 
Mark 1000, 2000, 3000, and 4000 airplanes. That NPRM was published in 
the Federal Register on October 12, 2006 (71 FR 60085). That NPRM 
proposed to require a one-time inspection of the left- and right-hand 
main landing gear (MLG) downlock actuators or a review of the airplane 
maintenance records to determine the part number of each downlock 
actuator installed, and replacement of identified MLG downlock 
actuators with modified MLG downlock actuators.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To State Intent To Incorporate Service Information

    The Modification and Replacement Parts Association (MARPA) requests 
that, during the NPRM stage of AD rulemaking, the FAA state its intent 
to incorporate by reference (IBR) any relevant service information. 
MARPA states that without such a statement in the NPRM, it is unclear 
whether the relevant service information will be incorporated by 
reference in the final rule.
    We do not agree with the commenter's request. When we reference 
certain service information in a proposed AD, the public can assume we 
intend to IBR that service information, as required by the Office of 
the Federal Register. No change to this final rule is necessary in 
regard to the commenter's request.

Request To Incorporate Essential Service Information

    MARPA states that airworthiness directives are frequently derived 
from service information originating with the type certificate holder 
or its suppliers. MARPA further states that these manufacturer service 
documents are privately authored instruments generally enjoying 
copyright protection against duplication and publication. MARPA asserts 
that when a service document is incorporated by reference into a public 
document, such as an AD, it loses its private, protected status and 
becomes a public document. MARPA also states that if a service document 
is used as a mandatory element of compliance, it should not simply be 
mentioned, but should be incorporated into the regulatory document. 
Therefore, MARPA states that it is concerned that failure to 
incorporate the necessary service information could result in a court 
decision invalidating the AD. For these reasons, MARPA requests that 
the essential service documents be incorporated by reference into the 
regulatory instrument.
    We understand MARPA's comment concerning IBR. 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. This final rule incorporates 
by reference the document necessary for the accomplishment of the 
actions required by this 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.

Request To Publish Service Information on the Docket Management System 
(DMS)

    MARPA also requests that we make service information available to 
the public by publication in DMS, keyed to the action that incorporates 
that information. MARPA states that the purpose of the IBR method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already available to the affected individuals. 
MARPA asserts that, traditionally, ``affected individuals'' has meant 
aircraft owners and operators who are generally provided service 
information by the manufacturer. MARPA further asserts

[[Page 8609]]

that a new class of affected individuals has emerged, since the 
majority of aircraft maintenance is now performed by specialty shops 
instead of owners and operators. MARPA states that this new class of 
individuals includes maintenance and repair organizations, component 
servicing and repair shops, parts purveyors and distributors, and 
organizations manufacturing or servicing alternatively certified parts 
under sections 21.303 (``Replacement and modification parts'') of the 
Federal Aviation Regulations (14 CFR 21.303).
    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 the 
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 final rule is necessary in response to this comment.

Request To Address Parts Manufacturer Approval (PMA) Parts

    MARPA also requests that the NPRM be revised to cover possible 
defective PMA alternative parts, rather than just a single part number, 
and to permit the use of new and improved PMA parts. MARPA states that 
type certificate holders typically ignore the existence of PMA parts in 
their service information, especially manufacturers in other countries 
of origin where the concept may not exist or be implemented. MARPA goes 
on to state that installation of a certain part-numbered part to the 
exclusion of all other parts, in some cases, effectively prohibits the 
installation of perfectly good parts and prohibits the development of 
PMA parts. MARPA asserts that such a prohibition runs the risk of 
removing the AD from the realm of safety and moving it into the realm 
of economics.
    We acknowledge the need to ensure that unsafe PMA parts are 
identified and addressed in ADs. We are currently examining all aspects 
of this issue, including input from industry. Once we have made a final 
determination, we will consider how our policy regarding PMA parts in 
ADs needs to be revised. We consider that to delay this AD action would 
be inappropriate, since we have determined that an unsafe condition 
exists and that replacement of certain parts must be accomplished to 
ensure continued safety. Therefore, no change has been made to the 
final rule in this regard.

Request To Add Certain Language

    MARPA also asserts that the NPRM does not comply with draft FAA 
Order 8040.2, which allows use of PMA parts based on a finding of 
identicality. MARPA suggests that adding language similar to that in 
draft Order 8040.2 would resolve the issue of possible defective PMA 
parts. MARPA points out that another AD issued from a Directorate other 
than the Transport Airplane Directorate does contain the wording that 
it has requested. MARPA therefore requests that the FAA agree, in a 
timely manner, on how the matter is to be treated.
    The NPRM did not address PMA parts, as provided in draft FAA Order 
8040.2, because the Order was only a draft that was out for comment at 
the time. After issuance of the NPRM, the Order was revised and issued 
as FAA Order 8040.5 with an effective date of September 29, 2006. FAA 
Order 8040.5 does not address PMA parts in ADs.
    The FAA recognizes the need for standardization of this issue and 
is currently in the process of reviewing issues that address the use of 
PMAs in ADs at the national level. However, the Transport Airplane 
Directorate considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to the final rule 
in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                 Number of
                                                               Average                               Cost per      U.S.-
               Action                       Work hours        labor rate           Parts             airplane    registered           Fleet cost
                                                               per hour                                          airplanes
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Inspection of both MLG downlock       1....................          $80  $0.....................          $80            6  Up to $480.
 actuators (2 per airplane).
Review of the airplane maintenance    1....................           80  0......................           80            6  Up to $480.
 records in lieu of the inspection
 to determine P/N.
Replacement of the MLG downlock       4, per actuator......           80  16,511, per actuator...       33,662            6  Up to $201,972.
 actuators (2 per airplane).
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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 AD will not have federalism 
implications under Executive Order 13132. This AD 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

[[Page 8610]]

responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-04-27 Fokker Services B.V.: Amendment 39-14960. Docket No. FAA-
2006-26044; Directorate Identifier 2006-NM-098-AD.

Effective Date

    (a) This AD becomes effective April 3, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Fokker Model F.28 Mark 1000, 2000, 
3000, and 4000 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report of a failed downlock actuator, 
which resulted in the left main landing gear (MLG) collapsing during 
taxi after landing. We are issuing this AD to prevent failure of the 
downlock actuator, which could prevent the MLG side stay from 
locking properly, resulting in collapse of the MLG during ground 
maneuvers or upon landing.

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.

Determination of the Part Number (P/N) of the MLG Downlock Actuators

    (f) Within 66 months after the effective date of this AD: 
Inspect the left- and right-hand MLG downlock actuators to determine 
if P/N 200497005 or 200498005 is installed. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number of the MLG downlock actuator can be conclusively 
determined from that review. If an MLG downlock actuator does not 
have a subject part number, no further action is required by this AD 
for that MLG only, except as provided by paragraph (h) of this AD.

Replacement of Subject MLG Downlock Actuators

    (g) For any MLG downlock actuator identified during the 
inspection or maintenance records review required by paragraph (f) 
of this AD, or for which the part number cannot be determined: 
Within 66 months after the effective date of this AD, replace the 
MLG downlock actuator with a modified MLG downlock actuator in 
accordance with the Accomplishment Instructions of Fokker Service 
Bulletin F28/32-163, dated March 8, 2004.

    Note 1: Fokker Service Bulletin F28/32-163 refers to Dowty 
Aerospace Hydraulics--Cheltenham Service Bulletin 32-501R, Revision 
1, dated September 3, 1998, as an additional source of service 
information for modifying the MLG downlock actuator.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
an MLG downlock actuator, P/N 200497005 or 200498005, on any 
airplane.

Alternative Methods of Compliance (AMOCs)

    (i)(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

    (j) Dutch airworthiness directive 2004-047, dated April 20, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Fokker Service Bulletin F28/32-163, dated March 
8, 2004, to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approved the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker 
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE 
Nieuw-Vennep, the Netherlands, for a copy of this service 
information. You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 15, 2007.
Stephen Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-3168 Filed 2-26-07; 8:45 am]
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