[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Proposed Rules]
[Pages 37898-37900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14969]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0676; Directorate Identifier 2007-NM-280-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Service experience has shown that heavy MLG (main landing gear) 
shimmy vibration can occur due to faulty/empty dampers or due to 
excessive free play in the T/L (torque link) apex joint. In several 
cases this shimmy vibration resulted in a MLG main fitting failure * 
* * finally resulting in a collapse of the MLG causing extensive 
damage to the wingtip, aileron and flaps. * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 1, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-

[[Page 37899]]

30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0676; 
Directorate Identifier 2007-NM-280-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Civil Aviation Authority--The Netherlands (CAA-NL), which is 
the aviation authority for the Netherlands, has issued Dutch 
Airworthiness Directive NL-2007-001, dated February 26, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Service experience has shown that heavy MLG (main landing gear) 
shimmy vibration can occur due to faulty/empty dampers or due to 
excessive free play in the T/L (torque link) apex joint. In several 
cases this shimmy vibration resulted in a MLG main fitting failure. 
In those cases where only the upper torque link attachment lug 
failed the damage to the aircraft was limited. In all other cases 
the MLG main fitting cracked, finally resulting in a collapse of the 
MLG causing extensive damage to the wingtip, aileron and flaps. To 
prevent the collapse of the MLG, Messier-Dowty has designed an upper 
torque link fuse pin with a static strength lower than the 
demonstrated strength of the MLG main fitting. In case of a heavy 
shimmy vibration the upper torque link fuse pin will fail before the 
main fitting. Therefore the installation of an upper torque link 
fuse pin will protect the LH and RH (left- and right-hand) MLG main 
fitting against extreme shimmy loads and thus against a MLG main 
fitting failure and a MLG collapse. Since an unsafe condition has 
been identified that may exist or develop on aircraft of the same 
type design this Airworthiness Directive requires the modification 
of the MLG by replacing the upper torque link pin with a new fuse 
pin.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-32-148, 
Revision 1, dated February 26, 2007. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 2 products of U.S. registry. We also estimate that 
it would take about 15 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $2,400, or $1,200 per product.

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 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 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. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities

[[Page 37900]]

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.

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 FAA amends Sec.  39.13 by adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2008-0676; Directorate 
Identifier 2007-NM-280-AD.

Comments Due Date

    (a) We must receive comments by August 1, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and F.28 Mark 
0100, serial numbers 11244 thru 11585, certificated in any category, 
equipped with Messier-Dowty main landing gears.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Service experience has shown that heavy MLG (main landing gear) 
shimmy vibration can occur due to faulty/empty dampers or due to 
excessive free play in the T/L (torque link) apex joint. In several 
cases this shimmy vibration resulted in a MLG main fitting failure. 
In those cases where only the upper torque link attachment lug 
failed the damage to the aircraft was limited. In all other cases 
the MLG main fitting cracked, finally resulting in a collapse of the 
MLG causing extensive damage to the wingtip, aileron and flaps. To 
prevent the collapse of the MLG, Messier-Dowty has designed an upper 
torque link fuse pin with a static strength lower than the 
demonstrated strength of the MLG main fitting. In case of a heavy 
shimmy vibration the upper torque link fuse pin will fail before the 
main fitting. Therefore the installation of an upper torque link 
fuse pin will protect the LH and RH (left- and right-hand) MLG main 
fitting against extreme shimmy loads and thus against a MLG main 
fitting failure and a MLG collapse. Since an unsafe condition has 
been identified that may exist or develop on aircraft of the same 
type design this Airworthiness Directive requires the modification 
of the MLG by replacing the upper torque link pin with a new fuse 
pin.

Actions and Compliance

    (f) Within the applicable compliance time specified in 
paragraphs (f)(1) and (f)(2) of this AD, unless already done, do the 
following actions.
    (1) For Messier-Dowty MLG in a pre-mod Messier-Dowty Service 
Bulletin F100-32-050 configuration: Within 12 months after the 
effective date of this AD, replace the upper torque link pin with a 
new fuse pin in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-32-148, Revision 1, dated February 
26, 2007.
    (2) For Messier-Dowty MLG in a post-mod Messier-Dowty Service 
Bulletin F100-32-050 configuration: Within 30 months after the 
effective date of this AD, replace the upper torque link pin with a 
new fuse pin in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-32-148, Revision 1, dated February 
26, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI references the original version of the service 
bulletin or a later approved version. The original version of the 
service bulletin specifies to use an incorrect part number. This AD 
refers to Revision 1 of the service bulletin.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Dutch Airworthiness Directive NL-2007-001, 
dated February 26, 2007, and Fokker Service Bulletin SBF100-32-148, 
Revision 1, dated February 26, 2007, for related information.

    Issued in Renton, Washington, on June 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14969 Filed 7-1-08; 8:45 am]
BILLING CODE 4910-13-P