[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Proposed Rules]
[Pages 37903-37905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14976]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0675; Directorate Identifier 2007-NM-192-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and Mark 
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 main landing gear (MLG) main fitting for cracks, and 
repair if necessary. The existing AD also currently requires installing 
a placard and revising the airplane flight manual to include procedures 
to prohibit the application of brakes during backward movement of the 
airplane. This proposed AD would require repetitive eddy current 
inspections of the MLG main fitting and rework before further flight as 
applicable. This proposed AD results from reports that a final solution 
eliminating the cause of the crack initiation mechanism is not yet 
available and that repetitive inspections are necessary. We are 
proposing this AD to detect and correct cracks in the MLG main fitting, 
which could result in reduced structural integrity of the MLG main 
fitting.

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-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Fokker 
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-
Vennep, the Netherlands.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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-2008-0675; 
Directorate Identifier 2007-NM-192-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 because of 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.

[[Page 37904]]

Discussion

    On March 10, 2006, we issued AD 2006-06-07, amendment 39-14516 (71 
FR 14363, March 22, 2006), for certain Fokker Model F.28 Mark 0070 and 
Mark 0100 airplanes. That AD requires inspecting the main landing gear 
(MLG) main fitting for cracks, and repairing if necessary. That AD also 
requires installing a placard and revising the airplane flight manual 
to include procedures to prohibit the application of brakes during 
backward movement of the airplane. That AD resulted from a report that 
an MLG main fitting failed on an airplane that was braking while moving 
backward. We issued that AD to detect and correct cracks in the MLG 
main fitting, which could result in reduced structural integrity of the 
MLG main fitting.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-06-07, we received reports from The Civil 
Aviation Authority--The Netherlands (CAA-NL), which is the 
airworthiness authority for the Netherlands, that a final solution 
eliminating the cause of the crack initiation mechanism is not yet 
available. Therefore, the inspection required by AD 2006-06-07 must now 
be done repetitively, until a final solution is developed to adequately 
address the identified unsafe condition of this AD.

Relevant Service Information

    Messier-Dowty has issued Service Bulletin F100-32-111, dated 
December 20, 2005. The service bulletin describes procedures for doing 
a repetitive eddy current inspection of the MLG main fitting for 
cracks, and reworking the MLG main fitting as applicable. 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 airworthiness directive NL-2006-003, 
dated February 7, 2006, to ensure the continued airworthiness of these 
airplanes in the Netherlands.

FAA's Determination and Requirements of the Proposed AD

    These airplanes 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 2006-06-07 and would retain the 
requirements of the existing AD. This proposed AD would also require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the Proposed AD and the Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletin

    Operators should note that, unlike the procedures described in the 
referenced Messier-Dowty Service Bulletin F100-32-111, dated December 
20, 2005, the proposed AD would not permit further flight with any 
cracks in the MLG main fitting. Due to the safety implications and 
consequences of such cracking operators must repair all cracked MGL 
main fittings before further flight.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                   Action                        Work     Average labor               Parts                  Cost per       registered      Fleet cost
                                                hours     rate per hour                                      airplane        airplanes
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Inspection (required by AD 2006-06-07)......          2             $80  None...........................            $160              11          $1,760
AFM Revision and Placard Installation                 1              80  None...........................              80              11             880
 (required by AD 2006-06-07).
Inspection (new proposed action)............          6              80  $540 ($270 per fitting)........           1,020              12          12,240
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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 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.

[[Page 37905]]

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 39-14516 (71 FR 14363, March 22, 2006) and adding 
the following new airworthiness directive (AD):

Fokker: Docket No. FAA-2008-0675; Directorate Identifier 2007-NM-
192-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 1, 
2008.

Affected ADs

    (b) This AD supersedes AD 2006-06-07.

Applicability

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

Unsafe Condition

    (d) This AD results from reports that a final solution 
eliminating the cause of the crack initiation mechanism is not yet 
available. We are issuing this AD to detect and correct cracks in 
the main landing gear (MLG) main fitting, which could result in 
reduced structural integrity of the MLG main fitting.

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.

Restatement of Requirements of AD 2006-06-07

Airplane Flight Manual (AFM) Revision and Placard Installation

    (f) Within 14 days after April 26, 2006 (the effective date of 
AD 2006-06-07), amend the Limitations section of the Fokker F.28 AFM 
to prohibit application of brakes during backward movement of the 
airplane. This may be done by inserting a copy of this AD in the 
AFM.

    Note 1: When a statement to prohibit application of brakes 
during backward movement of the airplane has been included in the 
general revisions of the AFM, the general revisions may be inserted 
into the AFM, and the copy of this AD may be removed from the AFM.

    (g) Within 14 days after April 26, 2006, affix a placard on the 
pedestal, next to the parking brake handle, having the following 
wording: ``APPLICATION OF BRAKES DURING BACKWARD MOVEMENT IS 
PROHIBITED.''

Inspection and Corrective Action

    (h) At the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD: Do an eddy current inspection of the MLG main 
fittings and repair before further flight as applicable, in 
accordance with the Accomplishment Instructions of Messier-Dowty 
Service Bulletin F100-32-106, including Appendices A through C and 
excluding Appendix D, dated February 18, 2005, except as provided by 
paragraphs (i) and (j) of this AD.
    (1) For airplanes on which an inspection has not been done in 
accordance with Messier-Dowty Service Bulletin F100-32-104, Revision 
2, dated October 30, 2003: Within 3 months after April 26, 2006.
    (2) For airplanes on which an inspection has been done in 
accordance with Messier-Dowty Service Bulletin F100-32-104, Revision 
2, dated October 30, 2003: Within 2,000 flight cycles since the last 
inspection done in accordance with the service bulletin or within 3 
months after April 26, 2006, whichever occurs later.

Exceptions to the Service Bulletin

    (i) Where Messier-Dowty Service Bulletin F100-32-106, including 
Appendices A through C and excluding Appendix D, dated February 18, 
2005, specifies contacting the manufacturer for repair: Before 
further flight, repair using a method approved by either the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the Civil Aviation Authority--The Netherlands 
(CAA-NL) (or its delegated agent).
    (j) Although Messier-Dowty Service Bulletin F100-32-106, 
including Appendices A through C and excluding Appendix D, dated 
February 18, 2005, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

Parts Installation

    (k) As of April 26, 2006, and until the effective date of this 
AD, no person may install, on any airplane, a Messier-Dowty MLG, 
unless it has been inspected/repaired according to paragraph (h) of 
this AD.

New Requirements of This AD

Inspection and Repair

    (l) At the applicable times specified in paragraphs (l)(1), 
(l)(2), and (l)(3) of this AD: Do an eddy current inspection of the 
MLG main fitting for cracks, and rework the MLG main fitting if 
applicable, in accordance with the Accomplishment Instructions of 
Messier-Dowty Service Bulletin F100-32-111, including Appendices A 
through C and excluding Appendix D, dated December 20, 2005; except 
as provided by paragraph (m) of this AD. The rework must be done 
before further flight.
    (1) For all MLG main fittings, except those units identified in 
paragraph (l)(2) of this AD: Inspect within the next 2,000 flight 
cycles since the last inspection required by paragraph (h) of this 
AD, or within 4 months after the effective date of this AD, 
whichever occurs later.
    (2) For new MLG main fittings and MLG main fittings on which 
both bores have been repaired (reworked) in accordance with 
paragraph (h) of this AD: Inspect within 4,000 flight cycles since 
new (installation) or repaired (rework) in accordance with paragraph 
(h) of this AD, as applicable.
    (3) For all MLGs: Repeat the eddy current inspection thereafter 
at intervals not to exceed 2,000 flight cycles.

Exception to Service Bulletin F100-32-111

    (m) Although Messier-Dowty Service Bulletin F100-32-111, 
including Appendices A through C and excluding Appendix D, dated 
December 20, 2005, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

Parts Installation

    (n) As of the effective date of this AD, no person may install, 
on any airplane, a Messier-Dowty MLG, unless it has been inspected 
and reworked in accordance with paragraph (l) of this AD.

Alternative Methods of Compliance (AMOCs)

    (o) The Manager, International Branch, ANM-116, 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.

Related Information

    (p) The Civil Aviation Authority--The Netherlands airworthiness 
directive NL-2006-003, dated February 7, 2006, also addresses the 
subject of this AD.

    Issued in Renton, Washington, on June 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.11
 [FR Doc. E8-14976 Filed 7-1-08; 8:45 am]
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