[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Rules and Regulations]
[Pages 38910-38912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18417]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0691; Directorate Identifier 2009-NM-061-AD; 
Amendment 39-15988; AD 2009-16-05]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.27 Mark 050 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    During the walk around check on a Fokker 50 (F27 Mark 050) 
aeroplane, extensive damage was found on the left hand (LH) inner 
flap and nacelle. The damage had been caused by a broken fork of the 
inner flap outboard drive shaft. This resulted in asymmetric flap 
extension and interference between the flap and the nacelle. A 
metallurgical investigation showed that the fork end failed in a 
fatigue mode. Most probably the failure was caused by the ``cyclic 
load'' as a result of regularly reaching the mechanical end stop 
position.
* * * * *
    This condition, if not corrected, could lead to further cases of 
asymmetric flap extension, possibly resulting in loss of control of 
the aeroplane.
* * * * *
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective August 20, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 20, 
2009.
    We must receive comments on this AD by September 4, 2009.

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 W12-40, 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 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:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0047, dated March 2, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During the walk around check on a Fokker 50 (F27 Mark 050) 
aeroplane, extensive damage was found on the left hand (LH) inner 
flap and nacelle. The damage had been caused by a broken fork of the 
inner flap outboard drive shaft. This resulted in asymmetric flap 
extension and interference between the flap and the nacelle. A 
metallurgical investigation showed that the fork end failed in a 
fatigue mode. Most probably the failure was caused by the ``cyclic 
load'' as a result of regularly reaching the mechanical end stop 
position.
    A review of the Aircraft Maintenance Manual (AMM) `end stop 
clearances check' for aeroplane in post-SBF50-27-030 configuration, 
revealed that this inspection procedure, to determine and correct 
the clearance between the end stop and the flap drive nut, may need 
some improvement, which is now being considered. Further 
investigation showed that this type of failure has occurred 
previously on other Fokker 50 aeroplanes, but only those modified in 
accordance with SBF50-27-030. A review of the experience with pre-
mod SBF50-27-030 aeroplane indicated that no failures have been 
reported.
    This condition, if not corrected, could lead to further cases of 
asymmetric flap extension, possibly resulting in loss of control of 
the aeroplane.
    For the reasons described above, this EASA AD requires a one-
time inspection of the clearance between the flap mechanical drive 
nut and the up and down stop and a non-destructive inspection of 
certain components, if abutments marks are present or when the up 
and/or down stop touches the drive nut after a full up or down 
selection in the hydraulic mode.
    Based on the above described failure scenario, the differences 
in the design properties and the positive experience, aeroplanes in 
pre-SBF50-27-030 configuration are not affected by this AD.

Corrective actions include readjusting the up-stop position if 
clearance between the flap mechanical drive nut and the up-and-down-
stop is incorrect, and if any cracks are found during the non-
destructive inspection, replacing the part with a serviceable part. You 
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Fokker has issued Service Bulletin SBF50-27-043, dated November 17, 
2008. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

[[Page 38911]]

FAA's Determination and Requirements of this 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0691; Directorate 
Identifier 2009-NM-061-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

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 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 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

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

2009-16-05 Fokker Services B.V.: Amendment 39-15988. Docket No. FAA-
2009-0691; Directorate Identifier 2009-NM-061-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.27 Mark 050 airplanes, 
certificated in any category, all serial numbers, if in a post 
Fokker Service Bulletin SBF50-27-030 configuration.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

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

    During the walk around check on a Fokker 50 (F27 Mark 050) 
aeroplane, extensive damage was found on the left hand (LH) inner 
flap and nacelle. The damage had been caused by a broken fork of the 
inner flap outboard drive shaft. This resulted in asymmetric flap 
extension and interference between the flap and the nacelle. A 
metallurgical investigation showed that the fork end failed in a 
fatigue mode. Most probably the failure was caused by the ``cyclic 
load'' as a result of regularly reaching the mechanical end stop 
position.
    A review of the Aircraft Maintenance Manual (AMM) `end stop 
clearances check' for aeroplane in post-SBF50-27-030 configuration, 
revealed that this inspection procedure, to determine and correct 
the clearance between the end stop and the flap drive nut, may need 
some improvement, which is now being considered. Further 
investigation showed that this type of failure has occurred 
previously on other Fokker 50 aeroplanes, but only those modified in 
accordance with SBF50-27-030. A review of the experience with pre-
mod SBF50-27-030 aeroplane indicated that no failures have been 
reported.
    This condition, if not corrected, could lead to further cases of 
asymmetric flap extension, possibly resulting in loss of control of 
the aeroplane.
    For the reasons described above, this EASA AD requires a one-
time inspection of the clearance between the flap mechanical drive 
nut and the up and down stop and a non destructive inspection of 
certain components, if abutments marks are present or when the up 
and/or down stop touches the drive nut

[[Page 38912]]

after a full up or down selection in the hydraulic mode.
    Based on the above described failure scenario, the differences 
in the design properties and the positive experience, aeroplanes in 
pre-SBF50-27-030 configuration are not affected by this AD.

Corrective actions include readjusting the up-stop position if 
clearance between the flap mechanical drive nut and the up-and-down-
stop is incorrect, and if any cracks are found during the non-
destructive inspection, replacing the part with a serviceable part.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD, 
inspect the clearance between the flap mechanical drive nut and the 
up-and-down-stop, and before further flight, do all applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Fokker Service Bulletin SBF50-27-043, dated November 
17, 2008.
    (2) If, during accomplishment of the actions required by 
paragraph (f)(1) of this AD, abutments marks are found, or when the 
up-and-down-stop touches the drive nut after a full up or down 
selection in the hydraulic mode, before further flight, do a non-
destructive inspection for cracking, in accordance with Fokker 
Service Bulletin SBF50-27-043, dated November 17, 2008. If any 
cracking is found, before further flight, replace the part with a 
serviceable part.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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 Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2009-
0047, dated March 2, 2009; Fokker Service Bulletin SBF50-27-043, 
dated November 17, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF50-27-043, dated 
November 17, 2008, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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; telephone +31 (0)252-627-350; fax 
+31 (0)252-627-211; e-mail 
[email protected]; Internet http://www.myfokkerfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18417 Filed 8-4-09; 8:45 am]
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