[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Proposed Rules]
[Pages 45139-45142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21002]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0763; Directorate Identifier 2007-NM-301-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:

    Excessive wear and tear of the backlash remover mechanism has 
been found several times on Goodrich Part Number (P/N) 23400-3B and 
P/N 23400-7 elevator booster control units (BCU), while corrosion 
has been found on some components in other BCU. The wear and tear 
may result in a (partly) blocked operation of the elevator system in 
the normal (hydraulic) mode, while any corrosion may result in 
deteriorated elevator control when the BCU is in MANUAL mode.
* * * * *
The unsafe condition is wear and tear, and corrosion of the backlash 
remover mechanism, which can cause a (partly) blocked operation of the 
elevator system in the normal (hydraulic) mode and deteriorated 
elevator control when the BCU is in MANUAL mode, which could result in 
loss of control of the airplane.
    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 October 16, 
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.
    For service information identified in this proposed 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.
    For Goodrich service information identified in this proposed AD, 
contact Goodrich Corporation, Landing Gear, 1400 South Service Road, 
West Oakville L6L5Y7, Ontario, Canada; telephone 905-825-1568; e-mail 
[email protected]; Internet http://www.goodrich.com/TechPubs.
    You may review copies of the referenced 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.

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-2009-0763; 
Directorate Identifier 2007-NM-301-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0032, dated February 17, 2009 (referred to 
after this as ``the MCAI''), to correct an

[[Page 45140]]

unsafe condition for the specified products. The MCAI states:

    Excessive wear and tear of the backlash remover mechanism has 
been found several times on Goodrich Part Number (P/N) 23400-3B and 
P/N 23400-7 elevator booster control units (BCU), while corrosion 
has been found on some components in other BCU. The wear and tear 
may result in a (partly) blocked operation of the elevator system in 
the normal (hydraulic) mode, while any corrosion may result in 
deteriorated elevator control when the BCU is in MANUAL mode.
    Fokker Services and Goodrich determined that modification of the 
affected elevator BCU in accordance with Goodrich Component Service 
Bulletin (CSB) 23400-27-27 would correct this situation. * * *
    [I]t has been decided to require the inspection of aircraft 
fitted with BCU P/N 23400-3 and P/N 23400-5 (serial numbers MC-001 
through MC-288) and the modification of these units in accordance 
with Goodrich CSB 23400-27-15 (P/N change from 23400-3 to 23400-3B, 
or from 23400-5 to 23400-7, as applicable).
    Previously, CAA-Netherlands AD (BLA) 93-051/3 dated 29 April 
1994 [which corresponds to FAA AD 97-03-09] was issued, which 
requires a periodic inspection of P/N 23400-3 and P/N 23400-5 
elevator BCU that could be affected by corrosion, and allows 
modification of the BCU in accordance with Fokker Service Bulletin 
SBF100-27-061 (application of Goodrich CSB 23400-27-15) as 
(optional) terminating action for these inspections.
     * * * In addition, this AD requires the eventual replacement of 
all affected elevator BCU with modified units.
    This new AD does not cancel the repetitive inspection 
requirements of CAA-NL AD (BLA) 93-051/3 for BCU P/N 23400-3 and P/N 
23400-5 as long as these remain installed on any in-service 
aircraft.

    The unsafe condition is wear and tear, and corrosion of the 
backlash remover mechanism, which can cause a (partly) blocked 
operation of the elevator system in the normal (hydraulic) mode and 
deteriorated elevator control when the BCU is in MANUAL mode, which 
could result in loss of control of the airplane. The required actions 
include an inspection of the backlash remover of the elevator booster 
control unit to determine the displacement of the pivot bolt; and if 
necessary, replacement of the elevator booster control unit. Depending 
on the measurement of the displacement, the compliance time for 
replacement ranges from before further flight to 3,000 flight cycles. 
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. Goodrich has issued Service Bulletin 23400-27-
27, Revision 1, dated September 14, 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 13 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 $189 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 $2,458, or $1,229 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 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, Incorporation by 
reference, 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:


[[Page 45141]]


Fokker Services B.V.: Docket No. FAA-2009-0763; Directorate 
Identifier 2007-NM-301-AD.

Comments Due Date

    (a) We must receive comments by October 16, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and Mark 0100 
airplanes, all serial numbers, certificated in any category.

Subject

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

Reason

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

    Excessive wear and tear of the backlash remover mechanism has 
been found several times on Goodrich Part Number (P/N) 23400-3B and 
P/N 23400-7 elevator booster control units (BCU), while corrosion 
has been found on some components in other BCU. The wear and tear 
may result in a (partly) blocked operation of the elevator system in 
the normal (hydraulic) mode, while any corrosion may result in 
deteriorated elevator control when the BCU is in MANUAL mode.
    Fokker Services and Goodrich determined that modification of the 
affected elevator BCU in accordance with Goodrich Component Service 
Bulletin (CSB) 23400-27-27 would correct this situation. * * *
    [I]t has been decided to require the inspection of aircraft 
fitted with BCU P/N 23400-3 and P/N 23400-5 (serial numbers MC-001 
through MC-288) and the modification of these units in accordance 
with Goodrich CSB 23400-27-15 (P/N change from 23400-3 to 23400-3B, 
or from 23400-5 to 23400-7, as applicable).
    Previously, CAA-Netherlands AD (BLA) 93-051/3 dated 29 April 
1994 [which corresponds to FAA AD 97-03-09] was issued, which 
requires a periodic inspection of P/N 23400-3 and P/N 23400-5 
elevator BCU that could be affected by corrosion, and allows 
modification of the BCU in accordance with Fokker Service Bulletin 
SBF100-27-061 (application of Goodrich CSB 23400-27-15) as 
(optional) terminating action for these inspections.
    * * * In addition, this AD requires the eventual replacement of 
all affected elevator BCU with modified units.
    This new AD does not cancel the repetitive inspection 
requirements of CAA-NL AD (BLA) 93-051/3 for BCU P/N 23400-3 and P/N 
23400-5 as long as these remain installed on any in-service 
aircraft.

The unsafe condition is wear and tear, and corrosion of the backlash 
remover mechanism, which can cause a (partly) blocked operation of 
the elevator system in the normal (hydraulic) mode and deteriorated 
elevator control when the BCU is in MANUAL mode, which could result 
in loss of control of the airplane. The required actions include an 
inspection of the backlash remover of the elevator booster control 
unit to determine the displacement of the pivot bolt; and if 
necessary, replacement of the elevator booster control unit. 
Depending on the measurement of the displacement, the compliance 
time for replacement ranges from before further flight to 3,000 
flight cycles.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes equipped with booster control unit P/N 23400-
3B, 23400-7, 23400-3, or 23400-5, within 12 months after the 
effective date of this AD, perform a one-time inspection of the 
elevator booster control unit in accordance with Part 1 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007.
    (2) At the time specified in Table 1 of this AD, and depending 
on the result of the inspection required by paragraph (f)(1) of this 
AD, replace the elevator booster control unit with a modified unit 
having P/N 23400-3B or P/N 23400-7, in accordance with Part 2 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. The replacement part must be modified in 
accordance with Goodrich Service Bulletin 23400-27-27, Revision 1, 
dated September 14, 2007.

                     Table 1--Replacement Parameters
------------------------------------------------------------------------
           Dimension A                         Replace within
------------------------------------------------------------------------
A < 0.12 millimeters (mm)........  Not applicable.
0.12 mm <= A <0.5 mm.............  3,000 flight cycles.
0.5 mm <= A < 1.0 mm.............  2,000 flight cycles.
1.0 mm <= A < 1.5 mm.............  1,000 flight cycles.
1.5 mm <= A < 2.0 mm.............  500 flight cycles.
2.0 mm <= A < 2.5 mm.............  125 flight cycles.
A >= 2.5 mm......................  Before further flight.
------------------------------------------------------------------------

     (3) Within 60 months after the effective date of this AD, 
replace all remaining unmodified elevator booster control units 
having P/N 23400-3B or P/N 23400-7 with modified units, in 
accordance with Part 2 of the Accomplishment Instructions of Fokker 
Service Bulletin SBF100-27-088, dated June 4, 2007. The replacement 
part must be modified in accordance with Goodrich Service Bulletin 
23400-27-27, Revision 1, dated September 14, 2007.
    (4) Within 60 months after the effective date of this AD, 
replace all remaining elevator booster control units having P/N 
23400-3 or P/N 23400-5 with modified units having part number P/N 
23400-3B or P/N 23400-7, in accordance with Part 2 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. The replacement part must be modified in 
accordance with Goodrich Service Bulletin 23400-27-27, Revision 1, 
dated September 14, 2007.
    (5) As of 12 months after the effective date of this AD, no 
person may install a Goodrich P/N 23400-3B, P/N 23400-7, P/N 23400-3 
or P/N 23400-5 elevator booster control unit on any airplane, unless 
the conditions of paragraph (f)(5)(i) or (f)(5)(ii), as applicable, 
are met.
    (i) The unit has been inspected in accordance with paragraph 
(f)(1) of this AD, and the applicable action(s) required by 
paragraph (f)(2) is accomplished at the time specified in that 
paragraph.
    (ii) The unit having P/N 23400-3B or P/N 23400-7 has been 
modified in accordance with Goodrich Service Bulletin 23400-27-27, 
Revision 1, dated September 14, 2007.
    (6) As of 60 months after the effective date of this AD, no 
person may install a Goodrich P/N 23400-3 or P/N 23400-5 elevator 
booster control unit on any airplane.

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

[[Page 45142]]

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 European Aviation Safety Agency Airworthiness 
Directive 2009-0032, dated February 17, 2009; Fokker Service 
Bulletin SBF100-27-088, dated June 4, 2007; and Goodrich Service 
Bulletin 23400-27-27, Revision 1, dated September 14, 2007; for 
related information.

    Issued in Renton, Washington, on August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21002 Filed 8-31-09; 8:45 am]
BILLING CODE 4910-13-P