[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Proposed Rules]
[Pages 69606-69609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28606]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1112; Directorate Identifier 2010-NM-051-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. 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:

    The flight crew of a F28 Mark 0070 (Fokker 70) aeroplane 
received a MLG [main landing gear] unsafe message after landing gear 
down selection during approach. * * *

[[Page 69607]]

    Inspection just after landing revealed a lot of ice near the LH 
(left-hand) MLG downlock actuator. * * *
    Based on the quantity and location of the ice, it is considered 
highly likely that the ice had formed between the upper end of the 
downlock actuator and the upper side brace, and was accumulated 
during taxi on slush- and snow-contaminated taxiways and runway at 
the departure airport.
    Ice in this location prevents the actuator from turning freely 
relative to the upper side brace during landing gear down selection, 
likely resulting in failure of the piston rod. This condition, if 
not corrected, could lead to further cases of MLG extension 
problems, possibly resulting in loss of control of the aeroplane 
during landing roll-out.
* * * * *

    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 December 30, 
2010.

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 Fokker 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 indentified in this proposed AD, 
contact Goodrich Corporation, Landing Gear, 1400 South Service Road, 
West Oakville L6L 5Y7, Ontario, Canada; telephone 905-827-7777; 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.

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-2010-1112; 
Directorate Identifier 2010-NM-051-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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0268, dated December 17, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The flight crew of a F28 Mark 0070 (Fokker 70) aeroplane 
received a MLG [main landing gear] unsafe message after landing gear 
down selection during approach. After cycling the landing gear, only 
a LH [left-hand] MLG unsafe indication remained. A go-around was 
initiated and alternate landing gear down selection was performed 
twice, but the LH MLG did not lock down. During final approach, 
without further flight crew action, all 3 green lights illuminated 
and an uneventful landing was made.
    Inspection just after landing revealed a lot of ice near the LH 
MLG downlock actuator. Further investigation revealed that the 
piston rod of the downlock actuator had failed at the threaded end 
close to the eye end, which is attached to the lower lock link, and 
that the piston rod was broken in an overload by bending in the neck 
close to the threaded end.
    Based on the quantity and location of the ice, it is considered 
highly likely that the ice had formed between the upper end of the 
downlock actuator and the upper side brace, and was accumulated 
during taxi on slush- and snow-contaminated taxiways and runway at 
the departure airport.
    Ice in this location prevents the actuator from turning freely 
relative to the upper side brace during landing gear down selection, 
likely resulting in failure of the piston rod. This condition, if 
not corrected, could lead to further cases of MLG extension 
problems, possibly resulting in loss of control of the aeroplane 
during landing roll-out.
    To address this unsafe condition and prevent the accumulation of 
water, slush and/or snow, Goodrich, the MLG manufacturer, has 
introduced a new upper side brace, Part Number (P/N) 41350-3, which 
has two additional drain holes. Goodrich Service Bulletin (SB) 
41350-32-25 describes the modification of the P/N 41350-1 MLG upper 
side brace, introducing the two additional drain holes and 
consequent re-identification of the part to P/N 41350-3.
    For the reasons described above, this AD requires modification 
of both (LH and RH [right-hand]) P/N 41350-1 MLG upper side braces, 
or replacement of the P/N 41350-1 upper side braces with modified P/
N 41350-3 upper side braces.

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

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-32-157, 
Revision 1, dated October 7, 2009. Goodrich Corporation has issued 
Service Bulletin 41350-32-25, dated January 30, 2009. The actions 
described in the 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.

[[Page 69608]]

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 6 products of U.S. registry. We also estimate that 
it would take about 16 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 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 $8,160, or $1,360 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:

Fokker Services B.V.: Docket No. FAA-2010-1112; Directorate 
Identifier 2010-NM-051-AD.

Comments Due Date

    (a) We must receive comments by December 30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.28 Mark 0070 
and 0100 airplanes, certificated in any category; all serial 
numbers, if equipped with Goodrich (formerly Menasco, Colt 
Industries) main landing gears (MLGs) fitted with MLG upper side 
braces having part number (P/N) 41350-1.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The flight crew of a F28 Mark 0070 (Fokker 70) aeroplane 
received a MLG [main landing gear] unsafe message after landing gear 
down selection during approach. * * *
    Inspection just after landing revealed a lot of ice near the LH 
MLG downlock actuator. * * *
    Based on the quantity and location of the ice, it is considered 
highly likely that the ice had formed between the upper end of the 
downlock actuator and the upper side brace, and was accumulated 
during taxi on slush- and snow-contaminated taxiways and runway at 
the departure airport.
    Ice in this location prevents the actuator from turning freely 
relative to the upper side brace during landing gear down selection, 
likely resulting in failure of the piston rod. This condition, if 
not corrected, could lead to further cases of MLG extension 
problems, possibly resulting in loss of control of the aeroplane 
during landing roll-out.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 8,000 flight cycles after the effective date of this 
AD, modify or replace the side stay upper braces of the left-hand 
and right-hand MLG, in accordance with the Accomplishment 
Instructions of Goodrich Service Bulletin 41350-32-25, dated January 
30, 2009; and Fokker Service Bulletin SBF100-32-157, Revision 1, 
dated October 7, 2009.
    (h) After modifying the side stay upper braces of the left-hand 
and right-hand MLG as required by paragraph (g) of this AD, do not 
install any Goodrich (formerly Menasco, Colt Industries) side stay 
upper brace assembly having P/N 41350-1 on any airplane.
    (i) After modifying the side stay upper braces of the left-hand 
and right-hand MLG as required by paragraph (g) of this AD, do not 
install any Goodrich (formerly Menasco, Colt Industries) MLG on any 
airplane, unless the replacement MLG has side stay upper braces 
having P/N 41350-3.

FAA AD Differences

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

Other FAA AD Provisions

    (j) 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.

[[Page 69609]]

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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0268, dated December 17, 2009; Fokker Service 
Bulletin SBF100-32-157, Revision 1, dated October 7, 2009; and 
Goodrich Service Bulletin 41350-32-25, dated January 30, 2009; for 
related information.

    Issued in Renton, Washington, on November 3, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28606 Filed 11-12-10; 8:45 am]
BILLING CODE 4910-13-P