[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Proposed Rules]
[Page 78107-78109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de06-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain Fokker Model F.28 Mark 0070 and
0100 airplanes. The original NPRM would have superseded an existing AD
that currently requires a one-time inspection of the sliding members in
the main landing gear (MLG) for cracking and replacement of the sliding
members with serviceable parts if necessary. The original NPRM proposed
to require repetitive magnetic particle inspections of the sliding
members of the MLG for cracking and corrective actions as necessary.
The original NPRM resulted from inspection findings that have shown
repetitive inspections are needed to establish fleet safety. This new
action revises the original NPRM by correcting a certain part number in
the applicability. We are proposing this supplemental NPRM to detect
and correct fatigue cracking of the sliding member, which could result
in possible separation of the MLG from the airplane and consequent
reduced controllability of the airplane upon landing and possible
injury to passengers.
DATES: We must receive comments on this supplemental NPRM by January
22, 2007.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Fokker Services B.V., Technical Services Dept., P.O. Box
231, 2150 AE Nieuw-Vennep, the Netherlands, for service information
identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposal. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``Docket No.
FAA-2006-25391; Directorate Identifier 2006-NM-097-AD'' at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) (the
``original NPRM'') to amend 14 CFR part 39 to include an AD that
supersedes AD 2004-08-01, amendment 39-13570 (69 FR 19759, April 14,
2004). The existing AD applies to certain Fokker Model F.28 Mark 0070
and 0100 airplanes. The original NPRM was published in the Federal
Register on July 19, 2006 (71 FR 40945). The original NPRM proposed to
continue to require a one-time inspection of the sliding members in the
main landing gear (MLG) for cracking and replacement of the sliding
members with serviceable parts if necessary. That NPRM also proposed to
require repetitive magnetic particle inspections of the sliding members
of the MLG for cracking and corrective actions as necessary.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, we have discovered a
typographical error in the applicability of AD 2004-08-01 and the
original NPRM. Table 1 of AD 2004-08-01 and the original NPRM
incorrectly identified MLG part number (P/N) 201012014. We have revised
Table 1 of the supplemental NPRM to refer to P/N 201072014.
Comments
We have considered the following comment on the original NPRM.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by
[[Page 78108]]
reference into a public document, such as an AD, it loses its private,
protected status and becomes a public document. MARPA adds that if a
service document is used as a mandatory element of compliance, it
should not simply be referenced, but should be incorporated into the
regulatory document; by definition, public laws must be public, which
means they cannot rely upon private writings. MARPA adds that
incorporated by reference service documents should be made available to
the public by publication in the Docket Management System (DMS), keyed
to the action that incorporates them. MARPA notes that the stated
purpose of the incorporation by reference method is brevity, to keep
from expanding the Federal Register needlessly by publishing documents
already in the hands of the affected individuals; traditionally,
``affected individuals'' means aircraft owners and operators, who are
generally provided service information by the manufacturer. MARPA adds
that a new class of affected individuals has emerged, since the
majority of aircraft maintenance is now performed by specialty shops
instead of aircraft owners and operators. MARPA notes that this new
class includes maintenance and repair organizations, component
servicing and repair shops, parts purveyors and distributors, and
organizations manufacturing or servicing alternatively certified parts
under section 21.303 (``Replacement and modification parts'') of the
Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic as documents exist more
frequently in electronic format than on paper. Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument,
and published in the DMS.
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR) requires that documents that are necessary to accomplish the
requirements of the AD be incorporated by reference during the final
rule phase of rulemaking. A final rule incorporates by reference the
documents necessary for the accomplishment of the requirements mandated
by the AD. Further, we point out that while documents that are
incorporated by reference do become public information, they do not
lose their copyright protection. For that reason, we advise the public
to contact the manufacturer to obtain copies of the referenced service
information.
In regard to the commenter's request to post service bulletins on
the Department of Transportation's DMS, we are currently in the process
of reviewing issues surrounding the posting of service bulletins on DMS
as part of an AD docket. Once we have thoroughly examined all aspects
of this issue and have made a final determination, we will consider
whether our current practice needs to be revised. No change to the
supplemental NPRM is necessary in response to this comment.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The change discussed above expands the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This proposed AD would affect about 37 airplanes of U.S. registry.
The inspection that is required by AD 2004-08-01 and retained in
this proposed AD takes either about 4 or 12 work hours per airplane,
depending on airplane configuration, at an average labor rate of $80
per work hour. Based on these figures, the estimated cost of the
currently required actions is either $320 or $960 per airplane,
depending on airplane configuration.
The new proposed inspections would take about 2 work hours per
airplane, at an average labor rate of $80 per work hour. Based on these
figures, the estimated cost of the new inspections specified in this
proposed AD for U.S. operators is $5,920, or $160 per airplane, per
inspection cycle.
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 supplemental NPRM 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.
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 39-13570 (69 FR 19759, April 14, 2004) and adding
the following new airworthiness directive (AD):
Fokker Services B.V.: Docket No. FAA-2006-25391; Directorate
Identifier 2006-NM-097-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
22, 2007.
Affected ADs
(b) This AD supersedes AD 2004-08-01.
[[Page 78109]]
Applicability
(c) This AD applies to Fokker Model F.28 Mark 0070 and 0100
airplanes, certificated in any category; equipped with any Dowty or
Messier-Dowty main landing gear (MLG) listed in Table 1 of this AD.
Table 1.--Affected Parts
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Equipped with sliding
MLG part number (P/N) member P/N
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201072011.................................... 201072301 or 201072305
201072012.................................... 201072301 or 201072305
201072013.................................... 201072301 or 201072305
201072014.................................... 201072301 or 201072305
201072015.................................... 201072301 or 201072305
201072016.................................... 201072301 or 201072305
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Unsafe Condition
(d) This AD results from inspection findings that have shown
repetitive inspections are needed to establish fleet safety. We are
issuing this AD to detect and correct fatigue cracking of the
sliding member, which could result in possible separation of the MLG
from the airplane and consequent reduced controllability of the
airplane upon landing and possible injury to passengers.
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.
Requirements of AD 2004-08-01
Inspection and Replacement if Necessary
(f) Within 1,000 flight cycles or six months after May 19, 2004
(the effective date of AD 2004-08-01), whichever occurs first,
perform a magnetic inspection of the sliding members of the MLG for
cracking, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-32-133, dated April 1, 2002. If any
crack is found during the inspection, before further flight, replace
the sliding members with serviceable parts in accordance with the
Accomplishment Instructions of the service bulletin.
Note 1: Fokker Service Bulletin SBF100-32-133, dated April 1,
2002, refers to Messier-Dowty Service Bulletin F100-32-103, dated
March 11, 2002, as an additional source of service information.
Parts Installation With Accomplishment of New Service Bulletins
(g) As of May 19, 2004, no person may install a sliding member
of the MLG, P/N 201072301 or P/N 201072305, on any airplane, unless
it has been inspected in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF100-32-133, dated April
1, 2002; Fokker Service Bulletin SBF100-32-139, dated March 5, 2004;
or Fokker Service Bulletin SBF100-32-144, dated September 19, 2005;
and found to be serviceable.
Note 2: Fokker Service Bulletin SBF100-32-139, dated March 5,
2004, refers to Messier-Dowty Service Bulletin F100-32-105, dated
March 2, 2004, as an additional source of service information for
accomplishing a magnetic inspection.
Note 3: Fokker Service Bulletin SBF100-32-144, dated September
19, 2005, refers to Messier-Dowty Service Bulletin F100-32-110,
dated August 25, 2005, as an additional source of service
information for accomplishing a magnetic inspection.
Reporting Requirement Difference
(h) Although Fokker Service Bulletin SBF100-32-133, dated April
1, 2002, specifies to submit certain information to the
manufacturer, this AD does not include such a requirement.
New Requirements of This AD
Repetitive Inspections
(i) At the later of the compliance times specified in paragraphs
(i)(1) and (i)(2) of this AD: Do a magnetic inspection of the
sliding members of the left and right MLG for cracking, and do all
corrective actions before further flight after the inspection, by
accomplishing all of the applicable actions specified in the
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
144, dated September 19, 2005. Repeat the inspection thereafter at
intervals not to exceed 2,000 flight cycles.
(1) Within 2,000 flight cycles after accomplishing paragraph (f)
of this AD.
(2) Within 4 months after the effective date of this AD.
Credit for Fokker Service Bulletin SBF100-32-139
(j) Actions done before the effective date of this AD in
accordance with Fokker Service Bulletin SBF100-32-139, dated March
5, 2004, are acceptable for compliance with the corresponding
requirements of paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(l) Dutch airworthiness directive NL-2005-012, dated October 17,
2005, also addresses the subject of this AD.
Issued in Renton, Washington, on December 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-22279 Filed 12-27-06; 8:45 am]
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