Federal Register, Volume 76 Issue 31 (Tuesday, February 15, 2011)

[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8618-8620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2823]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1038; Directorate Identifier 2009-NM-250-AD;
Amendment 39-16601; AD 2011-04-01]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Model F.28 Mark
0070 and 0100 Airplanes

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

ACTION: Final rule.

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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:

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective March 22, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 22,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 21, 2010 (75
FR 64963). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

During a normal walkaround check on a F28 Mark 0100 aeroplane, a
large crack was discovered in the lower portion of the right (RH)
MLG [main landing gear] piston. The affected MLG unit had
accumulated 7909 flight cycles (FC) at the time of detection. The
piston has been sent to Goodrich, the landing gear manufacturer, for
detailed investigation.
This condition, if not detected and corrected, could lead to MLG
failure, possibly resulting in loss of control of the aeroplane
during the landing roll-out.
For the reasons described above, this AD requires a one-time
detailed visual inspection of the MLG pistons, the replacement of
any MLG pistons on which cracks are detected, and the reporting of
all findings to the aeroplane TC [type certificate] holder. The
inspection results, in combination with the findings of the crack/
metallurgical investigation of the cracked piston by Goodrich, will
be used to determine the necessity of additional and/or more
detailed inspections, or any other corrective action. This AD is
considered an interim measure, and further action is likely to
follow.

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

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Update Reference to MCAI

The European Aviation Safety Agency (EASA) requested that we update
the NPRM to refer to EASA AD 2009-0221R1, dated June 30, 2010. This
EASA AD corrects a typographical error, which was the source of a
difference between the FAA NPRM and the EASA AD.
We agree with the EASA's request to update this final rule to refer
to the latest EASA AD. We have also revised Note 1 of the final rule to
state that there are no differences between the EASA AD and the FAA AD.

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the

[[Page 8619]]

public interest require adopting the AD with the changes described
previously. We determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

We estimate that this AD will affect 6 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $1,530 or $255 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 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.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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:

2011-04-01 Fokker Services, B.V.: Amendment 39-16601. Docket No.
FAA-2010-1038; Directorate Identifier 20009-NM-250-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective March
22, 2011.

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, equipped with
Goodrich (formerly Menasco, Colt Industries) main landing gear (MLG)
units having part number (P/N) 41050-7, 41050-8, 41050-9, 41050-10,
41050-11, 41050-12, 41050-13, 41050-14, 41050-15, 41050-16, 41060-1,
41060-2, 41060-3, 41060-4, 41060-5, or 41060-6.

Subject

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

Reason

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

During a normal walkaround check on a F28 Mark 0100 aeroplane, a
large crack was discovered in the lower portion of the right (RH)
MLG piston. The affected MLG unit had accumulated 7909 flight cycles
(FC) at the time of detection. The piston has been sent to Goodrich,
the landing gear manufacturer, for detailed investigation.
This condition, if not detected and corrected, could lead to MLG
failure, possibly resulting in loss of control of the aeroplane
during the landing roll-out.
For the reasons described above, this AD requires a one-time
detailed visual inspection of the MLG pistons, the replacement of
any MLG pistons on which cracks are detected, and the reporting of
all findings to the aeroplane TC [type certificate] holder. The
inspection results, in combination with the findings of the crack/
metallurgical investigation of the cracked piston by Goodrich, will
be used to determine the necessity of additional and/or more
detailed inspections, or any other corrective action. This AD is
considered an interim measure, and further action is likely to
follow.

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.

Inspection

(g) Within 30 days after the effective day of this AD, do a
detailed visual inspection for cracks of the MLG pistons, in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-32-158, dated October 2, 2009.
(h) If any cracked MLG piston is found during the inspection
required by paragraph (g) of this AD, before further flight replace
the affected piston with a serviceable part, in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
158, dated October 2, 2009.
(i) At the applicable time specified in paragraph (i)(1) or
(i)(2) of this AD, report the inspection results (including no
findings) to Fokker Services B.V. by using the Questionnaire
provided in Fokker Service Bulletin SBF100-32-158, dated October 2,
2009.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

[[Page 8620]]

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, 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, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding 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: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

(k) For related information, refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2009-0221R1, dated June 30,
2010; and Fokker Service Bulletin SBF100-32-158, dated October 2,
2009.

Material Incorporated by Reference

(l) You must use Fokker Service Bulletin SBF100-32-158, dated
October 2, 2009, 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
technicalservices.fokkerservices@stork.com; 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.
(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 January 31, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-2823 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-13-P