43876 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 

(8) Procurement or fabrication of 

components or portions of the proposed 

facility occurring at other than the final, 

in-place location at the facility; or 

(9) Taking any other action which has 

no reasonable nexus to radiological 

health and safety. 

* * * * * 

Dated at Rockville, Maryland, this 21st day 

of July 2010. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–18344 Filed 7–26–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0701; Directorate 

Identifier 2010–NM–017–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Model F.28 Mark 0100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. 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: 

Two reports have been received where, 

during inspection of the vertical stabilizer of 

F28 Mark 0100 aeroplanes, one of the bolts 

that connect the horizontal stabilizer control 

unit actuator with the dog-links was found 

broken (one on the nut side & one on the 

head side). In both occasions, the bolt shaft 

was still present in the connection and 

therefore the horizontal stabilizer function 

was not affected. If a single dog-link 

connection fails, the complete stabilizer load 

is taken up by the remaining dog-link 

connection. * * * 

To address and correct this unsafe 

condition EASA [European Aviation Safety 

Agency] issued AD 2007–0287 

[corresponding FAA AD 2008–22–14] that 

required a one-time inspection of the affected 

bolts, * * * and replacement of failed bolts 

with serviceable parts. EASA AD 2007–0287 

also required the installation of a tie wrap 

through the lower bolts of the horizontal 

stabilizer control unit, to keep the bolt in 

place in the event of a bolt head failure. 

Recent examination revealed that the bolts 

failed due to stress corrosion, attributed to 

excessive bolt torque. Investigation of the 

recently failed bolts showed that the 

modification as required by AD 2007–0287 is 

not adequate. 

* * * * * 

Loss of horizontal stabilizer function 

could result in partial 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 September 10, 

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 the 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 technical

services.fokkerservices@stork.com; 

Internet http://www.myfokkerfleet.com. 

For the Goodrich service information 

identified in this proposed AD, contact 

Goodrich Corporation, Landing Gear, 

1400 South Service Road, West Oakville 

L6L 5Y7, Ontario, Canada; telephone 

905–825–1568; e-mail 

jean.breed@goodrich.com; 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–2010–0701; Directorate Identifier 

2010–NM–017–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 

On October 9, 2008, we issued AD 

2008–22–14, Amendment 39–15710 (73 

FR 70261, November 20, 2008). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2008–22–14, we 

have received information that the 

actions required in AD 2008–22–14 are 

insufficient to prevent the unsafe 

condition from occurring. The European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community, has 

issued EASA Airworthiness Directive 

2009–0216, dated October 7, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 43877 

Two reports have been received where, 

during inspection of the vertical stabilizer of 

F28 Mark 0100 aeroplanes, one of the bolts 

that connect the horizontal stabilizer control 

unit actuator with the dog-links was found 

broken (one on the nut side & one on the 

head side). In both occasions, the bolt shaft 

was still present in the connection and 

therefore the horizontal stabilizer function 

was not affected. If a single dog-link 

connection fails, the complete stabilizer load 

is taken up by the remaining dog-link 

connection. Any failed connection should be 

detected and corrected at the next scheduled 

inspection. 

To address and correct this unsafe 

condition EASA issued AD 2007–0287 

[corresponding FAA AD 2008–22–14] that 

required a one-time inspection of the affected 

bolts, Part Number (P/N) 23233–1, and 

replacement of failed bolts with serviceable 

parts. EASA AD 2007–0287 also required the 

installation of a tie wrap through the lower 

bolts of the horizontal stabilizer control unit, 

to keep the bolt in place in the event of a bolt 

head failure. 

Recent examination revealed that the bolts 

failed due to stress corrosion, attributed to 

excessive bolt torque. Investigation of the 

recently failed bolts showed that the 

modification as required by AD 2007–0287 is 

not adequate. 

To address the stress corrosion, the 

manufacturer of the bolt, Goodrich, has 

introduced a bolt with an improved corrosion 

protection, P/N 23233–3, through Service 

Bulletin 23100–27–29. 

For the reasons described above, this EASA 

AD retains the requirements of AD 2007– 

0287, which is superseded, and adds the 

requirement to replace the affected P/N 

23233–1 bolts with improved bolts. 

Concurrently, the tie-wrap must be removed. 

Loss of horizontal stabilizer function 

could result in partial loss of control of 

the airplane. 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– 

092, dated April 27, 2009. Goodrich has 

issued Service Bulletin 23100–27–29, 

dated November 14, 2008. 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 4 products of U.S. registry. 

The actions that are required by AD 

2008–22–14 and retained in this 

proposed AD take about 3 work-hours 

per product, at an average labor rate of 

$85 per work-hour. Based on these 

figures, the estimated cost of the 

currently required actions is $255 per 

product. 

We estimate that it would take about 

7 work-hours per product to comply 

with the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $1,550 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 $8,580, or $2,145 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–15710 (73 FR 

70261, November 20, 2008) and adding 

the following new AD: 

Fokker Services B.V.: Docket No. FAA– 

2010–0701; Directorate Identifier 2010– 

NM–017–AD. 

Comments Due Date 

(a) We must receive comments by 

September 10, 2010. 

Affected ADs 

(b) This AD supersedes AD 2008–22–14, 

Amendment 39–15710. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
43878 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Proposed Rules 

Applicability 

(c) This AD applies to Fokker Services B.V. 

Model F.28 Mark 0100 airplanes, certificated 

in any category, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Two reports have been received where, 

during inspection of the vertical stabilizer of 

F28 Mark 0100 aeroplanes, one of the bolts 

that connect the horizontal stabilizer control 

unit actuator with the dog-links was found 

broken (one on the nut side & one on the 

head side). In both occasions, the bolt shaft 

was still present in the connection and 

therefore the horizontal stabilizer function 

was not affected. If a single dog-link 

connection fails, the complete stabilizer load 

is taken up by the remaining dog-link 

connection. * * * 

To address and correct this unsafe 

condition EASA [European Aviation Safety 

Agency] issued AD 2007–0287 

[corresponding FAA AD 2008–22–14] that 

required a one-time inspection of the affected 

bolts, * * * and replacement of failed bolts 

with serviceable parts. EASA AD 2007–0287 

also required the installation of a tie wrap 

through the lower bolts of the horizontal 

stabilizer control unit, to keep the bolt in 

place in the event of a bolt head failure. 

Recent examination revealed that the bolts 

failed due to stress corrosion, attributed to 

excessive bolt torque. Investigation of the 

recently failed bolts showed that the 

modification as required by AD 2007–0287 is 

not adequate. 

* * * * * 

Loss of horizontal stabilizer function could 

result in partial loss of control of the 

airplane. 

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. 

Restatement of Requirements of AD 2008– 

22–14 

Actions and Compliance 

(g) Unless already done, within 6 months 

after December 26, 2008 (the effective date of 

AD 2008–22–14), do the following actions. 

(1) Perform a one-time inspection (integrity 

check) for failure of the lower bolts of the 

stabilizer control unit dog-links, in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–27–091, dated August 31, 2007. If a 

failed bolt is found, before further flight, 

replace the bolt with a serviceable bolt in 

accordance with the Accomplishment 

Instructions of the service bulletin. 

(2) Install a tie-wrap through the lower 

bolts of the stabilizer control unit, in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–27–091, dated August 31, 2007. 

New Requirements of This AD: Actions 

(h) Within 30 months after the effective 

date of this AD, do the actions specified in 

paragraphs (h)(1) and (h)(2) of this AD 

concurrently. Accomplishing the actions of 

both paragraphs (h)(1) and (h)(2) of this AD 

terminates the actions required by paragraph 

(g) of this AD. 

(1) Remove the tie-wrap, P/N MS3367–2– 

9, from the lower bolts of the horizontal 

stabilizer control unit, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–27–092, dated April 

27, 2009. 

(2) Remove the lower bolts, P/N 23233–1, 

of the horizontal stabilizer control unit and 

install bolts, P/N 23233–3, in accordance 

with the Accomplishment Instructions of 

Goodrich Service Bulletin 23100–27–29, 

dated November 14, 2008. 

(i) After accomplishing the requirements of 

paragraph (h) of this AD, do not install a bolt 

having P/N 23233–1 or a tie-wrap having 

P/N MS3367–2–9. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

difference. 

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. 

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 EASA Airworthiness 

Directive 2009–0216, dated October 7, 2009; 

Fokker Service Bulletin SBF100–27–091, 

dated August 31, 2007; Fokker Service 

Bulletin SBF100–27–092, dated April 27, 

2009; and Goodrich Service Bulletin 23100– 

27–29, dated November 14, 2008; for related 

information. 

Issued in Renton, Washington, on July 21, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–18399 Filed 7–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0864; Directorate 

Identifier 2008–NM–202–AD] 

RIN 2120–AA64 

Airworthiness Directives; DASSAULT 

AVIATION Model Falcon 10 Airplanes; 

Model FAN JET FALCON, FAN JET 

FALCON SERIES C, D, E, F, and G 

Airplanes; Model MYSTERE–FALCON 

200 Airplanes; Model MYSTERE– 

FALCON 20–C5, 20–D5, 20–E5, and 

20–F5 Airplanes; Model FALCON 2000 

and FALCON 2000EX Airplanes; and 

Model MYSTERE–FALCON 50 and 

MYSTERE–FALCON 900 Airplanes, and 

FALCON 900EX Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above. 

This action revises the earlier NPRM by 

expanding the scope. 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: 

During maintenance on one aircraft, it was 

discovered that the overpressure capsules 

were broken on both pressurization valves. 

Failure of the pressurization control 

regulating valve (overpressure capsule) will 

affect the aircraft’s overpressure protection 

* * *. 

* * * * * 

The unsafe condition is 

overpressurization, which can result in 

injury to the occupants and possible 

structural failure leading to loss of 

control of the airplane. The proposed 

AD would require actions that are 

intended to address the unsafe 

condition described in the MCAI. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1