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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
 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. 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 
                        *technicalservices.fokkerservices@stork.com*; 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 
                        *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 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 
                    ( print 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. § 39.13
  2. The FAA amends § 39.13 by adding the following new AD: 
 
 **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 withinA < 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 
                                ( print 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