8608 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

6, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–2512 Filed 2–26–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26044; Directorate 

Identifier 2006–NM–098–AD; Amendment 

39–14960; AD 2007–04–27] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 1000, 2000, 3000, and 

4000 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Fokker Model F.28 Mark 1000, 2000, 

3000, and 4000 airplanes. This AD 

requires a one-time inspection of the 

left- and right-hand main landing gear 

(MLG) downlock actuators or a review 

of the airplane maintenance records to 

determine the part number of each 

downlock actuator installed, and 

replacement of identified MLG 

downlock actuators with modified MLG 

downlock actuators. This AD results 

from a report of a failed downlock 

actuator, which resulted in the left MLG 

collapsing during taxi after landing. We 

are issuing this AD to prevent failure of 

the downlock actuator, which could 

prevent the MLG side stay from locking 

properly, resulting in collapse of the 

MLG during ground maneuvers or upon 

landing. 

DATES: This AD becomes effective April 

3, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 3, 2007. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

Contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the 

Netherlands, for service information 

identified in this AD. 

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: 

Examining the Docket 

You may examine the airworthiness 

directive (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 street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to all Fokker Model F.28 Mark 

1000, 2000, 3000, and 4000 airplanes. 

That NPRM was published in the 

Federal Register on October 12, 2006 

(71 FR 60085). That NPRM proposed to 

require a one-time inspection of the leftand right-hand main landing gear (MLG) 

downlock actuators or a review of the 

airplane maintenance records to 

determine the part number of each 

downlock actuator installed, and 

replacement of identified MLG 

downlock actuators with modified MLG 

downlock actuators. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To State Intent To Incorporate 

Service Information 

The Modification and Replacement 

Parts Association (MARPA) requests 

that, during the NPRM stage of AD 

rulemaking, the FAA state its intent to 

incorporate by reference (IBR) any 

relevant service information. MARPA 

states that without such a statement in 

the NPRM, it is unclear whether the 

relevant service information will be 

incorporated by reference in the final 

rule. 

We do not agree with the commenter’s 

request. When we reference certain 

service information in a proposed AD, 

the public can assume we intend to IBR 

that service information, as required by 

the Office of the Federal Register. No 

change to this final rule is necessary in 

regard to the commenter’s request. 

Request To Incorporate Essential 

Service Information 

MARPA states that airworthiness 

directives are frequently derived from 

service information originating with the 

type certificate holder or its suppliers. 

MARPA further states that these 

manufacturer service documents are 

privately authored instruments 

generally enjoying copyright protection 

against duplication and publication. 

MARPA asserts that when a service 

document is incorporated by reference 

into a public document, such as an AD, 

it loses its private, protected status and 

becomes a public document. MARPA 

also states that if a service document is 

used as a mandatory element of 

compliance, it should not simply be 

mentioned, but should be incorporated 

into the regulatory document. Therefore, 

MARPA states that it is concerned that 

failure to incorporate the necessary 

service information could result in a 

court decision invalidating the AD. For 

these reasons, MARPA requests that the 

essential service documents be 

incorporated by reference into the 

regulatory instrument. 

We understand MARPA’s comment 

concerning IBR. 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. This 

final rule incorporates by reference the 

document necessary for the 

accomplishment of the actions required 

by this 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. 

Request To Publish Service Information 

on the Docket Management System 

(DMS) 

MARPA also requests that we make 

service information available to the 

public by publication in DMS, keyed to 

the action that incorporates that 

information. MARPA states that the 

purpose of the IBR method is brevity, to 

keep from expanding the Federal 

Register needlessly by publishing 

documents already available to the 

affected individuals. MARPA asserts 

that, traditionally, ‘‘affected 

individuals’’ has meant aircraft owners 

and operators who are generally 

provided service information by the 

manufacturer. MARPA further asserts 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 8609 

that a new class of affected individuals 

has emerged, since the majority of 

aircraft maintenance is now performed 

by specialty shops instead of owners 

and operators. MARPA states that this 

new class of individuals includes 

maintenance and repair organizations, 

component servicing and repair shops, 

parts purveyors and distributors, and 

organizations manufacturing or 

servicing alternatively certified parts 

under sections 21.303 (‘‘Replacement 

and modification parts’’) of the Federal 

Aviation Regulations (14 CFR 21.303). 

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 the 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 final rule is 

necessary in response to this comment. 

Request To Address Parts Manufacturer 

Approval (PMA) Parts 

MARPA also requests that the NPRM 

be revised to cover possible defective 

PMA alternative parts, rather than just 

a single part number, and to permit the 

use of new and improved PMA parts. 

MARPA states that type certificate 

holders typically ignore the existence of 

PMA parts in their service information, 

especially manufacturers in other 

countries of origin where the concept 

may not exist or be implemented. 

MARPA goes on to state that installation 

of a certain part-numbered part to the 

exclusion of all other parts, in some 

cases, effectively prohibits the 

installation of perfectly good parts and 

prohibits the development of PMA 

parts. MARPA asserts that such a 

prohibition runs the risk of removing 

the AD from the realm of safety and 

moving it into the realm of economics. 

We acknowledge the need to ensure 

that unsafe PMA parts are identified and 

addressed in ADs. We are currently 

examining all aspects of this issue, 

including input from industry. Once we 

have made a final determination, we 

will consider how our policy regarding 

PMA parts in ADs needs to be revised. 

We consider that to delay this AD action 

would be inappropriate, since we have 

determined that an unsafe condition 

exists and that replacement of certain 

parts must be accomplished to ensure 

continued safety. Therefore, no change 

has been made to the final rule in this 

regard. 

Request To Add Certain Language 

MARPA also asserts that the NPRM 

does not comply with draft FAA Order 

8040.2, which allows use of PMA parts 

based on a finding of identicality. 

MARPA suggests that adding language 

similar to that in draft Order 8040.2 

would resolve the issue of possible 

defective PMA parts. MARPA points out 

that another AD issued from a 

Directorate other than the Transport 

Airplane Directorate does contain the 

wording that it has requested. MARPA 

therefore requests that the FAA agree, in 

a timely manner, on how the matter is 

to be treated. 

The NPRM did not address PMA 

parts, as provided in draft FAA Order 

8040.2, because the Order was only a 

draft that was out for comment at the 

time. After issuance of the NPRM, the 

Order was revised and issued as FAA 

Order 8040.5 with an effective date of 

September 29, 2006. FAA Order 8040.5 

does not address PMA parts in ADs. 

The FAA recognizes the need for 

standardization of this issue and is 

currently in the process of reviewing 

issues that address the use of PMAs in 

ADs at the national level. However, the 

Transport Airplane Directorate 

considers that to delay this particular 

AD action would be inappropriate, since 

we have determined that an unsafe 

condition exists and that replacement of 

certain parts must be accomplished to 

ensure continued safety. Therefore, no 

change has been made to the final rule 

in this regard. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD as proposed. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Parts Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection of both MLG 

downlock actuators (2 per airplane).

1 ............... $80 $0 ............................................... $80 6 Up to $480. 

Review of the airplane maintenance records in lieu of the inspection to determine P/N.1 .............. 80 0 ................................................. 80 6 Up to $480. 

Replacement of the MLG 

downlock actuators (2 per airplane).

4, per actuator.80 16,511, per actuator ................... 33,662 6 Up to $201,972. 

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 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 


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8610 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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. 

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, 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 

■ 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2007–04–27 Fokker Services B.V.: 

Amendment 39–14960. Docket No. 

FAA–2006–26044; Directorate Identifier 

2006–NM–098–AD. 

Effective Date 

(a) This AD becomes effective April 3, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Fokker Model 

F.28 Mark 1000, 2000, 3000, and 4000 

airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD results from a report of a failed 

downlock actuator, which resulted in the left 

main landing gear (MLG) collapsing during 

taxi after landing. We are issuing this AD to 

prevent failure of the downlock actuator, 

which could prevent the MLG side stay from 

locking properly, resulting in collapse of the 

MLG during ground maneuvers or upon 

landing. 

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. 

Determination of the Part Number (P/N) of 

the MLG Downlock Actuators 

(f) Within 66 months after the effective 

date of this AD: Inspect the left- and righthand MLG downlock actuators to determine 

if P/N 200497005 or 200498005 is installed. 

A review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

part number of the MLG downlock actuator 

can be conclusively determined from that 

review. If an MLG downlock actuator does 

not have a subject part number, no further 

action is required by this AD for that MLG 

only, except as provided by paragraph (h) of 

this AD. 

Replacement of Subject MLG Downlock 

Actuators 

(g) For any MLG downlock actuator 

identified during the inspection or 

maintenance records review required by 

paragraph (f) of this AD, or for which the part 

number cannot be determined: Within 66 

months after the effective date of this AD, 

replace the MLG downlock actuator with a 

modified MLG downlock actuator in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin F28/ 

32–163, dated March 8, 2004. 

Note 1: Fokker Service Bulletin F28/32–

163 refers to Dowty Aerospace Hydraulics—

Cheltenham Service Bulletin 32–501R, 

Revision 1, dated September 3, 1998, as an 

additional source of service information for 

modifying the MLG downlock actuator. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install an MLG downlock 

actuator, P/N 200497005 or 200498005, on 

any airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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 

(j) Dutch airworthiness directive 2004–047, 

dated April 20, 2004, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(k) You must use Fokker Service Bulletin 

F28/32–163, dated March 8, 2004, to perform 

the actions that are required by this AD, 

unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 2150 

AE Nieuw-Vennep, the Netherlands, for a 

copy of this service information. You may 

review copies at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or 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/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on February 

15, 2007. 

Stephen Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–3168 Filed 2–26–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27335; Directorate 

Identifier 2006–NM–291–AD; Amendment 

39–14962; AD 2007–05–01] 

RIN 2120–AA64 

Airworthiness Directives; 

Construcciones Aeronauticas, S.A., 

(CASA) Model C–212 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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 follows: 

On 23 November 2006, Emergency 

Airworthiness Directive 2006–0351–E was 

published requiring an inspection to be 

performed on C–212 aeroplanes having been 

used for Maritime Patrol or other similar low 

altitude operations, due to the fact that, after 

initial examination of the evidences of a 

recent C–212 Maritime Patrol aircraft 

accident, cracks had been found in the centre 

wing lower skin at STA Y=1030. At the time 

of the accident, the aircraft had accumulated 

17,000 flight hours and 7,300 flight cycles. 

The cracks were suspected to be caused by 

fatigue. 

After a more detailed examination in the 

laboratory, it has been determined that the 

initiation of the cracks was produced by 

fretting. 

* * * * * 


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