[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Proposed Rules]
[Pages 27668-27670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11890]



[[Page 27668]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0516; Directorate Identifier 2009-NM-251-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

    When preparing for landing, the flight crew of a F28 Mark 0100 
(Fokker 100) aeroplane observed a main landing gear (MLG) unsafe 
indication after landing gear down selection. * * * [T]he right (RH) 
MLG was partly extended and the left (LH) MLG door was open but 
without the MLG being extended. * * *
    Subsequent investigation revealed that the cause of the MLG 
extension problem was the (partially) blocked hydraulic return line 
from the MLG selector valve by pieces of hard plastic. These were 
identified as parts of the poppet seat of PBSOV [parking brake shut-
off valve] Part Number (P/N) 70379. * * *
    This condition, if not detected and corrected, could lead to 
further events where the MLG fails to extend, possibly resulting in 
loss of control of the aeroplane during landing.
* * * * *
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 July 2, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#e99d8c8a8187808a88859a8c9b9f808a8c9ac78f8682828c9b9a8c9b9f808a8c9aa99a9d869b82c78a8684"><span class="__cf_email__" data-cfemail="651100060d0b0c060409160017130c0600164b030a0e0e0017160017130c0600162516110a170e4b060a08">[email protected]</span></a>; 
Internet http://www.myfokkerfleet.com. 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-2010-0516; 
Directorate Identifier 2009-NM-251-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 2009-0220, dated October 14, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    When preparing for landing, the flight crew of a F28 Mark 0100 
(Fokker 100) aeroplane observed a main landing gear (MLG) unsafe 
indication after landing gear down selection. The approach was 
aborted and the landing gear unsafe procedure was accomplished. As 
this did not produce the desired effect, a low pass was performed 
and the control tower confirmed that the right (RH) MLG was partly 
extended and the left (LH) MLG door was open but without the MLG 
being extended. Eventually the aeroplane landed with partly extended 
landing gear, without resulting in serious injuries to the 
occupants.
    Subsequent investigation revealed that the cause of the MLG 
extension problem was the (partially) blocked hydraulic return line 
from the MLG selector valve by pieces of hard plastic. These were 
identified as parts of the poppet seat of PBSOV [parking brake shut-
off valve] Part Number (P/N) 70379. The PBSOV installed on the 
incident aeroplane was a modified version of P/N 70379, identified 
by suffix ``A'' behind the serial number on the identification 
plate. This modification was introduced by Eaton, the valve 
manufacturer, with Eaton Service Bulletin (SB) 70379-32-01 and 
includes replacement of the original poppet with clamped hard 
plastic seat by an improved poppet assembly with screwed-on seat. 
When the affected valve was opened, it was confirmed that it 
contained the improved poppet assembly. The poppet seat fragments 
found in the return system therefore originated from a previously 
installed (pre SB 70379-32-01) P/N 70379 PBSOV and must have been 
present in the return/pressure line prior to installation of the 
modified PBSOV.
    This condition, if not detected and corrected, could lead to 
further events where the MLG fails to extend, possibly resulting in 
loss of control of the aeroplane during landing.
    For the reasons described above, this AD requires the [detailed] 
inspection of the associated hydraulic lines, irrespective what type 
PBSOV is installed, removal of contamination in the system, if any, 
and replacement of each unmodified PBSOV with a modified unit. This 
AD also prohibits, after installation of a modified PBSOV on an 
aeroplane, re-installation of an unmodified PBSOV on that aeroplane.

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

[[Page 27669]]

Relevant Service Information

    Fokker Services B.V. has issued Service Bulletin SBF100-32-159, 
dated October 6, 2009. Eaton Aerospace has issued Service Bulletin 
70379-32-01, dated September 15, 2001. 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 6 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $2,040, or $340 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2010-0516; Directorate 
Identifier 2009-NM-251-AD.

Comments Due Date

    (a) We must receive comments by July 2, 2010.

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, all serial 
numbers.

Subject

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

Reason

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

    When preparing for landing, the flight crew of a F28 Mark 0100 
(Fokker 100) aeroplane observed a main landing gear (MLG) unsafe 
indication after landing gear down selection. * * * [T]he right (RH) 
MLG was partly extended and the left (LH) MLG door was open but 
without the MLG being extended. * * *
    Subsequent investigation revealed that the cause of the MLG 
extension problem was the (partially) blocked hydraulic return line 
from the MLG selector valve by pieces of hard plastic. These were 
identified as parts of the poppet seat of PBSOV [parking brake shut-
off valve] Part Number (P/N) 70379. * * *
    This condition, if not detected and corrected, could lead to 
further events where the MLG fails to extend, possibly resulting in 
loss of control of the aeroplane during landing.
* * * * *

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.

Actions

    (g) Do the following actions.
    (1) Within 30 days after the effective date of this AD, do a 
detailed inspection of the hydraulic lines associated with the PBSOV 
for contamination in the system (the presence of pieces of material 
from the poppet seat of an unmodified PBSOV having P/N 70379). If 
any contamination is found, before further flight, remove the 
contamination, in accordance with Part 1 of the Accomplishment 
Instructions of Fokker Service Bulletin SBF100-32-159, dated October 
6, 2009.
    (2) Within 18 months after the effective date of this AD, re-
inspect the hydraulic lines and do all applicable corrective actions 
as required by paragraph (g)(1) of this AD, and replace the 
unmodified PBSOV having P/N 70379, with a modified PBSOV having P/N 
70379 having the suffix ``A'' behind the serial number on the 
identification plate, in accordance with Part 2 of the 
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
159, dated October 6, 2009.
    (3) After accomplishing paragraph (g)(2) of this AD, do not 
install any unmodified

[[Page 27670]]

PBSOV having P/N 70379, unless the PBSOV having P/N 70379 has been 
modified, having the suffix ``A'' behind the serial number on the 
identification plate, in accordance with the Accomplishment 
Instructions of Eaton Service Bulletin 70379-32-01, dated September 
15, 2001.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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

    (i) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0220, dated October 14, 2009; Fokker Service Bulletin 
SBF100-32-159, dated October 6, 2009; and Eaton Service Bulletin 
70379-32-01, dated September 15, 2001; for related information.

    Issued in Renton, Washington, on May 7, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-11890 Filed 5-17-10; 8:45 am]
BILLING CODE 4910-13-P


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