[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Rules and Regulations]
[Pages 56460-56461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0676; Directorate Identifier 2007-NM-280-AD; 
Amendment 39-15676; AD 2008-19-09]
RIN 2120-AA64


Airworthiness Directives; Fokker 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:

    Service experience has shown that heavy MLG (main landing gear) 
shimmy vibration can occur due to faulty/empty dampers or due to 
excessive free play in the T/L (torque link) apex joint. In several 
cases this shimmy vibration resulted in a MLG main fitting failure * 
* * finally resulting in a collapse of the MLG causing extensive 
damage to the wingtip, aileron and flaps. * * *

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

DATES: This AD becomes effective November 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 3, 
2008.

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 July 2, 2008 (73 FR 
37898). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Service experience has shown that heavy MLG (main landing gear) 
shimmy vibration can occur due to faulty/empty dampers or due to 
excessive free play in the T/L (torque link) apex joint. In several 
cases this shimmy vibration resulted in a MLG main fitting failure. 
In those cases where only the upper torque link attachment lug 
failed the damage to the aircraft was limited. In all other cases 
the MLG main fitting cracked, finally resulting in a collapse of the 
MLG causing extensive damage to the wingtip, aileron and flaps. To 
prevent the collapse of the MLG, Messier-Dowty has designed an upper 
torque link fuse pin with a static strength lower than the 
demonstrated strength of the MLG main fitting. In case of a heavy 
shimmy vibration the upper torque link fuse pin will fail before the 
main fitting. Therefore the installation of an upper torque link 
fuse pin will protect the LH and RH (left- and right-hand) MLG main 
fitting against extreme shimmy loads and thus against a MLG main 
fitting failure and a MLG collapse. Since an unsafe condition has 
been identified that may exist or develop on aircraft of the same 
type design this Airworthiness Directive requires the modification 
of the MLG by replacing the upper torque link pin with a new fuse 
pin.

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 received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 about 2 products of U.S. 
registry. We also estimate that it will take about 15 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $0 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 parts. 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 this AD to the 
U.S. operators to be $2,400, or $1,200 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;

[[Page 56461]]

    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

0
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:

2008-19-09 Fokker Services B.V.: Amendment 39-15676. Docket No. FAA-
2008-0676; Directorate Identifier 2007-NM-280-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0070 and F.28 Mark 
0100, serial numbers 11244 thru 11585, certificated in any category, 
equipped with Messier-Dowty main landing gears.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Service experience has shown that heavy MLG (main landing gear) 
shimmy vibration can occur due to faulty/empty dampers or due to 
excessive free play in the T/L (torque link) apex joint. In several 
cases this shimmy vibration resulted in a MLG main fitting failure. 
In those cases where only the upper torque link attachment lug 
failed the damage to the aircraft was limited. In all other cases 
the MLG main fitting cracked, finally resulting in a collapse of the 
MLG causing extensive damage to the wingtip, aileron and flaps. To 
prevent the collapse of the MLG, Messier-Dowty has designed an upper 
torque link fuse pin with a static strength lower than the 
demonstrated strength of the MLG main fitting. In case of a heavy 
shimmy vibration the upper torque link fuse pin will fail before the 
main fitting. Therefore the installation of an upper torque link 
fuse pin will protect the LH and RH (left- and right-hand) MLG main 
fitting against extreme shimmy loads and thus against a MLG main 
fitting failure and a MLG collapse. Since an unsafe condition has 
been identified that may exist or develop on aircraft of the same 
type design this Airworthiness Directive requires the modification 
of the MLG by replacing the upper torque link pin with a new fuse 
pin.

Actions and Compliance

    (f) Unless already done: Within the applicable compliance time 
specified in paragraphs (f)(1) and (f)(2) of this AD, do the 
following actions.
    (1) For Messier-Dowty MLG in a pre-mod Messier-Dowty Service 
Bulletin F100-32-050 configuration: Within 12 months after the 
effective date of this AD, replace the upper torque link pin with a 
new fuse pin in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-32-148, Revision 1, dated February 
26, 2007.
    (2) For Messier-Dowty MLG in a post-mod Messier-Dowty Service 
Bulletin F100-32-050 configuration: Within 30 months after the 
effective date of this AD, replace the upper torque link pin with a 
new fuse pin in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-32-148, Revision 1, dated February 
26, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI references the original version of the service 
bulletin or a later approved version. The original version of the 
service bulletin specifies to use an incorrect part number. This AD 
refers to Revision 1 of the service bulletin.

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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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, 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 Dutch Airworthiness Directive NL-2007-001, 
dated February 26, 2007; and Fokker Service Bulletin SBF100-32-148, 
Revision 1, dated February 26, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF100-32-148, Revision 
1, dated February 26, 2007, 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.
    (3) 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 September 11, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-22065 Filed 9-26-08; 8:45 am]
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