56460 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

Issued in Burlington, Massachusetts, on 

September 19, 2008. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–22521 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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; 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 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 

■ 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 FAA amends § 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 FAAapproved 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/ibrlocations.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] 

BILLING CODE 4910–13–P 


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