[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Rules and Regulations]               
[Page 70261-70263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no08-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0850; Directorate Identifier 2007-NM-342-AD; 
Amendment 39-15710; AD 2008-22-14]
RIN 2120-AA64

 
Airworthiness Directives; Fokker Model F.28 Mark 0100 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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:
* * * * *
    During recent inspections it was found that some * * * bolts, 
that connect the horizontal stabilizer control unit actuator with 
the dog-links, were broken. This condition, if not corrected, could 
lead to [the loss of the flight control input connection to the 
horizontal stabilizer and consequent] partial loss of control of the 
aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 26, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 26, 
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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, WA 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 August 7, 2008 (73 
FR 45898) and proposed to supersede AD 97-13-05, Amendment 39-10051 (62 
FR 34617, June 27, 1997). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    In January 1996, Fokker issued Service Bulletin (SB) SBF100-27-
069 (referencing Menasco, now Goodrich, SB 23100-27-19) to introduce 
an inspection of bolt Part Number (P/N) 23233-1 for cracks after the 
examination of a failed bolt. This Service Bulletin was made 
mandatory by CAA-NL (Civil Aviation Authority--the Netherlands) with 
the issuance of AD BLA 1996-006 (A) [reference corresponding FAA AD 
97-13-05]. Additionally the same SB introduced a lower torque value 
for these bolts.
    During recent inspections it was found that some of these bolts, 
that connect the horizontal stabilizer control unit actuator with 
the dog-links, were broken. This condition, if not corrected, could 
lead to [the loss of the flight control input connection to the 
horizontal stabilizer and consequent] partial loss of control of the 
aircraft.
    Since an unsafe condition has been identified that continues to 
exist or develop on other aircraft of the same type design, this 
Airworthiness Directive supersedes CAA-NL AD 1996-006 and requires 
an integrity check by a re-torque in accordance with SBF100-27-091 
and the installation of a tie wrap through the bolt, which will act 
as a retainer for the bolt and nut. The key function for this tie-
wrap is to keep the bolt in place in the event the bolt head fails.

The corrective action includes replacing any failed bolt (i.e., broken 
or loose bolt) with a serviceable bolt. This AD also expands the 
applicability of AD 97-13-05. 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 9 products of U.S. 
registry. We also estimate that it will take about 3 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $2,160, or $240 per 
product.

[[Page 70262]]

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;
    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 removing Amendment 39-10051 (62 FR 
34617, June 27, 1997) and adding the following new AD:

2008-22-14 Fokker Services B.V.: Amendment 39-15710. Docket No. FAA-
2008-0850; Directorate Identifier 2007-NM-342-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
26, 2008.

Affected ADs

    (b) This AD supersedes AD 97-13-05, Amendment 39-10051.

Applicability

    (c) This AD applies to Fokker Model F.28 Mark 0100 airplanes, 
certificated in any category, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    In January 1996, Fokker issued Service Bulletin (SB) SBF100-27-
069 (referencing Menasco, now Goodrich, SB 23100-27-19) to introduce 
an inspection of bolt Part Number (P/N) 23233-1 for cracks after the 
examination of a failed bolt. This Service Bulletin was made 
mandatory by CAA-NL (Civil Aviation Authority--the Netherlands) with 
the issuance of AD BLA 1996-006 (A) [reference corresponding FAA AD 
97-13-05]. Additionally the same SB introduced a lower torque value 
for these bolts.
    During recent inspections it was found that some of these bolts, 
that connect the horizontal stabilizer control unit actuator with 
the dog-links, were broken. This condition, if not corrected, could 
lead to [the loss of the flight control input connection to the 
horizontal stabilizer and consequent] partial loss of control of the 
aircraft.
    Since an unsafe condition has been identified that continues to 
exist or develop on other aircraft of the same type design, this 
Airworthiness Directive [European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0287, dated November 15, 2007] 
supersedes CAA-NL AD 1996-006 and requires an integrity check by a 
re-torque in accordance with SBF100-27-091 and the installation of a 
tie wrap through the bolt, which will act as a retainer for the bolt 
and nut. The key function for this tie-wrap is to keep the bolt in 
place in the event the bolt head fails.
    The corrective action includes replacing any failed bolt (i.e., 
broken or loose bolt) with a serviceable bolt.

Actions and Compliance

    (f) Unless already done, within 6 months after the effective 
date of this AD, do the following actions.
    (1) Perform a one-time inspection (integrity check) for failure 
of the lower bolts of the stabilizer control unit dog-links, in 
accordance with the Accomplishment Instructions of Fokker Service 
Bulletin SBF100-27-091, dated August 31, 2007. If a failed bolt is 
found, before further flight, replace the bolt with a serviceable 
bolt in accordance with the Accomplishment Instructions of the 
service bulletin.
    (2) Install a tie-wrap through the lower bolts of the stabilizer 
control unit, in accordance with the Accomplishment Instructions of 
Fokker Service Bulletin SBF100-27-091, dated August 31, 2007.

FAA AD Differences

    Note: 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, 
WA 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 EASA Airworthiness Directive 2007-0287, dated 
November 15,

[[Page 70263]]

2007; and Fokker Service Bulletin SBF100-27-091, dated August 31, 
2007; for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF100-27-091, dated 
August 31, 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; telephone +31 (0)252-627-350; fax 
+31 (0)252-627-211; e-mail 
technicalservices.fokkerservices@stork.com; Internet http://
www.myfokkerfleet.com.
    (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 October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-25755 Filed 11-19-08; 8:45 am]

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