Airworthiness Directives; Fokker Model F27 Mark 500 Airplanes, 71475-71478 [E6-20861]
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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations
(ii) Any political or campaign
committee the funds or services of
which will benefit a person or that is
controlled by a person. For the purpose
of this section, a related interest does
not include a bank or a foreign bank (as
defined in 12 U.S.C. 3101(7)).
*
*
*
*
*
I 7. Newly designated § 215.11 is
revised to read as follows:
§ 215.11
Civil penalties.
Any member bank, or any officer,
director, employee, agent, or other
person participating in the conduct of
the affairs of the bank, that violates any
provision of this part (other than
§ 215.9) is subject to civil penalties as
specified in section 29 of the Federal
Reserve Act (12 U.S.C. 504).
I 8. The Appendix to Subpart A of Part
215 is redesignated as the Appendix to
Part 215.
I 9. Remove the heading Subpart B—
Reports on Indebtedness of Executive
Officers and Principal Shareholders to
Correspondent Banks.
I 10. Remove §§ 215.20, 215.21, 215.22,
and 215.23.
By order of the Board of Governors of the
Federal Reserve System, December 6, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E6–20956 Filed 12–8–06; 8:45 am]
that, due to fatigue cracking from an
improperly machined radius of the
inner tube, a drag stay broke, and,
consequently, led to the collapse of the
MLG during landing. We are issuing this
AD to prevent such fatigue cracking,
which could result in reduced structural
integrity or collapse of the MLG.
DATES: This AD becomes effective
January 16, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of January 16, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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., 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, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1137;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
[Docket No. FAA–2006–25086; Directorate
Identifier 2006–NM–019–AD; Amendment
39–14847; AD 2006–25–06]
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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.
RIN 2120–AA64
Discussion
Airworthiness Directives; Fokker
Model F27 Mark 500 Airplanes
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 F27 Mark 500
airplanes. That NPRM was published in
the Federal Register on June 21, 2006
(71 FR 35572). That NPRM proposed to
require an inspection to determine
whether certain main landing gear
(MLG) drag stay units (DSUs) are
installed. That NPRM also proposed to
require an ultrasonic inspection to
determine if certain tubes are installed
in the affected DSUs of the MLG, and
related investigative/corrective actions
if necessary.
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Fokker Model F27 Mark 500 airplanes.
This AD requires an inspection to
determine whether certain main landing
gear (MLG) drag stay units (DSUs) are
installed. This AD also requires an
ultrasonic inspection to determine if
certain tubes are installed in the affected
DSUs of the MLG, and related
investigative/corrective actions if
necessary. This AD results from a report
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Comments
We provided the public the
opportunity to participate in the
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71475
development of this AD. We have
considered the comment received.
Request To Change Incorporation of
Certain Information
The Modification and Replacement
Parts Association (MARPA) states that,
typically, airworthiness directives are
based on service information originating
with the type certificate holder or its
suppliers. MARPA adds that
manufacturer service documents are
privately authored instruments
generally having copyright protection
against duplication and distribution.
MARPA notes that when a service
document is incorporated by reference
into a public document, such as an
airworthiness directive, it loses its
private, protected status and becomes a
public document. MARPA adds that if
a service document is used as a
mandatory element of compliance, it
should not simply be referenced, but
should be incorporated into the
regulatory document; by definition,
public laws must be public, which
means they cannot rely upon private
writings.
MARPA adds that incorporated by
reference service documents should be
made available to the public by
publication in the Docket Management
System (DMS), keyed to the action that
incorporates them. MARPA notes that
the stated purpose of the incorporation
by reference method is brevity, to keep
from expanding the Federal Register
needlessly by publishing documents
already in the hands of the affected
individuals; traditionally, ‘‘affected
individuals’’ means aircraft owners and
operators, who are generally provided
service information by the
manufacturer. MARPA adds that a new
class of affected individuals has
emerged, since the majority of aircraft
maintenance is now performed by
specialty shops instead of aircraft
owners and operators. MARPA notes
that this new class includes
maintenance and repair organizations,
component servicing and repair shops,
parts purveyors and distributors, and
organizations manufacturing or
servicing alternatively certified parts
under section 21.303 (‘‘Replacement
and modification parts’’) of the Federal
Aviation Regulations (14 CFR 21.303).
MARPA adds that the concept of brevity
is now nearly archaic as documents
exist more frequently in electronic
format than on paper. Therefore,
MARPA asks that the service documents
deemed essential to the accomplishment
of the NPRM be incorporated by
reference into the regulatory instrument,
and published in the DMS.
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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations
We do not agree that documents
should be incorporated by reference
during the NPRM phase of rulemaking.
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
requirements mandated 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.
In regard to the commenter’s request
that service documents be made
available to the public by publication in
the Federal Register, we agree that
incorporation by reference was
authorized to reduce the volume of
material published in the Federal
Register and the Code of Federal
Regulations. However, as specified in
the Federal Register Document Drafting
Handbook, the Director of the OFR
decides when an agency may
incorporate material by reference. As
the commenter is aware, the OFR files
documents for public inspection on the
workday before the date of publication
of the rule at its office in Washington,
DC. As stated in the Federal Register
Document Drafting Handbook, when
documents are filed for public
inspection, anyone may inspect or copy
file documents during the OFR’s hours
of business. Further questions regarding
publication of documents in the Federal
Register or incorporation by reference
should be directed to the OFR.
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.
Conclusion
We have carefully reviewed the
available data, including the comment
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
Cost per
airplane
Number of
U.S.-registered
airplanes
Fleet cost
Inspection .............................................................................
2
$80
$160
7
$1,120
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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
responsibilities among the various
levels of government.
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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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–25–06 Fokker Services B.V.:
Amendment 39–14847. Docket No.
FAA–2006–25086; Directorate Identifier
2006–NM–019–AD.
Effective Date
(a) This AD becomes effective January 16,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Model
F27 Mark 500 airplanes, certificated in any
category.
Unsafe Condition
(d) This AD results from a report that, due
to fatigue cracking from an improperly
machined radius of the inner tube, a drag
stay broke, and, consequently, led to the
collapse of the main landing gear (MLG)
during landing. We are issuing this AD to
prevent such fatigue cracking, which could
result in reduced structural integrity or
collapse of the MLG.
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.
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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations
Inspections of the Drag Stay Units
(f) Within 60 days after the effective date
of this AD: Inspect the MLG drag stay units
(DSUs) to determine whether Dowty
Aerospace is the manufacturer and, before
further flight, inspect Dowty Aerospace MLG
DSUs to determine whether part number
(P/N) 200261001, 200261002, 200485001,
200485002, 200684001, or 200684002 is
installed. A review of the airplane
maintenance records is acceptable in lieu of
these inspections if the manufacturer and the
part number of the MLG DSU can be
conclusively determined from that review.
For airplanes equipped with MLG DSUs
other than Dowty Aerospace MLG DSUs, and
for airplanes equipped with Dowty
Aerospace MLG DSUs having part numbers
other than P/N 200261001, 200261002,
200485001, 200485002, 200684001, and
200684002, no further action is required by
this AD, except as specified in paragraph (k)
of this AD.
(g) For airplanes equipped with DSUs
having P/N 200261001, 200485001, or
200684001: Within 60 days after the effective
date of this AD, perform an ultrasonic
inspection to determine if a tube having
P/N 200485300 with a straight bore, or a tube
having P/N 200259300 with a change in
section (stepped bore), is installed on the
DSUs of the MLG, in accordance with the
Accomplishment Instructions of Fokker
Service Bulletin F27/32–171, dated
December 16, 2004.
Note 1: Fokker Service Bulletin F27/32–
171, dated December 16, 2004, refers to
Dowty Aerospace Landing Gear Service
Bulletin 32–82W, Revision 2, including
Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated
November 10, 1993; and Dowty Aerospace
Landing Gear Service Bulletin 32–169B,
Revision 2, including Appendix A, dated July
29, 1994, and including Appendix B,
Revision 1, dated November 10, 1993; as
applicable, as appropriate sources of service
information for inspecting MLG DSUs.
(h) If any tube having P/N 200485300 with
a straight bore is found installed during the
inspection required by paragraph (g) of this
AD: Before further flight, re-identify the DSU
with P/N 200261004, 200485004, or
200684004, in accordance with the
Accomplishment Instructions of Dowty
Aerospace Landing Gear Service Bulletin 32–
82W, Revision 2, including Appendix A,
dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993; or
Dowty Aerospace Landing Gear Service
Bulletin 32–169B, Revision 2, including
Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated
November 10, 1993; as applicable. After reidentifying the DSU, no further action is
required by this AD for that DSU; however
airplanes are still subject to the requirements
specified in paragraph (k) of this AD.
(i) If any tube having P/N 200259300 with
a change in section (stepped bore) is found
installed during the inspection required by
paragraph (g) of this AD: Before further flight,
re-identify the DSU in accordance with
paragraphs 2.A.(4)(a) and 2.A.(4)(b) of the
Accomplishment Instructions of Dowty
Aerospace Landing Gear Service Bulletin 32–
82W, Revision 2, including Appendix A,
dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993; or
Dowty Aerospace Landing Gear Service
Bulletin 32–169B, Revision 2, including
Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated
November 10, 1993; as applicable. Following
accomplishment of the re-identification,
before further flight, do the inspection
specified in paragraph (j) of this AD.
Ultrasonic Inspection for Cracking
(j) For airplanes equipped with reidentified DSUs having P/N 200261002,
200485002, 200684002, 200261003,
200485003, or 200684003: Within 60 days
after the effective date of this AD, perform an
ultrasonic inspection to detect cracking in
the re-identified DSUs, in accordance with
the Accomplishment Instructions of Dowty
Aerospace Landing Gear Service Bulletin 32–
82W, Revision 2, including Appendix A,
dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993; or
Dowty Aerospace Landing Gear Service
Bulletin 32–169B, Revision 2, including
Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated
November 10, 1993; as applicable.
(1) For airplanes equipped with any DSU
re-identified as P/N 200684003, 200261003,
or 200485003: If no crack is detected, no
further action is required by this AD for that
DSU; however airplanes are still subject to
the requirements specified in paragraph (k) of
this AD.
(2) For airplanes equipped with any DSU
re-identified as P/N 200684002, 200261002,
or 200485002: If no crack is detected, do the
actions specified in paragraphs (j)(2)(i) and
(j)(2)(ii) of this AD.
(i) Repeat the ultrasonic inspection
required by paragraph (j) of this AD thereafter
at intervals not to exceed 1,500 flight cycles
until the actions specified in paragraph
(j)(2)(ii) of this AD are done.
(ii) At the next MLG overhaul but no later
than 12,000 flight cycles after the effective
date of this AD, rework and re-identify the
DSU as P/N 200261003, 200485003, or
200684003, as applicable, in accordance with
the applicable service bulletin.
(3) If any crack is detected and the crack
signal indication of any DSU tube is greater
than or equal to 80 percent, before further
flight, replace the DSU with a re-identified
DSU having P/N 200261004, 200485004,
200684004, 200261003, 200485003, or
200684003, in accordance with the
applicable service bulletin.
(4) If any crack is detected and the crack
signal indication of any DSU tube is greater
than zero percent but less than 80 percent,
do the actions specified in paragraphs (j)(4)(i)
and (j)(4)(ii) of this AD.
(i) Repeat the ultrasonic inspection
required by paragraph (j) of this AD thereafter
at intervals not to exceed 1,500 flight cycles
until the actions specified in paragraph
(j)(4)(ii) of this AD are done.
(ii) At the next MLG overhaul but no later
than 12,000 flight cycles after the effective
date of this AD, replace the DSU with a DSU
having P/N 200261004, 200485004,
200684004, 200261003, 200485003, or
200684003, in accordance with the
applicable service bulletin.
Parts Installation
(k) As of the effective date of this AD, no
person may install a MLG DSU, P/N
200261001, 200261002, 200485001,
200485002, 200684001, or 200684002, on any
airplane, except as specified in paragraph (i)
of this AD.
Alternative Methods of Compliance
(AMOCs)
(l)(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 § 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
(m) Dutch airworthiness directive NL–
2005–003, dated April 29, 2005, also
addresses the subject of this AD.
Material Incorporated by Reference
(n) You must use the applicable service
bulletin listed in Table 1 of this AD to
perform the actions that are required by this
AD, unless the AD specifies otherwise.
TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
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Service Bulletin
Revision
level
Dowty Aerospace Landing Gear Service Bulletin 32–169B, Revision 2, including Appendix A, dated July
29, 1994, and including Appendix B, Revision 1, dated November 10, 1993.
Dowty Aerospace Landing Gear Service Bulletin 32–82W, Revision 2, including Appendix A, dated July 29,
1994, and including Appendix B, Revision 1, dated November 10, 1993.
Fokker Service Bulletin F27/32–171 .................................................................................................................
2 ..................
July 29, 1994.
2 ..................
July 29, 1994.
Original ........
December 16,
2004.
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Date
71478
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Dowty Aerospace Landing Gear Service
Bulletin 32–169B, Revision 2, including
Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated
November 10, 1993, contains the following
effective pages:
Page No.
Revision
level
shown on
page
1 .............
2, 3 .........
2 ...............
Original ....
4 .............
1 ...............
Date shown on
page
Issued in Renton, Washington, on
November 24, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–20861 Filed 12–8–06; 8:45 am]
BILLING CODE 4910–13–P
July 29, 1994.
September 10,
1993.
November 10,
1993.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Appendix A
14 CFR Part 39
1, 5, 7 .....
2, 6 .........
2 ...............
Original ....
3, 4 .........
1 ...............
July 29, 1994.
September 10,
1993.
November 10,
1993.
[Docket No. FAA–2006–26400; Directorate
Identifier 2006–CE–71–AD; Amendment 39–
14948; AD 2006–25–08]
RIN 2120–AA64
Appendix B
1–5 .........
1 ...............
Airworthiness Directives; Columbia
Aircraft Manufacturing Models LC41–
550FG and LC42–550FG Airplanes
November 10,
1993.
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
Dowty Aerospace Landing Gear Service
Bulletin 32–82W, Revision 2, including
Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated
November 10, 1993, contains the following
effective pages:
Page No.
Revision
level
shown on
page
1 .............
2, 3 .........
2 ...............
Original ....
4 .............
1 ...............
Date shown on
page
July 29, 1994
September 10,
1993.
November 10,
1993.
Appendix A
1, 5, 7 .....
2, 6 .........
2 ...............
Original ....
3, 4 .........
1 ...............
July 29, 1994.
September 10,
1993.
November 10,
1993.
Appendix B
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1–5 .........
1 ...............
November 10,
1993.
The Director of the Federal Register
approved the incorporation by reference of
these documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact Fokker
Services B.V., P.O. Box 231, 2150 AE NieuwVennep, the Netherlands, for a copy of this
service information. You may review copies
at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
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SUMMARY: The FAA is adopting a new
Airworthiness Directive (AD) for all
Columbia Aircraft Manufacturing
(previously The Lancair Company)
Models LC41–550FG and LC42–550FG
airplanes equipped with Kelly
Aerospace Thermal Systems
Supplemental Type Certificate (STC)
SA02260CH, Thermawing Deice System
(also known as E-Vade). This AD
requires you to deactivate the deice
system and install a placard in clear
view of the pilot. This AD results from
problems with the installation of the
Kelly Aerospace Thermal Systems
Thermawing Deice System following
STC SA02260CH. We are issuing this
AD to prevent a short circuit condition
at the deice heater connector, which
could result in damage to the wings and
horizontal stabilizer. This damage could
lead to reduced structural integrity of
the airplane.
DATES: This AD becomes effective on
December 21, 2006.
As of December 21, 2006, the Director
of the Federal Register approved the
incorporation by reference of certain
publications listed in the regulation.
We must receive any comments on
this AD by February 9, 2007.
ADDRESSES: Use one of the following
addresses to comment on this AD.
• DOT Docket Web site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
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• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
To get the service information
identified in this AD, contact Kelly
Aerospace Thermal Systems, 1625 Lost
Nation Road, Willoughby, Ohio 44094;
telephone: (440) 951–4744; fax: (440)
951–4725.
To view the comments to this AD, go
to https://dms.dot.gov. The docket
number is FAA–2006–26400;
Directorate Identifier 2006–CE–71–AD.
FOR FURTHER INFORMATION CONTACT: Roy
Boffo, Aerospace Engineer, FAA,
Chicago Aircraft Certification Office,
2300 E. Devon Avenue, Room 107, Des
Plaines, IL 60018; telephone: (847) 294–
7564; fax: (847) 294–7834.
SUPPLEMENTARY INFORMATION:
Discussion
We received reports of problems with
the installation of the Kelly Aerospace
Thermal Systems Thermawing Deice
System (also known as E-Vade) on
Columbia Aircraft Manufacturing
Models LC41–550FG and LC42–550FG
airplanes following Supplemental Type
Certificate (STC) SA02260CH.
A short circuit condition at the deice
heater connector to the copper mesh
material imbedded in the composite
airplane structure (for lightning
protection) caused burning of the wings
and horizontal stabilizer, which created
holes in the structure.
The short circuit was caused by
insufficient removal of copper mesh
when the deice heater connectors were
installed.
This condition, if not corrected, could
cause damage to the wings and
horizontal stabilizer resulting in
reduced structural integrity of the
airplane.
Relevant Service Information
We reviewed Kelly Aerospace
Thermal Systems Service Letter Bulletin
No. SL–06–001, Issue Date: November
15, 2006. The service information
describes procedures for disabling the
E–Vade system.
E:\FR\FM\11DER1.SGM
11DER1
]]>Agencies
[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Rules and Regulations]
[Pages 71475-71478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20861]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25086; Directorate Identifier 2006-NM-019-AD;
Amendment 39-14847; AD 2006-25-06]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F27 Mark 500 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Fokker Model F27 Mark 500 airplanes. This AD requires an inspection to
determine whether certain main landing gear (MLG) drag stay units
(DSUs) are installed. This AD also requires an ultrasonic inspection to
determine if certain tubes are installed in the affected DSUs of the
MLG, and related investigative/corrective actions if necessary. This AD
results from a report that, due to fatigue cracking from an improperly
machined radius of the inner tube, a drag stay broke, and,
consequently, led to the collapse of the MLG during landing. We are
issuing this AD to prevent such fatigue cracking, which could result in
reduced structural integrity or collapse of the MLG.
DATES: This AD becomes effective January 16, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 16,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
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., 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, FAA, Transport Airplane Directorate,
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 https://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 F27
Mark 500 airplanes. That NPRM was published in the Federal Register on
June 21, 2006 (71 FR 35572). That NPRM proposed to require an
inspection to determine whether certain main landing gear (MLG) drag
stay units (DSUs) are installed. That NPRM also proposed to require an
ultrasonic inspection to determine if certain tubes are installed in
the affected DSUs of the MLG, and related investigative/corrective
actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.
Request To Change Incorporation of Certain Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, airworthiness directives are based on service
information originating with the type certificate holder or its
suppliers. MARPA adds that manufacturer service documents are privately
authored instruments generally having copyright protection against
duplication and distribution. MARPA notes that when a service document
is incorporated by reference into a public document, such as an
airworthiness directive, it loses its private, protected status and
becomes a public document. MARPA adds that if a service document is
used as a mandatory element of compliance, it should not simply be
referenced, but should be incorporated into the regulatory document; by
definition, public laws must be public, which means they cannot rely
upon private writings.
MARPA adds that incorporated by reference service documents should
be made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the
concept of brevity is now nearly archaic as documents exist more
frequently in electronic format than on paper. Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument,
and published in the DMS.
[[Page 71476]]
We do not agree that documents should be incorporated by reference
during the NPRM phase of rulemaking. 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 requirements mandated
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.
In regard to the commenter's request that service documents be made
available to the public by publication in the Federal Register, we
agree that incorporation by reference was authorized to reduce the
volume of material published in the Federal Register and the Code of
Federal Regulations. However, as specified in the Federal Register
Document Drafting Handbook, the Director of the OFR decides when an
agency may incorporate material by reference. As the commenter is
aware, the OFR files documents for public inspection on the workday
before the date of publication of the rule at its office in Washington,
DC. As stated in the Federal Register Document Drafting Handbook, when
documents are filed for public inspection, anyone may inspect or copy
file documents during the OFR's hours of business. Further questions
regarding publication of documents in the Federal Register or
incorporation by reference should be directed to the OFR.
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.
Conclusion
We have carefully reviewed the available data, including the
comment 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Cost per registered Fleet cost
rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection......................................................... 2 $80 $160 7 $1,120
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-25-06 Fokker Services B.V.: Amendment 39-14847. Docket No. FAA-
2006-25086; Directorate Identifier 2006-NM-019-AD.
Effective Date
(a) This AD becomes effective January 16, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Fokker Model F27 Mark 500 airplanes,
certificated in any category.
Unsafe Condition
(d) This AD results from a report that, due to fatigue cracking
from an improperly machined radius of the inner tube, a drag stay
broke, and, consequently, led to the collapse of the main landing
gear (MLG) during landing. We are issuing this AD to prevent such
fatigue cracking, which could result in reduced structural integrity
or collapse of the MLG.
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.
[[Page 71477]]
Inspections of the Drag Stay Units
(f) Within 60 days after the effective date of this AD: Inspect
the MLG drag stay units (DSUs) to determine whether Dowty Aerospace
is the manufacturer and, before further flight, inspect Dowty
Aerospace MLG DSUs to determine whether part number (P/N) 200261001,
200261002, 200485001, 200485002, 200684001, or 200684002 is
installed. A review of the airplane maintenance records is
acceptable in lieu of these inspections if the manufacturer and the
part number of the MLG DSU can be conclusively determined from that
review. For airplanes equipped with MLG DSUs other than Dowty
Aerospace MLG DSUs, and for airplanes equipped with Dowty Aerospace
MLG DSUs having part numbers other than P/N 200261001, 200261002,
200485001, 200485002, 200684001, and 200684002, no further action is
required by this AD, except as specified in paragraph (k) of this
AD.
(g) For airplanes equipped with DSUs having P/N 200261001,
200485001, or 200684001: Within 60 days after the effective date of
this AD, perform an ultrasonic inspection to determine if a tube
having P/N 200485300 with a straight bore, or a tube having P/N
200259300 with a change in section (stepped bore), is installed on
the DSUs of the MLG, in accordance with the Accomplishment
Instructions of Fokker Service Bulletin F27/32-171, dated December
16, 2004.
Note 1: Fokker Service Bulletin F27/32-171, dated December 16,
2004, refers to Dowty Aerospace Landing Gear Service Bulletin 32-
82W, Revision 2, including Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated November 10, 1993; and Dowty
Aerospace Landing Gear Service Bulletin 32-169B, Revision 2,
including Appendix A, dated July 29, 1994, and including Appendix B,
Revision 1, dated November 10, 1993; as applicable, as appropriate
sources of service information for inspecting MLG DSUs.
(h) If any tube having P/N 200485300 with a straight bore is
found installed during the inspection required by paragraph (g) of
this AD: Before further flight, re-identify the DSU with P/N
200261004, 200485004, or 200684004, in accordance with the
Accomplishment Instructions of Dowty Aerospace Landing Gear Service
Bulletin 32-82W, Revision 2, including Appendix A, dated July 29,
1994, and including Appendix B, Revision 1, dated November 10, 1993;
or Dowty Aerospace Landing Gear Service Bulletin 32-169B, Revision
2, including Appendix A, dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993; as applicable. After re-
identifying the DSU, no further action is required by this AD for
that DSU; however airplanes are still subject to the requirements
specified in paragraph (k) of this AD.
(i) If any tube having P/N 200259300 with a change in section
(stepped bore) is found installed during the inspection required by
paragraph (g) of this AD: Before further flight, re-identify the DSU
in accordance with paragraphs 2.A.(4)(a) and 2.A.(4)(b) of the
Accomplishment Instructions of Dowty Aerospace Landing Gear Service
Bulletin 32-82W, Revision 2, including Appendix A, dated July 29,
1994, and including Appendix B, Revision 1, dated November 10, 1993;
or Dowty Aerospace Landing Gear Service Bulletin 32-169B, Revision
2, including Appendix A, dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993; as applicable. Following
accomplishment of the re-identification, before further flight, do
the inspection specified in paragraph (j) of this AD.
Ultrasonic Inspection for Cracking
(j) For airplanes equipped with re-identified DSUs having P/N
200261002, 200485002, 200684002, 200261003, 200485003, or 200684003:
Within 60 days after the effective date of this AD, perform an
ultrasonic inspection to detect cracking in the re-identified DSUs,
in accordance with the Accomplishment Instructions of Dowty
Aerospace Landing Gear Service Bulletin 32-82W, Revision 2,
including Appendix A, dated July 29, 1994, and including Appendix B,
Revision 1, dated November 10, 1993; or Dowty Aerospace Landing Gear
Service Bulletin 32-169B, Revision 2, including Appendix A, dated
July 29, 1994, and including Appendix B, Revision 1, dated November
10, 1993; as applicable.
(1) For airplanes equipped with any DSU re-identified as P/N
200684003, 200261003, or 200485003: If no crack is detected, no
further action is required by this AD for that DSU; however
airplanes are still subject to the requirements specified in
paragraph (k) of this AD.
(2) For airplanes equipped with any DSU re-identified as P/N
200684002, 200261002, or 200485002: If no crack is detected, do the
actions specified in paragraphs (j)(2)(i) and (j)(2)(ii) of this AD.
(i) Repeat the ultrasonic inspection required by paragraph (j)
of this AD thereafter at intervals not to exceed 1,500 flight cycles
until the actions specified in paragraph (j)(2)(ii) of this AD are
done.
(ii) At the next MLG overhaul but no later than 12,000 flight
cycles after the effective date of this AD, rework and re-identify
the DSU as P/N 200261003, 200485003, or 200684003, as applicable, in
accordance with the applicable service bulletin.
(3) If any crack is detected and the crack signal indication of
any DSU tube is greater than or equal to 80 percent, before further
flight, replace the DSU with a re-identified DSU having P/N
200261004, 200485004, 200684004, 200261003, 200485003, or 200684003,
in accordance with the applicable service bulletin.
(4) If any crack is detected and the crack signal indication of
any DSU tube is greater than zero percent but less than 80 percent,
do the actions specified in paragraphs (j)(4)(i) and (j)(4)(ii) of
this AD.
(i) Repeat the ultrasonic inspection required by paragraph (j)
of this AD thereafter at intervals not to exceed 1,500 flight cycles
until the actions specified in paragraph (j)(4)(ii) of this AD are
done.
(ii) At the next MLG overhaul but no later than 12,000 flight
cycles after the effective date of this AD, replace the DSU with a
DSU having P/N 200261004, 200485004, 200684004, 200261003,
200485003, or 200684003, in accordance with the applicable service
bulletin.
Parts Installation
(k) As of the effective date of this AD, no person may install a
MLG DSU, P/N 200261001, 200261002, 200485001, 200485002, 200684001,
or 200684002, on any airplane, except as specified in paragraph (i)
of this AD.
Alternative Methods of Compliance (AMOCs)
(l)(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
(m) Dutch airworthiness directive NL-2005-003, dated April 29,
2005, also addresses the subject of this AD.
Material Incorporated by Reference
(n) You must use the applicable service bulletin listed in Table
1 of this AD to perform the actions that are required by this AD,
unless the AD specifies otherwise.
Table 1.--Material Incorporated by Reference
------------------------------------------------------------------------
Service Bulletin Revision level Date
------------------------------------------------------------------------
Dowty Aerospace Landing Gear 2............... July 29, 1994.
Service Bulletin 32-169B,
Revision 2, including
Appendix A, dated July 29,
1994, and including
Appendix B, Revision 1,
dated November 10, 1993.
Dowty Aerospace Landing Gear 2............... July 29, 1994.
Service Bulletin 32-82W,
Revision 2, including
Appendix A, dated July 29,
1994, and including
Appendix B, Revision 1,
dated November 10, 1993.
Fokker Service Bulletin F27/ Original........ December 16, 2004.
32-171.
------------------------------------------------------------------------
[[Page 71478]]
Dowty Aerospace Landing Gear Service Bulletin 32-169B, Revision
2, including Appendix A, dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993, contains the following
effective pages:
------------------------------------------------------------------------
Revision level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1............................ 2............. July 29, 1994.
2, 3......................... Original...... September 10, 1993.
4............................ 1............. November 10, 1993.
------------------------------------------------------------------------
Appendix A
------------------------------------------------------------------------
1, 5, 7...................... 2............. July 29, 1994.
2, 6......................... Original...... September 10, 1993.
3, 4......................... 1............. November 10, 1993.
------------------------------------------------------------------------
Appendix B
------------------------------------------------------------------------
1-5.......................... 1............. November 10, 1993.
------------------------------------------------------------------------
Dowty Aerospace Landing Gear Service Bulletin 32-82W, Revision
2, including Appendix A, dated July 29, 1994, and including Appendix
B, Revision 1, dated November 10, 1993, contains the following
effective pages:
------------------------------------------------------------------------
Revision level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1............................ 2............. July 29, 1994
2, 3......................... Original...... September 10, 1993.
4............................ 1............. November 10, 1993.
------------------------------------------------------------------------
Appendix A
------------------------------------------------------------------------
1, 5, 7...................... 2............. July 29, 1994.
2, 6......................... Original...... September 10, 1993.
3, 4......................... 1............. November 10, 1993.
------------------------------------------------------------------------
Appendix B
------------------------------------------------------------------------
1-5.......................... 1............. November 10, 1993.
------------------------------------------------------------------------
------------------------------------------------------------------------
The Director of the Federal Register approved the incorporation
by reference of these documents in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Contact Fokker Services B.V., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands, for a copy of this service
information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet
at https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on November 24, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-20861 Filed 12-8-06; 8:45 am]
BILLING CODE 4910-13-P
