Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes, 78107-78109 [E6-22279]
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Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Proposed Rules
Related Information
(i) European Aviation Safety Agency
(EASA) airworthiness directive 2006–0184,
dated July 3, 2006, also addresses the subject
of this AD.
Issued in Renton, Washington, on
December 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–22280 Filed 12–27–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25391; Directorate
Identifier 2006–NM–097–AD]
RIN 2120–AA64
Airworthiness Directives; Fokker
Model F.28 Mark 0070 and 0100
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
cprice-sewell on PROD1PC66 with PROPOSALS
Comments Invited
The FAA is revising an earlier
NPRM for an airworthiness directive
(AD) that applies to certain Fokker
Model F.28 Mark 0070 and 0100
airplanes. The original NPRM would
have superseded an existing AD that
currently requires a one-time inspection
of the sliding members in the main
landing gear (MLG) for cracking and
replacement of the sliding members
with serviceable parts if necessary. The
original NPRM proposed to require
repetitive magnetic particle inspections
of the sliding members of the MLG for
cracking and corrective actions as
necessary. The original NPRM resulted
from inspection findings that have
shown repetitive inspections are needed
to establish fleet safety. This new action
revises the original NPRM by correcting
a certain part number in the
applicability. We are proposing this
supplemental NPRM to detect and
correct fatigue cracking of the sliding
member, which could result in possible
separation of the MLG from the airplane
and consequent reduced controllability
of the airplane upon landing and
possible injury to passengers.
DATES: We must receive comments on
this supplemental NPRM by January 22,
2007.
SUMMARY:
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Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• 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.
• 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.
Contact Fokker Services B.V.,
Technical Services Dept., P.O. Box 231,
2150 AE Nieuw-Vennep, the
Netherlands, for service information
identified in this proposed 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:
ADDRESSES:
We invite you to submit any relevant
written data, views, or arguments
regarding this proposal. Send your
comments to an address listed in the
ADDRESSES section. Include the docket
number ‘‘Docket No. FAA–2006–25391;
Directorate Identifier 2006–NM–097–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this supplemental NPRM. We will
consider all comments received by the
closing date and may amend this
supplemental NPRM in light of those
comments.
We will post all comments submitted,
without change, to https://dms.dot.gov,
including any personal information you
provide. We will also post a report
summarizing each substantive verbal
contact with FAA personnel concerning
this proposed AD. Using the search
function of that Web site, anyone can
find and read the comments in any of
our dockets, including the name of the
individual who sent the comment (or
signed the comment on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
PO 00000
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Fmt 4702
Sfmt 4702
78107
(65 FR 19477–78), or you may visit
https://dms.dot.gov.
Examining the Docket
You may examine the 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 DOT
street address stated in ADDRESSES.
Comments will be available in the AD
docket shortly after the Docket
Management System receives them.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) (the ‘‘original
NPRM’’) to amend 14 CFR part 39 to
include an AD that supersedes AD
2004–08–01, amendment 39–13570 (69
FR 19759, April 14, 2004). The existing
AD applies to certain Fokker Model F.28
Mark 0070 and 0100 airplanes. The
original NPRM was published in the
Federal Register on July 19, 2006 (71 FR
40945). The original NPRM proposed to
continue to require a one-time
inspection of the sliding members in the
main landing gear (MLG) for cracking
and replacement of the sliding members
with serviceable parts if necessary. That
NPRM also proposed to require
repetitive magnetic particle inspections
of the sliding members of the MLG for
cracking and corrective actions as
necessary.
Actions Since Original NPRM Was
Issued
Since we issued the original NPRM,
we have discovered a typographical
error in the applicability of AD 2004–
08–01 and the original NPRM. Table 1
of AD 2004–08–01 and the original
NPRM incorrectly identified MLG part
number (P/N) 201012014. We have
revised Table 1 of the supplemental
NPRM to refer to P/N 201072014.
Comments
We have considered the following
comment on the original NPRM.
Request To Publish Service Information
The Modification and Replacement
Parts Association (MARPA) states that,
typically, ADs 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
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78108
Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Proposed Rules
reference into a public document, such
as an AD, 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.
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. A final rule incorporates
by reference the documents necessary
for the accomplishment of the
requirements mandated by the 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
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to obtain copies of the referenced
service information.
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 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 supplemental
NPRM is necessary in response to this
comment.
FAA’s Determination and Proposed
Requirements of the Supplemental
NPRM
The change discussed above expands
the scope of the original NPRM;
therefore, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
public comment on this supplemental
NPRM.
Costs of Compliance
This proposed AD would affect about
37 airplanes of U.S. registry.
The inspection that is required by AD
2004–08–01 and retained in this
proposed AD takes either about 4 or 12
work hours per airplane, depending on
airplane configuration, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the currently required actions is either
$320 or $960 per airplane, depending on
airplane configuration.
The new proposed inspections would
take about 2 work hours per airplane, at
an average labor rate of $80 per work
hour. Based on these figures, the
estimated cost of the new inspections
specified in this proposed AD for U.S.
operators is $5,920, or $160 per
airplane, per inspection cycle.
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
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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
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this supplemental NPRM 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, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–13570 (69
FR 19759, April 14, 2004) and adding
the following new airworthiness
directive (AD):
Fokker Services B.V.: Docket No. FAA–
2006–25391; Directorate Identifier 2006–
NM–097–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 22, 2007.
Affected ADs
(b) This AD supersedes AD 2004–08–01.
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Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Proposed Rules
TABLE 1.—AFFECTED PARTS
201072011
201072012
201072013
201072014
201072015
201072016
Equipped with sliding
member P/N
........
........
........
........
........
........
201072301
201072301
201072301
201072301
201072301
201072301
or
or
or
or
or
or
201072305
201072305
201072305
201072305
201072305
201072305
Unsafe Condition
(d) This AD results from inspection
findings that have shown repetitive
inspections are needed to establish fleet
safety. We are issuing this AD to detect and
correct fatigue cracking of the sliding
member, which could result in possible
separation of the MLG from the airplane and
consequent reduced controllability of the
airplane upon landing and possible injury to
passengers.
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.
Requirements of AD 2004–08–01
cprice-sewell on PROD1PC66 with PROPOSALS
Inspection and Replacement if Necessary
(f) Within 1,000 flight cycles or six months
after May 19, 2004 (the effective date of AD
2004–08–01), whichever occurs first, perform
a magnetic inspection of the sliding members
of the MLG for cracking, in accordance with
the Accomplishment Instructions of Fokker
Service Bulletin SBF100–32–133, dated April
1, 2002. If any crack is found during the
inspection, before further flight, replace the
sliding members with serviceable parts in
accordance with the Accomplishment
Instructions of the service bulletin.
Note 1: Fokker Service Bulletin SBF100–
32–133, dated April 1, 2002, refers to
Messier-Dowty Service Bulletin F100–32–
103, dated March 11, 2002, as an additional
source of service information.
Parts Installation With Accomplishment of
New Service Bulletins
(g) As of May 19, 2004, no person may
install a sliding member of the MLG, P/N
201072301 or P/N 201072305, on any
airplane, unless it has been inspected in
accordance with the Accomplishment
Instructions of Fokker Service Bulletin
SBF100–32–133, dated April 1, 2002; Fokker
Service Bulletin SBF100–32–139, dated
March 5, 2004; or Fokker Service Bulletin
SBF100–32–144, dated September 19, 2005;
and found to be serviceable.
Note 2: Fokker Service Bulletin SBF100–
32–139, dated March 5, 2004, refers to
Messier-Dowty Service Bulletin F100–32–
105, dated March 2, 2004, as an additional
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Jkt 211001
source of service information for
accomplishing a magnetic inspection.
DEPARTMENT OF TRANSPORTATION
Note 3: Fokker Service Bulletin SBF100–
32–144, dated September 19, 2005, refers to
Messier-Dowty Service Bulletin F100–32–
110, dated August 25, 2005, as an additional
source of service information for
accomplishing a magnetic inspection.
Federal Highway Administration
Reporting Requirement Difference
Applicability
(c) This AD applies to Fokker Model F.28
Mark 0070 and 0100 airplanes, certificated in
any category; equipped with any Dowty or
Messier-Dowty main landing gear (MLG)
listed in Table 1 of this AD.
MLG part
number (P/N)
78109
Projects of National and Regional
Significance Evaluation and Rating
(h) Although Fokker Service Bulletin
SBF100–32–133, dated April 1, 2002,
specifies to submit certain information to the
manufacturer, this AD does not include such
a requirement.
New Requirements of This AD
Repetitive Inspections
(i) At the later of the compliance times
specified in paragraphs (i)(1) and (i)(2) of this
AD: Do a magnetic inspection of the sliding
members of the left and right MLG for
cracking, and do all corrective actions before
further flight after the inspection, by
accomplishing all of the applicable actions
specified in the Accomplishment
Instructions of Fokker Service Bulletin
SBF100–32–144, dated September 19, 2005.
Repeat the inspection thereafter at intervals
not to exceed 2,000 flight cycles.
(1) Within 2,000 flight cycles after
accomplishing paragraph (f) of this AD.
(2) Within 4 months after the effective date
of this AD.
Credit for Fokker Service Bulletin SBF100–
32–139
(j) Actions done before the effective date of
this AD in accordance with Fokker Service
Bulletin SBF100–32–139, dated March 5,
2004, are acceptable for compliance with the
corresponding requirements of paragraph (f)
of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(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
(l) Dutch airworthiness directive NL–2005–
012, dated October 17, 2005, also addresses
the subject of this AD.
Issued in Renton, Washington, on
December 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–22279 Filed 12–27–06; 8:45 am]
BILLING CODE 4910–13–P
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23 CFR Part 505
[FHWA Docket No. FHWA–05–23393]
RIN 2125–AF08
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); reopening of comment period.
AGENCY:
SUMMARY: The FHWA is reopening the
comment period for the notice of
proposed rulemaking (NPRM) and
request for comments, which was
published on July 24, 2006, at 71 FR
41748. That NPRM proposed to
establish the required evaluation and
rating guidelines for projects proposed
under the Projects of National and
Regional Significance (PNRS) program.
The original comment period closed on
September 22, 2006. The extension is
based on the desire of the FHWA to
receive the fullest and most
comprehensive comments possible from
the broadest group of stakeholders.
During the initial analysis of comments
the FHWA recognized that a number of
subject areas were not commented
upon, and significant segments of the
transportation stakeholder community
did not respond. The FHWA believes
that those interested in commenting on
this important program may not have
had the opportunity to provide
comments and that the comment period
should be reopened. Therefore, the
comment period is being reopened until
February 9, 2007, which will provide
those interested in commenting
additional time to discuss, evaluate, and
submit responses to the docket.
DATES: Comments must be received on
or before February 9, 2007.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, Room PL–401, 400 Seventh
Street, SW., Washington, DC 20590, or
submit electronically at https://
dmses.dot.gov/submit or fax comments
to (202) 366–7909. All comments should
include the docket number that appears
in the heading of this document. All
comments received will be available for
examination at the above address from
9 a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays. Those
desiring notification of receipt of
comments must include a selfaddressed, stamped postcard or print
the acknowledgement page that appears
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]]>Agencies
[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Proposed Rules]
[Pages 78107-78109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22279]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain Fokker Model F.28 Mark 0070 and
0100 airplanes. The original NPRM would have superseded an existing AD
that currently requires a one-time inspection of the sliding members in
the main landing gear (MLG) for cracking and replacement of the sliding
members with serviceable parts if necessary. The original NPRM proposed
to require repetitive magnetic particle inspections of the sliding
members of the MLG for cracking and corrective actions as necessary.
The original NPRM resulted from inspection findings that have shown
repetitive inspections are needed to establish fleet safety. This new
action revises the original NPRM by correcting a certain part number in
the applicability. We are proposing this supplemental NPRM to detect
and correct fatigue cracking of the sliding member, which could result
in possible separation of the MLG from the airplane and consequent
reduced controllability of the airplane upon landing and possible
injury to passengers.
DATES: We must receive comments on this supplemental NPRM by January
22, 2007.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
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.
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.
Contact Fokker Services B.V., Technical Services Dept., P.O. Box
231, 2150 AE Nieuw-Vennep, the Netherlands, for service information
identified in this proposed 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:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposal. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``Docket No.
FAA-2006-25391; Directorate Identifier 2006-NM-097-AD'' at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit https://dms.dot.gov.
Examining the Docket
You may examine the 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 DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) (the
``original NPRM'') to amend 14 CFR part 39 to include an AD that
supersedes AD 2004-08-01, amendment 39-13570 (69 FR 19759, April 14,
2004). The existing AD applies to certain Fokker Model F.28 Mark 0070
and 0100 airplanes. The original NPRM was published in the Federal
Register on July 19, 2006 (71 FR 40945). The original NPRM proposed to
continue to require a one-time inspection of the sliding members in the
main landing gear (MLG) for cracking and replacement of the sliding
members with serviceable parts if necessary. That NPRM also proposed to
require repetitive magnetic particle inspections of the sliding members
of the MLG for cracking and corrective actions as necessary.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, we have discovered a
typographical error in the applicability of AD 2004-08-01 and the
original NPRM. Table 1 of AD 2004-08-01 and the original NPRM
incorrectly identified MLG part number (P/N) 201012014. We have revised
Table 1 of the supplemental NPRM to refer to P/N 201072014.
Comments
We have considered the following comment on the original NPRM.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs 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
[[Page 78108]]
reference into a public document, such as an AD, 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.
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. A final rule incorporates by reference the
documents necessary for the accomplishment of the requirements mandated
by the 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 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 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
supplemental NPRM is necessary in response to this comment.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The change discussed above expands the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Costs of Compliance
This proposed AD would affect about 37 airplanes of U.S. registry.
The inspection that is required by AD 2004-08-01 and retained in
this proposed AD takes either about 4 or 12 work hours per airplane,
depending on airplane configuration, at an average labor rate of $80
per work hour. Based on these figures, the estimated cost of the
currently required actions is either $320 or $960 per airplane,
depending on airplane configuration.
The new proposed inspections would take about 2 work hours per
airplane, at an average labor rate of $80 per work hour. Based on these
figures, the estimated cost of the new inspections specified in this
proposed AD for U.S. operators is $5,920, or $160 per airplane, per
inspection cycle.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-13570 (69 FR 19759, April 14, 2004) and adding
the following new airworthiness directive (AD):
Fokker Services B.V.: Docket No. FAA-2006-25391; Directorate
Identifier 2006-NM-097-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
22, 2007.
Affected ADs
(b) This AD supersedes AD 2004-08-01.
[[Page 78109]]
Applicability
(c) This AD applies to Fokker Model F.28 Mark 0070 and 0100
airplanes, certificated in any category; equipped with any Dowty or
Messier-Dowty main landing gear (MLG) listed in Table 1 of this AD.
Table 1.--Affected Parts
------------------------------------------------------------------------
Equipped with sliding
MLG part number (P/N) member P/N
------------------------------------------------------------------------
201072011.................................... 201072301 or 201072305
201072012.................................... 201072301 or 201072305
201072013.................................... 201072301 or 201072305
201072014.................................... 201072301 or 201072305
201072015.................................... 201072301 or 201072305
201072016.................................... 201072301 or 201072305
------------------------------------------------------------------------
Unsafe Condition
(d) This AD results from inspection findings that have shown
repetitive inspections are needed to establish fleet safety. We are
issuing this AD to detect and correct fatigue cracking of the
sliding member, which could result in possible separation of the MLG
from the airplane and consequent reduced controllability of the
airplane upon landing and possible injury to passengers.
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.
Requirements of AD 2004-08-01
Inspection and Replacement if Necessary
(f) Within 1,000 flight cycles or six months after May 19, 2004
(the effective date of AD 2004-08-01), whichever occurs first,
perform a magnetic inspection of the sliding members of the MLG for
cracking, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-32-133, dated April 1, 2002. If any
crack is found during the inspection, before further flight, replace
the sliding members with serviceable parts in accordance with the
Accomplishment Instructions of the service bulletin.
Note 1: Fokker Service Bulletin SBF100-32-133, dated April 1,
2002, refers to Messier-Dowty Service Bulletin F100-32-103, dated
March 11, 2002, as an additional source of service information.
Parts Installation With Accomplishment of New Service Bulletins
(g) As of May 19, 2004, no person may install a sliding member
of the MLG, P/N 201072301 or P/N 201072305, on any airplane, unless
it has been inspected in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF100-32-133, dated April
1, 2002; Fokker Service Bulletin SBF100-32-139, dated March 5, 2004;
or Fokker Service Bulletin SBF100-32-144, dated September 19, 2005;
and found to be serviceable.
Note 2: Fokker Service Bulletin SBF100-32-139, dated March 5,
2004, refers to Messier-Dowty Service Bulletin F100-32-105, dated
March 2, 2004, as an additional source of service information for
accomplishing a magnetic inspection.
Note 3: Fokker Service Bulletin SBF100-32-144, dated September
19, 2005, refers to Messier-Dowty Service Bulletin F100-32-110,
dated August 25, 2005, as an additional source of service
information for accomplishing a magnetic inspection.
Reporting Requirement Difference
(h) Although Fokker Service Bulletin SBF100-32-133, dated April
1, 2002, specifies to submit certain information to the
manufacturer, this AD does not include such a requirement.
New Requirements of This AD
Repetitive Inspections
(i) At the later of the compliance times specified in paragraphs
(i)(1) and (i)(2) of this AD: Do a magnetic inspection of the
sliding members of the left and right MLG for cracking, and do all
corrective actions before further flight after the inspection, by
accomplishing all of the applicable actions specified in the
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
144, dated September 19, 2005. Repeat the inspection thereafter at
intervals not to exceed 2,000 flight cycles.
(1) Within 2,000 flight cycles after accomplishing paragraph (f)
of this AD.
(2) Within 4 months after the effective date of this AD.
Credit for Fokker Service Bulletin SBF100-32-139
(j) Actions done before the effective date of this AD in
accordance with Fokker Service Bulletin SBF100-32-139, dated March
5, 2004, are acceptable for compliance with the corresponding
requirements of paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(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
(l) Dutch airworthiness directive NL-2005-012, dated October 17,
2005, also addresses the subject of this AD.
Issued in Renton, Washington, on December 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-22279 Filed 12-27-06; 8:45 am]
BILLING CODE 4910-13-P
