AD 2010-02-12

4485 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations this AD constitutes terminating action for the requirements of this AD. (d) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Rotorcraft Directorate, Rotorcraft Certification Office, ATTN: DOT/FAA Southwest Region, Martin Crane, ASW–170, Aviation Safety Engineer, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222–5170, fax (817) 222–5783, for information about previously approved alternative methods of compliance. (e) Special flight permits will not be issued. (f) The Joint Aircraft System/Component (JASC) Code for the subject of this AD is Code 6210: Main rotor blades. (g) Inspect the blades by following the specified portions of the Phlight of Phancy Corp. Service Bulletin SB L3160–P–001, dated May 20, 2009. The Director of the Federal Register approved this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Phlight of Phancy Corp., 791 Westport Parkway, Fort Worth, Texas 76177–4511, telephone 817– 491–6755, fax 817–491–6759. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 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/ code _ of _ federal _ regulations/ ibr _ locations.html . (h) This amendment becomes effective on February 12, 2010. Issued in Fort Worth, Texas, on January 8, 2010. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2010–1157 Filed 1–27–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0793; Directorate Identifier 2009–NM–051–AD; Amendment 39–16183; AD 2010–02–12] RIN 2120–AA64 Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes AGENCY : Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION : Final rule. SUMMARY : We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Several cases have been reported where a passenger door actuator detached from the passenger door. This caused the passenger door to drop to the platform in an uncontrolled manner. This condition, if not corrected, could result in injury to persons on the ground and damage to the aircraft. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES : This AD becomes effective March 4, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 4, 2010. ADDRESSES : You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT : Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. SUPPLEMENTARY INFORMATION : Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on September 28, 2009 (74 FR 49349). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Several cases have been reported where a passenger door actuator detached from the passenger door. This caused the passenger door to drop to the platform in an uncontrolled manner. This condition, if not corrected, could result in injury to persons on the ground and damage to the aircraft. To address this problem, Fokker Services has developed an improved actuator to ensure the proper functioning of the door opening mechanism. For the reason described above, this AD requires the replacement of existing airstair door actuators with improved actuators. 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. Explanation of Changes Made to This AD We have revised this AD to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. Conclusion We reviewed the available data, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 2 products of U.S. registry. We also estimate that it will take about 12 work- hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $4,933 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $11,786, or $5,893 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of VerDate Nov<24>2008 14:06 Jan 27, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1 rmajette on DSK29S0YB1PROD with RULES

4486 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations 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 ■ Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES ■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new AD: 2010–02–12 Fokker Services B.V.: Amendment 39–16183. Docket No. FAA–2009–0793; Directorate Identifier 2009–NM–051–AD. Effective Date (a) This airworthiness directive (AD) becomes effective March 4, 2010. Affected ADs (b) None. Applicability (c) This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes, certificated in any category, all serial numbers, if equipped with an ‘‘ airstair ’’ type door with a passenger door actuator having part number (P/N) A26900–401, A82936– 701, A82936–705, R5320, R5320–1, R5320– 12, W26900–401, W53200–401, W53200– 403, or W53200–405. Subject (d) Air Transport Association (ATA) of America Code 52: Doors. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Several cases have been reported where a passenger door actuator detached from the passenger door. This caused the passenger door to drop to the platform in an uncontrolled manner. This condition, if not corrected, could result in injury to persons on the ground and damage to the aircraft. To address this problem, Fokker Services has developed an improved actuator to ensure the proper functioning of the door opening mechanism. For the reason described above, this AD requires the replacement of existing airstair door actuators with improved actuators. Actions and Compliance (f) Unless already done, do the following actions. (1) Within 7,500 flight cycles after the effective date of this AD, replace the affected door actuator with a new or modified unit that has a part number not identified in paragraph (c) of this AD, in accordance with Fokker Service Bulletin SBF100–52–087, dated November 10, 2008. (2) As of 18 months after the effective date of this AD, no person may install on any airplane a door actuator with a part number listed in paragraph (c) of this AD; modification of the actuators in accordance with Fokker Component Service Bulletin R5320–52–011, dated November 10, 2008, changes the part number of the actuator. FAA AD Differences Note 1: 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, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. (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 (44 U.S.C. 3501 et seq. ), 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 European Aviation Safety Agency Airworthiness Directive 2009– 0026, dated February 17, 2009; and Fokker Service Bulletin SBF100–52–087, dated November 10, 2008; for related information. Material Incorporated by Reference (i) You must use Fokker Service Bulletin SBF100–52–087, dated November 10, 2008, 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 of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the VerDate Nov<24>2008 14:06 Jan 27, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1 rmajette on DSK29S0YB1PROD with RULES

4487 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (4) You may also review copies of the service information that is incorporated by reference 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/ code _ of _ federal _ regulations/ ibr _ locations.html. Issued in Renton, Washington, on January 14, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–1288 Filed 1–27–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 97 [Docket No. 30706; Amdt. No. 3357] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule. SUMMARY : This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES : This rule is effective January 28, 2010. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 28, 2010. ADDRESSES : Availability of matter incorporated by reference in the amendment is as follows: For Examination — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or 4. 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/code _ of _ federal _ regulations/ibr _ locations.html . Availability —All SIAPs are available online free of charge. Visit nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT : Harry J. Hodges, Flight Procedure Standards Branch (AFS–420) Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION : This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P–NOTAM), and is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of Title 14 of the Code of Federal Regulations. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAP and the corresponding effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P–NOTAMs. The SIAPs, as modified by FDC P–NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (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) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (air). VerDate Nov<24>2008 14:06 Jan 27, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1 rmajette on DSK29S0YB1PROD with RULES