Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2009-0047, dated March 2, 2009 (referred to after this as "the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
During the walk around check on a Fokker 50 (F27 Mark 050) aeroplane, extensive damage was found on the left hand (LH) inner flap and nacelle. The damage had been caused by a broken fork of the inner flap outboard drive shaft. This resulted in asymmetric flap extension and interference between the flap and the nacelle. A metallurgical investigation showed that the fork end failed in a fatigue mode. Most probably the failure was caused by the "cyclic load'' as a result of regularly reaching the mechanical end stop position.
A review of the Aircraft Maintenance Manual (AMM) `end stop clearances check' for aeroplane in post-SBF50-27-030 configuration, revealed that this inspection procedure, to determine and correct the clearance between the end stop and the flap drive nut, may need some improvement, which is now being considered. Further investigation showed that this type of failure has occurred previously on other Fokker 50 aeroplanes, but only those modified in accordance with SBF50-27-030. A review of the experience with pre- mod SBF50-27-030 aeroplane indicated that no failures have been reported.
This condition, if not corrected, could lead to further cases of asymmetric flap extension, possibly resulting in loss of control of the aeroplane.
For the reasons described above, this EASA AD requires a one- time inspection of the clearance between the flap mechanical drive nut and the up and down stop and a non-destructive inspection of certain components, if abutments marks are present or when the up and/or down stop touches the drive nut after a full up or down selection in the hydraulic mode.Based on the above described failure scenario, the differences in the design properties and the positive experience, aeroplanes in pre-SBF50-27-030 configuration are not affected by this AD.
Corrective actions include readjusting the up-stop position if clearance between the flap mechanical drive nut and the up-and-down- stop is incorrect, and if any cracks are found during the non- destructive inspection, replacing the part with a serviceable part. You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Fokker has issued Service Bulletin SBF50-27-043, dated November 17, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of this AD
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
There are no products of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these products are placed on the U.S. Register in the future.
Differences Between the 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 FAA policies. Any such differences are highlighted in a note within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2009-0691; Directorate Identifier 2009-NM-061-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. "Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in "Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce.This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a "significant regulatory action'' under Executive Order 12866;
2. Is not a "significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluationof the estimated costs to comply with this AD and placed it in the AD docket.
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD: