[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3585-3587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1133]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-117-AD]
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark 0100
series airplanes. This proposal would require installation of
additional ``EXIT'' signs at the overwing emergency exits. This
proposal is prompted by a report indicating that the ``EXIT'' signs for
the overwing emergency exits, as currently installed, would not be
visible to passengers during an emergency evacuation when the emergency
exit doors are open. The actions specified by the proposed AD are
intended to ensure the ``EXIT'' signs for overwing emergency exits are
clearly visible during an evacuation.
DATES: Comments must be received by February 27, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-117-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2141; fax (206) 227-1320.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received. -
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report [[Page 3586]] summarizing each FAA-public contact
concerned with the substance of this proposal will be filed in the
Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 94-NM-117-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 94-NM-117-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Rijksluchtvaartdienst (RLD), which is the airworthiness
authority for the Netherlands, recently notified the FAA that an unsafe
condition may exist on certain Fokker Model F28 Mark 0100 series
airplanes. The RLD advises that the ``EXIT'' signs for the overwing
emergency exits are not installed next to the overwing emergency exits,
as required by section 25.811 (d)(2) of the Federal Aviation
Regulations (14 CFR 25.811), ``Emergency exit marking.'' These signs
are currently installed on the covers of the operating handles of the
left- and right-hand overwing emergency exits. In this configuration,
these signs are not visible when the emergency exit doors are opened
(i.e., during an evacuation). Consequently, these signs, as positioned,
do not fulfill the intent of the regulations, which is to ensure that
the signs are ``located next to the exit'' so that they are visible to
passengers in the event of an emergency evacuation. This condition, if
not corrected, could delay or impede the evacuation of passengers
during an emergency.
Fokker has issued Service Bulletin SBF100-33-015, Revision 1, dated
March 21, 1994, which describes procedures for installation of two
additional ``EXIT'' signs, one above and between the left-hand overwing
emergency exits, and one above and between the right-hand overwing
emergency exits. Accomplishment of this installation will ensure that
the exit signs are visible whenever the exit doors are open. The RLD
classified this service bulletin as mandatory and issued Netherlands
airworthiness directive BLA 93-147/2 (A), dated April 29, 1994, in
order to assure the continued airworthiness of these airplanes in the
Netherlands.
This airplane model is manufactured in the Netherlands and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the RLD has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
RLD, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require installation of two
additional ``EXIT'' signs, one above and between the left-hand overwing
emergency exits, and one above and between the right-hand overwing
emergency exits. The actions would be required to be accomplished in
accordance with the service bulletin described previously.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this requirement.
The FAA estimates that 20 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 71 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would cost
approximately $1,600 per airplane. Based on these figures, the total
cost impact of the proposed AD on U.S. operators is estimated to be
$117,200, or $5,860 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The regulations proposed herein would not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Fokker: Docket 94-NM-117-AD.
Applicability: Model F28 Mark 0100 series airplanes, serial
numbers 11244, 11245, 11248 through 11256 inclusive, 11261, 11268
through 11283 inclusive, 11286, 11289, 11290, 11291, 11293, 11295,
11296, 11297, 11300, 11303, 11306, 11307, 11308, and 11310 through
11315 inclusive, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
[[Page 3587]] modified, altered, or repaired in the area subject to
the requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that the ``EXIT'' signs for the overwing emergency
exit are clearly visible during an evacuation, accomplish the
following:
(a) Within 8 months after the effective date of this AD, install
two additional ``EXIT'' signs, one above and between the left-hand
overwing emergency exits, and one above and between the right-hand
overwing emergency exits, in accordance with Fokker Service Bulletin
SBF100-33-015, Revision 1, dated March 21, 1994.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on January 11, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-1133 Filed 1-17-95; 8:45 am]
BILLING CODE 4910-13-U
