[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12614-12615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6501]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-245-AD; Amendment 39-10396; AD 98-06-18]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F28 Mark 0070 and Mark
0100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Fokker Model F28 Mark 0070 and Mark 0100 series
airplanes, that requires replacement of the operating handles of the
overwing emergency exits with improved handles that have self-
illumination. This amendment is prompted by issuance of mandatory
continuing airworthiness information by a foreign civil airworthiness
authority. The actions specified by this AD are intended to ensure that
the operating handles of the overwing emergency exits are clearly
visible during an emergency evacuation.
DATES: Effective April 20, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 20, 1998.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Services B.V., Technical Support Department, P.O.
Box 75047, 1117 ZN Schiphol Airport, The Netherlands. This information
may be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark 0070
and Mark 0100 series airplanes was published in the Federal Register on
October 17, 1997 (62 FR 53976). That action proposed to require
replacement of the operating handles of the overwing emergency exits
with improved handles that have self-illumination.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter simply points out that the proposed AD is not
applicable to the airplanes in its fleet.
One commenter requests that the compliance time for accomplishing
the removal and installation proposed by this AD be reduced from the
proposed 12 months to 6 months, unless materials are not available. The
commenter states that these actions appear to be simple and the
material should be available within a 6-month time frame.
The FAA does not concur. After consideration of all the available
information, the FAA cannot conclude that a reduction of the proposed
compliance time, without prior notice and opportunity for public
comment, is warranted. In developing an appropriate compliance time,
the FAA considered the safety implications, parts availability, and
normal maintenance schedules for timely accomplishment of the removal
and installation. Further, the proposed compliance time of 12 months
was arrived at with operator, manufacturer, and FAA concurrence. To
reduce the compliance time of the proposal would necessitate (under the
provisions of the Administrative Procedure Act) reissuing the notice,
reopening the period for public comment, considering additional
comments received, and eventually issuing a final rule; the time
required for that procedure may be as long as four additional months.
In comparing the actual compliance date of the final rule after
completing such a procedure to the compliance date of this final rule
as issued, the increment in time is minimal.
In light of this, and in consideration of the amount of time that
has already
[[Page 12615]]
elapsed since issuance of the original notice, the FAA has determined
that further delay of this final rule action is not appropriate.
However, if additional data are presented that would justify a shorter
compliance time, the FAA may consider further rulemaking on this issue.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 127 Fokker Model F28 Mark 0100 series
airplanes and 4 Fokker Model F28 Mark 0070 series airplanes of U.S.
registry will be affected by this AD, that it will take approximately 3
work hours per airplane to accomplish the required actions, and that
the average labor rate is $60 per work hour. Required parts will be
provided by the manufacturer at no cost to operators. Based on these
figures, the cost impact of the AD on U.S. operators is estimated to be
$23,580, or $180 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-06-18 Fokker: Amendment 39-10396. Docket 97-NM-245-AD.
Applicability: Model F28 Mark 0070 and Mark 0100 series
airplanes, as listed in Fokker Service Bulletin SBF100-52-060, dated
October 10, 1995; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that the operating handles of the overwing emergency
exits are clearly visible during an emergency evacuation, accomplish
the following:
(a) Within 12 months after the effective date of this AD, remove
the operating handle assemblies of the overwing emergency exits,
having part number (P/N) D32965-403, and install new self-
illuminating handle assemblies, having P/N D32965-407, in accordance
with Fokker Service Bulletin SBF100-52-060, dated October 10, 1995.
(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, Manager, International Branch, ANM-
116, 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,
International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(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.
(d) The actions shall be done in accordance with Fokker Service
Bulletin SBF100-52-060, dated October 10, 1995. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Fokker Services B.V., Technical Support Department,
P.O. Box 75047, 1117 ZN Schiphol Airport, The Netherlands. Copies
may be inspected at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
Note 3: The subject of this AD is addressed in Netherlands
airworthiness directive BLA 1995-104 (A), dated October 31, 1995.
(e) This amendment becomes effective on April 20, 1998.
Issued in Renton, Washington, on March 9, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-6501 Filed 3-13-98; 8:45 am]
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