[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Rules and Regulations]
[Pages 48636-48638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22303]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-214-AD; Amendment 39-9363; AD 95-19-02]

Airworthiness Directives; Fokker Model F28 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 0100 series airplanes, that 
requires replacement of the flight control lock (FCL) handle and switch 
with a modified unit. This amendment is prompted by a report of sudden 
engagement of the FCL system during approach for landing. The actions 
specified by this AD are intended to prevent inadvertent engagement of 
the FCL system during flight and subsequent reduced controllability of 
the airplane.
DATE: Effective October 20,1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 20, 1995.
ADDRESSES: The service information referenced in this AD may be 
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, 
Alexandria, Virginia 22314. 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: 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) 227-1149.

 
[[Page 48637]]

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 0100 
series airplanes was published in the Federal Register on December 27, 
1994 (59 FR 66494). That action proposed to require replacement of the 
flight control lock (FCL) handle and switch with a modified unit.
    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 supports the proposed rule.
    One commenter requests that the compliance time of one year be 
extended to a calendar date of September 1997. The commenter explains 
that 10 work hours are necessary to accomplish the required 
replacement, and that this figure is considerably more than that 
estimated in the proposal. Therefore, in order to accomplish the 
modification on its affected fleet within the proposed compliance time, 
the commenter indicates that it would be required to special schedule 
the replacement. The commenter adds that such special scheduling would 
be disruptive to its operating schedule and would result in additional 
expense over that estimated in the economic impact information 
specified in the proposal. The commenter states that extending the 
compliance time to September 1997 would allow it to accomplish the 
modification during scheduled maintenance visits.
    The FAA does not concur with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
action, the FAA considered not only the degree of urgency associated 
with addressing the subject unsafe condition, but the availability of 
required parts and the practical aspect of accomplishing the required 
replacement within an interval of time that parallels regularly 
scheduled maintenance for the majority of affected operators. The FAA 
finds that a compliance time of one year, as proposed, should provide 
ample time for the replacement to be accomplished during scheduled 
maintenance intervals. Further, the FAA has determined that the 
compliance time, as proposed, represents the maximum interval of time 
allowable for the affected airplanes to continue to operate prior to 
accomplishing the required replacement without compromising safety. 
While the commenter cites the number of work hours as its primary 
reason that special scheduling would be necessary, the commenter 
provides no data demonstrating that extending the compliance time would 
not compromise safety, nor does the commenter suggest any alternative 
actions to ensure safe operation in the interim. In addition, the FAA 
based its work hour estimate on the service bulletin option not to 
remove the FCL handle assembly from the pedestal when performing the 
replacement. The FAA would consider a request for an adjustment of the 
compliance time, however, in accordance with the provisions of 
paragraph (b) of this AD, provided that adequate justification is 
presented to support such a request.
    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.
    The FAA estimates that 75 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 cost approximately 
$1,000 per airplane. Based on these figures, the total cost impact of 
the AD on U.S. operators is estimated to be $88,500, or $1,180 per 
airplane.
    The total 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.
    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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-19-02 Fokker: Amendment 39-9363. Docket 94-NM-214-AD.

    Applicability: Model F28 Mark 0100 series airplanes, serial 
numbers 11244 through 11419 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 
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) of this AD 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 prevent reduced controllability of the airplane, accomplish 
the following:
    (a) Within one year after the effective date of this AD, remove 
the existing flight control lock (FCL) handle and switch and replace 
it with a modified FCL handle and switch, in accordance with Fokker 
Service Bulletin SBF100-27-051, Revision 1, dated May 6, 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 

[[Page 48638]]
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.
    (d) The replacement shall be done in accordance with Fokker 
Service Bulletin SBF100-27-051, Revision 1, dated May 6, 1994. 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 Aircraft USA, Inc., 1199 
North Fairfax Street, Alexandria, Virginia 22314. 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.
    (e) This amendment becomes effective on October 20,1995.

    Issued in Renton, Washington, on September 1, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-22303 Filed 9-19-95; 8:45 am]
BILLING CODE 4910-13-U