[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)] [Proposed Rules] [Pages 9113-9114] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-4949] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 94-NM-117-AD] RIN 2120-AA64 Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Supplemental notice of proposed rulemaking; reopening of comment period. ----------------------------------------------------------------------- SUMMARY: This document revises an earlier proposed airworthiness directive (AD), applicable to certain Fokker Model F28 Mark 0100 series airplanes, that would have required installation of additional ``EXIT'' signs at the overwing emergency exits. That proposal was 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. This action revises the proposed rule by expanding the applicability of the proposed rule to include additional airplanes. The actions specified by this 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 March 14, 1997. 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 Services B.V., Technical Support Department, P.O. Box 75047, 1117 ZN Schiphol Airport, The Netherlands. 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) 227-1149. 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 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 A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to add an airworthiness directive (AD), applicable to certain Fokker Model F28 Mark 0100 series airplanes, was published as a notice of proposed rulemaking (NPRM) in the Federal Register on January 18, 1995 (60 FR 3585). That NPRM would have required 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. That NPRM was 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. That condition, if not corrected, could delay or impede the evacuation of passengers during an emergency. Actions Since Issuance of Previous Proposal One comment that was submitted in response to the NPRM raised questions concerning the applicability of the proposed AD. The commenter, a U.S. operator, noted that the proposal would apply to only 20 of the 40 Fokker F28 Model Mark 0100 series airplanes in its fleet. However, this operator pointed out that all 40 of its Model F28 Mark 0100 series airplanes have the same overwing emergency exit sign configuration (i.e., emergency exit signs on the covers of the operating handles), and do not have the emergency exit signs above the overwing emergency exits, was proposed by this AD. This operator also pointed out that, if the effectivity listing in Fokker Service Bulletin SBF100-33-015, Revision 1, dated March 21, 1994 (which was referenced as the appropriate source of service information in the proposal) is incorrect, then other operators' fleets also could be affected. Based on this comment, the FAA worked in consultation with the Rijksluchtvaartdienst (RLD), which is the airworthiness authority for the Netherlands, and Fokker, to determine that 20 Model F28 Mark 0100 series airplanes were excluded inadvertently from the effectivity listing of the [[Page 9114]] referenced service bulletin. Those 20 airplanes had provisions for the new exit signs incorporated during production; however, in accordance the operators' request, the airplanes were delivered with the old exit sign configuration. In light of this, those 20 airplanes are subject to the same unsafe condition addressed in the original proposal. Accordingly, the FAA has revised the applicability and the cost impact information of this supplemental NPRM to include the additional 20 airplanes. Conclusion Since this change expands the scope of the originally proposed rule, the FAA has determined that it is necessary to reopen the comment period to provide additional opportunity for public comment. Cost Impact The FAA estimates that 40 Fokker Model F28 Mark 0100 series 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 installation, 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 cost impact of the proposed AD on U.S. operators is estimated to be $234,400, or $5,860 per airplane. Note: For the additional 20 airplanes that have been added to the applicability of this supplemental NPRM, the estimated work hours, above, may be overstated, since many of the steps relevant to the installation have already been accomplished during production. The 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. Regulatory Impact 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. 106(g), 40113, 44701. 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, having the following serial numbers, certificated in any category: Serial Numbers 11244 11245 11248 through 11256 inclusive 11261 11268 through 11283 inclusive 11286 11289 11290 11291 11293 11295 through 11297 inclusive 11300 11303 11306 through 11308 inclusive 11310 through 11315 inclusive 11331 11333 11334 11337 11338 11345 11346 11349 11357 11358 11365 11366 11372 11373 11379 11380 11391 11392 11398, and 11399. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise 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 ``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. 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 February 21, 1997. James V. Devany, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 97-4949 Filed 2-27-97; 8:45 am] BILLING CODE 4910-13-U