[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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