[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13500-13502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6949]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-117-AD; Amendment 39-10405; AD 98-06-27]
RIN 2120-AA64


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 installation of additional ``EXIT'' signs at the overwing 
emergency exits. This amendment 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 this AD are intended to ensure the ``EXIT'' signs for 
overwing emergency exits are clearly visible during an evacuation.

DATES: Effective April 24, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 24, 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 0100 
series airplanes was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on February 28, 1997 (62 FR 
9113). That action proposed to require installation of additional 
``EXIT'' signs at the overwing emergency exits, and proposed to expand 
the applicability of the original NPRM to include additional airplanes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Supportive Comments

    Two commenters support the proposed rule.
    One commenter states that the proposed rule, if adopted, would not 
affect its fleet of airplanes.

Requests To Extend the Compliance Time

    The Air Transport Association (ATA) of America, on behalf of one of 
its members, requests that the proposed compliance time be extended 
from 8 months to 14 months. The commenter states that, in order to 
accomplish the modification within the proposed 8-month compliance 
schedule, approximately 2 of the 40 affected airplanes in its fleet 
would require special visits in addition to the normal heavy check 
scheduled. The commenter notes that the additional aircraft downtime 
and manpower for the special visit would result in a significant 
additional cost. The commenter points out that an additional 6 months 
will allow all of its affected aircraft to be modified during heavy 
maintenance visits.
    The FAA does not concur with the commenter's request. 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 manufacturer's and foreign airworthiness 
authority's recommendations as to an appropriate compliance time, the 
availability of required parts, and the practical aspect of installing 
the required modification within an interval of time that parallels the 
normal scheduled maintenance for the majority of affected operators. 
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 
modification without compromising safety. Additionally, the commenter 
has not provided any data to substantiate why an extension of the 
compliance time would not compromise safety.
    In consideration of all of these factors, and in consideration of 
the amount of time that has already elapsed since issuance of the 
supplemental NPRM, the FAA has determined that further delay of this AD 
is not appropriate. However, under the provisions of paragraph (b) of 
the final rule, the FAA may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Request To Resolve Method of Compliance

    The ATA, in response to the original NPRM and on behalf of one of 
its members, requests that the AD either be reworded to mandate 
compliance with the applicable certification requirements for the 
emergency exit signs rather than requiring accomplishment of the 
service bulletin, or that issuance of the AD be deferred until an 
understanding between Fokker and the ATA member is reached as to how 
the certification requirements should be satisfied. The commenter 
states that, since it appears that none of its 40 affected airplanes 
are in compliance, there is no advantage to meeting the applicable 
certification requirements for the emergency exit signs by 
accomplishing the service bulletin referenced in the NPRM. The 
commenter notes that it should be allowed to meet the applicable 
certification requirements by the most labor and cost effective way 
possible. The commenter also notes that it may want to design and 
install one exit sign rather than two exit signs, and that its design 
would meet the applicable certification requirements. The ATA adds that 
it is not productive to adopt a rule that does not reflect the actual 
installation that is ultimately approved. The ATA also suggests that 
the FAA contact Fokker before any rule is adopted to ensure that the 
referenced service bulletin is not in the process of being revised.
    The FAA does not concur. The FAA has determined that accomplishment 
of the actions specified in the service bulletin referenced in this AD 
adequately addresses the identified unsafe condition. In response to 
comments to the original NPRM, the FAA noted that the 20 airplanes that 
were inadvertently omitted from the applicability were delivered from 
the

[[Page 13501]]

factory with provisions for the service bulletin modification. (The 
supplemental NPRM revised the applicability of the original NPRM to 
include the 20 additional airplanes.) In addition, the FAA has 
contacted Fokker and determined that Fokker has not and does not plan 
to revise the referenced service bulletin to change the method of 
compliance. Therefore, the FAA has determined that no change to the 
final rule is necessary. However, under the provisions of paragraph (b) 
of the final rule, the FAA may approve requests for alternate methods 
of compliance if data are submitted to substantiate that such an 
alternate method of compliance would provide an acceptable level of 
safety.

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 40 Fokker Model F28 Mark 0100 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 71 work hours per airplane to accomplish the 
installation, and that the average labor rate is $60 per work hour. 
Required parts will cost approximately $1,600 per airplane. Based on 
these figures, the cost impact of this AD on U.S. operators is 
estimated to be $234,400, or $5,860 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:

98-06-27  Fokker: Amendment 39-10405. 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 
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 
exits 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, 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 installation shall be done in accordance with Fokker 
Service Bulletin SBF100-33-015, Revision 1, dated March 21, 1994, 
which contains the following list of effective pages:

[[Page 13502]]



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                                              Revision level shown on                                           
                 Page No.                               page                        Date shown on page          
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1-4, 10-12................................  1..........................  March 21, 1994.                        
5-9, 13-20................................  Original...................  October 7, 1993.                       
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    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 Dutch 
airworthiness directive BLA 93-147/2 (A), dated April 29, 1994.

    (e) This amendment becomes effective on April 24, 1998.

    Issued in Renton, Washington, on March 11, 1998.
Darrell M. Pederson,
 Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-6949 Filed 3-19-98; 8:45 am]
BILLING CODE 4910-13-U