[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3710-3712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1078]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25219; Directorate Identifier 2005-NM-259-AD; 
Amendment 39-14907; AD 2007-02-20]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F27 Mark 050 and F.28 Mark 
0070 and 0100 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Fokker Model F27 Mark 050 and F.28 Mark 0070 and 0100 
airplanes. This AD requires repetitively removing the two existing 
escape rope assemblies in the flight compartment and installing new 
escape rope assemblies. This AD results from reports of findings of 
small cracks in the polyester assembly block in which the cotton escape 
rope is stored. A test revealed that the escape ropes had deteriorated 
over time, and the load capability was considerably reduced. We are 
issuing this AD to ensure that flightcrew members safely reach the 
ground after exiting the flight compartment window during an emergency 
evacuation.

DATES: This AD becomes effective March 2, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 2, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, 
the Netherlands, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Fokker Model 
F27 Mark 050 and Model F.28 Mark 0070 and 0100 airplanes. That NPRM was 
published in the Federal Register on June 30, 2006 (71 FR 37510). That 
NPRM proposed to require repetitively removing the two existing escape 
rope assemblies in the flight compartment and installing new escape 
rope assemblies.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Change Incorporation of Certain Service Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that if a service document is 
used as a mandatory element of compliance, it should not simply be 
referenced, but should be incorporated into the regulatory document; by 
definition, public laws must be public, which means they cannot rely 
upon private writings. MARPA adds that incorporated by reference 
service documents should be made available to the public by publication 
in the Docket Management System (DMS), keyed to

[[Page 3711]]

the action that incorporates them. MARPA notes that the stated purpose 
of the incorporation by reference method is brevity, to keep from 
expanding the Federal Register needlessly by publishing documents 
already in the hands of the affected individuals; traditionally, 
``affected individuals'' means aircraft owners and operators, who are 
generally provided service information by the manufacturer. MARPA adds 
that a new class of affected individuals has emerged, since the 
majority of aircraft maintenance is now performed by specialty shops 
instead of aircraft owners and operators. MARPA notes that this new 
class includes maintenance and repair organizations, component 
servicing and repair shops, parts purveyors and distributors, and 
organizations manufacturing or servicing alternatively certified parts 
under section 21.303 (``Replacement and modification parts'') of the 
Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the 
concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument, 
and published in the DMS.
    We understand MARPA's comment concerning incorporation by 
reference. The Office of the Federal Register (OFR) requires that 
documents that are necessary to accomplish the requirements of the AD 
be incorporated by reference during the final rule phase of rulemaking. 
This final rule incorporates by reference the document necessary for 
the accomplishment of the actions required by this AD. Further, we 
point out that while documents that are incorporated by reference do 
become public information, they do not lose their copyright protection. 
For that reason, we advise the public to contact the manufacturer to 
obtain copies of the referenced service information. We agree that 
incorporation by reference was authorized to reduce the volume of 
material published in the Federal Register and the Code of Federal 
Regulations. However, as specified in the Federal Register Document 
Drafting Handbook, the Director of the Office of the Federal Register 
(OFR) decides when an agency may incorporate material by reference. As 
the commenter is aware, the OFR files documents for public inspection 
on the workday before the date of publication of the rule at its office 
in Washington, DC. As stated in the Federal Register Document Drafting 
Handbook, when documents are filed for public inspection, anyone may 
inspect or copy filed documents during the OFR's hours of business. 
Further questions regarding publication of documents in the Federal 
Register or incorporation by reference should be directed to the OFR.
    In addition, regarding the commenter's request to post service 
bulletins on the Department of Transportation's DMS, we are currently 
in the process of reviewing issues surrounding the posting of service 
bulletins on the DMS as part of an AD docket. Once we have thoroughly 
examined all aspects of this issue and have made a final determination, 
we will consider whether our current practice needs to be revised. No 
change to the AD is necessary in response to this comment.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 2 airplanes of U.S. registry. The removal and 
installation take about 2 work hours per airplane, at an average labor 
rate of $80 per work hour. Required parts cost between $387 and $425 
per airplane, depending on airplane configuration. Based on these 
figures, the estimated cost of the AD for U.S. operators is between 
$1,094 and $1,170, or between $547 and $585 per airplane, per removal 
and installation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-02-20 Fokker Services B.V.: Amendment 39-14907. Docket No. FAA-
2006-25219; Directorate Identifier 2005-NM-259-AD.

Effective Date

    (a) This AD becomes effective March 2, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F27 Mark 050 and F.28 Mark 
0070 and 0100 airplanes, certificated in any category; with escape 
rope assemblies in the flight compartment.

[[Page 3712]]

Unsafe Condition

    (d) This AD results from reports of findings of small cracks in 
the polyester assembly block in which the cotton escape rope is 
stored. A test revealed that the escape ropes had deteriorated over 
time, and the load capability was considerably reduced. We are 
issuing this AD to ensure that flightcrew members safely reach the 
ground after exiting the flight compartment window during an 
emergency evacuation.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Within 12 months after the effective date of this AD: Remove 
the two existing escape rope assemblies in the flight compartment 
and install new escape rope assemblies in accordance with the 
Accomplishment Instructions of Fokker Service Bulletin SBF50-25-059 
(for Model F27 Mark 050 airplanes); and Fokker Service Bulletin 
SBF100-25-099 (for Model F.28 Mark 0070 and 0100 airplanes); both 
dated June 28, 2004. Repeat the removal and installation thereafter 
at intervals not to exceed 72 months.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) Dutch airworthiness directive 2004-159, dated December 24, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF50-25-059, dated 
June 28, 2004; or Fokker Service Bulletin SBF100-25-099, dated June 
28, 2004; as applicable; to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of these 
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, 
the Netherlands, for a copy of this service information. You may 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-1078 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P