[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Rules and Regulations]
[Pages 37274-37277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14792]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-06-AD; Amendment 39-11778; AD 2000-11-29]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F27 Mark 050, 100, 200, 
300, 400, 500, 600, and 700 Series Airplanes; and Model F28 Mark 0070, 
0100, 1000, 2000, 3000, and 4000 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 F27 Mark 050, 100, 200, 300, 400, 
500, 600, and 700 series airplanes, and Model F28 Mark 0070, 0100, 
1000, 2000, 3000, and 4000 series airplanes, that requires a one-time 
functional test to verify correct installation of the shoulder 
harnesses of the pilot's and co-pilot's seats and, if necessary, 
replacement of the shoulder harness assembly with a new or serviceable 
shoulder harness assembly. 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 prevent failure of the shoulder harness, which could result in 
injury to the flight crew during

[[Page 37275]]

extremely turbulent flight conditions or during emergency landing or 
stopping conditions.

DATES: Effective July 19, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 19, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, 
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, 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 F27 Mark 050, 
100, 200, 300, 400, 500, 600, and 700 series airplanes, and Model F28 
Mark 0070, 0100, 1000, 2000, 3000, and 4000 series airplanes was 
published in the Federal Register on February 17, 2000 (65 FR 8075). 
That action proposed to require a one-time functional test to verify 
correct installation of the shoulder harnesses of the pilot's and co-
pilot's seats and replacement of an incorrectly installed shoulder 
harness assembly with a new or serviceable shoulder harness assembly.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

No Objection to the Proposal

    One commenter, an operator, states that it has already accomplished 
the proposed testing, and therefore has no comments regarding the 
proposed rule.

Request for Revision to Applicability

    One commenter, an operator, requests that the proposed AD be 
revised to limit the applicability to shoulder harnesses that have been 
repaired by agencies other than the original equipment manufacturer 
(OEM) of the harness. The commenter states that the failure described 
in the proposed AD was a one-time, isolated occurrence, and that the 
harness is used on multiple fleets, all of which have been operating 
without report from any operator of such malfunctions. The commenter 
also states that Pacific Scientific, the OEM, has assured the commenter 
that all new and repaired or remanufactured harnesses cannot disengage 
from the reel ``without a catastrophic failure of the webbing.'' Since 
the commenter receives all harnesses in sealed bags in new condition, 
any tampering prior to installation that could cause failure of the 
harness would be detectable.
    The FAA does not concur. The FAA acknowledges that the 
investigations that prompted the proposed AD revealed improper repairs 
of the shoulder harness assemblies accomplished by a maintenance 
company rather than the shoulder harness OEM. Further discussions with 
the Rijksluchtvaartdienst (RLD), which is the airworthiness authority 
for the Netherlands, have revealed that only one maintenance company 
was involved, and that the faulty shoulder harnesses, of the 0108900 
series, had been installed only on Fokker Model F27 and F28 series 
airplanes. However, the RLD also advises that it was not possible to 
trace all harness assemblies that had been repaired in the past by the 
maintenance company; therefore, it cannot be determined with any 
certainty how many other airplanes have these faulty harness assemblies 
installed.
    The FAA notes that even if it could be determined definitively 
whether the installed shoulder harnesses have ever been repaired in the 
past by someone other than the shoulder harness OEM, which would 
require a review of complete maintenance records for each shoulder 
harness, such records may not be available for airplanes transferred 
from another operator. Additionally, the FAA considers that the time 
required for such a review would likely be greater than that for the 
one-time functional test of the harnesses specified in the proposed AD. 
No change is made to the final rule. However, under the provisions of 
paragraph (b) of the AD, the FAA may approve requests for an 
alternative method of compliance if substantiating data (such as 
verification that the shoulder harness maintenance records show that 
only OEM repairs were made) are submitted to justify use of that 
method.

Statement of Unsafe Condition

    One commenter notes that the statement of the unsafe condition in 
the Summary, Discussion, and Compliance sections of the proposed AD 
deviates from the description provided in Dutch airworthiness directive 
BLA 1999-139(A), dated October 29, 1999. The commenter suggests that 
the statement should be revised as follows: ``* * * which could result 
in injury to the flight crew during extremely turbulent flight 
conditions or during emergency landing/stop conditions.'' The commenter 
states that this wording gives a better defined description of the 
situations in which separation of the shoulder harness from the seat 
could occur.
    The FAA acknowledges that the wording suggested by the commenter 
provides a slightly more precise description of the unsafe condition 
intended to be addressed by this AD. The Discussion section of the AD 
is not repeated in the final rule, but the FAA has revised the Summary 
and Compliance sections of the AD accordingly.

Type Certificate Holder

    The same commenter requests that the Explanation of Relevant 
Service Information section of the AD be revised to refer to Fokker 
Services B.V., rather than the now defunct airplane manufacturer, as 
the current type certificate holder. The commenter advises that Fokker 
Services B.V is the issuer of the relevant service information. The FAA 
acknowledges the accuracy of this information; however, since this 
section is not repeated in the final rule, no change is made to the AD.

Other Change to the AD

    Since issuance of the proposed AD, Fokker Services B.V. has issued 
Service Bulletin SBF27/25-65, Revision 1, dated March 1, 2000. The 
original issue of this service bulletin, dated October 14, 1999, is 
referenced in the proposed AD as the appropriate source of service 
information for Model F27 Mark 100, 200, 300, 400, 500, 600, and 700 
series airplanes. The procedures in Revision 1 are essentially the same 
as those in the original, with certain information contained in the 
maintenance manual for accomplishment of the functional test added to 
the service bulletin. Paragraph (a)(2) of the AD has been revised to 
reference Revision 1 of the service bulletin, and a ``NOTE'' has been 
added to the AD to give credit to operators that may have accomplished 
the required actions in accordance with the original issue of the 
service bulletin.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air

[[Page 37276]]

safety and the public interest require the adoption of the rule with 
the changes described previously. The FAA has determined that these 
changes will neither increase the economic burden on any operator nor 
increase the scope of the AD.

Cost Impact

    The FAA estimates that 191 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required functional test, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $11,460, or 
$60 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 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

2000-11-29  Fokker Services B.V.: Amendment 39-11778. Docket 2000-
NM-06-AD.

    Applicability: Model F27 Mark 050, 100, 200, 300, 400, 500, 600, 
and 700 series airplanes; and Model F28 Mark 0070, 0100, 1000, 2000, 
3000, and 4000 series airplanes; certificated in any category; on 
which any Pacific Scientific Model 0108900 series flight crew 
shoulder harness assembly is installed.

    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 prevent failure of the shoulder harness, which could result 
in injury to the flight crew during extremely turbulent flight 
conditions or during emergency landing or stopping conditions, 
accomplish the following:

Functional Test

    (a) Within 6 months after the effective date of this AD, perform 
a one-time functional test to verify correct installation of the 
shoulder harnesses of the pilot's and co-pilot's seats, in 
accordance with paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this 
AD, as applicable. If any shoulder harness is incorrectly installed, 
prior to further flight, replace the shoulder harness assembly with 
a new or serviceable shoulder harness assembly, in accordance with 
paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this AD, as 
applicable.
    (1) For Model F27 Mark 050 series airplanes: Accomplish the 
actions in accordance with Fokker Service Bulletin SBF50-25-051, 
dated October 14, 1999.
    (2) For Model F27 Mark 100, 200, 300, 400, 500, 600, and 700 
series airplanes: Accomplish the actions in accordance with Fokker 
Service Bulletin SBF27/25-65, Revision 1, dated March 1, 2000.
    (3) For Model F28 Mark 0070 and 0100 series airplanes: 
Accomplish the actions in accordance with Fokker Service Bulletin 
SBF100-25-088, dated October 14, 1999.
    (4) For Model F28 Mark 1000, 2000, 3000, and 4000 series 
airplanes: Accomplish the actions in accordance with Fokker Service 
Bulletin SBF28/25-103, dated October 14, 1999.

    Note 2: Accomplishment of the actions in accordance with Fokker 
Service Bulletin SBF27/25-65, dated October 14, 1999, is acceptable 
for compliance with the requirements of paragraph (a)(2) of the AD.

Alternative Methods of Compliance

    (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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch,ANM-116.

Special Flight Permits

    (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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Fokker Service 
Bulletin SBF50-25-051, dated October 14, 1999; Fokker Service 
Bulletin SBF27/25-65, Revision 1, dated March 1, 2000; Fokker 
Service Bulletin SBF100-25-088, dated October 14, 1999; or Fokker 
Service Bulletin SBF28/25-103, dated October 14, 1999; as 
applicable. Fokker Service Bulletin SBF27/25-65, Revision 1, dated 
March 1, 2000, contains the following list of effective pages:

------------------------------------------------------------------------
                                    Revision level
           Page number               shown on page    Date shown on page
------------------------------------------------------------------------
1, 4-6..........................  1.................  March 1, 2000.
2-3.............................  Original..........  October 14, 1999.
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[[Page 37277]]

    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., P.O. Box 
231, 2150 AE Nieuw-Vennep, 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 4: The subject of this AD is addressed in Dutch 
airworthiness directive BLA 1999-139 (A), dated October 29, 1999.

    (e) This amendment becomes effective on July 19, 2000.

    Issued in Renton, Washington, on June 6, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-14792 Filed 6-13-00; 8:45 am]
BILLING CODE 4910-13-P