Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Proposed Rules 52465 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0699; Directorate 

Identifier 2012–NM–198–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Fokker Services B.V. Model F.28 Mark 

0070 and 0100 airplanes. This proposed 

AD was prompted by three reports of 

cracking in the rear pressure bulkhead 

(RPBH) web. This proposed AD would 

require inspecting the RPBH web for 

cracking, and repairing if necessary. We 

are proposing this AD to detect and 

correct cracking of the RPBH web, 

which could result in in-flight 

decompression of the airplane and 

possible injury to the occupants. 

DATES: We must receive comments on 

this proposed AD by October 7, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 1357, 2130 EL Hoofddorp, the 

Netherlands; telephone +31 (0)88–6280– 

350; fax +31 (0)88–6280–111; email 

technicalservices@fokker.com; Internet 

http://www.myfokkerfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the MCAI, 

the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0699; Directorate Identifier 

2012–NM–198–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2012–0219, 

dated October 19, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Three reports have been received of a crack 

in the rear pressure bulkhead (RPBH) web, 

just below the horizontal beam XI between 

buttock lines BL425L and BL425R, in the 

centre web bay below the pressure relief 

valves. 

This condition, if not detected and 

corrected, could result in an exponential 

crack growth rate, possibly leading to failure 

of the affected RPBH web, resulting in inflight decompression of the aeroplane and 

possible injury to occupants. 

A repetitive inspection requirement has 

been published in issue 10 of Fokker Services 

[Airworthiness Limitations Section] ALS 

Report SE–623 under task number 534106– 

00–05. The threshold to start this ALS-task is 

30,000 [total] flight cycles (FC). However, it 

is known that many aeroplanes have already 

exceeded this threshold. 

For the reasons described above, this 

[EASA] AD requires a one-time inspection 

[detailed visual or high frequency eddy 

current inspection] of the affected RPBH web 

for cracks and, depending on findings, 

accomplishment of a repair. The repair can 

also be applied at any time as a modification, 

thereby exempting the aeroplane from 

(further) repetitive ALS task 534106–00–05 

inspections. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Fokker Services B.V. has issued 

Fokker Service Bulletin SBF100–53– 

120, dated May 15, 2012; and Fokker 

Service Bulletin SBF100–53–121, dated 

May 15, 2012. The actions described in 

this service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

The EASA AD 2012–0219, dated 

October 19, 2012, permits, under certain 

conditions, postponement of crack 

repair. This proposed AD would require 

repair before further flight for all 

cracking. 

Costs of Compliance 

We estimate that this proposed AD 

affects 4 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

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52466 Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Proposed Rules 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost 

on U.S. 

operators 

Inspection ...................................... 5 work-hours × $85 per hour = $425 .................................................. $0 $425 $1,700 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of the 

proposed inspection. We have no way of 

determining the number of aircraft that 

might need these repairs: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

On-condition inspection and repair ...... 16 work-hours × $85 per hour = $1,360 ........................................................... $0 $1,360 

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 determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 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); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

Fokker Services B.V.: Docket No. FAA– 

2013–0699; Directorate Identifier 2012– 

NM–198–AD. 

(a) Comments Due Date 

We must receive comments by October 7, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F.28 Mark 0070 and 0100 airplanes, 

certificated in any category, as identified in 

Fokker Service Bulletin SBF100–53–120, 

dated May 15, 2012. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by three reports of 

cracking in the rear pressure bulkhead 

(RPBH) web. We are issuing this AD to detect 

and correct cracking of the RPBH web, which 

could result in in-flight decompression of the 

airplane and possible injury to the occupants. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Inspection 

Before the accumulation of 30,000 total 

flight cycles, or within 12 months after the 

effective date of this AD, whichever occurs 

later: Do the actions specified in paragraph 

(g)(1) or (g)(2) of this AD. 

(1) Do a detailed inspection for cracking of 

the rear side of the RPBH web below beam 

XI between buttock line (BL) 425L and BL 

425R, in accordance with PART 1 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–53–120, dated May 

15, 2012. 

(2) Do a high frequency eddy current 

(HFEC) inspection for cracking of the forward 

side of the RPBH web below beam XI 

between BL 425L and BL 425R, in 

accordance with PART 2 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–53–120, dated May 

15, 2012. 

Note 1 to paragraph (g) of this AD: Fokker 

Services All Operators Message AOF100.176, 

dated May 15, 2012; and AOF100.178, dated 

September 10, 2012; provide additional 

information concerning the subject addressed 

by this AD. 

(h) On-condition Inspection and Repair 

(1) If any cracking is found during the 

inspections specified in paragraph (g)(1) or 

(g)(2) of this AD: Before further flight, repair 

the cracking, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–53–121, dated May 

15, 2012. 

(2) For any airplane inspected as specified 

in paragraph (g)(1) of this AD and no 

cracking was found: Within 12 months after 

that inspection, do the HFEC inspection 

specified in PART 2 of the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–53–120, dated May 15, 2012. If any 

cracking is found: Before further flight, repair 

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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Proposed Rules 52467 

the cracking, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–53–121, dated May 

15, 2012. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1137; fax (425) 

227–1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2012–0219, dated 

October 19, 2012, for related information, 

which can be found in the AD docket on the 

Internet at http://www.regulations.gov. 

(2) For service information identified in 

this AD, contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 1357, 

2130 EL Hoofddorp, the Netherlands; 

telephone +31 (0)88–6280–350; fax +31 

(0)88–6280–111; email technicalservices@

fokker.com; Internet http://

www.myfokkerfleet.com. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on August 

16, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–20585 Filed 8–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 200 

RIN 1810–AB16 

[Docket ID ED–2012–OESE–0018] 

Title I—Improving the Academic 

Achievement of the Disadvantaged 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

amend the regulations governing Title I, 

Part A of the Elementary and Secondary 

Education Act of 1965, as amended 

(ESEA) (the ‘‘Title I regulations’’), to no 

longer authorize a State, in satisfying 

ESEA accountability requirements, to 

define modified academic achievement 

standards and develop alternate 

assessments based on those modified 

academic achievement standards. These 

proposed amendments would permit, as 

a transitional measure and for a limited 

period of time, States that administered 

alternate assessments based on modified 

academic achievement standards in the 

2012–13 school year to continue to 

administer alternate assessments based 

on modified academic achievement 

standards and include the results in 

adequate yearly progress (AYP) 

calculations, subject to limitations on 

the number of proficient scores that may 

be counted for AYP purposes. These 

proposed amendments also would apply 

to accountability determinations made 

by eligible States that receive ‘‘ESEA 

flexibility’’ and have requested a waiver 

of making AYP determinations. 

DATES: We must receive your comments 

on or before October 7, 2013. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by email. To ensure 

that we do not receive duplicate copies, 

please submit your comments only 

once. In addition, please include the 

Docket ID at the top of your comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘How To Use This Site.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery. If you mail or deliver 

your comments about these proposed 

regulations, address them to Monique 

M. Chism, Director, Student 

Achievement and School Accountability 

Programs, Office of Elementary and 

Secondary Education, U.S. Department 

of Education, 400 Maryland Avenue 

SW., Room 3W224, Washington, DC 

20202–6132. 

Privacy Note: The Department’s policy is 

to make all comments received from 

members of the public available for public 

viewing in their entirety on the Federal 

eRulemaking Portal at www.regulations.gov. 

Therefore, commenters should be careful to 

include in their comments only information 

that they wish to make publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Monique M. Chism, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 3W224, Washington, DC 20202– 

6132. Telephone: (202) 260–0826. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding these 

proposed regulations. To ensure that 

your comments have maximum effect in 

developing the final regulations, we 

urge you to identify clearly the specific 

section or sections of the proposed 

regulations that each of your comments 

addresses and to arrange your comments 

in the same order as the proposed 

regulations. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 12866 

and 13563 and their overall requirement 

of reducing regulatory burden that 

might result from these proposed 

regulations. Please let us know of any 

further ways we could reduce potential 

costs or increase potential benefits 

while preserving the effective and 

efficient administration of the 

Department’s programs and activities. 

During and after the comment period, 

you may inspect all public comments 

about these proposed regulations by 

accessing Regulations.gov. You may also 

inspect the comments in person in 

3W226 at 400 Maryland Avenue SW., 

Washington, DC, between the hours of 

8:30 a.m. and 4:00 p.m., Washington, 

DC time, Monday through Friday of 

each week except Federal holidays. 

Please contact the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request, we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

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