Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules 63473

BILLING CODE 3410–02–C

4. In § 70.80, the table would be

revised to read as follows:

§ 70.80 General.

* * * * *

Containers in lot Containers in sample

1–4 ............................ All.

5–50 .......................... 4

51–100 ...................... 5

101–200 .................... 6

201–400 .................... 7

401–600 .................... 8

For each additional

100 containers, or

fraction thereof, in

excess of 600 containers.

Include one additional

container.

5. In § 70.110, paragraph (b) would be

revised to read as follows:

§ 70.110 Requirements for sanitation,

facilities, and operating procedures in

official plants.

* * * * *

(b) With respect to grading services,

there shall be a minimum of 100-foot

candles of light intensity at grading

stations; and acceptable means, when

necessary, of maintaining control and

identity of products segregated for

quality, class, condition, weight, lot, or

any other factor which may be used to

distinguish one type of product from

another.

Dated: November 20, 1997.

Thomas A. O’Brien,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 97–31178 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–287–AD]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F.28 Mark 1000, 2000, 3000, and

4000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

Fokker Model F.28 Mark 1000, 2000,

3000, and 4000 series airplanes. This

proposal would require repetitive

inspections to detect any discrepancy in

the sealwire of the fireguards of the

engine fire shut-off system, and repair,

if necessary. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent inadvertent

closure of the fire shut-off valves due to

ineffective or absent sealwires, which

could result in in-flight engine

shutdown.

DATES: Comments must be received by

December 31, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

287–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fokker Service B.V., Technical Support

Department, P.O. Box 75047, 1117 ZN

Schiphol Airport, the Netherlands. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

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:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–287–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–287–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, notified the FAA that

an unsafe condition may exist on all

Fokker Model F.28 Mark 1000, 2000,

3000, and 4000 series airplanes. The

RLD advises that it received reports of

inadvertent closure of the fire shut-off

valves, which resulted in engine

flameouts during flight. Investigation by

the manufacturer indicated that the

sealwires (safety wires) of the engine

fireguards may have been missing, or

may not have operated correctly.

Inadvertent closure of the fire shut-off

valves due to ineffective or missing
63474 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules

sealwires could result in in-flight engine

shutdown.

Other Related AD

In 1982, the FAA issued AD 82–16–

02, amendment 39–4424, applicable to

all Fokker Model F.28 Mark 1000, 2000,

3000, and 4000 series airplanes, to

require a one-time inspection of the

sealwires and microswitches to detect

discrepancies, and repair, if necessary.

Explanation of Relevant Service

Information

Fokker has issued Service Bulletin

F28/76–20, dated January 1, 1979,

which describes procedures for

repetitive inspections to detect any

discrepancy in the sealwire of the

fireguards of the engine fire shut-off

system, and repair, if necessary. The

RLD classified this service bulletin as

mandatory and issued Dutch

airworthiness directive BLA No. 1979–

007/2 (A), dated February 28, 1997, in

order to assure the airworthiness of

these airplanes in the Netherlands.

FAA’s Conclusions

This airplane model is manufactured

in the Netherlands and is type

certificated for operation in the United

States under the provisions of Section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the RLD has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the RLD,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

accomplishment of actions specified in

the service bulletin described

previously.

Cost Impact

The FAA estimates that 49 airplanes

of U.S. registry would be affected by this

proposed AD. It would take

approximately 1 work hour per airplane

to accomplish the proposed inspection,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of the inspection proposed by

this AD on U.S. operators is estimated

to be $2,940, or $60 per airplane. The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed 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 proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment. For the reasons discussed above, I

certify that 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); and (3) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Fokker Aircraft B.V.: Docket 97–NM–287–

AD.

Applicability: Model F.28 Mark 1000, F.28

Mark 2000, F.28 Mark 3000, and F.28 Mark

4000 series airplanes; all serial numbers;

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 prevent inadvertent closure of the fire

shut-off valves due to ineffective or absent

sealwires, which could result in in-flight

engine shutdown, accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform an inspection of the

engine fire shut-off system to detect any

discrepancy in the sealwire of the fireguards,

in accordance with Fokker Service Bulletin

F28/76–20, dated January 1, 1979. If any

discrepancy is detected, prior to further

flight, repair it in accordance with the service

bulletin. Thereafter, repeat the inspection at

intervals not to exceed 3,000 flight hours.

(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 request 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.

Note 3: The subject of this AD is addressed

in Dutch airworthiness directive BLA No.

1979–007/2 (A), dated February 28, 1997.

Issued in Renton, Washington, on

November 21, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31331 Filed 11–28–97; 8:45 am]

BILLING CODE 4910–13–U