[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Proposed Rules]
[Pages 9113-9114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4949]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F28 Mark 0100 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Fokker Model F28 Mark 0100 series 
airplanes, that would have required installation of additional ``EXIT'' 
signs at the overwing emergency exits. That proposal was 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. 
This action revises the proposed rule by expanding the applicability of 
the proposed rule to include additional airplanes. The actions 
specified by this proposed AD are intended to ensure the ``EXIT'' signs 
for overwing emergency exits are clearly visible during an evacuation.

DATES: Comments must be received by March 14, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-117-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 Services 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: Tim Dulin, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2141; fax (206) 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 94-NM-117-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. 94-NM-117-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Fokker Model F28 Mark 0100 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on January 
18, 1995 (60 FR 3585). That NPRM would have required installation of 
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. That NPRM was 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. That condition, if 
not corrected, could delay or impede the evacuation of passengers 
during an emergency.

Actions Since Issuance of Previous Proposal

    One comment that was submitted in response to the NPRM raised 
questions concerning the applicability of the proposed AD. The 
commenter, a U.S. operator, noted that the proposal would apply to only 
20 of the 40 Fokker F28 Model Mark 0100 series airplanes in its fleet. 
However, this operator pointed out that all 40 of its Model F28 Mark 
0100 series airplanes have the same overwing emergency exit sign 
configuration (i.e., emergency exit signs on the covers of the 
operating handles), and do not have the emergency exit signs above the 
overwing emergency exits, was proposed by this AD. This operator also 
pointed out that, if the effectivity listing in Fokker Service Bulletin 
SBF100-33-015, Revision 1, dated March 21, 1994 (which was referenced 
as the appropriate source of service information in the proposal) is 
incorrect, then other operators' fleets also could be affected.
    Based on this comment, the FAA worked in consultation with the 
Rijksluchtvaartdienst (RLD), which is the airworthiness authority for 
the Netherlands, and Fokker, to determine that 20 Model F28 Mark 0100 
series airplanes were excluded inadvertently from the effectivity 
listing of the

[[Page 9114]]

referenced service bulletin. Those 20 airplanes had provisions for the 
new exit signs incorporated during production; however, in accordance 
the operators' request, the airplanes were delivered with the old exit 
sign configuration. In light of this, those 20 airplanes are subject to 
the same unsafe condition addressed in the original proposal.
    Accordingly, the FAA has revised the applicability and the cost 
impact information of this supplemental NPRM to include the additional 
20 airplanes.

Conclusion

    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

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

    Note: For the additional 20 airplanes that have been added to 
the applicability of this supplemental NPRM, the estimated work 
hours, above, may be overstated, since many of the steps relevant to 
the installation have already been accomplished during production.

    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Fokker: 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 
otherwise 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 
exit 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, Standardization Branch, ANM-113. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (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.

    Issued in Renton, Washington, on February 21, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-4949 Filed 2-27-97; 8:45 am]
BILLING CODE 4910-13-U