68154 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

Executive Order 12988, Civil Justice

Reform

Executive Order 12988 sets forth

guidelines to promote the just and

efficient resolution of civil claims and to

reduce the risk of litigation to the

Federal Government.

The regulation meets the applicable

standards of sections 3(a) and 3(b) of

Executive Order 12988.

Paperwork Reduction Act

The Paperwork Reduction Act of

1995, 44 U.S.C. chapter 35, requires that

regulations involving the collection of

information receive clearance from

OMB. The regulation contains no such

collection of information requiring OMB

approval under the Paperwork

Reduction Act. Consequently, no

information has been submitted to OMB

for review under the Paperwork

Reduction Act.

Regulatory Flexibility Act

The Regulatory Flexibility Act applies

only to rules for which an agency

publishes a general notice of proposed

rulemaking pursuant to 5 U.S.C. 553(b)

(see 5 U.S.C. 601(2)). Because this action

is limited to the adoption of statutory

language, without interpretation, notice

and comment on this final rule is

unnecessary pursuant to 5 U.S.C.

553(b)(B). Therefore, the Regulatory

Flexibility Act does not apply to this

final rule.

Unfunded Mandates Act of 1995

OFHEO has determined that this final

rule will not result in expenditures by

State, local, and tribal governments, or

by the private sector of $100 million or

more in any one year. Accordingly, this

rulemaking is not subject to the

Unfunded Mandates Act of 1995.

List of Subjects in 12 CFR Part 1780

Administrative practice and

procedure, Penalties.

Accordingly, for the reasons set forth

in the preamble, OFHEO amends

chapter XVII of Title 12 of the Code of

Federal Regulations by adding Part 1780

to read as follows:

PART 1780—UNIFORM RULES OF

PRACTICE AND PROCEDURE

Subpart A—[Reserved]

Subpart B—[Reserved]

Subpart C—[Reserved]

Subpart D—[Reserved]

Subpart E—Civil Money Penalty Inflation

Adjustments

Sec.

1780.70 Inflation adjustments.

1780.71 Applicability.

Authority: 12 U.S.C. 4513, 4636; 28 U.S.C.

2461 note.

Subpart A—[Reserved]

Subpart B—[Reserved]

Subpart C—[Reserved]

Subpart D—[Reserved]

Subpart E—Civil Money Penalty

Inflation Adjustments

§ 1780.70 Inflation adjustments.

The maximum amount of each civil

money penalty within OFHEO’s

jurisdiction is adjusted in accordance

with the Debt Collection Improvement

Act of 1996 (28 U.S.C. 2461 note) as

follows:

U.S. Code citation Description Previous maximum penalty

New adjusted

maximum penalty

12 U.S.C. 4636(b)(1) .......... First Tier ................................................................................................................. $5,000 $5,500

12 U.S.C. 4636(b)(2) .......... Second Tier (Executive Officer or Director ............................................................ 10,000 11,000

12 U.S.C. 4636(b)(2) .......... Second Tier (Enterprise) ........................................................................................ 25,000 27,500

12 U.S.C. 4636(b)(3) .......... Third Tier (Executive Officer or Director) ............................................................... 100,000 110,000

12 U.S.C. 4636(b)(3) .......... Third Tier (Enterprise) ............................................................................................ 1,000,000 1,100,000

§ 1780.71 Applicability.

The inflation adjustments in § 1780.70

apply to civil money penalties assessed

in accordance with the provisions of 12

U.S.C. 4636 for violations occurring

after October 23, 1996.

Dated: December 22, 1997.

Mark A. Kinsey,

Acting Director, Office of Federal Housing

Enterprise Oversight.

[FR Doc. 97–33945 Filed 12–30–97; 8:45 am]

BILLING CODE 4220–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–174–AD; Amendment

39–10266; AD 98–01–02]

RIN 2120–AA64

Airworthiness Directives; Fokker F28

Mark 1000, 2000, 3000, and 4000 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Fokker Model F28

Mark 1000, 2000, 3000, and 4000 series

airplanes, that requires a one-time

visual inspection of the rear cargo door

and luggage auxiliary structure for

corrosion, repetitive borescope

inspections of the rear cargo door, and

removal and repair of any corrosion

found during the inspections. This

amendment also requires the drilling of

drain holes and application of a

corrosion preventive and sealing

compound inside the rear cargo door,

and modification of the rear cargo door

to aid in future routine borescope

inspections. This amendment is

prompted by reports of corrosion being

found in the affected areas on several of

the affected airplanes. The actions

specified by this AD are intended to

prevent such corrosion, which could

result in structural failure of the cargo

door and loss of the door during flight,

and consequent rapid decompression,

aerodynamic instability, and/or damage

to other fuselage structures.
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations 68155

DATES: Effective February 4, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February 4,

1998.

ADDRESSES: The service information

referenced in this AD 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 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:

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: 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 all Fokker Model

F28 Mark 1000, 2000, 3000, and 4000

series airplanes was published in the

Federal Register on May 30, 1997 (62

FR 29308). That action proposed to

require a one-time visual inspection of

the rear cargo door and luggage

auxiliary structure for corrosion,

repetitive borescope inspections of the

rear cargo door, and removal and repair

of any corrosion found during the

inspections. That action also required

the drilling of drain holes and

application of a corrosion preventive

and sealing compound inside the rear

cargo door, and modification of the rear

cargo door to aid in future routine

borescope inspections.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter indicates that the

proposed rule would have limited

impact on its operations since it intends

to retire the remainder of its fleet of

affected airplanes.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 37 airplanes

of U.S. registry will be affected by this

AD. It will take approximately 13 work

hours per airplane to accomplish the

required initial inspection, at an average

labor rate of $60 per work hour. The

FAA has no way of determining how

many repetitive inspections the owners/

operators will incur over the life of the

affected airplanes. Based on these

figures, the cost impact of the initial

inspection required by this AD on U.S.

operators is estimated to be $28,860, or

$780 per airplane.

It will take approximately 27 work

hours per airplane to accomplish the

required modification, at an average

labor rate of $60 per work hour.

Required parts will be supplied by the

manufacturer at no cost to the operators.

Based on these figures, the cost impact

of the modification required by this AD

on U.S. operators is estimated to be

$59,940, or $1,620 per airplane.

The cost impact figures discussed

above are 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 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 final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–01–02 Fokker: Amendment 39–10266.

Docket 96–NM–174–AD.

Applicability: All F28 Mark 1000, 2000,

3000, and 4000 series airplanes, certificated

in any category.

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 (c) 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 corrosion in the rear cargo door,

which could result in structural failure of the

cargo door and loss of the door during flight,

and consequent rapid decompression,

aerodynamic instability, and/or damage to

other fuselage structures, accomplish the

following:

(a) Within 2 years after the effective date

of this AD, accomplish the requirements of

paragraphs (a)(1), (a)(2), and (a)(3) of this AD,

in accordance with Fokker Service Bulletin

F28–52–111, dated March 12, 1994.

(1) Perform a one-time visual inspection of

the rear cargo door and luggage auxiliary

structure for corrosion. If any corrosion is

found, prior to further flight, remove and

repair it.

(2) Drill drain holes and apply a corrosion

preventive and sealing compound inside the

rear cargo door.

(3) Modify the rear cargo door to provide

inspection holes for borescope inspections.

(b) Within 6,000 hours time-in-service

(TIS) or 3 years after accomplishing the

visual inspection required by paragraph (a)(1)

of this AD, whichever occurs first; and

thereafter at intervals not to exceed 6,000

hours TIS or 3 years, whichever occurs first:

Perform a borescope inspection of the rear

cargo door for corrosion in accordance with
68156 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Rules and Regulations

Chapter 52–30–2 of the F28 Maintenance

Manual. If any corrosion is detected, prior to

further flight, remove and repair it in

accordance with the maintenance manual.

(c) 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 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.

(d) 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.

(e) Except as provided by paragraph (b) of

this AD, the actions shall be done in

accordance with Fokker Service Bulletin

F28–52–111, dated March 12, 1994. 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., Technical Support

Department, P.O. Box 75047, 1117 ZN

Schiphol Airport, 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 3: The subject of this AD is addressed

in Dutch airworthiness directive BLA No.

1995–126 (A), dated November 30, 1995.

(f) This amendment becomes effective on

February 4, 1998.

Issued in Renton, Washington, on

December 22, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–34003 Filed 12–30–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–281–AD; Amendment

39–10268; AD 98–01–04]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F27 Mark 050 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Fokker Model F27

Mark 050 series airplanes. This action

requires a one-time inspection of the

main landing gear (MLG) locklinks to

determine if the lockwire that secures

both platform bolts is in one piece and

in position; and corrective action, if

necessary. This amendment is prompted

by the issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified in this AD are

intended to prevent collapse of the MLG

due to failure of the locklinks to lock in

the down position.

DATES: Effective January 15, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 15,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

January 30, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

281–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD 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; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

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: The

Rijksluchtvaartdienst (RLD), which is

the airworthiness authority for the

Netherlands, notified the FAA that an

unsafe condition may exist on all

Fokker Model F27 Mark 050 series

airplanes. The RLD advises that an

operator of a Model F27 Mark 050 series

airplane reported an incident in which

the left main landing gear (MLG) had

failed to lock in the down position and

subsequently collapsed during roll-out

after landing. Subsequent investigation

revealed that, of the two bolts required

to secure the downlock platform of the

MLG locklink, one bolt was missing.

Because the downlock platform was

secured with only a single bolt, the

platform rotated and the MLG was

prevented from reaching its

overcentered and locked position. The

reason for the missing bolt is being

investigated and may be attributed to a

problem that occurred during

manufacture or maintenance.

Additionally, another operator reported

finding a broken and partly missing

lockwire and a loose affected bolt. Such

loose bolts or damaged/missing

lockwire, if not corrected, could result

in failure of the MLG to lock in the

down position, which could cause the

MLG to collapse.

Explanation of Relevant Service

Information

Fokker has issued Service Bulletin

SBF50–32–033, dated December 20,

1996, which describes procedures for a

one-time inspection of the MLG

locklinks to determine if the lockwire

that secures both platform bolts is in

one piece and in position; the service

bulletin also describes procedures for

correction of any discrepancy. The RLD

classified this service bulletin as

mandatory and issued Dutch

airworthiness directive BLA 1996–146

(A), dated December 23, 1996, in order

to assure the continued 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 21.19) 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 the

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, this AD requires accomplishment

of the actions specified in the service

bulletin described previously.

Cost Impact

None of the airplanes affected by this

action is on the U.S. Register. All

airplanes included in the applicability

of this rule currently are operated by

non-U.S. operators under foreign