This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

60897

Vol. 65, No. 199

Friday, October 13, 2000

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–122–AD]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F.28 Mark 0070 and 0100 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 0070 and 0100

series airplanes. This proposal would

require revising the Airworthiness

Limitations Section of the Instructions

for Continued Airworthiness to

incorporate life limits for certain items

and inspections to detect fatigue

cracking in certain structures. 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 ensure that fatigue cracking

of certain structural elements is detected

and corrected; such fatigue cracking

could adversely affect the structural

integrity of these airplanes.

DATES: Comments must be received by

November 13, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

122–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9–anm–

nprmcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 98–NM–122–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule 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 FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

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 98–NM–122–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–114, Attention: Rules Docket No.

98–NM–122–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, has notified the FAA

that a new revision of Appendix 1 of

Fokker 70/100 Maintenance Review

Board (MRB) Document has been

issued. [The FAA refers to the

information included in this appendix

as the Airworthiness Limitations

Section (ALS).] This new revision of

Appendix 1 of the MRB Document

affects all Fokker Model F.28 Mark 0070

and 0100 series airplanes. This new

revision provides mandatory

replacement times and structural

inspection intervals approved under

section 25.571 of the Joint Aviation

Requirements and the Federal Aviation

Regulations (14 CFR 25.571). As

airplanes gain service experience, or as

results of post-certification testing and

evaluation are obtained, it may become

necessary to add additional life limits or

structural inspections in order to ensure

the continued structural integrity of the

airplane.

The RLD advises that analysis of

fatigue test data has revealed that

certain inspections must be performed

at specific intervals to preclude fatigue

cracking in certain areas of the airplane.

In addition, the RLD advises that certain

life limits must be imposed for various

components on these airplanes to

preclude the onset of fatigue cracking in

those components. Such fatigue

cracking, if not corrected, could

adversely affect the structural integrity

of these airplanes.

60898 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Proposed Rules

Explanation of Relevant Service

Information

Fokker Services B.V. has issued

Appendix 1 of Fokker 70/100

Maintenance Review Board Document,

dated June 1, 2000, which specifies,

among other things, the following:

1. Life limit times for certain

structural components, or other

components or equipment.

2. Structural inspection times to

detect fatigue cracking of certain

Structural Significant Items (SSI’s).

The RLD classified this service

information as mandatory and issued

Dutch airworthiness directive BLA No.

1997–065.(A), dated July 31, 1997, in

order to assure the continued

airworthiness of these airplanes in the

Netherlands.

FAA’s Conclusions

The FAA has reviewed Appendix 1 of

the MRB Document and 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. Pursuant

to this bilateral airworthiness

agreement, the RLD has kept the FAA

informed of the situation described

above. These airplane models are

manufactured in the Netherlands and

are 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. The FAA has determined

that Appendix 1 of the MRB Document

must be incorporated into the ALS of

the Instructions for Continued

Airworthiness.

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

a revision to the ALS of the Instructions

for Continued Airworthiness. This

revision is necessary to incorporate

inspections to detect fatigue cracking of

certain SSI’s, and to revise inspection

intervals and life limits for certain

equipment and components specified in

the previously referenced maintenance

document.

Explanation of Action Taken by the

FAA

In accordance with airworthiness

standards requiring ‘‘damage tolerance

assessments’’ for transport category

airplanes [section 25.1529 of the Federal

Aviation Regulations (14 CFR 25.1529),

and the Appendices referenced in that

section], all products certificated to

comply with that section must have

Instructions for Continued

Airworthiness (or, for some products,

maintenance manuals) that include an

ALS. That section must set forth:

• Mandatory replacement times for

structural components,

• Structural inspection intervals, and

• Related approved structural

inspection procedures necessary to

show compliance with the damagetolerance requirements.

Compliance with the terms specified

in the ALS is required by sections 43.16

(for persons maintaining products) and

91.403 (for operators) of the Federal

Aviation Regulations (14 CFR 43.16 and

91.403).

In order to require compliance with

these inspection intervals and life

limits, the FAA must engage in

rulemaking, namely the issuance of an

AD. For products certificated to comply

with the referenced part 25

requirements, it is within the authority

of the FAA to issue an AD requiring a

revision to the ALS that includes

reduced life limits, or new or different

structural inspection requirements.

These revisions then are mandatory for

operators under section 91.403(c) of the

Federal Aviation Regulations (14 CFR

91.403), which prohibits operation of an

airplane for which airworthiness

limitations have been issued unless the

inspection intervals specified in those

limitations have been complied with.

After that document is revised, as

required, and the AD has been fully

complied with, the life limit or

structural inspection change remains

enforceable as a part of the

airworthiness limitations. (This is

analogous to AD’s that require changes

to the Limitations Section of the

Airplane Flight Manual.)

Requiring a revision of the

airworthiness limitations, rather than

requiring individual inspections, is

advantageous for operators because it

allows them to record AD compliance

status only once—at the time they make

the revision—rather than after every

inspection. It also has the advantage of

keeping all airworthiness limitations,

whether imposed by original

certification or by AD, in one place

within the operator’s maintenance

program, thereby reducing the risk of

non-compliance because of oversight or

confusion.

Difference Between Dutch

Airworthiness Directive and Proposed

Rule

Operators should note that, although

the Dutch airworthiness directive

includes Fokker Model F.27 Mark 50/60

series airplanes in the effectivity, this

AD includes only Fokker Model F.28

Mark 70/100 series airplanes in the

applicability. The FAA may consider

separate rulemaking action to address

ALS revisions for Fokker Model F.27

Mark 050 airplanes. (Fokker Model F.27

Mark 060 airplanes are not included in

the U.S. Type Certificate.)

Difference Between Dutch

Airworthiness Directive and Service

Information, and the Proposed Rule

Operators should note that, although

the Dutch airworthiness directive and

service information include certification

maintenance requirements (CMR’s), this

AD does not include those

requirements. Although the

manufacturer considers that CMR tasks,

which are applicable to the equipment

and systems, are necessary to maintain

the certificated standard level of

airworthiness, the FAA has determined

that the necessity for those actions is

based on statistical safety analyses of

various airplane systems prior to

issuance of an airplane Type Certificate

(TC). Therefore, CMR tasks are

undertaken for a different purpose than

are the actions required by this AD and

are intended to address a different

unsafe condition than is addressed in

this AD. However, if CMR tasks are

added or made more restrictive

following issuance of the TC, the FAA

will consider separate rulemaking

action to require accomplishment of

those additional actions.

Cost Impact

The FAA estimates that 131 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $7,860, 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

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Proposed Rules 60899

proposal would not have sufficient

federalism implications under Executive

Order 13132.

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 Services B.V: Docket 98–NM–122–

AD. 

Applicability: All Model F.28 Mark 0070

and 0100 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

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 ensure continued structural integrity of

these airplanes, accomplish the following:

Airworthiness Limitations Revision

(a) Within 30 days after the effective date

of this AD, revise the Airworthiness

Limitations Section (ALS) of the Instructions

for Continued Airworthiness by

incorporating Report SE–623, ‘‘Airworthiness

Limitation Items and Safe Life Items,’’ of

Appendix 1 of Fokker 70/100 Maintenance

Review Board Document, dated June 1, 2000,

into the ALS.

(b) Except as provided in paragraph (c) of

this AD: After the actions specified in

paragraph (a) of this AD have been

accomplished, no alternative inspections or

inspection intervals may be approved for the

structural elements specified in the

document listed in paragraph (a) of this AD.

Alternative Methods of Compliance

(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.

Special Flight Permits

(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.

Note 3: The subject of this AD is addressed

in Dutch airworthiness directive BLA No.

1997–065.(A), dated July 31, 1997.

Issued in Renton, Washington, on October

6, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–26309 Filed 10–12–00; 8:45 am]

BILLING CODE 4910–13–P

FEDERAL TRADE COMMISSION

16 CFR Part 307

Reopening and Extension of Time for

Comments Concerning Regulations

Implementing the Comprehensive

Smokeless Tobacco Health Education

Act of 1986

AGENCY: Federal Trade Commission.

ACTION: Notice of reopening and

extension of comment period.

SUMMARY: The Federal Trade

Commission (the ‘‘Commission’’) has

reopened and extended the date by

which comments must be submitted

concerning the review of its regulations

(‘‘smokeless tobacco regulations’’ or

‘‘the regulations’’) implementing the

Comprehensive Smokeless Tobacco

Health Education Act of 1986

(‘‘Smokeless Tobacco Act’’). This

document informs prospective

commenters of the change and sets a

new date of October 16, 2000 for the end

of the comment period.

DATES: Comments must be submitted on

or before October 16, 2000.

ADDRESSES: Written comments should

be identified as ‘‘16 CFR Part 307’’ and

sent to the Secretary, Federal Trade

Commission, Room H–159, 600

Pennsylvania Avenue, NW.,

Washington, DC 20580. The

Commission requests that the original

comment be filed with five copies, if

feasible. The Commission also requests,

if possible, that the comments be

submitted in electronic form on a

computer disc. (Programs based on DOS

or Windows are preferred. Files from

other operating systems should be

submitted in ASCII text format.) The

disc label should identify the

commenter’s name and the name and

version of the word processing program

used to create the document.

All comments will be placed on the

public record and will be available for

public inspection in accordance with

the Freedom of Information Act, 5

U.S.C. 552, and the Commission’s Rules

of Practice, 16 CFR 4.11, during normal

business days from 8:30 a.m. to 5 p.m.,

at the Public Reference Room, Room H–

130, Federal Trade Commission, 600

Pennsylvania Avenue, NW., Washington

DC 20580. In addition, comments will

be placed on the Internet at the FTC web

site: http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT:

Rosemary Rosso (202) 326–3076,

Division of Advertising Practices,

Bureau of Consumer Protection, Federal

Trade Commission, Washington, DC

20580, E-Mail (for questions or

information only): rrosso@ftc.gov.

SUPPLEMENTARY INFORMATION: On March

7, 2000, the Commission published in

the Federal Register a Request for

Comment on its regulations (‘‘smokeless

tobacco regulations’’ or ‘‘the

regulations’’) implementing the

Comprehensive Smokeless Tobacco

Health Education Act of 1986

(‘‘Smokeless Tobacco Act’’), 16 CFR Part

307, as part of its regulatory review

program. 65 FR 11944. The regulations

set forth the manner in which smokeless

tobacco manufacturers, importers, and

packagers must display and rotate the

three health warnings mandated by the

Smokeless Tobacco Act. The Federal