Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28029

modification required by this AD on

U.S. operators is estimated to be $7,260

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:

96–11–18 McDonnell Douglas: Amendment

39–9642. Docket 95–NM–188–AD.

Applicability: Model DC–9–80 series

airplanes and Model MD–88 airplanes,

having manufacturer’s fuselage numbers 924

through 1094 inclusive, and 1095 through

2113 inclusive; and Model MD–90 airplanes,

having manufacturer’s fuselage numbers

2094 through 2098 inclusive, and 2100;

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 that the length of the oxygen

mask lanyards is correct, so that the oxygen

canister will be properly activated when

needed during an emergency, accomplish the

following:

(a) For Model DC–9–80 series airplanes

and Model MD–88 airplanes, having

manufacturer’s fuselage numbers 1095

through 2113 inclusive; and Model MD–90

airplanes: Within 2 years after the effective

date of this AD, perform a one-time

measurement of the length of the oxygen

mask lanyards of the passenger service unit

(PSU) from the loop on the firing pin or

aluminum ring to the mask, in accordance

with McDonnell Douglas Service Bulletin

MD80–35–022, dated August 29, 1995 (for

Model DC–9–80 series airplanes and Model

MD–88 airplanes), or McDonnell Douglas

Service Bulletin MD90–35–001, dated August

29, 1995 (for Model MD–90 airplanes), as

applicable.

(1) If the length of all oxygen mask

lanyards is found to be within the limits

specified in the applicable service bulletin,

no further action is required by this

paragraph.

(2) If the length of any oxygen mask

lanyard is found to exceed the limits

specified in the applicable service bulletin,

prior to further flight, modify that oxygen

mask lanyard of the PSU in accordance with

the applicable service bulletin.

(b) For Model DC–9–80 series airplanes

having manufacturer’s fuselage numbers 924

through 1094 inclusive: Within 2 years after

the effective date of this AD, modify the

oxygen mask lanyards of the PSU in

accordance with McDonnell Douglas Service

Bulletin MD80–35–022, dated August 29,

1995.

(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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(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) The measurement and modification

shall be done in accordance with McDonnell

Douglas Service Bulletin MD80–35–022,

dated August 29, 1995 (for Model DC–9–80

series airplanes and Model MD–88

airplanes), or McDonnell Douglas Service

Bulletin MD90–35–001, dated August 29,

1995 (for Model MD–90 airplanes). 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

McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1–

L51 (2–60). Copies may be inspected at the

FAA, Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington; or at

the FAA, Los Angeles Aircraft Certification

Office, Transport Airplane Directorate, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(f) This amendment becomes effective on

July 9, 1996.

Issued in Renton, Washington, on May 23,

1996.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13609 Filed 6–3–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–172–AD; Amendment

39–9640; AD 96–11–16]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that requires

a one-time measurement during

refueling to determine the pressure in

each collector tank; for certain

airplanes, non-destructive test (NDT)

inspections to detect cracking or

deformations of the collector tank ribs

on each wing, and repair, if necessary;

and modification of top-hat stringers in

each outer wing tank. This amendment

is prompted by a report of damage to the
28030 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

ribs of the wing collector tank caused by

over-pressure in the collector tank

during refueling. The actions specified

by this AD are intended to prevent

cracking and deformation of the wing

collector tanks due to over-pressure,

which could result in reduced structural

integrity of the wing.

DATES: Effective July 9, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 9, 1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from Fokker Aircraft USA, Inc., 1199

North Fairfax Street, Alexandria,

Virginia 22314. 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:

Ruth E. Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1721; fax (206) 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 certain Fokker

Model F28 Mark 0100 series airplanes

was published in the Federal Register

on December 19, 1995 (60 FR 65256).

That action proposed to require:

1. a one-time measurement during

refueling to determine the pressure in

each collector tank;

2. for certain airplanes, nondestructive test (NDT) inspections to

detect cracking or deformations of the

collector tank ribs on each wing, and

repair, if necessary; and

3. modification of top-hat stringers in

each outer wing tank.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

All commenters supported the

proposal.

Request Not to Reference New Service

Information

Although all of the commenters

support the proposal, they have

concerns about the recommended

compliance times that are specified in a

recent revision to Fokker Service

Bulletin SBF100–57–030. The original

issue of the service bulletin was

referenced in the proposal as the

appropriate source of service

information related to the proposed

inspection. The commenters point out

that Revision 1 of that service bulletin,

which was released on September 27,

1995, now recommends that the

inspection be performed within a

shorter time period than that

recommended in the original issue of

the service bulletin. The commenters

state that, if the FAA were to reduce the

compliance period of the proposed AD

as recommended in Revision 1, then

they would be faced with scheduling

problems and/or increased costs

resulting from airplane downtime and

labor.

The commenters further point out that

Fokker’s reason for recommending the

more restrictive compliance time

specified in Revision 1, is that further

analyses could not completely exclude

the possibility of static electricity buildup during refueling. The commenters

consider this reason to be highly

improbable and maintain that it does

not constitute adequate justification for

the reduced compliance time.

For these reasons, the commenters

assert that, if the FAA were to issue a

supplemental proposed rule to propose

reducing the compliance to correlate

with the recommendations of Revision 1

of the service bulletin, they would

oppose adoption of the AD.

The FAA responds to these

commenters’ concern by stating that it

does not consider reducing the

compliance time of this AD to correlate

with the revised service bulletin to be

warranted. The FAA has based the

compliance time requirements of this

AD in consideration of the safety

implications, the average utilization rate

of the affected fleet, the practical aspects

of an orderly inspection of the fleet

during regular maintenance periods,

and the availability of required

modification parts. In addition, the FAA

has worked in consultation with the

airworthiness authorities of the

Netherlands and with Fokker to develop

the compliance time. The FAA has

determined that the compliance time

requirements, as specified in the

proposal and in this final rule, are

acceptable to correct the unsafe

condition in a timely manner.

Conclusion

After careful review of the available

data, including the comments 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 58 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 85

work hours per airplane to accomplish

the required actions, and that the

average labor rate is $60 per work hour.

Based on these figures, the cost impact

of the AD on U.S. operators is estimated

to be $295,800, or $5,100 per airplane.

The cost impact figure discussed

above is 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.
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28031

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–11–16 Fokker: Amendment 39–9640.

Docket 95–NM–172–AD.

Applicability: Model F28 Mark 0100

airplanes, serial numbers 11244 through

11277 inclusive, 11279, 11281 through 11287

inclusive, and 11289 through 11400

inclusive, 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 (g) 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 over-pressurization and/or

damage to the wing collector tanks, which

could result in reduced structural integrity of

the wings, accomplish the following:

(a) Within 45 days after the effective date

of this AD, perform a one-time measurement

during refueling to determine the pressure in

each collector tank in accordance with Part

1 of the Accomplishment Instructions of

Fokker Service Bulletin SBF100–57–030,

dated December 17, 1994.

Note 2: Pressure Limits Categories are

defined in Table 2 of Fokker Service Bulletin

SBF100–57–030, dated December 17, 1994.

(b) For Pressure Limits Category 1: Within

2 years after the effective date of this AD,

modify the four affected top-hat stringers

(2.32, 2.33, 2.34, and 2.35) in each outer wing

tank area by removing the restriction blocks,

in accordance with the Accomplishment

Instructions of Fokker Service Bulletin

SBF100–57–029, Revision 1, dated March 23,

1995.

(c) For Pressure Limits Categories 2

through 5: Except as provided by paragraph

(d) of this AD, prior to the number of

accumulated total flight cycles or within the

time specified in Table 1 of Fokker Service

Bulletin SBF100–57–030, dated December

17, 1994, whichever occurs earlier,

accomplish the requirements of paragraphs

(c)(1) and (c)(2) of this AD.

(1) Perform the Non-Destructive Test (NDT)

inspections specified in Part 2 of the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–030, dated

December 17, 1994, to detect cracking or

deformations of the collector tank ribs on

each wing at wing stations 1825, 2230, and

2635. These inspections are to be performed

in accordance with Fokker Service Bulletin

SBF100–57–030, dated December 17, 1994.

(2) Modify the four affected top-hat

stringers (2.32, 2.33, 2.34, and 2.35) in each

outer wing tank area by removing the

restriction blocks, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–029, Revision 1,

dated March 23, 1995.

(d) For Pressure Limits Category 6, and for

airplanes having pressure limits within the

limits specified in Categories 3 through 5 and

that have exceeded the number of

accumulated total flight cycles specified in

Table 1: Within 100 flight cycles, accomplish

the requirements of paragraphs (d)(1) and

(d)(2) of this AD.

(1) Perform the NDT inspections in

accordance with the procedures of Part 2 of

the Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–030, dated

December 17, 1994. The fueling pressure

must not exceed 25 pounds per square inch

(PSI) during refueling.

(2) Modify the four affected top-hat

stringers (2.32, 2.33, 2.34, and 2.35) in each

outer wing tank area by removing the

restriction blocks, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–029, Revision 1,

dated March 23, 1995.

(e) For Pressure Limits Category 7: Prior to

further flight following the measurement

required by paragraph (a) of this AD,

accomplish the requirements of paragraphs

(e)(1) and (e)(2) of this AD.

(1) Perform the NDT inspections in

accordance with the procedures of Part 2 of

the Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–030, dated

December 17, 1994.

(2) Modify the four affected top-hat

stringers (2.32, 2.33, 2.34, and 2.35) in each

outer wing tank area by removing the

restriction blocks, in accordance with the

Accomplishment Instructions of Fokker

Service Bulletin SBF100–57–029, Revision 1,

dated March 23, 1995.

(f) If any cracking or deformation is

detected during any inspection required by

this AD, prior to further flight, repair in

accordance with a method approved by the

Manager, Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate.

(g) 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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(h) 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.

(i) The measurement and inspections shall

be done in accordance with Fokker Service

Bulletin SBF100–57–030, dated December

17, 1994. The modification shall be done in

accordance with Fokker Service Bulletin

SBF100–57–029, Revision 1, dated March 23,

1995. 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 Aircraft USA, Inc., 1199 North

Fairfax Street, Alexandria, Virginia 22314.

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.

(j) This amendment becomes effective on

July 9, 1996.

Issued in Renton, Washington, on May 23,

1996.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13608 Filed 6–3–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–180–AD; Amendment

39–9641; AD 96–11–17]

RIN 2120–AA64

Airworthiness Directives; Beech

(Raytheon) Model BAe 125 Series

1000A and Model Hawker 1000

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Beech (Raytheon)

Model BAe 125 series 1000A and Model

Hawker 1000 airplanes, that requires a

one-time inspection for adequate

clearances between, and damage to, the

flap cables and turnbuckles, airbrakes

cables and turnbuckles, and all other

flight control cables and turnbuckles at

keel subframe 15A; and various followon actions, if necessary. This

amendment is prompted by reports of

chafing due to insufficient clearance

between the flaps turnbuckle and the

subframe, and between the airbrakes

cable and the subframe. The actions

specified by this AD are intended to

prevent such chafing, which could

result in damage to the flaps turnbuckle

and the airbrakes cable, and subsequent

fraying or seizing of the flight control

cables. These conditions, if not

corrected, could result in restriction or

loss of the flight controls.

DATES: Effective July 9, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 9, 1996.

ADDRESSES: The service information

referenced in this AD may be obtained