27260 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(n) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0107, dated June 23, 2008; German 

Airworthiness Directive 2003–384, dated 

November 13, 2003; Dornier 328 Alert 

Service Bulletin ASB–328–27–036, Revision 

3, dated February 8, 2008; and Dornier 328 

Service Bulletin SB–328–27–459, Revision 2, 

dated February 8, 2008; for related 

information. 

Issued in Renton, Washington, on June 2, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13495 Filed 6–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0515; Directorate 

Identifier 2008–NM–071–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0070 and 0100 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Following a red illuminated ‘‘DOOR NOT 

LOCKED’’ status light indication on the door 

lock indication panel after lift off, the cabin 

crew operated the door lock handle. This 

resulted in inadvertent opening of the 

downward opening passenger door in 

flight. * * * 

After inspection, it was found that the false 

red light might be the result of an incorrect 

clearance between lever Part Number (P/N) 

A26997–003 and the Up-Limit Switch. If the 

Up-Limit Switch has an incorrect clearance, 

the combination with cabin differential 

pressure build-up after lift-off might result in 

a false steady illuminating red ‘‘DOOR NOT 

LOCKED’’ indication on the Door Indication 

Panel. * * * 

* * * * * 

The unsafe condition is inadvertent 

opening of the door lock handle in 

flight, which could result in rapid 

decompression of the airplane or 

ejection of a passenger or crewmember 

through the door. The proposed AD 

would require actions that are intended 

to address the unsafe condition 

described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by July 9, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 231, 2150 AE Nieuw-Vennep, 

the Netherlands; telephone +31 (0)252– 

627–350; fax +31 (0)252–627–211; email technicalservices.fokkerservices@

stork.com; Internet http://www.myfok

kerfleet.com You may review copies of 

the referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0515; Directorate Identifier 

2008–NM–071–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agency 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0020, 

dated January 28, 2008 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Following a red illuminated ‘‘DOOR NOT 

LOCKED’’ status light indication on the door 

lock indication panel after lift off, the cabin 

crew operated the door lock handle. This 

resulted in inadvertent opening of the 

downward opening passenger door in flight. 

It appeared that the cabin crew was unaware 

of the content of Fokker 70/100 Service Letter 

(SL) 272. This SL informs not to operate the 

door lock handle after the aircraft has started 

to move or before it has come to a complete 

standstill. 

After inspection, it was found that the false 

red light might be the result of an incorrect 

clearance between lever Part Number (P/N) 

A26997–003 and the Up-Limit Switch. If the 

Up-Limit Switch has an incorrect clearance, 

the combination with cabin differential 

pressure build-up after lift-off might result in 

a false steady illuminating red ‘‘DOOR NOT 

LOCKED’’ indication on the Door Indication 

Panel. The original Fokker Service Bulletin 

SBF100–52–044 and the associated Aircraft 

Maintenance Manual (AMM) task mentioned 

a clearance of 1,3 mm ± 0,3 mm. Later, based 

on a trial, an improved clearance of 0,3 mm 

± 0,2 mm was introduced. Both documents 

have been revised for that reason. Later 

production serial number aircraft with 

Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 27261 

downward opening passenger doors had the 

correct clearance introduced before delivery, 

but no action was taken to inspect and adjust 

the clearance on previously delivered or 

modified (per SBF100–52–044) serial 

numbers. 

Since an unsafe condition has been 

identified that is likely to exist or develop on 

other aircraft of the same type design, this 

[EASA] Airworthiness Directive (AD) 

requires two actions: 

—The installation of a warning placard near 

the status lights of the door lock indication 

panel, instructing the cabin crew not to 

operate the door handle during flight and 

to inform the flight crew of the ‘‘DOOR 

NOT LOCKED’’ indication; and 

—A one-time inspection of the clearance 

between lever P/N A26997–003 and the 

Up-Limit Switch. If this clearance deviates 

from the limits given in AMM task 52–71– 

01–400–814–A, which is 0,3 mm ± 0,2 mm 

(0.0118 inch ± 0.0079 inch), corrective 

actions are required. 

The unsafe condition is inadvertent 

opening of the door lock handle in 

flight, which could result in rapid 

decompression of the airplane or 

ejection of a passenger or crewmember 

through the door. The corrective action 

for improper clearance is adjusting the 

clearance between the lever and the uplimit switch. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Fokker Services B.V. has issued 

Fokker Service Bulletin SBF100–11– 

025, Revision 1, dated December 13, 

2007; and Fokker Service Bulletin 

SBF100–52–086, dated November 1, 

2007. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 10 products of U.S. registry. 

We also estimate that it would take 

about 4 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $20 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these costs. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $3,400, or $340 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect 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. 

For the reasons discussed above, I 

certify 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. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new AD: 

Fokker Services B.V.: Docket No. FAA– 

2009–0515; Directorate Identifier 2008– 

NM–071–AD. 

Comments Due Date 

(a) We must receive comments by July 9, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Fokker Model F.28 

Mark 0070 and 0100 series airplanes, 

certificated in any category, equipped with a 

downward-opening ‘‘airstair’’ type passenger 

door. 

Subject 

(d) Air Transport Association (ATA) of 

America Codes 11 and 52: Placards and 

Markings, and Doors, respectively. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Following a red illuminated ‘‘DOOR NOT 

LOCKED’’ status light indication on the door 

lock indication panel after lift off, the cabin 

crew operated the door lock handle. This 

resulted in inadvertent opening of the 

downward opening passenger door in flight. 

It appeared that the cabin crew was unaware 

27262 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 

of the content of Fokker 70/100 Service Letter 

(SL) 272. This SL informs not to operate the 

door lock handle after the aircraft has started 

to move or before it has come to a complete 

standstill. 

After inspection, it was found that the false 

red light might be the result of an incorrect 

clearance between lever Part Number (P/N) 

A26997–003 and the Up-Limit Switch. If the 

Up-Limit Switch has an incorrect clearance, 

the combination with cabin differential 

pressure build-up after lift-off might result in 

a false steady illuminating red ‘‘DOOR NOT 

LOCKED’’ indication on the Door Indication 

Panel. The original Fokker Service Bulletin 

SBF100–52–044 and the associated Aircraft 

Maintenance Manual (AMM) task mentioned 

a clearance of 1,3 mm ± 0,3 mm. Later, based 

on a trial, an improved clearance of 0,3 mm 

± 0,2 mm was introduced. Both documents 

have been revised for that reason. Later 

production serial number aircraft with 

downward opening passenger doors had the 

correct clearance introduced before delivery, 

but no action was taken to inspect and adjust 

the clearance on previously delivered or 

modified (per SBF100–52–044) serial 

numbers. 

Since an unsafe condition has been 

identified that is likely to exist or develop on 

other aircraft of the same type design, this 

[EASA] Airworthiness Directive (AD) 

requires two actions: 

—The installation of a warning placard near 

the status lights of the door lock indication 

panel, instructing the cabin crew not to 

operate the door handle during flight and 

to inform the flight crew of the ‘‘DOOR 

NOT LOCKED’’ indication; and 

—A one-time inspection of the clearance 

between lever P/N A26997–003 and the 

Up-Limit Switch. If this clearance deviates 

from the limits given in AMM task 52–71– 

01–400–814–A, which is 0,3 mm ± 0,2 mm 

(0.0118 inch ± 0.0079 inch), corrective 

actions are required. 

The unsafe condition is inadvertent 

opening of the door lock handle in flight, 

which could result in rapid decompression of 

the airplane or ejection of a passenger or 

crewmember through the door. The 

corrective action for improper clearance is 

adjusting the clearance between the lever and 

the up-limit switch. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 500 flight cycles or 4 months 

after the effective date of this AD, whichever 

occurs first, install a new warning placard 

near the status lights of the panel of the door 

lock indication, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–11–025, Revision 1, 

dated December 13, 2007. 

(2) Within 4,000 flight cycles after the 

effective date of this AD, do a one-time 

inspection of the clearance between lever P/ 

N A26997–003 and the up-limit switch, in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–52–086, dated November 1, 2007. 

(3) If any clearance is found outside the 

range defined in the service bulletin during 

the inspection required by paragraph (f)(2) of 

this AD, before further flight, correct the 

clearance in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–52–086, dated 

November 1, 2007. 

(4) If done before the effective date of this 

AD, installing the warning placard near the 

status lights of the panel of the door lock 

indication, in accordance with Fokker 

Service Bulletin SBF100–11–025, dated 

November 1, 2007, is acceptable for 

compliance with the requirements of 

paragraph (f)(1) of this AD. 

(5) Modifying the airplane in accordance 

with Fokker Service Bulletin SBF 100–52– 

044, Revision 1, dated November 1, 2007, 

terminates the requirements of paragraph 

(f)(2) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Note 1 of the ‘‘Compliance’’ section of 

European Aviation Safety Agency 

Airworthiness Directive 2008–0020, dated 

January 28, 2008, states that any airplane that 

has not yet been modified in accordance with 

Fokker Service Bulletin SBF 100–52–069, 

dated December 3, 2001, must be done prior 

to or concurrently with paragraph (f)(1) of 

this AD. However, all U.S. airplanes have 

met this requirement with issuance of AD 

2006–03–07, amendment 39–14471; 

therefore, modification in accordance with 

Fokker Service Bulletin SBF 100–52–069, 

dated December 3, 2001, is not applicable. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2008–0020, dated January 28, 2008, 

and Fokker Service Bulletin SBF100–11–025, 

Revision 1, dated December 13, 2007; and 

Fokker Service Bulletin SBF100–52–086, 

dated November 1, 2007; for related 

information. 

Issued in Renton, Washington, on June 1, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13350 Filed 6–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Parts 617, 618, 665, and 671 

RIN 1205–AB32 and 1205–AB40 

Withdrawal of Certain Proposed Rules 

for Trade Adjustment Assistance 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice of withdrawal. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) 

announces the withdrawal of two 

notices of proposed rulemaking 

(NPRMs) on the Trade Adjustment 

Assistance for Workers (TAA) and 

Alternative Trade Adjustment 

Assistance for Older Workers (ATAA) 

programs under the Trade Act of 1974, 

as amended (Trade Act). These 

proposed rules are withdrawn because 

the American Recovery and 

Reinvestment Act of 2009, commonly 

known as the Recovery Act, 

significantly amended the authorizing 

legislation, superseding the two NPRMs. 

DATES: The proposed rules identified in 

this document are withdrawn as of June 

9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Erica Cantor, Administrator, Office of 

National Response, ETA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room C–5311, 

Washington, DC 20210. Telephone: 

(202)–693–3560 (voice) (this is not a 

toll-free number); individuals with 

hearing or speech impairments may 

access the telephone number via TTY by 

calling the toll-free Federal Information 

Relay Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: The TAA 

program, under chapter 2 of title II of 

the Trade Act, provides adjustment 

assistance (including training, income