AD Amdt-39-10995

[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2555-2556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 99-811]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-250-AD; Amendment 39-10995; AD 99-02-06]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0100 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Fokker Model F.28 Mark 0100 series airplanes, 
that requires modification of the aft cabin sidewall area to improve 
decompression venting and, for certain airplanes, modification of the 
aft wardrobe/stowage area door and installation of decompression panels 
to improve decompression venting. This amendment is prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified by this AD are 
intended to prevent damage to the cabin floor in the event of sudden 
decompression in the cargo compartment, which could result in injury to 
passengers, reduced structural integrity of the airplane, and the loss 
of airplane systems.

DATES: Effective February 19, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 19, 1999.

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: 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: 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 F.28 Mark 
0100 series airplanes was published in the Federal Register on October 
15, 1998 (63 FR 55345). That action proposed to require modification of 
the aft cabin sidewall area to improve decompression venting. For 
certain airplanes, that action also proposed to require modification of 
the aft wardrobe/stowage area door and installation of decompression 
panels to improve decompression venting.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the intent of the proposed AD.

Request To Extend Compliance Time

    One commenter, an operator, states that its entire fleet is 
affected by the proposed requirement to accomplish the modification 
described in Fokker Service Bulletin SBF100-25-082, Revision 1, dated 
May 7, 1998. The commenter states that the labor and out-of-service 
time required to accomplish the modification cannot be completed during 
routine overnight maintenance, and should be scheduled when an airplane 
is normally out of service for an extended period. The commenter 
further notes that the proposed 24-month compliance period does not 
provide sufficient time to accomplish the work in this manner, and will 
require airplanes to be taken out of service specifically to complete 
the mandated modification.
    The FAA does not concur with the commenter's request to extend the 
compliance time. The FAA notes that the compliance time of both 
modifications is 26 months after the effective date of this AD, rather 
than 24 months as suggested by the commenter. In developing an 
appropriate compliance time for this action, the FAA considered not 
only the degree of urgency associated with addressing the subject 
unsafe condition, but also the manufacturer's and the Dutch 
airworthiness authority's recommendations regarding an appropriate 
compliance time, and an appropriate interval of time that parallels the 
normally scheduled maintenance for the majority of affected operators.
    In consideration of all of these factors, the FAA has determined 
that further delay of this modification is not appropriate. However, 
under the provisions of paragraph (c) of the final rule, the FAA may 
approve requests for adjustments to the compliance time if data are 
submitted that substantiate that such an adjustment would provide an 
acceptable level of safety.

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 127 airplanes of U.S. registry will be 
affected by this AD.
    For all airplanes, it will take approximately 12 work hours per 
airplane to accomplish the required modification of the aft cabin 
sidewall area, at an average labor rate of $60 per work hour. Required 
parts will cost approximately $3,450 per airplane. Based on these 
figures, the cost impact of this required modification on U.S. 
operators is estimated to be $529,590, or $4,170 per airplane.
    For airplanes equipped with an aft service/emergency door (70 
airplanes), it will take approximately 6 work hours per airplane to 
accomplish the required modification of the aft wardrobe/stowage area 
door and installation of decompression panels, at an average labor rate 
of $60 per work hour. Required parts will cost approximately $9,000 per 
airplane. Based on these figures, the cost impact of this required 
modification on U.S. operators is estimated to be $655,200, or $9,360 
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

[[Page 2556]]

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.


Sec. 39.13  [Amended]

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

99-02-06  Fokker Services B.V.: Amendment 39-10995. Docket 98-NM-
250-AD.

    Applicability: Model F.28 Mark 0100 series airplanes, serial 
numbers 11244 through 11504 inclusive, 11506, 11507, 11509, 11512 
through 11515 inclusive, 11517, 11519, 11520, 11522, 11523, and 
11527; 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 prevent damage to the cabin floor in the event of sudden 
decompression in the cargo compartment, which could result in injury 
to passengers, reduced structural integrity of the airplane, and the 
loss of airplane systems, accomplish the following:
    (a) For airplanes listed in Fokker Service Bulletin SBF100-25-
082, Revision 1, dated May 7, 1998: Within 26 months after the 
effective date of this AD, modify the aft cabin sidewall area to 
improve decompression venting in accordance with Fokker Service 
Bulletin SBF100-25-082, Revision 1, dated May 7, 1998.
    (b) For airplanes listed in Fokker Service Bulletin SBF100-25-
083, dated April 30, 1998: Within 26 months after the effective date 
of this AD, modify the aft wardrobe/stowage area door and install 
decompression panels to improve decompression venting in accordance 
with Fokker Service Bulletin SBF100-25-083, dated April 30, 1998.
    (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) The actions shall be done in accordance with Fokker Service 
Bulletin SBF100-25-082, Revision 1, dated May 7, 1998; and Fokker 
Service Bulletin SBF100-25-083, dated April 30, 1998; as applicable. 
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 1998-065 (A), dated May 29, 1998.

    (f) This amendment becomes effective on February 19, 1999.

    Issued in Renton, Washington, on January 7, 1999.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-811 Filed 1-14-99; 8:45 am]
BILLING CODE 4910-13-P