Airworthiness directives: Fokker,

[Federal Register: January 15, 1999 (Volume 64, Number 10)]

[Rules and Regulations]

[Page 2555-2556]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15ja99-5]

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.

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. 99-811Filed1-14-99; 8:45 am]

   BILLING CODE 4910-13-P