[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Rules and Regulations]
[Pages 48636-48638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22303]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-214-AD; Amendment 39-9363; AD 95-19-02]
Airworthiness Directives; Fokker Model F28 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 F28 Mark 0100 series airplanes, that
requires replacement of the flight control lock (FCL) handle and switch
with a modified unit. This amendment is prompted by a report of sudden
engagement of the FCL system during approach for landing. The actions
specified by this AD are intended to prevent inadvertent engagement of
the FCL system during flight and subsequent reduced controllability of
the airplane.
DATE: Effective October 20,1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 20, 1995.
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: Tim Dulin, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2141; fax (206) 227-1149.
[[Page 48637]]
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 27,
1994 (59 FR 66494). That action proposed to require replacement of the
flight control lock (FCL) handle and switch with a modified unit.
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 proposed rule.
One commenter requests that the compliance time of one year be
extended to a calendar date of September 1997. The commenter explains
that 10 work hours are necessary to accomplish the required
replacement, and that this figure is considerably more than that
estimated in the proposal. Therefore, in order to accomplish the
modification on its affected fleet within the proposed compliance time,
the commenter indicates that it would be required to special schedule
the replacement. The commenter adds that such special scheduling would
be disruptive to its operating schedule and would result in additional
expense over that estimated in the economic impact information
specified in the proposal. The commenter states that extending the
compliance time to September 1997 would allow it to accomplish the
modification during scheduled maintenance visits.
The FAA does not concur with the commenter's request to extend the
compliance time. 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 the availability of
required parts and the practical aspect of accomplishing the required
replacement within an interval of time that parallels regularly
scheduled maintenance for the majority of affected operators. The FAA
finds that a compliance time of one year, as proposed, should provide
ample time for the replacement to be accomplished during scheduled
maintenance intervals. Further, the FAA has determined that the
compliance time, as proposed, represents the maximum interval of time
allowable for the affected airplanes to continue to operate prior to
accomplishing the required replacement without compromising safety.
While the commenter cites the number of work hours as its primary
reason that special scheduling would be necessary, the commenter
provides no data demonstrating that extending the compliance time would
not compromise safety, nor does the commenter suggest any alternative
actions to ensure safe operation in the interim. In addition, the FAA
based its work hour estimate on the service bulletin option not to
remove the FCL handle assembly from the pedestal when performing the
replacement. The FAA would consider a request for an adjustment of the
compliance time, however, in accordance with the provisions of
paragraph (b) of this AD, provided that adequate justification is
presented to support such a request.
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.
The FAA estimates that 75 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 3 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will cost approximately
$1,000 per airplane. Based on these figures, the total cost impact of
the AD on U.S. operators is estimated to be $88,500, or $1,180 per
airplane.
The total 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.
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 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-19-02 Fokker: Amendment 39-9363. Docket 94-NM-214-AD.
Applicability: Model F28 Mark 0100 series airplanes, serial
numbers 11244 through 11419 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 use the authority
provided in paragraph (b) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced controllability of the airplane, accomplish
the following:
(a) Within one year after the effective date of this AD, remove
the existing flight control lock (FCL) handle and switch and replace
it with a modified FCL handle and switch, in accordance with Fokker
Service Bulletin SBF100-27-051, Revision 1, dated May 6, 1994.
(b) 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,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an
[[Page 48638]]
appropriate FAA Principal Maintenance Inspector, who may add comments
and then send it to the Manager, Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) 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.
(d) The replacement shall be done in accordance with Fokker
Service Bulletin SBF100-27-051, Revision 1, dated May 6, 1994. 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.
(e) This amendment becomes effective on October 20,1995.
Issued in Renton, Washington, on September 1, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-22303 Filed 9-19-95; 8:45 am]
BILLING CODE 4910-13-U
