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 all Fokker Model F.28 Mark 0070 and 0100 series airplanes was published in the Federal Register on October 13, 2000 (65 FR 60897). That action proposed to require revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures.
Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the two comments received.
Requests To Revise the Cost Estimate
On behalf of one of its members, the Air Transport Association (ATA) of America states that it considers that the inspections require access to multiple areas of the airplane and are scheduled at different time intervals. Therefore, the 1-hour time estimate in the proposed AD is not valid and needs to be adjusted. The member airline also made that same statement.
The FAA does not concur that the proposed cost estimate should be revised. We based our estimate on the fact that the action in paragraph (a) of the proposed AD requires only a revision to the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness by incorporating certain instructions into the ALS. This action should take no longer than 1 hour to accomplish. Although this AD requires only a revision to the ALS, we point out that the inspections included in the ALS will then be required by 14 CFR parts 43 and 91. Because operators must comply with the inspections included in the ALS to maintain the airplane properly, it is unnecessary for our cost estimate to include the time required for such inspections. Of course, operators that have previously incorporated the ALS revision into their maintenance programs are given credit for having previously accomplished the requirements of this AD, as allowed by the phrase, "unless accomplished previously." No change to the cost estimate in the final rule is necessary in this regard.
Request To Revise the Compliance Time for the Inspections
The ATA and the same member airline state that the proposed AD must include provisions for airplanes that have exceeded the limits specified in Report SE-623, "Airworthiness Limitation Items and Safe Life Items," of Appendix 1 of the Fokker 70/100 Maintenance Review Board Document. The provisions should be such that the tests can be accomplished during a normally scheduled out-of-service maintenance.
The FAA does not concur that a grace period needs to be included in the proposed AD for compliance with the Fokker report. Although we agree that some airplanes may have exceeded certain inspection thresholds in the report, the 30-day compliance time for revising the ALS of the Instructions for Continued Airworthiness allows operators sufficient time to accomplish the revision to the ALS. However, if scheduling conflicts occur and adjustments must be made for airplanes that exceed certain thresholds, operators may request an alternative method of compliance, as specified in paragraph (c) of this AD. No change to the final rule is necessary in this regard.
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.
Cost Impact
The FAA estimates that 131 Model F.28 Mark 0070 and 0100 series airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour 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 $7,860, or $60 per airplane.
The cost impact figure discussed above isbased 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 cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.
Regulatory Impact
The regulations adopted herein will 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is nota "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 asfollows:
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: