A proposal to amend part 39 of the Federal Aviation Regulations 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 September 1, 1993 (58 FR 46136). That action proposed to require replacement of the existing bolts that attach the link assemblies on the dual actuator to the drive bracket on the horizontal stabilizer with improved bolts having a longer fatigue life, and performance of a functional test.
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.
The Air Transport Association (ATA) of America, on behalf of one of its members, requests withdrawal of the proposal. The commenter notes that only 20 airplanes in the U.S.-registered fleet would be affected by the proposed rule and thatthe proposed bolt replacement has already been accomplished on 5 U.S.-registered airplanes. The commenter also notes that the proposed actions will be performed on the 15 remaining airplanes in the U.S.-registered fleet, prior to the proposed compliance time of 13,500 total landings. Therefore, the commenter does not believe that an AD is necessary. The FAA does not agree. Issuance of this AD is necessary in order to ensure compliance for the remaining unmodified airplanes in the U.S.-registered fleet. Also, although the current U.S.-registered fleet size is relatively small, issuance of this AD will ensure accomplishment of the requirements on any affected airplane currently of foreign registry that is purchased by a U.S. operator and placed on the U.S. register in the future.
The same commenter also requests that an operational test of the horizontal stabilizer be accepted as an alternative to the lengthy proposed functional test, in the event that the FAA decides not to withdraw the proposed AD. The commenter asserts that bolt replacement would not affect horizontal stabilizer adjustment or rigging and therefore, the proposed functional test procedure is unnecessary. The commenter adds that Fokker has indicated that the operational test is acceptable, in lieu of the proposed functional test. The FAA does not concur, since the commenter did not submit enough data for the FAA to evaluate the proposed alternative method of compliance. However, the FAA may consider approval of an alternative method of compliance, in accordance with paragraph (c) of this AD, if such data were provided to justify the request and the operational test procedure is defined or referenced.
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 20 airplanes of U.S. registry will be affected by this AD, that it will take approximately 11 work hours per airplane to accomplish the required actions, and that the average labor rate is $55 per work hour. Required parts will cost approximately $1,100 per airplane. Based upon these figures, the total cost impact of the AD on U.S. operators is estimated to be $34,100, or $1,705 per airplane.
The FAA has been advised that 5 U.S.-registered airplanes have been modified in accordance with the requirements of this AD. Therefore, the future economic cost impact of this rule on U.S. operators is now only $25,575.
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 14 CFR part 39 of the Federal Aviation Regulations as follows:
PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: