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 July 19, 1995 (60 FR 37038). For certain airplanes, that action proposed to require an inspection to determine the torque value of the attaching parts of the interlock mechanism of the large cargo doors, and adjustment of the torque values that are outside certain limits. For other airplanes, the action proposed to require removal of a spring from the interlock mechanism of the large cargo doors, and installation of a new microswitch bracket and two new springs in the interlock mechanism.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Support for the Proposal
One commenter supports the proposed rule.Request for Extension of Compliance Time
One commenter requests that the compliance time for the proposed actions be extended from the proposed 6 months to 12 months. This commenter, a U.S. operator, states that its fleet includes 40 of the 61 U.S.-registered airplanes that would be affected by the rule. Extending the compliance time to 12 months will allow the commenter to accomplish the required modifications during a scheduled "C" check, when the airplanes are brought to the main maintenance base for an extended hold. Adoption of the proposed 6-month compliance time would require that this commenter special-schedule its airplanes for the accomplishment of the modification at stations other than the main base; however, adoption of a 12-month compliance time would allow this commenter s fleet to be modified at the same place and by the same technicians familiar with the task.
The FAA does not concur with the commenter s request. In developing an appropriate compliance time for this AD, the FAA considered not only the safety implications, but the manufacturer s recommendations, the Dutch airworthiness authority s recommendations, the availability of required parts, and the practical aspect of accomplishing the modification within an interval of time that parallels normal scheduled maintenance for affected operators. The FAA also considered the fact that the referenced Fokker service bulletin (containing the procedures for accomplishing the required actions) has been available to all operators of Fokker Model F28 Mark 0100 series airplanes since August 1993; therefore, U.S. operators have had ample time since then to consider initiating those actions, which this AD ultimately mandates. In light of all of these items, the FAA finds that 6 months is the appropriate period of time that affected airplanes can be permitted to continue to operate without compromising safety. Under the provisions of paragraph (b) of the final rule, however, the FAA may consider requests for adjustments to the compliance time if data are submitted to 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 61 airplanes of U.S. registry will be affected by this AD.
For 7 of these airplanes, it will take approximately 6 work hours per airplane to accomplish the required inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the inspection required by this AD on U.S. operators of these airplanes is estimated to be $2,520, or $360 per airplane.
For the other 54 airplanes, it will take approximately 12 work hours per airplane to accomplish the required removal and installation, at an average labor rate of $60 per work hour. Required parts will cost approximately $1,200 per airplane. Based on these figures, the cost impact of the removal and installation required by this AD on U.S. operators of these airplanes is estimated to be $103,680, or $1,920 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 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 readas follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: