A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to Luscombe Model 8 series airplanes was published in the Federal Register on January 12, 1994 (59 FR 1676). The action proposed to supersede AD 79-25-05 with a new AD that would require replacing the existing aluminum vertical stabilizer forward attach fitting, P/N 28444 or P/N 28453, with a steel fitting manufactured by the Univair Aircraft Corporation (P/N U28444) or FAA-approved equivalent part.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the four comments received from three different commenters.
Two commenters propose including Luscombe part number (P/N) 28415 in the list of vertical stabilizer attach fittings that should be replaced as specified in paragraph (a) of the proposal. The FAA concurs and has changed paragraph (a) of the ADto include this P/N as well as P/N 28444 and P/N 28453.
These same two commenters request including Luscombe P/N 28455 as a replacement part for the vertical stabilizer attach fittings. This part has type design approval from the FAA, and the Don Luscombe Aviation History Foundation (DLAHF) holds a Parts Manufacturer Approval (PMA). The FAA concurs that this part should be referenced in the AD and has changed paragraph (a) of the AD to include the following:
"Replace the aluminum vertical stabilizer forward attach fitting, . . . with either Luscombe P/N 28455 manufactured by the DLAHF; a welded steel fitting manufactured by the Univair Aircraft Corporation, P/N U28444; or an FAA-approved equivalent part."
Both of these commenters request replacing the installation instructions referenced as Figure 1 in the proposal with DLAHF Service Recommendation #1, dated November 28, 1993. The commenters state that this publication is basically identical to Figure 1. The FAA concursthat this action should be accomplished in accordance with DLAHF Service Recommendation #1, dated November 28, 1993, and has changed the AD accordingly.
The third commenter recommends that the FAA more clearly state the Applicability of the proposal by only incorporating those Luscombe Model 8 series airplanes with round tip vertical stabilizers. This commenter states that all the applicable service difficulty history is based upon those stabilizers with round tips and there is no service difficulty history for those with square tips. The FAA concurs and has changed the Applicability statement of the AD to include: "Model 8 Series airplanes (all serial numbers) that have round-tipped vertical stabilizer installations, certificated in any category."
After careful review of all available information including the comments referenced above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for (1) the addition ofthe part numbers to the listing of the existing and replacement parts for the AD; (2) the incorporation of the DLAHF Service Recommendation #1, dated November 28, 1993, into the AD; (3) the Applicability change to the AD that limits the action to only those affected airplanes with round-tipped vertical stabilizer installations; and (4) minor editorial corrections. The FAA has determined that none of the AD modifications described above will change the meaning of the AD nor add any additional burden upon the public than was already proposed.
The FAA estimates that 2,029 airplanes in the U.S. registry will be affected by this AD, that it will take approximately 4 workhours per airplane to accomplish the required action, and that the average labor rate is approximately $55 an hour. Parts cost approximately $121 per airplane. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $1,097,689. This figure is based on the assumption that no affected operator has accomplished this action.
The Univair Aircraft Corporation has informed the FAA that 194 Luscombe P/N U-28444 tail fin fittings have been sold since 1984. Based on the assumption that each of these 194 fittings is installed on an affected airplane, the future cost impact estimate for this AD is reduced by $66,154 (4 hours labor X $55 + $121 parts X 194 airplanes) from $1,097,689 to $1,031,535.
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 copy of the final evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.
Section 39.13 - [AMENDED]
2. Section 39.13 is amended by removing AD 79-25-05, Amendment 39-3630, and by adding a new airworthiness directive to read as follows: