AD 95-19-02

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.

Final rule

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 thepresence 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 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.

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 adoptedherein 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.

39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: