A proposal to amend part 39 of the Federal Aviation Regulations to include an airworthiness directive (AD) that is applicable to all British Aerospace Model BAC 1-11-200 and -400 series airplanes was published in the Federal Register on January 27, 1994 (59 FR 3798). That action proposed to require the inspection of certain landing gear brakes for wear, and the replacement of brakes if the wear limits prescribed in the proposal are not met. That action also proposed that the specified maximum brake wear limits be incorporated into the FAA-approved maintenance inspection program.
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 proposal.
Another commenter requests that NOTE 2 of the proposal be clarified. This commenter points out that proposed NOTE 2 states, ". . .Brake units having wear indicators setat 1.06 inch will be considered to be fully worn when either wear indicator pin is 1.0 inch or less above the surface of the carrier. . ." In effect, this wording permits a total brake wear (from new to fully worn brake) of only 0.06 inch. This clearly is incorrect. This commenter states that a correctly set wear indicator pin protrudes above the surface of the carrier when in normal operation, but will be flush with the surface when the brake is fully worn. Thus, the dimension by which the pin protrudes above the surface of the carrier is the amount of wear still available. Therefore, a wear indicator pin set for the existing limit of 1.06 inch will protrude above the surface of the carrier by 0.06 inch when the new wear limit of 1.00 inch is reached. The FAA concurs and has revised NOTE 2 of the final rule to clarify this point.
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 with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.
There are approximately 100 Model BAC 1-11-200 and -400 series airplanes of the affected design in the worldwide fleet.
The FAA estimates that 10 Model BAC 1-11-200 series airplanes of U.S. registry and 2 U.S. operators of these airplanes will be affected by this proposed AD. For these airplanes and operators, although the rule requires the incorporation of maximum brake wear limits into the FAA-approved maintenance inspection program, no other specific additional action, inspection, or part replacement costs relative to that requirement is involved; such actions are currently a part of the current maintenance program. However, it is estimated that it will take approximately 1 work hour, at an average labor rate of $55 per work hour, for each operator to incorporate the revision into its FAA-approved maintenance inspection program. Based on these figures, the total cost impact of the requirement to revise the FAA-approved maintenance inspection program on U.S. operators of Model BAC 1-11-200 series airplanes is estimated to be $110, or $55 per operator.
The FAA estimates that 20 Model BAC 1-11-400 series airplanes of U.S. registry and 19 U.S. operators of these airplanes will be affected by this AD. It is estimated that it will take approximately 1 work hour, at an average labor rate of $55 per work hour, for each operator to incorporate the revision into its FAA-approved maintenance inspection program. Based on these figures, the total cost impact of that requirement on U.S. operators of Model BAC 1-11-400 series airplanes is estimated to be $1,045, or $55 per operator.
Additionally, the FAA estimates that for operators of Model BAC 1-11-400 series airplanes, it will take approximately 2 work hours per airplane to shorten the wear pins for replacement brakes, and 8 work hours per airplane to change the brakes, at an average labor rate of $55 per work hour. The cost of required parts to accomplish the change in wear limits for these airplanes (that is, the cost resulting from the requirement to change the brakes before they are worn to their previously approved limits for a one-time change) is estimated to be $912 per airplane. Based on these figures, the total cost impact of these requirements on U.S. operators of Model BAC 1-11-400 series airplanes is estimated to be $29,240, or $1,462 per airplane.
The total 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.
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, 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: