AD 96-21-05

Effective November 29, 1996.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 29, 1996.

Service information that applies to this AD may be obtained from Fairchild Aircraft, P.O. Box 790490, San Antonio, Texas 78279-0490; telephone (210) 824-9421. This information may also be examined at the Federal Aviation Administration (FAA), Central Region, Office of the Assistant Chief Counsel, Attention: Rules Docket 95-CE-40-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Mr. Hung Viet Nguyen, Aerospace Engineer, FAA, Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0150; telephone (817) 222-5155; facsimile (817) 222-5960.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Fairchild Aircraft SA226 and SA227 series airplanes was published in the Federal Register on September 19, 1995 (60 FR 48431). The action proposed to require drilling inspection access holes in the elevator torque tube arm, inspecting the elevator torque tube for corrosion, replacing any corroded elevator torque tube, and applying a corrosion preventive compound. Accomplishment of the proposed inspection access hole drilling, the inspection, and the corrosion preventive compound application as specified in the notice of proposed rulemaking (NPRM) would be in accordance with either Fairchild Service Bulletin (SB) 226-27-050 or Fairchild SB 227-27-028, both Issued: January 22, 1990.

Several reports of corrosion found in the elevator torque tube area on the affected airplanes prompted the proposal.

Interested persons have been afforded an opportunity to participate in the making of this amendment. One comment was received in favor of the proposal and no comments were received regarding the FAA's determination of the cost to the public.

Since issuing Fairchild SB 226-27-050, Fairchild Aircraft has designed an improved elevator torque tube, part number (P/N) 27-44026-007. The FAA has determined that airplane owners/operators of Fairchild Aircraft SA226 and SA227 series airplanes that have a P/N 27-44026-007 elevator torque tube installed should not have to accomplish the actions specified in the NPRM.

After careful review of all available information related to the subject presented above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for the exemption of those airplanes with a P/N 27-44026-007 elevator torque tube installed and minor editorial corrections. The FAA has determined that this exemption and the minor corrections will not change the meaning of the AD and will not add any additional burden upon the public than was already proposed.

The compliance time for this AD is presented in calendar time instead of hours time-in-service (TIS). The FAA has determined that a calendar time for compliance would be the most desirable method because the unsafe condition described by this AD is caused by corrosion. Corrosion can occur on airplanes regardless of whether the airplane is in service or on the ground.

The FAA estimates that 390 airplanes in the U.S. registry will be affected by this AD, that it will take approximately 10 workhours per airplane to accomplish the required action, and that the average labor rate is approximately $60 an hour. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $234,000. This figure is based on the assumption that no owner/operator of the affected airplanes has accomplished the required inspection access hole drilling, inspection, or corrosion preventive compound application. It also is based on the assumption that no elevator torque tube would be found corroded and need to be replaced. The FAA has no way of determining how many owners/operators of the affected airplanes may have already complied with this AD.

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.

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

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:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.