[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Rules and Regulations]
[Pages 7644-7646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3397]



[[Page 7644]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-CE-58-AD; Amendment 39-10318; AD 98-04-05]
RIN 2120-AA64


Airworthiness Directives; Fairchild Aircraft Incorporated Models 
SA226-TC, SA226-T, SA226-T(B), and SA226-AT Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Fairchild Aircraft Incorporated (Fairchild) Models 
SA226-TC, SA226-T, SA226-T(B), and SA226-AT airplanes. This action 
requires inspecting the center flap hinge and wing trailing edge ribs 
at the flap actuator attach brackets for cracks and if no cracks are 
found, installing a doubler on the rib, or replacing a cracked rib with 
a new rib assembly that is reinforced with a doubler. This action is 
the result of high local stress concentration, which led to fatigue 
cracking of the wing trailing edge ribs. The actions specified by this 
AD are intended to prevent asymmetrical flap deflection, which could 
force the airplane into an uncommanded roll with possible loss of 
control of the airplane.

DATES: Effective March 10, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 10, 1998.

ADDRESSES: Service information that applies to this AD may be obtained 
from Fairchild Aircraft Inc., P. O. Box 32486, San Antonio, Texas, 
78284; telephone (210) 824-9421. This information may also be examined 
at the Federal Aviation Administration (FAA), Central Region, Office of 
the Regional Counsel, Attention: Rules Docket 96-CE-58-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.

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

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to Fairchild Models 
SA226-TC, SA226-T, SA226-T(B), and SA226-AT airplanes was published in 
the Federal Register on June 11, 1997 (62 FR 31766). The action 
proposed to require:

--Inspecting the wing trailing edge ribs at wing stations (WS) 98.385 
and 100.635 for cracks,
--Replacing any cracked rib with a new rib assembly (part number (P/N) 
27-31085-1/2 or 27-31086-1/2 or an FAA-approved equivalent part 
number), and
--Installing a reinforcement doubler (P/N 27K36075-7 or an FAA-approved 
equivalent part number), whether or not cracks are found.

    Accomplishment of the proposed action would be in accordance with 
Fairchild Aircraft SA226 Series Service Bulletin SB 57-016, Issued: 
June 25, 1981; Revised: December 9, 1981.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.
    The commenter agrees with the proposed action and also notes a 
mistake in the serial numbers listed for the Model SA226-T(B) airplane 
in the applicability section of the proposed action. Instead of Model 
SA226-T(B), serial numbers T(B)275, and T(B)292 through T(B)378, the 
applicability section should read Model SA226-T(B), serial numbers 
T(B)276, and T(B)292 through T(B)378.
    The FAA concurs with this comment and will change the applicability 
in the AD to reflect the changed serial numbers for Model SA226-T(B) 
airplanes.

The FAA's Determination

    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 serial number change noted above and any minor editorial 
corrections. The FAA has determined that these minor corrections will 
not change the meaning of the AD and will not add any additional burden 
upon the public than was already proposed.

Cost Impact

    The FAA estimates that 240 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 100 workhours per 
airplane to accomplish the installation of the doubler and 180 
workhours per airplane to accomplish the installation of the new rib 
assembly and doubler, and that the average labor rate is approximately 
$60 an hour. Parts cost approximately $133 for both wing rib assemblies 
per airplane. The doubler can be manufactured from locally supplied 
materials. Based on these figures, the total cost impact of this AD on 
U.S. operators is estimated to be $2,623,920 for the U.S. fleet or 
$10,933 per airplane for the rib assembly and doubler installations. 
The labor cost for the doubler installation is $6,000 per airplane and 
the doubler can be manufactured from locally supplied materials.

Regulatory Flexibility Determination and Analysis

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily or 
disproportionately burdened by government regulations. The RFA requires 
government agencies to determine whether rules will have a 
``significant economic impact on a substantial number of small 
entities,'' and, in cases where the rule will have an economic impact, 
the agency making the rule is obligated to conduct a Regulatory 
Flexibility Analysis in which alternatives to the rule are considered. 
FAA Order 2100.14A, Regulatory Flexibility Criteria and Guidance, 
outlines FAA procedures and criteria for complying with the RFA. Small 
entities are defined as small businesses, small not-for-profit 
organizations that are independently owned and operated, or airports 
operated by small governmental jurisdictions. A ``substantial number'' 
is defined as a number that is not less than 11 and that is more than 
one-third of the small entities subject to a rule, or any number of 
small entities judged to be substantial by the rulemaking official. A 
``significant economic impact'' is defined by an annualized net 
compliance cost, adjusted for inflation, which is greater than a 
threshold cost level for defined entity types.
    There are an estimated 240 Fairchild SA226 series airplanes in the 
U.S. registry that will be affected by this action. For many of these 
airplanes, it is believed that the actions have already been completed. 
The entities affected by this AD are largely grouped in the Standard 
Industrial Classification (SIC) 4512, Operators of Aircraft for Hire, 
classified as ``Unscheduled.'' FAA Order 2100.14A, Regulatory 
Flexibility Criteria and Guidance, defines a small

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entity in this classification as one that owns or operates nine or 
fewer aircraft.
    In order to experience a significant economic impact under Order 
2100.14A, an operator of aircraft for hire, unscheduled, will have to 
incur annualized costs of $4975 (1996 dollars) or more. Costs are 
estimated to be approximately $6,000 per airplane if only the doubler 
plates are installed, or as much as $10,933 per airplane if any ribs 
are found cracked and a rib assembly replacement is required, in 
addition to installing the doubler plate. Annualized costs are 
dependent on the required work, the cost of capital for airplane 
owners/operators, and the expected length of time that the required 
changes are expected to be in use. Since the changes are assumed to be 
permanent, the service life of the changes is the remaining life of the 
airplane. The cost of capital for the airplane owners/operators is 
assumed to be 15 percent. Under these conditions, no owner/operator of 
a single airplane will be subject to significant costs if the expected 
remaining service life of the aircraft is more than:
    (a) 1.43 years (approximately 17 months), if the doubler plate 
installation is required; or
    (b) 2.9 years (approximately 35 months) if both the doubler plate 
installation and rib replacement is required.
    Ownership of the Model SA226 series airplanes (i.e.: the airplanes 
other than the Model SA226-TC) is very widely dispersed. There are five 
separate entities (excluding Swearingen) that show ownership of Model 
SA226 series airplanes in the U.S. Registry, each of which owns two 
Model SA226 series airplanes. According to the manufacturer, these 
airplanes typically have less than 10,000 hours total time-in-service 
(TIS), and are employed primarily as corporate aircraft with usage 
rates at approximately 400 hours TIS per year. Allocating a nominal 
remaining service life of 25,000 hours total TIS (out of a total 
service life of 35,000 hours) at the rate of 500 hours TIS per year, 
suggests remaining lives on the order of 50 years. Even with a 
remaining service life of half of this, or 25 years, annualized costs 
for both doubler plate installation and rib replacement would be on the 
order of $1,715. Thus, an owner of two such airplanes will experience 
annualized costs for the action of approximately $3,430, which is a 
figure less than 70 percent of threshold value for significant cost.
    The manufacturer indicates that most of the Fairchild Model SA226-
TC airplanes (80 of which were listed in the U.S. Registry records), 
have probably been modified under the 1981 service bulletin that will 
be made mandatory by this AD. Fairchild Model SA226-TC airplanes in 
service have average cumulative usage of approximately 25,000 to 30,000 
hours total TIS, with a likely average annual usage in cargo service of 
1,000 to 1,500 hours TIS, and an economic life of 35,000 hours total 
TIS. This suggests that most Fairchild Model SA226-TC airplanes have 
remaining lives of about five years (even without the modifications 
that are likely to extend the life of the aircraft). A five-year life 
for an airplane required to carry out both modifications implies that 
annualized costs will be approximately $3,300. Thus, an owner of a 
single aging unmodified Fairchild Model SA226-TC airplane will not 
experience a significant economic impact.
    According to U.S. Registry records, there are 12 entities 
(excluding Sweringen) that own 2 or more Fairchild Model SA226-TC 
airplanes, accounting for a total of 49 airplanes. Because of the age 
of the aircraft and the likelihood of compliance with the original 
service bulletin (dated 1981), the FAA believes that significant 
impacts will not be felt by most owners of these airplanes. In 
addition, the eight owners of two or more of these airplanes account 
for less than one-tenth of the affected entities. For these reasons, 
the FAA has determined that this AD will not have a significant 
economic impact on a substantial number of small aircraft operators. 
The FAA solicited comments concerning the impact of this action on 
small entity owners of affected airplanes. Based on the possibility 
that the AD could have a significant impact on a substantial number of 
small entities, the FAA conducted a regulatory flexibility analysis.
    A copy of the full Cost Analysis and Regulatory Flexibility 
Determination for this action may be examined at the FAA, Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 96-
CE-58-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri.

FAA's Aging Commuter Aircraft Policy

    This action is consistent with the FAA's aging commuter airplane 
policy. This policy simply states that reliance on repetitive 
inspections of critical areas on airplanes utilized in commuter service 
carries an unnecessary safety risk when a design change exists that 
could eliminate or, in certain instances, reduce the number of those 
critical inspections. The alternative to installing the doubler or the 
new rib assembly would be relying on repetitive inspections to detect 
damaged wing ribs.

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 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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

98-04-05 Fairchild Aircraft Inc.: Amendment 39-10318; Docket No. 96-
CE-58-AD.

    Applicability: The following Models and serial numbered 
airplanes, certificated in any category.

------------------------------------------------------------------------
                Models                             Serial Nos.          
------------------------------------------------------------------------
SA226-TC..............................  TC201 through TC379;            
SA226-T...............................  T201 through T275, and T277     
                                         through T291;                  

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SA226-T(B)............................  T(B)276, and T(B)292 through    
                                         T(B)378;                       
SA226-AT..............................  AT001 through AT069.            
------------------------------------------------------------------------

    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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 500 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.

    Note 2: The compliance time of this AD takes precedence over the 
compliance time in the Fairchild Service Bulletin referenced below.

    To prevent asymmetrical flap deflection, which could force the 
airplane into an uncommanded roll with possible loss of control of 
the airplane, accomplish the following:
    (a) Inspect both wing trailing edge ribs at the center flap 
actuator attach brackets, wing stations (WS) 98.385 and 100.635, for 
cracks in accordance with the ACCOMPLISHMENT INSTRUCTIONS section, 
PART A, of Fairchild Aircraft Service Bulletin (SB) 57-016, Issued: 
June 25, 1981; Revised: December 9, 1981.
    (1) If no cracks are found, prior to further flight, install the 
reinforcement doubler, part number(P/N) 27K36075-7, or an FAA-
approved equivalent part number, in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section, PART B of Fairchild SB 57-016, 
Issued: June 25, 1981; Revised: December 9, 1981.
    (2) If any cracks are found, prior to further flight, replace 
any cracked rib with a new rib assembly (P/N 27-31085-1/2 or 27-
31086-1/2 or an FAA-approved equivalent part number) and install the 
new reinforcement doubler (P/N 27K36075-7 or an FAA-approved 
equivalent part number) in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section, PART B and PART C of Fairchild SB 57-016, 
Issued: June 25, 1981; Revised: December 9, 1981.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Fort Worth Airplane Certification Office, 
2601 Meacham Boulevard, Fort Worth, Texas 76193-0150. The request 
shall be forwarded through an appropriate FAA Maintenance Inspector, 
who may add comments and then send it to the Manager, Fort Worth 
Airplane Certification Office.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from Fort Worth Airplane Certification Office.

    (d) The inspection, installation, and replacement required by 
this AD shall be done in accordance with Fairchild Service Bulletin 
SA226 Series SB 57-016, Issued: June 25, 1981; Revised: December 9, 
1981. 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 Fairchild Aircraft Inc., P.O. 
Box 32486, San Antonio, Texas, 78284. Copies may be inspected at the 
FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 
E. 12th Street, Kansas City, Missouri, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (e) This amendment (39-10318) becomes effective on March 10, 
1998.

    Issued in Kansas City, Missouri, on February 2, 1998.
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-3397 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-13-U