[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Rules and Regulations]
[Pages 50909-50912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21053]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-62-AD; Amendment 39-11874; AD 2000-17-01]
RIN 2120-AA64


Airworthiness Directives; Fairchild Aircraft, Inc. Models SA226-
T, SA226-AT, SA226-T(B), SA226-TC, SA227-AT, SA-227-TT, and SA-227-AC 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 92-01-
02, which currently requires you to accomplish the following on certain 
Fairchild Aircraft SA226 and SA227 series airplanes: modify the parking 
brake system; and inspect (repetitively) certain landing gear brake 
assemblies. That AD resulted from wheel brake system malfunctions on 
several of the affected airplanes where regular brake system 
maintenance had been performed. This AD retains the modification and 
inspection requirements of AD 92-01-02 and incorporates inspection and 
replacement requirements for additional landing gear brake assemblies. 
The actions specified by this AD are intended to prevent wheel brake 
system malfunctions that could result in a fire in the brake area.

DATES: This AD becomes effective on October 6, 2000.
    The Director of the Federal Register previously approved the 
incorporation by reference of certain publications listed in the 
regulation as of January 16, 1992 (56 FR 65824, December 19, 1991).

ADDRESSES: You may get the service information referenced in this AD 
from Fairchild Aircraft, Inc., P.O. Box 790490, San Antonio, Texas 
78279-0490; telephone: (210) 824-9421; facsimile: (210) 820-8609 and 
B.F. Goodrich Aircraft Wheels and Brakes, P.O. Box 340, Troy, Ohio 
45373.
    You may examine this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 99-CE-62-AD, 901 Locust, Room 506, 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: Werner Koch, Aerospace Engineer, FAA, 
Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, 
Texas 76193-0150; telephone: (817) 222-5133; facsimile: (817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

What Caused This AD?

    AD 92-01-02 , Amendment 39-39-8125 (56 FR 65824, December 19, 
1991), currently requires you to accomplish the following on certain 
Fairchild SA226 and SA227 series airplanes:
    --Modify the parking brake system; and
    --Inspect (repetitively) certain landing gear brake assemblies.
    The inspection requirements of AD 92-01-02 only apply to airplanes 
equipped with B.F. Goodrich landing gear brake assemblies, part number 
2-1203-3. The FAA has received service reports on B.F. Goodrich landing 
gear brake assemblies, part numbers 2-1203 and 2-1203-01, that indicate 
these brake assemblies should also be inspected for wear.

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that

[[Page 50910]]

would apply to certain Fairchild SA226 and SA227 series airplanes. This 
proposal published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on February 16, 2000 (65 FR 7794). The NPRM proposed 
to supersede AD 92-01-02, Amendment 398125, by retaining the 
modification and inspection requirements of AD 92-01-02, and would 
incorporate the additional landing gear brake assemblies previously 
referenced.

What Is the Potential Impact if FAA Took No Action?

    These actions are necessary to prevent wheel brake system 
malfunctions. If we did not take action, this could result in a fire in 
the brake area.

Was the public invited to comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Issue No. 1: Incorrect Part Number Referenced

What Is the Commenters' Concern?

    Two commenters state that FAA incorrectly referenced in several 
places the part number (P/N) 2-1203-1 B.F. Goodrich landing gear brake 
assemblies as P/N 2-1203-01.

What Is FAA's Response to the Concern?

    We concur and have corrected all reference to this part number in 
the final rule.

Comment Issue No. 2: Change the Wording in the AD

What Is the Commenter's Concern?

    One commenter requests that FAA revise the last sentence in 
paragraph 3 of the Discussion section in the NPRM to indicate that our 
intent is to reduce the wear and clearance limits, not focus on the 
inspection. The commenter states that because all brake assemblies are 
inspected for wear and clearance per the aircraft maintenance manual, 
the emphasis of the AD should be to reduce the maximum allowed 
clearance.

What Is FAA's Response to the Concern?

    We agree with the proposed wording change and will incorporate it 
into the final rule as appropriate. We also concur that the focus 
should be on reducing the maximum allowed clearance. However, the AD 
must also emphasize the inspection since one of the main actions of the 
AD is to repetitively inspect and conduct measurements of the brake 
wear and clearance limits.

Comment Issue No. 3: Service Difficulty Reports

What Is the Commenters' Request?

    One commenter requests copies of the service difficulty reports on 
the P/N 2-1203 landing gear brake assemblies.

What Is FAA's Response to the Request?

    You may obtain service difficulty reports from: Regulatory Support 
Division, AFS-600, Federal Aviation Administration (FAA), P.O. Box 
25082, Oklahoma City, OK 73125; Telephone: (405) 954-6501, Facsimile: 
(405) 954-4104.

Comment Issue No. 4: Apply the AD to Brake Assemblies Modified by a 
Rapco Parts Manufacture Approval (PMA)

What Is the Commenters' Concern?

    One commenter states that, as written, the proposed AD does not 
apply to B.F. Goodrich brake assemblies that have been modified with 
Rapco PMA parts. The commenter requests that FAA change the proposed AD 
to reflect these parts.

What Is FAA's Response to the Concern?

    We concur that the NPRM, as written, may not communicate that the 
action should also affect B.F. Goodrich brake assemblies modified with 
Rapco PMA parts. FAA policy is to not reference specific equivalent PMA 
parts in AD's. If the PMA parts are not equivalent and the unsafe 
condition applies specifically to these PMA parts, we will write the AD 
against these parts. However, we generally include a statement of ``or 
FAA-approved equivalent part number(s)'' after the referenced part 
number to account for PMA equivalent parts. The FAA inadvertently left 
this phrase out of the NPRM, and will add it to the final rule 
accordingly. If these Rapco PMA parts are installed, then the actions 
of this AD will apply because the parts are an FAA-approved equivalent 
to the B.F. Goodrich brake assemblies.

Comment Issue No. 5: The Cost Impact Is Incorrect Because FAA Does 
Not Take Into Account the Reduced Life of the Brake Linings

What Is the Commenters' Concern?

    One commenter states that FAA did not take into account the effect 
the reduced life of the brake linings have on the cost impact of the 
proposed AD. We infer that the commenter wants us to change the cost 
impact to reflect this effect.

What Is FAA's Response to the Concern?

    We concur that the reduced allowable wear life of the B.F. Goodrich 
brake assemblies will present a cost impact. However, we are unable to 
determine these associated costs because we cannot predict the usage 
rate of the Fairchild SA226 and SA227 series airplane fleet. Therefore, 
we are not changing the AD as a result of this comment.

Comment Issue No. 6: The Proposed Compliance Time Does Not Account 
for the Reduced Wear and Clearance Limits

What Is the Commenters' Concern?

    One commenter states that FAA did not take into account the effect 
that the reduced wear and clearance limits would have when establishing 
the compliance times. The commenter suggests inspection of the brake 
assemblies every 50 landings because the brake life will be reduced 
23.4 percent and the average life will be approximately 6 months of 
service.

What Is FAA's Response to the Concern?

    We partially concur with the commenter's assessment of the reduced 
brake life. Assuming a nominal adjustment brake clearance of .0175 
inches, we calculate the reduction in brake wear life to 17.7 percent 
instead of 23.4 percent when the maximum clearance is reduced from .300 
inches to .250 inches.
    The repetitive inspection compliance time interval will remain at 
250 hours time-in-service (TIS), unless the clearance is .200 inches or 
more, but less than .250 inches. If the clearance is in this range, you 
would have to inspect at intervals of 75 hours TIS until the brake 
assembly is replaced (when the maximum clearance is .250 inches or 
more).

Comment Issue No. 7: Certain Aspects of the Plain Language Writing 
Style Are Not Appropriate for AD's

What Is the Commenters' Concern?

    One commenter provides feedback to FAA on its initiative to improve 
the writing style used in regulatory documents. The initiative is based 
on a Presidential memorandum of June 1, 1998, which requires federal 
agencies to communicate more clearly with the public.

What Is FAA's Response to the Concern?

    We appreciate the feedback on our initiative to better communicate 
with those affected by airworthiness directives. We will consider the 
specific ideas of the commenter, along with

[[Page 50911]]

those that others submitted on other AD actions, in determining what 
changes or improvements are needed in the way we draft AD's.

The FAA's Determination

What Is FAA's Final Determination on This Issue?

    We carefully reviewed all available information related to the 
subject presented above and determined that air safety and the public 
interest require the adoption of the rule as proposed except for the 
changes discussed above. These changes provide the intent that was 
proposed in the NPRM for correcting the unsafe condition and do not 
impose any additional burden than what was intended in the NPRM.

Are There Differences Between This AD and the Service Information?

    B.F. Goodrich Service Letter No. 1498, dated October 26, 1989, 
specifies maximum clearance brake wear limits of .300-inch for the B.F. 
Goodrich landing gear brake assemblies, part numbers 2-1203 and 2-1203-
01. This AD will establish these limits at .250-inch to coincide with 
the wear limits on the part number 2-1203-03 landing gear brake 
assemblies.

Cost Impact

How Many Airplanes Does the Proposed AD Impact?

    The FAA estimates that 330 airplanes in the U.S. registry will be 
affected by this AD.

What Is the Cost Impact of the Initial Inspection on Owners/Operators 
of the Affected Airplanes?

    We estimate that it will take approximately 6 workhours per 
airplane to accomplish the modification and initial inspection, and 
that the average labor rate is approximately $60 an hour. Parts to 
accomplish the modification cost approximately $500 per airplane. Based 
on these figures, the total cost impact of this AD on U.S. operators is 
estimated to be $283,800, or $860 per airplane.

What About the Cost of Repetitive Inspections?

    The figures above only take into account the cost of the initial 
inspection and do not take into account the cost of repetitive 
inspections. The FAA has no way of determining how many repetitive 
inspections each owner/operator of the affected airplanes will incur.

What Is the Cost if I Already Accomplished the Initial Inspection and 
Modification as Required by AD 92-01-02?

    The only impact for those airplane owners/operators who already 
complied with both the initial inspection and modification requirements 
of AD 92-01-02 will be the cost of the repetitive inspections. The only 
difference between this AD and AD 92-01-02 is the addition (to the 
inspection requirement) of the B.F. Goodrich landing gear brake 
assemblies, part numbers 2-1203 and 2-1203-01.

Regulatory Impact

Does This AD Impact Various Entities?

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    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, under 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. FAA amends Section 39.13 by removing Airworthiness Directive 
(AD) 92-01-02, Amendment 39-8125 (56 FR 65824, December 19, 1991), and 
by adding a new AD to read as follows:

2000-17-01 Fairchild Aircraft, Inc.: Amendment 39-11874; Docket No. 
99-CE-62-AD; Supersedes AD 92-01-02, Amendment 39-8125.

    (a) What airplanes are affected by this AD? The following 
airplane models and serial numbers, certificated in any category.

------------------------------------------------------------------------
                Model                           Serial numbers
------------------------------------------------------------------------
SA226-T.............................  T201 through T275, and T277 thru
                                       T291.
SA226-T(B)..........................  T(B) 276 and T(B) 292 through T(B)
                                       417.
SA226-AT............................  AT001 through AT074.
SA226-TC............................  TC201 through TC419.
SA227-TT............................  TT421 through TT555.
SA227-AT............................  AT423 through AT599.
SA227-AC............................  AC406, AC415, AC416, and AC420
                                       through AC599.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes on the U.S. Register must comply with 
this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent wheel brake system malfunctions that 
could result in a fire in the brake area.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Action                Compliance time         Procedures
------------------------------------------------------------------------
(1) Modification: For all     Within 90 calendar    The instructions
 affected airplanes, modify    days after January    included in either
 the parking days after        16, 1992 (the         Fairchild Service
 brake system.                 effective date of     Bulletin (SB) 227-
                               AD 92-01-02).         32-017 or Fairchild
                                                     SB 226-32-049, both
                                                     Issued: November
                                                     14, 1984, as
                                                     applicable.

[[Page 50912]]

 
(2) Initial Inspection: For   Required at the       Use the procedures
 all affected airplanes        times that follow:.   in B.F. Goodrich
 equipped with a B.F.         (i) For any            No. 1498, Issued:
 Goodrich landing gear brake   installed B.F.        October 26, 1989.
 assembly, part number 2-      Goodrich landing      The wear and
 1203, 2-1203-1, 2-1203-3,     gear brake            maximum clearance
 or an FAA-approved            assembly, P/N 2-      limits specified in
 equivalent part number,       1203-3 (or FAA-       this AD take
 inspect and conduct           approved equivalent   precedence over
 measurements of the brake     part number):         those specified in
 wear and clearance limits.    Within 100 hours      the service
                               time-in-service       information.
                               (TIS) after January
                               16, 1992 ((the
                               effective date of
                               AD 92-01-02).
                              (ii) For any
                               installed B.F.
                               Goodrich landing
                               gear brake
                               assembly, P/N 2-
                               1203 or 2-1203-1
                               (or FAA-approved
                               equivalent part
                               number): Within the
                               next 100 hours TIS
                               after October 6,
                               200 (the effective
                               date of this AD).
                              (iii) For any B.F.
                               Goodrich landing
                               gear brake
                               assembly, P/N 2-
                               1203, 2-1203-1, or
                               2-1203-3 (or FAA-
                               approved equivalent
                               part number), that
                               is installed after
                               October 6, 2000
                               (the effective date
                               of this AD): Within
                               250 hours TIS after
                               installation.
(3) Overhaul or Replacement:  Prior to further      The instructions
 For all affected airplanes    flight after the      included in the
 equipped with a B.F.          inspection where      applicable
 Goodrich landing gear brake   the wear or maximum   maintenance manual.
 assembly, part number 2-      clearance is exceed.
 1203, 2-1203-1, 2-1203-3,
 or an FAA-approved
 equivalent part number, if
 wear measure is found that
 exceeds the maximum
 allowable clearance (0.250-
 inch (6.35 millimeter),
 overhaul or replace the
 landing gear brake assembly.
(4) Repetitive Inspections:   (i) If the clearance  Use the procedures
 For all affected airplanes    is .200 inches or     in B.F. Goodrich
 equipped with a B.F.          more, but is less     Service Bulletin
 Goodrich landing gear brake   than .250 inches:     No. 1498, Issued:
 assembly, part number 2-      inspect at 75-hour    October 26, 1989.
 1203, 2-1203-1, 2-1203-3,     TIS intervals until   The wear and
 or an FAA-approved            the clearance is      maximum clearance
 equivalent part number,       .250 inches or more   limits specified in
 repetitively inspect and      at which time         this AD take
 conduct measurements of the   replacement is        precedence over
 brake wear and clearance      required.             those specified in
 limits.                      (ii) If clearance is   the service
                               found that is less    information.
                               than .200 inches:
                               inspect at 250-hour
                               TIS intervals until
                               the clearance is
                               .200 inches or more.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? (1) You may use 
an alternative method of compliance or adjust the compliance time 
if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Fort Worth Airplane Certification Office, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager.
    (2) Alternative methods of compliance approved in accordance 
with AD 92-01-02, which is superseded by this AD, are approved as 
alternative methods of compliance with this AD.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact the Fort Worth Airplane 
Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 
76193-0150; telephone: (817) 222-5133; facsimile: (817) 222-5960.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with B.F. Goodrich Service Bulletin No. 1498, Issued: October 26, 
1989; and Fairchild Service Bulletin 227-32-017 or Fairchild Service 
Bulletin 226-32-049, both Issued: November 14, 1984.
    The Director of the Federal Register previously approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51, 
as of January 16, 1992 (56 FR 65824; December 19, 1991). You can get 
copies from Fairchild Aircraft, Inc., P.O. Box 790490, San Antonio, 
Texas 78279-0490; and B.F. Goodrich Aircraft Wheels and Brakes, P.O. 
Box 340, Troy, Ohio 45373. You can look at copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri; or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (i) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 92-01-02, Amendment 39-8125.
    (j) When does this amendment become effective? This amendment 
becomes effective on October 6, 2000.


    Issued in Kansas City, Missouri, on August 11, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-21053 Filed 8-21-00; 8:45 am]
BILLING CODE 4910-13-U