Discussion
What events have caused this AD? The Direction Generale De L'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on certain Reims F406 airplanes. The DGAC reports that a crack was found in the canted rib upper cap in the center wing carry-through area during a routine inspection of one of the affected airplanes.
What is the potential impact if FAA took no action? This condition, if not detected and corrected in a timely manner, could result in structural failure of the wing with possible loss of control of the airplane.
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 would apply to certain Reims Model F406 airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on August 21, 2001 (66 FR 43811). The NPRM proposed to require you to repetitively inspect the canted rib upper cap in the center wing carry-through area for cracks, and, if cracks are found, immediately repair the cracks or modify this area depending on the extent of any cracks found. The NPRM also proposed to require you to modify the canted rib upper cap at a certain time period as terminating action for the repetitive inspections.
Was the public invited to comment? The FAA encouraged interested persons to participate in the making of this amendment. We did not receive any comments on the proposed rule or on our determination of the cost to the public.
FAA's Determination
What is FAA's final determination on this issue? After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We determined that these minor corrections:
--Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already proposed in the NPRM.
Cost Impact
How many airplanes does this AD impact? We estimate that this AD affects 4 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the affected airplanes? We estimate the following costs to accomplish the inspections:
Labor cost
Parts cost
Total cost per airplane
Total cost on U.S. operators
4 inspections x 3 workhours x $60 per hour = $720.
Not applicable
$720
$2,880
We estimate the following costs to do any necessary modifications that will be required because of the inspection:
Labor cost
Parts cost
Total cost per airplane
Total cost on U.S. operators
60 workhours x $60 per hour = $3,600
$3,375
$6,975
$27,900
Regulatory Flexibility Determination and Analysis
What are the requirements of the RegulatoryFlexibility Act? The Regulatory Flexibility Act of 1980 was enacted by Congress to assure that small entities are not unnecessarily or disproportionately burdened by government regulations. This Act establishes "as principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation." To achieve this principle, the Act requires agencies to solicit and consider flexible regulatory proposals and to explain the rationale for their actions. The Act covers a wide range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or final rule will have a significant economic impact on a substantial number of small entities. If the determination is that the rule will, the Agency must prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a proposed or final rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.
What is FAA's determination? The FAA has determined that this AD will not have a significant economic impact on a substantial number of small entities. Reims Aviation Model F406 aircraft are produced in France and only 4 airplanes are owned by U.S. entities. Of these 4 airplanes, Cessna Finance Corporation owns 2. Cessna Finance Corporation is part of a larger corporation with more than 1,500 employees and is not considered a small entity. We do not believe that the two remaining entities owning the F406 aircraft constitute a substantial number. Therefore, we have determined that this AD will not have a significant economic impact on a substantial number of small entities.
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 Sec. 39.13 by adding a new AD to read as follows: