A proposal to amend part 39 of the Federal Aviation Regulations by superseding AD 93-24-11, Amendment 39-8760 (58 FR 64875, December 10, 1993), which is applicable to certain Airbus Model A320 series airplanes, was published in the Federal Register on February 2, 1994 (59 FR 4869). The action proposed to supersede AD 93-24-11 to continue to require modification of the belly fairing structure, but to revise the compliance time for accomplishing the modification. That action was prompted by the fact that the compliance time currently specified in paragraph (a) of AD 93-24-11 could allow certain operators to accomplish the modification at a time considerably later than that intended. The proposal proposed to revise the compliance time to "prior to the accumulation of 12,000 total landings on the airplane, or within 300 days after the effective date of the final rule, whichever occurs later." This compliance time will ensure that the structural integrity of the belly fairing structure is maintained in a timely manner.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the three comments received.
All commenters support the proposed rule.
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 as proposed.
The FAA estimates that 20 airplanes of U.S. registry were affected by AD 93-24-11, and will continue to be affected by this supersedure of that AD. It will take approximately 288 work hours per airplane to accomplish the actions currently required by AD 93-24-11, and that the average labor rate is $55 per work hour. Required parts will cost approximately $1,045 per airplane. Based on these figures, the current cost impact of AD 93-24-11 on U.S. operators is estimated to be $337,700, or $16, 885 per airplane.
The total cost impact figure discussed above is presented as if no operator has yet accomplished any of the requirements of AD 93-24-11 (or this supersedure of that AD). There are no foreseeable additional costs that will be imposed by this supersedure of AD 93-24-11.
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, Incorporation by reference, 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 removing amendment 39-8760 (58 FR 64875, December 10, 1993), and by adding anew airworthiness directive (AD), amendment 39-8930, to read as follows: