Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on September 24, 2012 (77 FR 58785). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI) states:
As a result of the Extended Service Goal 2 exercise (ESG2) it was shown that the door frame shells of passenger doors 2 and 4 (both sides of the aeroplane) may not have sufficient structural strength to enable the aeroplane to operate safety beyond ESG1 (Extended Service Goal 1 equal to 42,500 Flight Cycles--FC or 89,000 Flight Hours--FH) and up to ESG2 (Extended Service Goal 2 equal to 51,000 FC or 89,000 FH) limits.
This condition, if not corrected, could lead to structural failure of the affected door shells, possibly resulting in in-flight decompression of the aeroplane and consequent injury to occupants.
For the reasons stated above, this [European Aviation Safety Agency (EASA)] AD requires the reinforcement at door frame shells of passenger doors 2 and 4.
You may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing this AD. We have considered the comments received.
Request for a Copy of the Service Information
FedEx requested that copies of Airbus Service Bulletin A300-53- 6170, dated May 16, 2011, be provided to understand the full intent of the modification. FedEx stated that copies of Airbus Service Bulletin A300-53-6170, dated May 16, 2011, are not available to operators without paying for the modification kit for ESG-2 operations.
As stated in the NPRM (77 FR 58785, September 24, 2012), copies of the referenced service information may be reviewed at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. No change has been made to the AD in this regard. After publication of the final rule, you may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Request for Exception for Certain Passenger Doors
FedEx requested an exception for the passenger door 2 on airplanes modified from passenger to freighter per supplemental type certificate (STC) ST01431NY* (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/9F0C4BC1162AA3CE862571B2005F355C?OpenDocument&Highlight=st01431ny). FedEx stated that the passenger door 2 has been removed from the modified airplanes to install the upper deck cargo door in these positions. FedEx noted that applicability to the remaining door 4 would remain in effect.
We disagree with the commenter's request. Operators should work with the STC holder to evaluate and determine what actions might be necessary to address the unsafe condition if it exists. Operators may request approval of an alternative method of compliance to address this evaluation. No change has been made to the AD in this regard.
Conclusion
We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed, except for minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM (77 FR 58785, September 24, 2012) for correcting the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 58785, September 24, 2012).
Costs of Compliance
We estimate that this AD will affect 124 products of U.S. registry. We also estimate that it will take about 400 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $10,000
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per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $5,456,000, or $44,000 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order 12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not havea significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM (77 FR 58785, September 24, 2012), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.