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 January 4, 2010 (75 FR 89). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:
It has been discovered that the foam inside the towing bar box is not conformed to the certification specification, and especially the flame resistance properties.
In case of fire in the front baggage compartment, the non conformed foam could rapidly propagate the flames and/or emit toxic fumes in the cabin.
For the reason stated above the AD 2009-0238-E, as a temporary measure, mandated the removal of the foam, pending a foam change.
This AD revision is issued to reduce the original AD applicability and to introduce the optional installation of new foam pads in the tow bar stowage box.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comments received.
Comment Issue No. 1: Optional Final Solution
DAHER-SOCATA comments that SOCATA Service Bulletin (SB) 70-179, Amendment 1, dated January 2010, was issued. That amendment contains a final solution. If the EASA AD issues before the comment end date of the NPRM for this AD action, the commenter requests that we include the required terminating action in our AD as specified in the amended service information.
The FAA partially agrees with this comment. The FAA agrees that following the issuance of the NPRM, EASA issued a revision to the AD to allow the optional installation of new foam pads part number (P/N) T700C091000610100 in the tow bar storage box in accordance with the Accomplishment Instructions of SB No. 70-179, Amendment 1, dated January 2010. The FAA disagrees with making the installation of the new foam pads P/N T700C091000610100 a required action since the EASA AD madeit an optional action.
We are changing the final rule AD action to include this option.
Comment Issue No. 2: Costs of Compliance
DAHER-SOCATA comments that the costs in the Costs of Compliance section are not in accordance with those given in the service bulletin. It would take about 10 work-minutes per product instead of .5 work-hour to remove the wrong foam pad and to replace it with the new one. The cost should be only $13 for an average labor rate and consequently $2,132 for all U.S. operators.
The FAA agrees that it would only take 10 work-minutes. However, in regards to cost, our practice is to apply .5 hour as the minimum estimated work-hour for labor. This minimum was used in determining the cost of compliance for the AD.
We are not changing this final rule AD action based on this comment.
Conclusion
We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD withthe changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 164 products of U.S. registry. We also estimate that it will take about .5 work-hour per product to comply with the basic requirementsof this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S. operators to be $6,970 or $42.50 per product.
In addition, we estimate that the optional follow-on action would take about .5 work-hour and require parts costing $164, for a cost of $206.50 per product. We have no way of determining the number of products that may need these actions.
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 prescribingregulations 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 this AD:
(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.
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 Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD: