Discussion
On November 7, 2006, 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 Mooney Airplane Company, Inc. Models M20M and M20R airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on November 7, 2006 (71 FR 65062). The NPRM proposed to retorque the upper left and upper right engine mounting hardware as an interim action. The NPRM also proposed to remove the upper left and upper right engine mount attaching hardware, cut out and remove the upholstery and insulation between the fuselage tubular frame and the firewall, and replace the upper left and upper right engine mount attaching hardware with the new parts kit.
Comments
We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA's response to each comment:
Comment Issue: Jack Buster of the Modification and Replacement Parts Association (MARPA) suggests that paragraph (g) of the proposed action be amended to include the Internet Uniform Resource Locator (URL) address for the relevant service information.
We agree with the commenter's (Jack Buster, MARPA) recommendation. We added the manufacturer's Internet URL address in the information on how to obtain the relevant service information.
Conclusion
Since the NPRM was published, the manufacturer has revised the applicable service bulletin to clarify the fastener torque requirement. The change does not change the intent of the required action and does not create any additional burden on the owners/operators. The AD will reference the appropriate service information: Mooney Airplane Company, Inc. Service Bulletin M20-292A, dated December 22, 2006, but will give credit to anyone who has already done the action per the original service bulletin.
We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections:
Are consistent with 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.
Costs of Compliance
We estimate that this AD affects 198 airplanes in the U.S. registry.
We estimate the following costs to accomplish the required modifications:
Labor Cost
Parts Cost
Total Cost Per Airplane
Total Cost on U.S. Operators
Retorquing of the upper left and upper right engine mounting hardware:
.5 work-hours X $80 per hour = $40.
Not Applicable.
$40
$7,920
Removing insulation and upholstery material at the engine mount upper right and upper left attaching points, and installing engine mount attaching hardware with the new parts kit:
2 work-hours X $80 perhour = $160.
$20
$180
$35,640
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 AD.
Regulatory Findings
We have determined that this AD will not have federalism implications under ExecutiveOrder 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); 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 summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include "Docket No. FAA-2006-26071; Directorate Identifier 2006-CE-51-AD" in your request.
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: