Examining the Docket
You may examine the airworthiness directive (AD) docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Airbus Model A318, A319, A320, and A321 airplanes. That NPRM was published in the Federal Register on March 27, 2006 (71 FR 15065). That NPRM proposed to require revising the Limitations section of the airplane flight manual (AFM); performing a one-time hardness test of certain ribs of the left- and right-hand engine pylons, as applicable, which would terminate the AFM limitations; and performingrelated corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comment received.
Request To Revise Hardness Test Requirement
The Air Transport Association (ATA), on behalf of its member, Northwest Airlines (NWA), requests that we review the requirement for the hardness test specified in the NPRM. NWA states that the NPRM proposes a hardness test before further flight in the case of a hard or overweight landing and further states that French airworthiness directive F-2006-011 R1, dated January 18, 2006, which also addresses the subject of this AD, did not have such a requirement. NWA asserts that a requirement to visually inspect the airplane and pylons for deformation after a hard landing already exists. NWA believes that, as a hardness test requires special tooling and expertise that would not likely be available at most locations where a hard landing might occur, the hardness test is not appropriate and a visual inspection in accordance with maintenance procedures should be accomplished instead.
We agree with NWA that a hardness test after a hard or overweight landing is not necessary. Therefore, we have revised paragraph (g) of the AD to remove the requirement for a hardness test after a hard or overweight landing.
Clarification of Corrective Actions
To prevent possible confusion, we have revised paragraph (h) of the AD to clarify that the specified corrective actions apply to discrepant ribs discovered during the hardness test required by paragraph (g) of the AD.
Supersedure of French Airworthiness Directive
The European Aviation Safety Agency (EASA) has issued airworthiness directive 2006-0136, dated May 22, 2006. The EASA airworthiness directive supersedes French airworthiness directive F-2006-011 R1, dated January 18, 2006, which was referenced in the NPRM as the applicable parallel airworthiness directive. The EASA airworthiness directive contains no new or revised material that affects the technical content of this AD; however, we have revised paragraph (k) of this AD for clarity and traceability of information that applies to this AD.
Conclusion
We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 112 airplanes of U.S. registry. The required hardness test will take about 1 work hour per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $7,280, or $65 per airplane.
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 have 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 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. See the ADDRESSES section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):