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 A319- 131, -132, and -133; A320-232 and -233; and A321-131 and -231 airplanes. That NPRM was published in the Federal Register on December 1, 2005 (70 FR 72088). That NPRM proposed to require inspecting for cracks or failure of the primary load path components of the engine forward mount, and corrective action if necessary. That NPRM also proposed to require removing, re-installing, and re-torquing the attachment bolts for the secondary load path.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comment received from one commenter.
Clarification of Applicability
The commenter states that Airbus Model A321-232 airplanes are not identified in the applicability of the AD. The commenter notes that there have been nine of these airplanes delivered that are not U.S.- registered.
We infer that the commenter wants us to include Airbus Model A321- 232 airplanes in the applicability of the AD. We agree with the commenter. The proposed AD is applicable to Airbus Model A319-131, - 132, and -133; A320-232 and -233; and A321-131 and -231 airplanes. Model A321-232 airplanes have been approved, but are not yet identified in the type certificate data sheet (TCDS). Considering this approval, we have changed the applicability throughout the AD accordingly. Additionally, no Model A321-232 airplane is currently on the U.S. Register so no additional work is required for U.S. operators.
Clarification of Applicability in Paragraph (f) of the NPRM
We note that paragraph (f) of the NPRM contains an error in referencing the airplane models on which the detailed inspection must be done. Our intent was to specify all of the airplane models identified in Airbus All Operators Telex A320-71A1036, Revision 1, dated June 28, 2005, as referenced in the applicability section; however, we inadvertently excluded Model A320-232 and -233 airplanes in paragraph (f). We have verified that the inspection has been accomplished on all affected models. Therefore, no additional work is required for U.S. operators. Adding these models to paragraph (f) will ensure that any affected airplane that is imported into the U.S. after the effective date of this AD is inspected, as required by this AD. We have added a new paragraph (f)(3) to the AD to include these models.
Conclusion
We have carefully reviewed the available data, including the comment that has been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. These changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 131 airplanes of U.S. registry.
The inspection takes about 2 work hours per airplane (1 work hour per engine), at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the inspection for U.S. operators is $17,030, or $130 per airplane.
The removal, re-installation, and re-torquing takes about 8 work hours per airplane (4 work hours per engine), at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the adjustments for U.S. operators is $68,120, or $520 per airplane.
If any Model A321-232 airplane is imported and placed on the U.S. Register in the future, it will take about 2 work hours per airplane for the inspection and 8 work hours per airplane for the removal, re- installation, and re-torquing, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD will be $750 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):