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 A318-100 and A319-100 series airplanes, A320-111 airplanes, A320-200 series airplanes, and A321-100 and A321-200 series airplanes. That NPRM was published in the Federal Register on December 15, 2005 (70 FR 74235). That NPRM proposed to require operators to review the airplane's maintenance records to determine the part numbers of the magnetic fuel level indicators (MFLI) of the fuel tank, and related investigative and corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments received from one commenter.
Request To Clarify Affected Fuel Tanks
US Airways asks that the NPRM be changed to add that the affected fuel tanks are wing fuel tanks only. US Airways states that the type of fuel tank is specified in the referenced service bulletin. We agree with US Airways and have clarified that only the wing fuel tanks are affected. We have made this change throughout the AD.
Request for Clarification of Part Number (P/N) Determination
US Airways states that the NPRM specifies determining the P/Ns of the MFLI of the fuel tank by reviewing maintenance records; however, upon review, US Airways found no reference to MFLI P/N position installation information. US Airways adds that there is no reference or baseline for determining the part installed in the MFLI position without tank entry and a visual check.
Although US Airways requested no change, we agree with their comment. The Relevant Service Information section of the NPRM specifies the following: "If the P/N for each MFLI cannot be determined from a records review, the related investigative actions include accomplishing a visual inspection of the internal bore of each MFLI using an endoscope to determine the type of MFLI that is installed.'' This inspection can be done without entering the tank. We have made no change to the AD in this regard.
Request To Change Work Hours
US Airways also asks that the work hours specified in the NPRM be changed from 1 to 8 work hours to reflect a more realistic time to inspect the MFLI. US Airways states that since the units are installed in five to seven positions, depending on the type of airplane, one hour for accomplishing the actions, as estimated in the NPRM, is not sufficient.
We acknowledge and agree with US Airways' concern for the reasons stated. We have changed the Costs of Compliance section of this AD accordingly.
Explanation of Change to Applicability
We have revised the applicability of this AD to identify model designations as published in the most recent type certificate data sheet for the affected models.
Conclusion
We have carefully reviewed the available data, including the comments 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 621 airplanes of U.S. registry. The actions will take between 1 and 8 work hours 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 between $40,365 and $322,920, or between $65 and $520 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):