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 A320-111, -211, -212, and -231 airplanes. That NPRM was published in the Federal Register on August 23, 2005 (70 FR 49213). That NPRM proposed to require, for certain airplanes, modifying the cables and access holes to the inner tank fuel pumps; and, for certain other airplanes, inspecting the fuel pump access holes and modifying the access holes, if necessary.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. The commenter supports the NPRM.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies.
Editorial Change
As stated in the "Relevant Service Information" section of the NPRM, Airbus Service Bulletin A320-28-1054, dated August 23, 1993, describes procedures for performing an inspection, and "as applicable, modifying the fuel pump access holes." We have revised paragraph (f)(2) of the final rule to state "* * * modify the access holes, as applicable * * *" instead of "* * * modify the access holes, as necessary * * *."
Conclusion
We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interestrequire 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 17 airplanes of U.S. registry. The actions will be performed at an average labor rate of $65 per work hour, and any needed parts will be supplied from operator inventory.
For about 7 U.S.-registered airplanes subject to Airbus Service Bulletin A320-28-1008, Revision 1, dated April 10, 1989, the modification will take about 3 work hours. Based on these figures, the estimated cost of this modification for U.S. operators is $1,365, or $195 per airplane.
For about 10 U.S.-registered airplanes subject to Airbus Service Bulletin A320-28-1054, dated August 23, 1993, the inspection will take about 1 work hour. Based on these figures, the estimated cost of this inspection for U.S. operators is $650, 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):