The FAA proposed to amend 14 CFR part 39 with a proposed airworthiness directive (AD). The proposed AD applies to CFM International CFM56-5, -5B, and -5C series turbofan engines. We published the proposed AD in the Federal Register on December 28, 2004 (69 FR 77677). That action proposed to require removing certain P/N air turbine starters from service.
Examining the AD Docket
You may examine the docket that contains the AD, any comments received, and any final disposition in person at the DMS Docket Offices between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone (800) 647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES. Comments will be available in the AD docket shortly after the DMS receives them.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the two comments received.
One commenter states that the AD should mention only "CFM56-5" not "CFM56-5 and CFM56-5A" turbofan engines.
We agree. We have replaced references to "CFM56-5 and CFM56-5A" with "CFM56-5".
This commenter also indicated that the acronym "CFMI" is no longer in use and should be replaced with "CFM".
We agree that this acronym is no longer used although the company is still known as "CFM International." We have, therefore, removed references to "CFMI" and replaced them with "CFM International" or "CFM."
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. 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
There are about 3,579 CFM International CFM56-5, -5B, and -5C series turbofan engines of the affected design in the worldwide fleet. We estimate that this AD will affect 600 air turbine starters installed on airplanes of U.S. registry. We also estimate that it will take about 1 work hour per engine to perform these actions, and that the average labor rate is $65 per work hour. Required parts will cost about $5,000 per air turbine starter. Based on these figures, we estimate the total cost of the AD to U.S. operators to be approximately $3,039,000.
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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration 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 FAA amends Sec. 39.13 by adding the following new airworthiness directive: