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AGENCY: Federal Aviation Administration
(FAA), Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
the products listed above. This AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:
There have been several in-service cases reported of impact damage to
the blowout (decompression) panel protective cage assemblies installed
in the aft baggage cargo compartment. When damaged, these cages could
prevent proper operation of the blowout panels, with potential degradation
of smoke detection and fire extinguishing capabilities in the event of
a fire.
* * * * *
We are issuing this AD to require actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective March 30, 2010.
The Director of the Federal Register approved the incorporation by reference
of a certain publication listed in this AD as of March 30, 2010.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
or in person at the U.S. Department of Transportation, Docket Operations,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Craig Yates, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228-7355; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part
39 to include an AD that would apply to the specified products. That NPRM
was published in the Federal Register on November 5, 2009 (74 FR 57264).
That NPRM proposed to correct an unsafe condition for the specified products.
The MCAI states:
There have been several in-service cases reported of impact damage to
the blowout (decompression) panel protective cage assemblies installed
in the aft baggage cargo compartment. When damaged, these cages could
prevent proper operation of the blowout panels, with potential degradation
of smoke detection and fire extinguishing capabilities in the event of
a fire.
This directive mandates replacement of the existing cages with new cages
that have greater damage resistance.
You may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing this AD.
We received no comments on the NPRM or on the determination of the cost
to the public.
Explanation of Changes Made to This AD
We have revised this AD to identify the legal name of the manufacturer
as published in the most recent type certificate data sheet for the affected
airplane models.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate used in the
Costs of Compliance from $80 per work-hour to $85 per work-hour. The Costs
of Compliance information, below, reflects this increase in the specified
hourly labor rate.
Conclusion
We reviewed the available data, and determined that air safety and the
public interest require adopting the AD with the change described previously.
We determined that this change will not increase the economic burden on
any operator or increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in general,
agree with their substance. But we might have found it necessary to use
different words from those in the MCAI to ensure the AD is clear for U.S.
operators and is enforceable. In making these changes, we do not intend
to differ substantively from the information provided in the MCAI and
related service information.
We might also have required different actions in this AD from those in
the MCAI in order to follow our FAA policies. Any such differences are
highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 361 products of U.S. registry. We
also estimate that it will take about 2 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $85
per work-hour. Required parts will cost about $1,263 per product. Where
the service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some parties
may incur costs higher than estimated here. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $517,313, or
$1,433 per product.
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 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 this AD:
1. Is not a "significant regulatory action" under Executive Order 12866;
2. Is not a "significant rule" under the 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov;
or in person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
the NPRM, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.
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 FAA amends Sec. 39.13 by adding the following new AD:
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