AD 2013-23-18

This AD is effective January 7, 2014.

Jason Yang, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7747; fax: 781-238-7199; email: jason.yang@faa.gov.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to the specified products. The NPRM published in the Federal Register on July, 25, 2013 (78 FR 44899, July 25, 2013). The NPRM proposed to require replacement of the affected VBV actuator fuel supply tube, part number 2165M22P01, with a part eligible for installation.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and the FAA's response to each comment.

The Boeing Company and FedEx Express agreed with the AD as proposed.

GE requested that we change the compliance time in this AD from “at the next shop visit, after the effective date of this AD” to “as soon as possible without effect on revenue service, but before April 1, 2014.” No justification was provided for the change.

We do not agree. Replacement of the VBV actuator fuel supply tube at the next shop visit maintains an acceptable level of safety for the fleet, based on safety risk analysis. We have no data to support that a more aggressive replacement schedule is required to maintain that acceptable level of safety. We did not change the AD.

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD as proposed.

We estimate that this AD will affect about 59 engines installed on airplanes of U.S. registry. We also estimate that it will take about eight hours per engine to replace the VBV actuator fuel supply tube. The cost of this part is about $14,310. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $884,410.

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.

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),

(3) Will not affect intrastate aviation in Alaska to the extent that if justifies making a regulatory distinction, and

(4) 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):