AD 98-25-10 R1

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by revising AD 98-25-10, Amendment 39-10936 (63 FR 67775, December 9, 1998), which is applicable to Aircraft Belts, Inc. Model CS, CT, FM, FN, GK, GL, JD, JE, JT, JU, MD, ME, MM, MN, NB, PM, PN, RG, and RH seat restraint systems, was published in the Federal Register (64 FR 47715, September 1, 1999). The action proposed to allow a pilot to determine if the seat restraint system's locking mechanism is engaging properly and required replacing the buckle-half of the seat restraint system, if necessary.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.

One commenter states that the proposal should be withdrawn because it serves no useful purpose and will only generate confusion. In lieu of a withdrawal, the commenter requests that the effective date of the existing AD be stated in the compliance provision and that a note be included in the revision that indicates operators who previously complied with the AD are not affected by the revision. The FAA does not concur with the commenter's suggestions.

While the AD revision is not intended to create any additional requirements, there are valid reasons for its issuance. This revision allows pilots to perform the required visual check; further, it establishes limits on the manufacture dates to which the AD is applicable. As to inserting a note giving credit to those that have already performed the requirements, that is unnecessary since the compliance provision allows this credit when it states "unless accomplished previously."

The commenter also states that the cost estimate given in the proposal is incorrect as the affected operators have already accomplished the inspection/replacement. Additionally, the commenter states that it would be more accurate to include in the cost estimate thepaperwork costs that operators must generate to update their AD records to reflect the revised amendment number. The FAA does not concur because all operators may not have reached the 10 hours time-in-service compliance time.

After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed.

The FAA estimates that 12,278 seat restraint systems of U.S. registry will be affected by this AD, that it will take approximately one-half work hour to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will cost approximately $10 per buckle half. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $368,340.

The regulations adopted herein will not impose substantial direct compliance costs on states or local governments or have substantial direct effects on the States, onthe relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the FAA has not consulted with States or local authorities prior to the publication of this rule.

For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas.

List ofSubjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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.

§ 39.13 (Amended) 2. Section 39.13 is amended by removing Amendment 39-10936 (63 FR 67775, December 9, 1998), and by adding a new airworthiness directive (AD), Amendment 39-11460, to read as follows: