A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Airbus Model A319, A320, and A321 series airplanes was published in the Federal Register on August 31, 2001 (66 FR 45950). That action proposed to require replacement of the trigger spring of the slide bar on each of the passenger doors with a new, stronger trigger spring.
Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received.
Request To Revise Proposed Compliance Time
The commenter requests that the FAA revise the compliance time of paragraph (a) of the proposed AD to refer to "30 months after the 'entry in service' of the airplane" instead of "30 months from the date of manufacture of the airplane." The commenter points out that the date of manufacture is the date of thefirst flight of the airplane, whereas the date of "entry into service" is the date of delivery of the airplane. The difference between these dates could be one month or more. The commenter notes that its recommended change would make the FAA's proposed AD consistent with the corresponding French AD.
We do not concur. For clarification, we define the "date of manufacture" as the date of issuance of the Certificate of Airworthiness. We find that this constitutes a definitive date when all of the manufacturing processes are completed. We have determined that this date should be readily discernible by operators, and no change to the final rule is necessary in this regard.
Explanation of Change to Applicability Statement
The FAA has determined that the wording of the applicability statement in the proposed AD may be confusing for some operators. Therefore, we have revised the wording of the applicability statement of this final rule for clarity.
Conclusion
After careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change described previously. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.
Cost Impact
The FAA estimates that 152 Model A319, A320, and A321 series airplanes of U.S. registry will be affected by this AD, that it will take approximately 8 work hours per airplane to accomplish the required replacement, and that the average labor rate is $60 per work hour. Required parts will be provided at no charge by the manufacturer. Based on these figures, the cost impact of this AD on U.S. operators is estimated to be $72,960, or $480 per airplane.
The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
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 location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, 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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the followingnew airworthiness directive: