A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 99-21-29, amendment 39-11375 (64 FR 56158, October 18, 1999), which is applicable to certain Airbus Model A320 series airplanes, was published in the Federal Register on March 29, 2001 (66 FR 17125). The action proposed to require a new modification of the autopilot mode engagement/disengagement lever of the rudder artificial feel unit. The action also proposed to revise the applicability of the existing AD to include Airbus Model A319 and A321 series airplanes, as well as all Model A320 series airplanes.
Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Request To Refer to Revised Service Information
Two commenters request that the FAA revise paragraph (a) of the proposed AD to refer to Airbus Service Bulletin A320-27-1130, Revision 01, dated November 23, 2000, instead of the original issue of that service bulletin, which the proposed AD specifies as the appropriate source of service information for the proposed modification. One of the commenters explains that Airbus issued Revision 01 of the service bulletin in response to the commenter's suggestions for improvements and corrections that could be made to the work instructions, as well as to revise the effectivity. The other commenter also asks that, in addition to referring to Revision 01, the proposed AD be revised to refer to "any subsequently approved revision(s)" of the service bulletin as appropriate sources of service information.
The FAA partially concurs with the commenters' requests. Since the issuance of the proposed rule, Airbus has issued Revision 01 of the service bulletin, as well as Revision 02 of the service bulletin, dated September 6, 2001. We have determined that accomplishment of the modification required by this AD according to either the original issue, Revision 01, or Revision 02 of the service bulletin is acceptable. Paragraph (a) has been revised to refer to the most recent issue, Revision 02 of the service bulletin, and Note 2 has been added to this AD (and subsequent notes reordered) to state that modification prior to the effective date of this AD according to the original issue or Revision 01 of the service bulletin is acceptable for compliance with paragraph (a) of this AD.
With regard to the second commenter's request to refer to "any subsequently approved revision(s)" of the service bulletin, we do not concur. An AD may only refer to service documents that are submitted and approved by the Office of the Federal Register (OFR) for "incorporation by reference." In order for operators to use later revisions of the referenced document (issued after the publication of the AD), either the AD must be revised to refer to the specific later revisions, or operators must request approval for the use of them as an alternative method of compliance with this AD under the provisions of paragraph (c) of this AD. No further change to the AD is necessary in this regard.
Request To Revise Compliance Time
One commenter requests that the FAA revise the compliance time for the proposed modification from 18 months to 24 months after the effective date of the AD. The commenter states that this change would allow operators to accomplish the modification during a regularly scheduled maintenance visit such as a "C" check, which would reduce the impact of the proposed modification on line operations. The commenter also states that an extension of the compliance time would make the compliance time for the proposed AD coincide with those of other ADs and would compensate for increased lead-time necessary for delivery of the kit needed to accomplish the proposed modification.
The FAA does not concur. In developing the compliance time for the modification in this AD, the FAA considered not only the degree of urgency associated with addressing the subject unsafe condition, but also the time necessary to accomplish the modification (estimated at 9 work hours per airplane), and the practical aspect of installing the required modification within an interval of time that parallels normal scheduled maintenance for the majority of affected operators. The FAA finds that 18 months represents an appropriate interval of time allowable wherein the modification can be accomplished during scheduled maintenance for the majority of affected operators, and an acceptable level of safety can be maintained. With regard to the lead-time needed for obtaining the necessary kits, we find that operators will have ample time to order and receive the kits before the compliance threshold. No change to the AD is necessary in this regard.
Request To Differentiate Between Assembly and Subassembly Part Numbers
One commenter requests that the FAA revise paragraph (b) of the proposed AD to differentiate between assembly and subassembly part numbers. The commenter notes that paragraph (b) of the proposed AD contains both artificial feel unit assembly and artificial feel unit subassembly part numbers according to the Airbus Illustrated Parts Catalog.
The FAA does not concur. All parts listed in paragraph (b) are prohibited from being installed on an airplane after the effective date of this AD. In addition, the referenced service bulletin clearly differentiates between artificial feel units with a solenoid and those without a solenoid. No change to the AD is necessary in this regard.
Conclusion
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 with the changes previously described. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 291 Model A319, A320, and A321 series airplanes of U.S. registry that will be affected by this AD.
The new modification that is required by this AD will take approximately 9 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Required parts will be provided by the manufacturer at no cost. Based on these figures, the cost impact of the requirements of this AD on U.S. operators is estimated to be $157,140, or $540 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 obtainedfrom 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 removing amendment 39-11375 (64 FR 56158, October 18, 1999), and by adding a new airworthiness directive (AD), amendment 39-12521, to read as follows: