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 Airbus Model A300 B2; A300 B4; A300 B4-600, B4-600R, and F4-600R (collectively called A300-600); A310; A319; A320; A321; A330; and A340 series airplanes, was published in the Federal Register on May 1, 2001 (66 FR 21697). That action proposed to require replacement of Labinal actuators in certain powered cockpit seats with new improved actuators.
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 Revise Applicability
One commenter generally concurs with the Notice of Proposed Rulemaking (NPRM) but suggests that the AD be applicable to SOGERMA cockpit seats rather than to the airplane models, because the AD addresses a problem associated with the cockpit seats.
The FAA does not concur and notes that its general policy, when an unsafe condition results from an appliance or other item that is installed on multiple airplane models, is that the AD is issued so that it is applicable to those airplane models, rather than to the item. The reason for this is simple: Making the AD applicable to the airplane models on which the appliance or other item is installed ensures that operators of those airplanes will be notified directly of the unsafe condition and the action required to correct it. While it is assumed that an operator will know the models of airplanes that it operates, there is a potential that the operator will not know or be aware of specific items that are installed on its airplanes. Therefore, calling out the airplane model as the subject of the AD prevents "unknowing non-compliance" on the part of the operator.
Request To Extend Compliance Time
Another comment was submitted by the Air Transport Association, on behalf of one of its member airlines. That comment states that a compliance period of 6 months will not be adequate to complete the required replacement of actuators in the cockpit seats, that the member airline has had no reported failures of the actuators in the last 7 years, and that the replacement should be accomplished during the regularly scheduled "C-check." The ATA requests that the compliance period be extended to 18 months.
The FAA does not concur with this comment. One reason is that the Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, has issued airworthiness directive 2000-524(B), dated December 27, 2000, which specifies a compliance time of 6 months to replace the LABINAL actuators. Another reason is that the airplane manufacturer has reported 2 recent instances of uncommanded movement of the cockpit seats during flight. In consonance with the DGAC and considering the magnitude of the risk involved, the FAA considers 6 months to be an appropriate compliance period. No change to the final rule 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 as proposed.
Cost Impact
The FAA estimates that 548 airplanes of U.S. registry will be affected by this AD, that it will take approximately 4 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 cost to the operator. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $131,520, or $240 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 following new airworthiness directive: