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 all Airbus Model A300, A310, and A300-600 series airplanes was published in the Federal Register on July 30, 1996 (61 FR 39603). That action proposed to require a one-time inspection of the rigging of the autopilot actuators on the pitch and yaw controls to ensure correct rigging, and, if necessary, re-rigging using a new, longer rigging pin.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Support for the Proposal
One commenter supports the proposed rule.
Request to Withdraw the Proposal
One commenter, representing several affected U.S. operators, requests that the proposal be withdrawn. This commenter states that all U.S. operators have already accomplished the proposed rigging inspection on their fleets some time ago, and have revised their manuals to reflect the change in rigging pin part number. In light of their having completed all of the proposed actions, the commenter considers an AD to be unnecessary since the unsafe condition has been satisfactorily addressed. Issuance of the AD at this time will require these operators to revise their paperwork, which may be a burdensome task.
Additionally, this commenter states that Presidential Executive Order 12866 requests the various regulatory agencies to identify and assess available alternatives to direct regulation. Therefore, the commenter recommends that airworthiness concerns, such as the one addressed by the proposal, be handled by a less costly method other than rulemaking.
The FAA does not concur with the commenter's request to withdraw the proposed AD. The FAA has no evidence, as suggested by the commenter, that all U.S. operators have already complied with the required actions. Until an AD is issued,there is no legal basis for requiring U.S. operators to comply with those actions. The AD is the only vehicle available for ensuring, by law, that all affected operators perform the necessary actions that will address the identified unsafe condition. It also will ensure that those actions are accomplished on any airplane that is imported and placed on the U.S. Register in the future. In light of this, the FAA has determined that this AD is both appropriate and warranted.
Further, the FAA is not convinced that issuance of the AD will add a significant economic or administrative burden on operators who have already accomplished the required actions, as the commenter suggests. First, the FAA points out that there are currently only 86 U.S.-registered airplanes that are affected by this AD. Second, the compliance provision of the AD clearly states that compliance is "required as indicated, unless accomplished previously." Therefore, operators who have already accomplished the required actions need merely make a single entry in their maintenance logs to indicate compliance with the AD. The FAA considers that such a procedure could not possibly pose a serious burden on any operator.
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 86 Airbus Model A300, A310, and A300-600 series airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $5,160, or $60 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.
Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
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.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: