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 A300-600 and Model A310 series airplanes was published in the Federal Register on July 30, 1996 (61 FR 39604). That action proposed to require performing an operational and functional test to verify if the smoke detection system can detect smoke within 60 seconds, and cleaning the installation and duct, if necessary. That action also proposed to require submitting a report of the test results to Airbus.
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 Revise Reporting Deadline
One commenter requests that the proposal be revised to extend the compliance time for submitting test reports from 10 days after accomplishing the test, as proposed, to 30 days. The commenter considers the longer time necessary in order to prepare an adequate report of the required data.
The FAA concurs and has revised paragraph (b) of this final rule accordingly.
Request to Withdraw Reporting Requirement
One commenter requests that the FAA withdraw the proposed requirement to submit a report of test results to Airbus. This commenter previously completed the operational and functional tests on its fleet of airplanes, but did not submit a report, since such a provision was not part of the referenced Airbus All Operators Telex (AOT) 26-16, dated September 12, 1995. Consequently, this commenter does not want to be required to repeat the test simply in order to prepare a report in accordance with the reporting requirement of the proposed rule.
Another commenter considers that reporting requirements, in general, should be required by AD action only in cases where the AD is viewed as "interim action" and that, based upon reviewing further data, additional rulemaking may be required. Since the referenced Airbus AOT was issued more than a year ago, the commenter considers that sufficient time has elapsed in which Airbus could collect the data needed to determine what further action, if any, is needed. The commenter asserts that the FAA should not impose a reporting requirement without first determining with Airbus whether the test data is actually necessary.
The FAA does not concur with the commenters request to withdraw the reporting requirement. As was explained in the preamble to the notice, the intent of the reports is to enable Airbus to obtain enough information to enable it to develop an appropriate repetitive testing interval based on findings in the in-service fleet. The FAA has contacted Airbus in order to determine if test results from U.S. operators are still required; Airbus has responded by stating that the data from the U.S. operators are still needed to establish the proper testing intervals. In light of this, the FAA finds reason to retain the reporting requirement in this final rule.
However, in consideration of operators who already have accomplished the operational and functional test prior to the issuance of this AD, the FAA has revised paragraph (b) of the final rule to indicate that, for those operators, the report is to be submitted within 30 days after the effective date of the AD. As provided by the compliance provision of this AD, which states ". . . Compliance required unless accomplished previously," those operators do not have to repeat the one-time operational and functional test, required by paragraph (a) of the AD, merely in order to submit the report.
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 changeswill neither increase the economic burden on any operator nor increase the scope of the AD.
Cost Impact
The FAA estimates that 67 Airbus Model A300-600 and Model A310 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 $4,020, 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: