AD 98-19-23

This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Model A320 series airplanes, that requires replacement of the existing mounting rack for the Digital Flight Data Recorder (DFDR) with a new rack having improved damping, and installation of a new bracket for re-routing the wiring harness. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by this AD are intended to prevent the possible loss of data recorded on the DFDR as a result of vibrations and/or accelerations during flight.

Final rule.

98-19-23 AIRBUS INDUSTRIE: Amendment 39-10764. Docket 98-NM-26-AD.

Applicability: Model A320 series airplanes; equipped with a LORAL Digital Flight Data Recorder (DFDR) F800 [part number (P/N) 17M800-251/-261], and on which Airbus Modification 24959 (Airbus Service Bulletin A320-31-1088, Revision 1, dated September 16, 1996) has not been accomplished; certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required as indicated, unless accomplished previously.

To prevent the possible loss of data recorded on the DFDR as a result of vibrations and/or accelerations during flight, accomplish the following:

(a) Within 15 months after the effective date of this AD, remove the existing DFDR vibration mounting rack, install a new rack having improved damping, and install a new bracket for re-routing of the cable harness, in accordance with Airbus Service Bulletin A320-31-1088, Revision 2, dated September 16, 1996.

(b) As of the effective date of this AD, no person shall install a DFDR rack having part number 404-050L1DPX2-1 or V2E2433L07F, on any airplane.

(c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116.

NOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.

(d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

(e) The actions shall be done in accordance with Airbus Service Bulletin A320-31- 1088, Revision 2, dated September 16, 1996. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

NOTE 3: The subject of this AD is addressed in French airworthiness directive 96-272-098(B)R1, dated January 2, 1997.

(f) This amendment becomes effective on October 22, 1998.

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 A320 series airplanes was published in the Federal Register on March 20, 1998 (63 FR 13576). That action proposed to require replacement of the existing mounting rack for the Digital Flight Data Recorder (DFDR) with a new rack having improved damping, and installation of a new bracket for re-routing the wiring harness.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to comments received.

One commenter supports the proposed rule.

One commenter (an operator) proposes an additional method of compliance to the proposed rule that would specify replacement of the DFDR with a Solid State Flight Data Recorder (SSFDR) within 15 months after the effective date of the AD. The operator states that it isin the process of replacing all DFDR s in its fleet with SSFDR s. The operator also includes supporting data that show the current version of the Airbus Illustrated Parts Catalog (IPC) incorrectly refers to the SSFDR as a DFDR. Since this incorrect reference may be confusing to operators, the commenter proposes the additional method of compliance to the proposal. The commenter points out that the manufacturer recognizes that installation of a SSFDR eliminates the need to accomplish the actions required by the proposed rule.

The FAA does not concur with the commenter s request to revise the method of compliance with the requirements of the AD. However, the FAA concurs with the fact that, if an airplane is equipped with SSFDR s, there is no need to perform the actions required by this AD. Therefore, the FAA has revised the applicability of the AD to reflect only airplanes equipped with LORAL DFDR s having a specific part number. This more definitive applicability will clarify that the requirements of the AD do not encompass those airplanes equipped with SSFDR s.

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 44 airplanes of U.S. registry will be affected by this AD, that it will take approximately 3 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Required parts will be furnished by the manufacturer at no cost to the operator. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $7,920, or $180 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: