A proposal to amend part 39 of the Federal Aviation Regulations to include an airworthiness directive (AD) that is applicable to certain Airbus Model A320 series airplanes was published in the Federal Register on May 27, 1993 (58 FR 30721). That action proposed to require repetitive external detailed visual inspections to detect breakage of the rivet heads at the junction between frames 13 and 14, and at the skin on the left and right side, between stringers 1 and 7, and replacement of discrepant rivets. That action also proposed to require eventual replacement of the currently installed rivets with high-strength titanium Hilite bolts; when accomplished, this replacement would terminate the need for the proposed repetitive inspections.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Two commenters support the proposed rule.
One commenter requests removal of the proposed requirement to replace the currently installed rivets with new or serviceable high-strength titanium Hilite bolts, as described in Airbus Industrie Service Bulletin A320-53-1010, Revision 3, dated July 30, 1992. The commenter maintains that the Direction G n rale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, considers that repetitive external detailed visual inspections alone are adequate to ensure the continued structural airworthiness of the affected airplanes; therefore, the FAA should do likewise. The FAA does not concur. The FAA has determined that long term continued operational safety will be better assured by design changes to remove the source of the problem, rather than by repetitive inspections or special operating procedures. Long term repetitive inspections may not be providing the degree of safety assurance necessary for the transport airplane fleet. This, coupled with a better understanding of thehuman factors associated with numerous continual repetitive inspections has led the FAA to consider placing less emphasis on inspections and more emphasis on design improvements. The replacement requirement of this final rule is in consonance with these considerations.
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.
Currently, there are no affected Model A320 series airplanes on the U.S. Register. However, should an affected airplane be imported and placed on the U.S. Register in the future, it would require approximately 73 work hours to accomplish the required actions, at an average labor charge of $55 per work hour. The cost of required parts would be $3,626. Based on these figures, the total cost impact of this AD would be $7,641 per airplane.
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 in14 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 14 CFR part 39 of the Federal Aviation Regulations as follows:
PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: