AD 2004-25-03

This AD becomes effective February 10, 2005.

The incorporation by reference of Airbus Service Bulletin A320-53-1034, Revision 02, dated December 4, 2001, as listed in the AD, is approved by the Director of the Federal Register as of February 10, 2005.

On February 12, 1999 (64 FR 1118, January 8, 1999), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320-53-1034, dated March 30, 1992.

For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You can examine this information at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Docket: The AD docket contains the proposed AD, comments, and any final disposition. You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647-5227) is located on the plaza level of the Nassif Building at the U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, Washington, DC. This docket number is FAA-2004-18771; the directorate identifier for this docket is 2002-NM-313-AD.

Technical information: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW, Renton, Washington 98055-4056; telephone (425) 227-2125; fax (425) 227-1149.

Plain language information: Marcia Walters, marcia.walters@faa.gov.

The FAA proposed to amend part 39 of the Federal Aviation Regulations (14 CFR Part 39) with an AD to supersede AD 99-01-17, amendment 39-10985 (64 FR 1118, January 8, 1999). The existing AD applies to certain Airbus Model A320 series airplanes. The proposed AD was published in the Federal Register on August 5, 2004 (69 FR 47393), to require reducing the compliance threshold and repetitive intervals for the inspections required by the existing AD. The proposed AD also provides for an optional terminating action for the repetitive inspections.

We provided the public the opportunity to participate in the development of this AD. We have considered the comment submitted on the proposed AD. The commenter supports the proposed AD.

For clarification, we are explaining an inadvertent error in certain wording in the preamble of the proposed AD, which differed from the AD requirements for the optional terminating action specified in paragraph (h) of the proposed AD. In the Summary, Relevant Service Information, and FAA's Determination and Requirements of the proposed AD sections, we specify that the proposed AD would add an allowable time for the optional terminating action (provided by the existing AD). However, in paragraph (h) of the proposed AD we did not include that “allowable time” for accomplishing the optional terminating action. This decision was based on the fact that the French airworthiness directive referenced in the proposed AD did not specify an allowable time for the optional terminating action, so it was not necessary to state that time in the proposed AD. In light of the above, we have removed the wording “* * * would add an allowable time for the optional terminating action * * *” from the new actions in the Summary section. The Relevant Service Information and FAA's Determination and Requirements of the proposed AD sections are not restated in the final rule.

In addition, certain other wording in the preamble specifies that the new AD reduces the compliance threshold, but it also extends the compliance threshold for certain airplanes. Therefore, we have changed the wording to specify that the new AD revises the compliance threshold.

For clarification, we are explaining an inadvertent error in paragraph (f)(2) of the proposed AD. Paragraph (f)(2) of the proposed AD specified doing the inspection at the later of the times specified in paragraph (f)(1)(i) and (f)(1)(ii) of the AD; the correct citation is paragraphs (f)(2)(i) and (f)(2)(ii) of the AD.

We have carefully reviewed the available data, including the comment that has been submitted, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.

This AD will affect about 269 airplanes of U.S. registry.

The ultrasonic inspection that is required by AD 99-01-17 and retained in this AD takes about 6 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the currently required ultrasonic inspection is $390 per airplane, per inspection cycle.

The optional terminating action specified in Airbus Service Bulletin A320-53-1033, if done, takes about 5 work hours to do, at an average labor rate of $65 per work hour. The cost of required parts is about $75 per airplane. Based on these figures, the cost impact of the optional terminating action is $400 per airplane.

The FAA's authority to issue rules regarding aviation safety is found in title 49 of the United States Code. Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.

This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, the FAA is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD.

We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.

For the reasons discussed above, I certify that this AD:

(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.

We prepared a regulatory evaluation of the estimated costs to comply with this AD. See the ADDRESSES section for a location to examine the regulatory evaluation.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive: