AD 2005-23-05

This AD becomes effective December 19, 2005.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 19, 2005.

On August 31, 2001 (66 FR 42939, August 16, 2001), the Director of the Federal Register approved the incorporation by reference of Airbus Industrie All Operators Telex A320-52A1111, Revision 01, dated July 23, 2001, including Airbus Industrie Technical Disposition 959.1492/01, Issue C, dated July 17, 2001.

You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC.

Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD.

Tim Dulin, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2141; fax (425) 227-1149.

You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

The FAA issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 2001-16-14, amendment 39-12383 (66 FR 42939, August 16, 2001). The existing AD applies to certain Airbus Model A319, A320, and A321 series airplanes. That supplemental NPRM was published in the Federal Register on July 21, 2005 (70 FR 42005). That supplemental NPRM proposed to mandate the installation of placards on the modified girt bars, which terminates the repetitive functional tests required by the existing AD.

We provided the public the opportunity to participate in the development of this AD. We have considered the additional comment that has been received on the supplemental NPRM. The commenter supports the supplemental NPRM.

We have changed this AD to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies.

We have carefully reviewed the available data, including the comment that has been received, and determined that air safety and the public interest require adopting the AD as proposed.

This AD will affect about 517 airplanes of U.S. registry.

The modification that is required by AD 2001-16-14 and retained in this AD takes about 7 work hours per airplane, at an average labor rate of $65 per work hour. The cost of required parts is negligible. Based on these figures, the estimated cost of the currently required modification for U.S. operators is $235,235, or $455 per airplane.

The functional test that is required by AD 2001-16-14 and retained in this AD takes about 1 work hour per airplane, at an average labor rate of $65 per work hour. Based on these figures, the cost impact of the currently required functional test for U.S. operators is $33,605, or $65 per airplane, per test cycle.

For airplanes that have not been modified in accordance with AD 2001-16-14: The new modification (including the new placard installation) takes about 17 work hours per airplane, at an average labor rate of $65 per work hour. Required parts cost about $5,130 per airplane. Based on these figures, the estimated cost of the new modification specified in this AD is $6,235 per airplane.

For airplanes that have been modified in accordance with AD 2001-16-14: The new modification (including the new placard installation) takes about 21 work hours per airplane, at an average labor rate of $65 per work hour. Required parts cost about $5,130 per airplane. Based on these figures, the estimated cost of the new modification specified in this AD is $6,495 per airplane.

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. 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.

We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA 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 rulemaking action.

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39-12383 (66 FR 42939, August 16, 2001) and by adding the following new airworthiness directive (AD):