AD 2012-23-10

This AD becomes effective December 31, 2012.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 31, 2012.

You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on July 2, 2012 (77 FR 39186). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI) states:

Two occurrences on Airbus A320 aeroplanes have been reported where the escape slide raft inflation system did not deploy when activated, due to the rotation of the cable guide in a direction which resulted in jamming of the inflation control cable. Additionally, there has been one reported case where the system did not deploy properly due to a cracked inflation hose fitting.

Investigation conducted by the slide raft manufacturer showed that the hose fitting could be subject to a bending moment if improperly packed. Subsequently, the hose fitting could separate from the reservoir and the inflation of the slide raft may be impaired.

This condition, if not corrected, could delay the evacuation from the aeroplane in case of emergency, possibly resulting in injury to the occupants.

For the reasons described above, this [European Aviation Safety Agency (EASA)] AD requires modification of the affected slide rafts or [optional] replacement thereof with modified units.

The modification includes installing a cable guide adaptor, an anti-rotation bracket, and a new hose assembly. You may obtain further information by examining the MCAI in the AD.

We gave the public the opportunity to participate in developing this AD. We considered the comments received. United Airlines (UAL) supports the compliance time of 36 months after the effective date of this AD.

UAL requested we highlight that Air Cruisers Service Bulletin S.B.A320 004-25-85 has a concurrent requirement to accomplish Air Cruisers Service Bulletin S.B.A320 004-25-56. UAL stated that it would like to receive a confirmation that Air Cruisers Service Bulletin S.B.A320 004-25-56 must also be accomplished to comply with the proposed AD (77 FR 39186, July 2, 2012).

We agree with UAL's comment. For the optional replacement in paragraph (h) of this final rule, we have clarified that the concurrent requirement specified in paragraph 1.B. of Air Cruisers Service Bulletin S.B. A320 004-25-85, Revision 2, dated January 3, 2012, is necessary. We have revised paragraphs (h), (j)(1), and (j)(2) in this final rule accordingly.

UAL requested that the parts installation limitation in paragraph (j)(1) of the proposed AD (77 FR 39186, July 2, 2012) be removed. UAL stated that the proposed requirement will remove the operator's flexibility to replace a post-AD part number with a pre-AD part number prior to the AD limit. UAL stated that, after the proposed AD effective date, it agrees that any new slide-rafts released by the home shop should have the AD requirements incorporated to prevent unit on-wing installation beyond the AD limit, but not on the ones currently installed on-wing. UAL stated that it believes the intent of the proposed AD is to eliminate pre-AD part numbers after 36 months of the effective date.

We disagree with UAL's request to remove paragraph (j)(1) of this final rule. Paragraph (j)(1) of this final rule only applies to those airplanes that have accomplished the modification or replacement. The intent of this AD is to prevent installation of the unsafe escape slide rafts after accomplishing the required modification or replacement. Operators have a compliance time of within 36 months after the effective date of this AD to do the modification required by paragraph (g) of this AD, or the alternative action specified in paragraph (h) of this AD. We have not changed the AD in this regard.

Airbus requested that we revise the proposed AD (77 FR 39186, July 2, 2012) to incorporate Air Cruisers Service Bulletin S.B.A320 004-25-85, Revision 1, dated September 30, 2011, and Revision 2, dated January 3, 2012; and to refer to EASA AD 2011-0160R1, dated March 15, 2012; into the proposed AD.

We agree with Airbus' request to reference the latest service information. We have revised this AD to reference Air Cruisers Service Bulletin S.B.A320 004-25-85, Revision 2, dated January 3, 2012, for the actions specified in paragraphs (h) and (j) of this AD. Air Cruisers Service Bulletin S.B.A320 004-25-85, Revision 2, dated January 3, 2012, clarifies certain actions and figures. We have also added new paragraph (k) of this AD to provide credit for actions done using Air Cruisers Service Bulletin S.B.A320 004-25-85, dated November 30, 2010; or Air Cruisers Service Bulletin S.B.A320 004-25-85, Revision 1, dated September 30, 2011; before the effective date of this AD. In addition, we have revised paragraph (m) of this AD to reference EASA AD 2011-0160R1, dated March 15, 2012, which clarifies the parts installation limitations specified in that EASA AD.

We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously—except for minor editorial changes. We have determined that these changes:

• Are consistent with the intent that was proposed in NPRM (77 FR 39186, July 2, 2012) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (77 FR 39186, July 2, 2012).

We estimate that this AD will affect 745 products of U.S. registry. We also estimate that it will take about 19 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $341 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $1,457,220, or $1,956 per product.

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 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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. 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.

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM (77 FR 39186, July 2, 2012), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

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 AD: