AD 94-14-17

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 as a supplemental notice of proposed rulemaking (NPRM) in the Federal Register on April 25, 1994 (59 FR 19681). That action proposed to require either the removal of the girt bar visual indicator brackets on passenger exit doors, or modification of the lanyard that connects the survival kit to the slide/raft.

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 proposal.

One commenters requests that airplanes on which Airbus Industrie Modification 23605 has been accomplished be excluded from the applicability of the rule. That modification is described in Airbus Service Bulletin A320-25-1109, dated April 20, 1993, and entails removing the girt bar visual indicator brackets (plates) and replacing them with a red arrow placard that is used to indicate positive girt bar engagement. (The commenter also states that all Model A320 series airplanes up to serial number 413 have been delivered with this modification.) The FAA concurs with the commenter's request. The FAA addressed Modification 23605 in the preamble to the supplemental NPRM, and found that, although removal of the brackets will prevent possible interference between the over water survival kit lanyard and the slide/raft decorative cover, the red arrow placard did not provide for an acceptable means of girt bar position indication. However, since one of the options for complying with this AD [as provided by paragraph (a)(1)] is to remove the girt bar visual indicator brackets, the FAA now considers that airplanes on which Modification 23605 has been accomplished are in compliance with that paragraph of the rule because the bracketshave been removed on those airplanes. (Whether or not the red arrow placard, installed as part of Modification 23605, is used to determine the engagement of the girt bar is of no consequence, since the girt bar position/arming indicator in the cockpit remains as a source to obtain positive indication of the position of the girt bar.) Accordingly, the applicability of the final rule has been revised to exclude airplanes on which Modification 23605 has been installed.

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 with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.

This is considered interim action. Airbus Industrie has advised the FAA that it is developing an alternative method of girt bar position indication for all Model A320 series airplanes that will not entail a design feature that would contribute to the addressed problem of lanyard entanglement. Once this modification is developed, approved, and available, the FAA may consider further rulemaking.

The FAA estimates that 59 Model A320 airplanes of U.S. registry will be affected by this AD.

Accomplishment of the removal of the girt bar visual indicator brackets will take approximately 1 work hour per airplane, at an average labor rate of $55 per work hour. Based on these figures, the total cost impact of this removal action on U.S. operators who elect to accomplish it is estimated to be $55 per airplane.

The time necessary to accomplish the modification of the lanyard may vary from operator to operator, depending upon the design submitted for approval by the FAA. However, the FAA estimates that a typical modification will require an average of 2 work hours to accomplish, at an average labor rate of $55 per work hour. Based on the these figures, the total cost impact of this modification action on U.S. operators who elect to accomplish it is estimated to be $110 per airplane.

Based on the figures discussed above, the total cost impact of this AD on U.S. operators is estimated to be between $3,245 and $6,490. This total cost impact figure 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.

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 certifythat 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, 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. 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: