[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Rules and Regulations]
[Pages 32577-32579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14769]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules
and Regulations
[[Page 32577]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-148-AD; Amendment 39-9281; AD 95-13-01]
Airworthiness Directives; Air Bus Model A320 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Model A320 series airplanes, that requires
inspections to determine the gap of the seat track joints at frame 64,
and correction of discrepancies. This amendment also requires eventual
modification of the seat tracks on all affected airplanes, which
terminates the requirement of repetitively removing or repositioning
the seats. This amendment is prompted by in-service inspection reports,
which have revealed that a gap between the forward and aft seat track
at frame 64 could exceed the tolerance limit due to a method used on
the assembly line to control the position of the seat track. The
actions specified by this AD are intended to ensure that the gap of the
seat track joints do not exceed the tolerance limit and subsequently
lead to separation of the passenger seats from the seat track under
emergency landing conditions.
DATES: Effective July 24, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 24, 1995.
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Tim Backman, Aerospace Engineer, Standardization Branch, ANM-113, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (206) 227-2776; fax (206) 277-1181.
SUPPLEMENTARY INFORMATION: 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 in the Federal Register on November 2, 1994 (59
FR 54849). That action proposed to require a one-time visual inspection
to determine if a seat fitting having an x-plunger behind a z-stud is
installed at the seat track joint at frame 64, and correction of
discrepancies. That action also proposed to require modification of the
seat tracks, which would terminate the requirement of repetitively
removing or respositioning the seats whenever the cabin configuration
is changed.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
One commenter supports the proposed rule.
One commenter requests that the terminating modification be
optional rather than required, since there is no increase in safety by
requiring the terminating modification. The commenter states that the
only benefit of requiring the terminating modification is that
operators do not have to repetitively remove or reposition the seat
when the internal configuration of the airplane is changed. The FAA
does not concur. The FAA has determined that long term continued
operational safety will be better assured by design change to remove
the source of the problem, rather than by repetitively removing or
repositioning the seats and other equipment when the interior
configuration of the airplane is changed. Repetitive removal/
repositioning of the seats over the longer term may not be providing
the degree of safety assurance necessary for the transport airplane
fleet. This, coupled with a better understanding of the human factors
associated with numerous continual actions, has led the FAA to consider
placing less emphasis on repetitively removing or repositioning the
seats and more emphasis on design improvements. The modification
requirement of this AD is in consonance with these considerations.
The same commenter requests that the compliance time for
accomplishment of the modification be extended from the proposed 30
months to 48 months. This commenter states that such an extension will
allow the modification to be accomplished during a regularly scheduled
``D'' check. This commenter states that it would have to special
schedule its fleet of airplanes in order to accomplish the proposed
modification within the proposed compliance time; this would entail
considerable additional expenses and schedule disruptions. The FAA does
not concur with the commenter's request to extend the compliance time.
In developing an appropriate compliance time for this action, the FAA
considered not only the degree of urgency associated with addressing
the subject unsafe condition, but the availability of required parts
and the practical aspect of installing the required modification during
affected operators' scheduled maintenance holds. The manufacturer has
advised that an ample number of required parts will be available for
modification of the U.S. fleet within the proposed compliance period.
However, under the provisions of paragraph (d) of the final rule, the
FAA may approve requests for adjustments to the compliance time if data
are submitted to substantiate that such an adjustment would provide an
acceptable level of safety.
The same commenter also requests clarification regarding the
structural modification procedures described in Airbus Service Bulletin
A320-53-1088, which is referenced in the proposal as the appropriate
source of service information. The FAA concurs that clarification is
necessary and provides the following specific information: That service
bulletin describes two procedures (Solution 1 and Solution 2) for
accomplishing the subject modification, depending on the
[[Page 32578]] magnitude of the gap. For a gap that is greater than 2.8
mm but less than 3.8 mm, Solution 1 involves removing the seat track
couplings, adjusting the gap, and installing new couplings. For a gap
that exceeds 3.8 mm, Solution 2 involves removing the couplings,
seatrail beams, and cross beams; adjusting the gap; installing new
couplings and a seatrail beam; and reinstalling the crossbeams. For
further clarification purpose, the FAA has determined that, when
referring to the subject modification, the phrase ``modification of the
seat tracks'' is clearer than the phrase ``repositioning or replacing
the seat tracks.'' Therefore, the text of the final rule has been
revised accordingly throughout.
Additionally, this commenter requests that the FAA revise paragraph
(b)(2) of the proposal to require marking the discrepant seat track
junctions so that they can be identified visually. This commenter
states that marking the discrepant junctions would be a secondary
method to ensure that the aft attach point of an installed article is
not installed at frame 64 after accomplishing the one-time inspection.
This commenter notes that it has painted discrepant junctions with red
paint. The FAA does not concur totally. Neither the referenced All
Operators Telex 53-01 nor Airbus Service Bulletin A320-53-1088 contain
any specific procedures for marking discrepant seat track junctions.
However, operators are always permitted to perform actions beyond those
strictly required by an AD. Therefore, if an operator elects to mark
the discrepant junctions, in addition to removing/repositioning the
seat or modifying the seat tracks, it is that operator's prerogative to
do so. The FAA finds it appropriate not to revise the final rule, but
to leave it to the individual operators' discretion whether or not to
mark the discrepant junctions.
Further, this commenter requests that the FAA ensure that the
proposed rule does not reference Airbus Service Bulletin A32-53-1088 as
the appropriate source of service information for removing or
repositioning the seat, if the seat track junction exceeds the given
valve. The commenter states that Airbus All Operators Telex 53-01 is
the appropriate source of service information for these procedures. The
FAA points out that the relevant paragraph (b)(2)(i)(A) of the final
does not mention Service Bulletin A32-53-1088, and it does reference
All Operators Telex 53-01.
Since issuance of the NPRM, Airbus has issued Revision 3 of Service
Bulletin A320-53-1088, dated March 27, 1994. This service bulletin is
essentially identical to the original issue, but contains certain
editorial changes. The Direction Generale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, has classified this
service bulletin as mandatory in order to assure the continued
airworthiness of these airplanes in France. The FAA has revised the
final rule to reference this revision of the service bulletin as the
appropriate source of service information. (Required actions that were
previously performed in accordance with earlier revisions of this same
service bulletin will be considered to be in compliance with this AD.)
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the AD, but that have been altered or
repaired in the area addressed by the AD. The FAA points out that all
airplanes identified in the applicability provision of an AD are
legally subject to the AD. If an airplane has been altered or repaired
in the affected area in such a way as to affect compliance with the AD,
the owner or operator is required to obtain FAA approval for an
alternative method of compliance with the AD, in accordance with the
paragraph of each AD that provides for such approvals. A note has been
added to this final rule to clarify this long-standing requirement.
Additionally, the FAA has recently reviewed the figures it has used
over the past several years in calculating the economic impact of AD
activity. In order to account for various inflationary costs in the
airline industry, the FAA has determined that it is necessary to
increase the labor rate used in these calculations from $55 per work
hour to $60 per work hour. The economic impact information, below, has
been revised to reflect this increase in the specified hourly labor
rate.
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 changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
The FAA estimates that 85 airplanes of U.S. registry will be
affected by this AD.
It will take approximately 7 work hours per airplane to accomplish
the required inspection at an average labor rate of $60 per work hour.
Based on these figures, the total cost impact of the inspection
required by this AD on U.S. operators is estimated to be $35,700, or
$420 per airplane.
It will take approximately 54 work hours per airplane to accomplish
the required modification at an average labor rate of $60 per work
hour. Required parts will be supplied by the manufacturer at no cost to
the operators. Based on these figures, the total impact of the
modification required by this AD on U.S. operators is estimated to be
$275,400, or $3,240.
Based on above figures, the total cost impact of the required
inspection and modification on U.S. operators is estimated to be
$311,100, or $3,660 per airplane.
The total cost impact figure discussed above 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 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 in 14 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 part 39 of
the Federal Aviation Regulations (14 CFR part 39) as
follows: [[Page 32579]]
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-13-01 Airbus Industrie: Amendment 39-9281. Docket 94-NM-148-AD.
Applicability: Model A320 series airplanes; manufacturer's
serial numbers 002 through 008 inclusive, 010 through 014 inclusive,
016 through 078 inclusive, 088 through 122 inclusive, 124 through
179 inclusive, 183 through 194 inclusive, 196 through 228 inclusive,
230 through 251 inclusive, and 253 through 255 inclusive;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (d) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent separation of the passenger seats from the seat track
during an emergency landing, accomplish the following:
(a) Within 450 flight cycles after the effective date of this
AD, perform a visual inspection to determine if a seat fitting
having an x-plunger behind a z-stud is installed at the seat track
joint at frame 64, in accordance with Airbus All Operator Telex
(AOT) 53-01, dated August 27, 1992.
(b) If such a seat fitting is installed, prior to further
flight, measure the gap between the forward and aft seat tracks at
frame 64, in accordance with the Airbus AOT 53-01, dated August 27,
1992.
(1) If the gap is less than or equal to 2.8 mm, prior to further
flight, apply sealing material at the seat tracks, in accordance
with the AOT.
(2) If the gap is greater than 2.8 mm, prior to further flight,
accomplish the requirements of either paragraph (b)(2)(i) or
(b)(2)(ii) of this AD, as applicable.
(i) For airplanes equipped with passenger seats at frame 64:
Accomplish either paragraph (b)(2)(i)(A) or (b)(2)(i)(B) of this AD:
(A) Remove or reposition the seat in accordance with Airbus AOT
53-01, dated August 27, 1992. Thereafter, repeat the removal or
repositioning whenever the cabin configuration is changed until the
accomplishment of paragraph (c) of this AD. Or
(B) Modify the seat tracks in accordance with Airbus Service
Bulletin A320-53-1088, Revision 3, dated March 27, 1994. Such
modification constitutes terminating action for the requirements of
this AD.
Note 2: Modification of the seat tracks prior to the effective
date of this amendment in accordance with Airbus Service Bulletin
A320-53-1088, original issue through Revision 2, is considered
acceptable for compliance with the applicable actions specified in
this paragraph.
(ii) For airplanes equipped with equipment other than passenger
seats at frame 64: Prior to further flight, correct the discrepancy
in accordance with a method approved by the Manager, Standardization
Branch, ANM-113, FAA, Transport Airplane Directorate.
(c) Within 30 months after the effective date of this AD, modify
the seat tracks, in accordance with Airbus Service Bulletin A320-53-
1088, Revision 3, dated March 27, 1994. Accomplishment of this
modification constitutes terminating action for the requirements of
this AD.
Note 3: Modification of the seat tracks prior to the effective
date of this amendment in accordance with Airbus Service Bulletin
A320-53-1088, original issue through Revision 2, is considered
acceptable for compliance with the applicable actions specified in
this paragraph.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(f) The actions shall be done in accordance with All Operators
Telex 53-01, dated August 27, 1992, or Airbus Service Bulletin A320-
53-1088, Revision 3, dated March 27, 1994; as applicable. Revision 3
of Airbus Service Bulletin A320-53-1088 contains the following list
of effective pages:
------------------------------------------------------------------------
Revision
level Date shown on
Page No. shown on page
page
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1, 4-6, 12, 13, 17, 29, 30, 45, 46, 53, 61, 3 March 27,
62, 77, 78, 86, 93, 94, 102, 109, 110, 118, 1994.
125, 132, 139, 149, 153, 164.
2, 13A, 13B, 14, 17A, 17B, 18................ 2 November 22,
1993.
3, 8, 11, 15, 16, 19, 20, 21-28, 31-44, 47- Original May 10, 1993.
52, 54-60, 63-76, 79-85, 87-92, 95-101, 103-
108, 111-117, 119-124, 126-131, 133-138, 140-
148, 150-152, 154-163.
7, 9, 10, 19A, 20A........................... 1 August 16,
1993.
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This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Airbus Industrie, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(g) This amendment becomes effective on July 24, 1995.
Issued in Renton, Washington, on June 12, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-14769 Filed 6-22-95; 8:45 am]
BILLING CODE 4910-13-M
