[Federal Register Volume 60, Number 106 (Friday, June 2, 1995)]
[Proposed Rules]
[Pages 28761-28763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13504]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-191-AD]


Airworthiness Directives; Airbus Model A310 and A300-600 Series 
Airplanes Equipped with SOGERMA-SOCEA Pilot, Co-Pilot, and Third 
Occupant Seats

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Airbus Model A310 and A300-600 
series airplanes, that would have required repetitive inspections to 
detect distortion and/or cracks on the attachment brackets of the 
backrest recline control locks of certain seats. That proposed AD would 
have also required replacement of cracked or distorted brackets and 
their associated attachment fittings with new parts, which would have 
terminated the repetitive inspection requirements. That proposal was 
prompted by a report of failure of the bracket of the backrest recline 
control lock on a seat due to fatigue-related cracking. This action 
revises the proposed rule by requiring repetitive inspections following 
replacement of cracked or distorted brackets and by providing a new 
optional terminating modification for the repetitive inspections. The 
actions specified by this proposed AD are intended to prevent fatigue-
related cracking and/or distortion, which could result in failure of 
the seat backrest attach fitting, and the subsequent uncommanded 
50 deg. angle recline of the pilot or co-pilot seat; this situation 
could lead to the temporary inability of the pilots to control the 
airplane.

DATES: Comments must be received by June 23, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-191-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from SOGERMA-SOCEA, Group Aerospatiale, Product Support 
Department, B.P. 109, 17303 Rochefort Cedex, France. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 94-NM-191-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. [[Page 28762]] 94-NM-191-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Airbus Model A310 and A300-600 series airplanes, was published 
as a notice of proposed rulemaking (NPRM) in the Federal Register on 
December 16, 1994 (59 FR 64872). That NPRM would have required 
repetitive detailed visual inspections to detect distortion and/or 
cracks on the attachment brackets of the seat backrest recline control 
locks. That NPRM would have also required replacement of both of the 
brackets and their associated attachment fittings with new parts; this 
replacement would have constituted terminating action for the 
repetitive inspection requirements. That NPRM was prompted by a report 
of failure of the bracket of the backrest recline control lock on a 
seat due to fatigue-related cracking. Fatigue cracks and/or distortion 
of the bracket of the backrest recline control lock, if not detected 
and corrected in a timely manner, could result in failure of the seat 
backrest attach fittings, and the subsequent uncommanded 50 deg. angle 
recline of the pilot or co-pilot seat; this situation could lead to the 
temporary inability of the pilots to control the airplane.
    Due consideration has been given to the comments received in 
response to the NPRM:
    Two commenters request that the FAA revise the proposed rule to 
include SOGERMA-SOCEA Service Bulletin 25-233 as an optional 
terminating modification for the repetitive inspection requirements.
    The FAA concurs. Since the issuance of that NPRM, SOGERMA-SOCEA has 
issued Service Bulletin 25-233, Revision 1, dated January 9, 1995, 
which describes procedures for modification of the backing of the 
control locks fittings of the backrest recline. This modification 
involves replacing lock washers with a back-plate and a flat washer. 
Accomplishment of this modification would eliminate the need for the 
repetitive inspections. The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, approved this 
service bulletin and issued French airworthiness directive 94-188-
162(B) R1 in order to assure the continued airworthiness of these 
airplanes in France.
    The FAA examined the findings of the DGAC and reviewed the new 
service information. The FAA finds that replacement of the distorted or 
cracked brackets, as specified in the proposal, cannot preclude further 
cracking or distortion in the seat backrest attach fittings. Therefore, 
to ensure safety of the fleet, the FAA finds that inspections of the 
attachment brackets of the backrest recline controls locks of certain 
seats must be performed repetitively following replacement of distorted 
or cracked brackets, as specified in the French airworthiness 
directive. The FAA has revised paragraph (a) of this supplemental NPRM 
accordingly. In addition, the FAA has revised this supplemental NPRM to 
provide a new optional terminating modification for the repetitive 
inspections, as described in SOGERMA-SOCEA Service Bulletin 25-233 and 
specified in the French airworthiness directive.
    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.
    The FAA estimates that 49 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$11,760, or $240 per airplane, per inspection cycle.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    Should an operator elect to accomplish the optional terminating 
action that would be provided by this proposed AD action, the number of 
hours required to accomplish it would be approximately 1 per airplane, 
at an average labor charge of $60 per work hour. Required parts would 
be supplied by the manufacturer at no cost to the operators. Based on 
these figures, the total cost impact of the optional terminating action 
on U.S. operators would be $60 per airplane.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (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); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus Industrie: Docket 94-NM-191-AD.

    Applicability: Model A310 and A300-600 series airplanes equipped 
with SOGERMA-SOCEA pilot, co-pilot, and third occupant seats; as 
listed in SOGERMA-SOCEA Service Bulletin 25-229, dated November 26, 
1993; 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 (c) 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 
[[Page 28763]] 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 fatigue cracks and/or distortion in the seat bracket 
of the backrest recline control lock, which could result in failure 
of the seat backrest attach fittings, the uncommanded 50 deg. angle 
recline of the pilot or co-pilot seat, and, subsequently, lead to 
the temporary inability of the pilots to control the airplane, 
accomplish the following:
    (a) Prior to the accumulation of 10,000 total flight hours or 
within 500 flight hours after the effective date of this AD, 
whichever occurs later, perform a detailed visual inspection to 
detect distortion and/or cracks on the attachment brackets of the 
backrest recline control locks of certain seats, in accordance with 
SOGERMA-SOCEA Service Bulletin 25-229, dated November 26, 1993.
    (1) If no bracket is distorted or cracked, repeat the inspection 
thereafter at intervals not to exceed 5,000 flight hours.
    (2) If any bracket is distorted or cracked, prior to further 
flight, accomplish paragraph (a)(2)(i) or (a)(2)(ii) of this AD.
    (i) Replace both of the brackets and their associated attachment 
fittings with new parts, in accordance with SOGERMA-SOCEA Service 
Bulletin 25-229, dated November 26, 1993. Thereafter, repeat the 
inspection at intervals not to exceed 5,000 flight hours. Or,
    (ii) Modify the backing of the control locks fittings of the 
backrest recline, in accordance with SOGERMA-SOCEA Service Bulletin 
25-233, Revision 1, dated January 9, 1995. Accomplishment of this 
modification constitutes terminating action for the repetitive 
inspection requirements of this AD.
    (b) Modification of the backing of the control locks fittings of 
the backrest recline, in accordance with SOGERMA-SOCEA Service 
Bulletin 25-233, Revision 1, dated January 9, 1995, constitutes 
terminating action for the repetitive inspection requirements of 
this AD.
    (c) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) 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.

    Issued in Renton, Washington, on May 26, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-13504 Filed 6-1-95; 8:45 am]
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