[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
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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.

-----------------------------------------------------------------------

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                  
------------------------------------------------------------------------
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.       
------------------------------------------------------------------------

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]
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