[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Rules and Regulations]
[Pages 6928-6931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3613]



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

[[Page 6929]]



DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-191-AD; Amendment 39-9519; AD 96-04-07]


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: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Airbus Model A310 and A300-600 series 
airplanes. This amendment requires repetitive inspections to detect 
distortion and/or cracks on the attachment brackets of the backrest 
recline control locks of certain seats. It also provides for an 
optional modification which, if accomplished, terminates the repetitive 
inspections. This amendment is prompted by a report of failure of the 
bracket of the backrest recline control lock on a seat due to fatigue-
related cracking. The actions specified by this 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: Effective March 25, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 25, 1996.

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: Phil Forde, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2146; fax (206) 227-1149.

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 A310 and 
A300-600 series airplanes was published in the Federal Register on June 
2, 1995 (60 FR 526678) as a supplemental notice of proposed rulemaking 
(NPRM). That action proposed to require repetitive inspections to 
detect distortion and/or cracks on the attachment brackets of the 
backrest recline control locks of certain seats. It also proposed an 
optional modification which, if accomplished, would terminate the 
repetitive inspection requirement.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    Three commenters support the proposal.

Request To Withdraw the Proposal

    One commenter requests that the proposal be withdrawn. This 
commenter contends that an AD is not justified based on only one 
incident of failure that occurred on one seat. The commenter considers 
that issuing an AD to address only this one occurrence is a 
misapplication of the AD process.
    The FAA does not concur with the commenter's request. The FAA 
points out that the seat backrest recline lock mechanism currently is 
not the subject of routine maintenance to determine the presence of 
distortion or cracking. Therefore, cracking and distortion potentially 
could be present or developing on these components throughout the 
affected fleet. While it is true that there has been only one incident 
of failure of the lock mechanism identified so far, the FAA finds that 
the unsafe condition presented by such failure is likely to exist or 
develop on other products of this same type design. According to 
section 39.1 (``Airworthiness Directives'') of the Federal Aviation 
Regulations (FAR) (14 CFR 39.1), the issuance of an AD must be based on 
just such a finding. Further, it is within the FAA's authority to issue 
AD's to require actions to address unsafe conditions that are not 
otherwise being addressed (or addressed adequately) by normal 
maintenance procedures. The intent of this AD is to ensure that 
maintenance procedures include inspections of the backrest recline lock 
mechanism.

Request To Extend Compliance Time

    Another commenter, an operator, requests that the compliance time 
for the initial inspection be extended. This commenter plans to 
accomplish the terminating modification at a time that coincides with 
its normally scheduled maintenance checks and, therefore, requests that 
the compliance time for the inspection be extended to June 1997.
    The FAA does not concur with this commenter's request. Based on the 
unsafe condition associated with the failure of the lock mechanism 
(uncommanded 50 deg. angle recline of the pilot or co-pilot seat), the 
FAA considers that the compliance time for the inspection, as proposed, 
represents the most appropriate interval of time allowable for the 
affected airplanes to continue to operate prior to accomplishing that 
inspection without compromising safety. The FAA also finds that, in 
order to ensure continuing operational safety, these inspections must 
be repeated at regular intervals until a terminating modification is 
installed. However, paragraph (c) of the final rule does provide 
affected operators the opportunity to apply for an adjustment of the 
compliance time if data are presented to justify such an adjustment.

Explanation of New Service Information

    On March 22, 1995, SOGERMA-SOCEA issued Revision 2 of Service 
Bulletin 25-233. Revision 2 completely supersedes Revision 1, which was 
referenced in the supplemental NPRM as the appropriate source of 
service information. This new revision describes new procedures for 
modification of the backing of the control locks attachment fittings of 
the seat backrest recline. This modification involves installing 
certain nuts, lock nuts, back plates, fittings, and flat washers on the 
seat bottoms. Accomplishment of this modification eliminates the need 
for repetitive inspections of the lock mechanism. The Direction 
Generale de l'Aviation Civile (DGAC), which is the airworthiness 
authority for France, approved this revision of the service bulletin; 
and the FAA has revised paragraph (b) of the final rule to cite 
Revision 2 as the appropriate source of service information for 
accomplishing the terminating modification. Modifications that were 
accomplished in accordance with Revision 1 of the service bulletin 
prior to the effective date of the final rule are considered acceptable 
for compliance.

Conclusion

    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 

[[Page 6930]]
determined that these changes will neither increase the economic burden 
on any operator nor increase the scope of the AD.

Cost Impact

    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 inspections, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $11,760, or $240 
per airplane, per inspection cycle.
    The 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.
    Should an operator elect to accomplish the optional terminating 
action that is provided by this AD, 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.

Regulatory Impact

    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:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

96-04-07  Airbus Industrie: Amendment 39-9519. 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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    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 either 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 attachment fittings 
of the seat backrest recline, in accordance with SOGERMA-SOCEA 
Service Bulletin 25-233, Revision 2, dated March 22, 1995. 
Accomplishment of this modification constitutes terminating action 
for the repetitive inspection requirements of this AD.

    Note 2: Modification of the backing of the control locks 
attachment fittings of the seat backrest recline that was 
accomplished in accordance with SOGERMA-SOCEA Service Bulletin 25-
233, Revision 1, dated March 22, 1995, prior to the effective date 
of this AD, is considered acceptable for compliance with paragraph 
(a)(2)(ii) 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 2, dated March 22, 1995, constitutes 
terminating action for the repetitive inspection requirements of 
this AD.

    Note 3: Modification of the backing of the control locks 
attachment fittings of the seat backrest recline that was 
accomplished in accordance with SOGERMA-SOCEA Service Bulletin 25-
233, Revision 1, dated March 22, 1995, prior to the effective date 
of this AD, is considered acceptable for compliance with paragraph 
(b) 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 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.

    (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.
    (e) The inspections and replacements shall be done in accordance 
with SOGERMA-SOCEA Service Bulletin 25-229, dated November 26, 1993. 
The modification shall be done in accordance with SOGERMA-SOCEA 
Service Bulletin 25-233, Revision 2, dated March 22, 1995, which 
contains the following list of effective pages: 

[[Page 6931]]


------------------------------------------------------------------------
                                  Revision level                        
            Page No.              shown on page-    Date shown on page  
------------------------------------------------------------------------
1-4, 6-16......................  2..............  Mar. 22, 1995.        
5..............................  Original.......  Sept. 14, 1994.       
------------------------------------------------------------------------

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.
    (f) This amendment becomes effective on March 25, 1996.

    Issued in Renton, Washington, on February 12, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-3613 Filed 2-22-96; 8:45 am]
BILLING CODE 4910-13-U