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[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Proposed Rules]               
[Page 74665-74668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de10-24]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1162; Directorate Identifier 2010-NM-099-AD]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A310 Airplanes, and Airbus 
Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-
605R Variant F Airplanes (Collectively Called A300-600 Series 
Airplanes)

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    Prompted by a reported in-service event, EASA issued AD 2009-
0084 to prevent unwanted movement of pilot- or co-pilot seat in the 
horizontal direction which is considered as potentially unsafe, 
especially during the takeoff phase when the speed of the aeroplane 
is greater than 100 knots and until landing gear retraction.
* * * * *

    Uncommanded movement of the pilot and co-pilot seats during takeoff 
or landing could interfere with the operation of the airplane and, as a 
result, could cause loss of control of the airplane. The proposed AD 
would require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by January 18, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; e-mail: account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 74666]]

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1162; 
Directorate Identifier 2010-NM-099-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On May 15, 2009, we issued AD 2009-11-09, Amendment 39-15919 (74 FR 
25399, May 28, 2009). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2009-11-09, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2010-0070, 
dated April 14, 2010 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Prompted by a reported in-service event, EASA issued AD 2009-
0084 [which corresponds to FAA AD 2009-11-09] to prevent unwanted 
movement of pilot- or co-pilot seat in the horizontal direction 
which is considered as potentially unsafe, especially during the 
takeoff phase when the speed of the aeroplane is greater than 100 
knots and until landing gear retraction.
    AD 2009-0084 required the deactivation of the electrical power 
of SOGERMA pilot seats P/N 2510112 series and co-pilot seats P/N 
2510113 series. Optional intermediate actions were also provided by 
AD 2009-0084 to allow partial or full restoration of seat adjustment 
functionality.
    Since AD 2009-0084 was issued, a permanent solution has been 
developed that terminates the de-activation requirement and 
invalidates the intermediate actions.
    Consequently, this AD retains requirements of EASA AD 2009-0084, 
which is superseded, and requires implementing the terminating 
action. In addition, this AD prohibits the (re)installation of 
unmodified pilot- and co-pilot seats on any aeroplane that has been 
modified in accordance with the requirements of this AD.

    Uncommanded movement of the pilot and co-pilot seats during takeoff 
or landing could interfere with the operation of the airplane and, as a 
result, could cause loss of control of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued the service information specified in the 
following table.

                                           Table--Service Information
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                 Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A300-25- Original....................  August 31, 2009.
 6217.
Airbus Mandatory Service Bulletin A310-25- Original....................  August 31, 2009.
 2205.
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    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 132 products of U.S. registry.
    The actions that are required by AD 2009-11-09 and retained in this 
proposed AD take about 2 work-hours per product, at an average labor 
rate of $85 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $170 per product.
    We estimate that it would take about 2 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $5,000 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of the proposed AD 
on U.S. operators to be $704,880, or $5,340 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

[[Page 74667]]

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect 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.
    For the reasons discussed above, I certify 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Amendment 39-15919 (74 FR 
25399, May 28, 2009) and adding the following new AD:

Airbus: Docket No. FAA-2010-1162; Directorate Identifier 2010-NM-
099-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2011.

Affected ADs

    (b) This AD supersedes AD 2009-11-09, Amendment 39-15919.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category; all 
serial numbers having SOGERMA 2510112 series pilot electrical seats 
or SOGERMA 2510113 series co-pilot electrical seats installed.
    (1) Airbus Model A300 B4-601, A300 B4-603, A300 B4-620, and A300 
B4-622, A300 B4-605R and A300 B4-622R; A300 F4-605R and A300 F4-
622R; and A300 C4-605R Variant F airplanes.
    (2) Airbus Model A310-203, -204, -221, -222, -304, -322, -324, 
and -325 airplanes.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Prompted by a reported in-service event, EASA issued AD 2009-
0084 to prevent unwanted movement of pilot- or co-pilot seat in the 
horizontal direction which is considered as potentially unsafe, 
especially during the takeoff phase when the speed of the aeroplane 
is greater than 100 knots and until landing gear retraction.
* * * * *
    Uncommanded movement of the pilot and co-pilot seats during 
takeoff or landing could interfere with the operation of the 
airplane and, as a result, could cause loss of control of the 
airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2009-11-09, With No Changes

    (g) Within 15 days after June 12, 2009 (the effective date of AD 
2009-11-09): Deactivate the electrical supply of SOGERMA 2510112 
series pilot seats and SOGERMA 2510113 series co-pilot seats, in 
accordance with the instructions of Airbus All Operators Telex (AOT) 
A310-25A2203, Revision 02, dated March 2, 2009; or Airbus AOT A300-
25A6215, Revision 02, dated March 2, 2009; as applicable.
    (h) For optional intermediate action for restoration of the 
electrical adjustment of the vertical seat movement only: 
Deactivating the electrical powered horizontal movement of SOGERMA 
2510112 series pilot seats or SOGERMA 2510113 series co-pilot seats, 
in accordance with the instructions of EADS SOGERMA Alert Service 
Bulletin A2510112-25-764, Revision 1, dated February 17, 2009, 
allows restoration of the vertical adjustment only.
    (i) For optional intermediate action for restoration of the 
electrical adjustment of the vertical seat and horizontal seat 
movement: Inspecting the position of switch `S4' and the related 
shim of SOGERMA 2510112 series pilot seats or SOGERMA 2510113 series 
co-pilot seats, in accordance with EADS SOGERMA Inspection Service 
Bulletin 2510112-25-807, dated February 20, 2009, allows 
reactivation of both horizontal and vertical electrical movements, 
provided the measurement results of the inspection are within the 
acceptable value indicated in the service bulletin, and provided 
that the inspection is repeated thereafter at intervals not to 
exceed 2 months. If the measurement result of any inspection is not 
within the acceptable value indicated in the EADS SOGERMA Inspection 
Service Bulletin 2510112-25-807, dated February 20, 2009, the 
horizontal movement must be deactivated before further flight.
    (j) At the applicable time specified in paragraph (j)(1) or 
(j)(2) of this AD: Submit a report of the findings for the first 
inspection done in accordance with paragraph (i) of this AD to 
Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France. The report must include a 
detailed fleet inspection report, including measurement values, and 
pin and serial numbers for each seat.
    (1) If the inspection was done on or after June 12, 2009: Submit 
the report within 30 days after the inspection.
    (2) If the inspection was accomplished prior to June 12, 2009: 
Submit the report within 30 days after June 12, 2009.
    (k) Modifications made prior to June 12, 2009, in accordance 
with EADS SOGERMA Alert Service Bulletin A2510112-25-764, dated 
December 19, 2008, are considered acceptable for compliance with the 
applicable action specified in this AD.

New Requirements of This AD

    (l) Within 12 months after the effective date of this AD: 
Install an enlarged shim for the horizontal switch actuation on each 
affected seat, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A300-25-6217 (for Model A300-600 
airplanes) or A310-25-2205 (for Model A310 airplanes), both dated 
August 31, 2009. Doing the installation required by paragraph (l) of 
this AD terminates the requirements of paragraphs (g), (h), and (i) 
of this AD.
    (m) As of the effective date of this AD, no person may install 
any SOGERMA 2510112 series pilot seat or SOGERMA 2510113 series co-
pilot seat, on any airplane, unless that seat has been modified in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A300-25-6217 (for Model A300-600 airplanes) or 
A310-25-2205 (for Model A310 airplanes), both dated August 31, 2009; 
as applicable.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (n) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office.

[[Page 74668]]

The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (o) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0070, dated April 14, 2010; and the 
service information specified in Table 1 of this AD; as applicable; 
for related information.

                                          Table 1--Service Information
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                 Document                            Revision                              Date
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Airbus All Operators Telex A300-25A6215..  02..........................  March 2, 2009.
Airbus All Operators Telex A310-25A2203..  02..........................  March 2, 2009.
Airbus Mandatory Service Bulletin A300-25- Original....................  August 31, 2009.
 6217.
Airbus Mandatory Service Bulletin A310-25- Original....................  August 31, 2009.
 2205.
EADS SOGERMA Alert Service Bulletin        1...........................  February 17, 2009.
 A2510112-25-764.
EADS SOGERMA Inspection Service Bulletin   Original....................  February 20, 2009.
 A2510112-25-807.
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    Issued in Renton, Washington, on November 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-30135 Filed 11-30-10; 8:45 am]
BILLING CODE 4910-13-P
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