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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
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 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:
                    ( print 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
Document
Revision
DateAirbus Mandatory Service Bulletin A300-25-6217
Original
August 31, 2009.Airbus Mandatory Service Bulletin A310-25-2205
Original
August 31, 2009.
 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.
                    ( print 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. § 39.13
  2. The FAA amends § 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. 
                                ( print 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
Document
Revision
DateAirbus All Operators Telex A300-25A6215
02
March 2, 2009.Airbus All Operators Telex A310-25A2203
02
March 2, 2009.Airbus Mandatory Service Bulletin A300-25-6217
Original
August 31, 2009.Airbus Mandatory Service Bulletin A310-25-2205
Original
August 31, 2009.EADS SOGERMA Alert Service Bulletin A2510112-25-764
1
February 17, 2009.EADS SOGERMA Inspection Service Bulletin A2510112-25-807
Original
February 20, 2009.
 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