31800 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of 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 with FAA 

personnel concerning this AD. Using the 

search function of the docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

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 that the 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 an economic evaluation 

of the estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

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. 

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. 

§ 39.13 [Amended] 

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2011–11–04 L’Hotellier: Amendment 39– 

16703. Docket No. FAA–2011–0506; 

Directorate Identifier 2010–SW–020–AD. 

Applicability: Portable Halon 1211 fire 

extinguisher, part number 863520–00, with a 

serial number listed in Table 1 of this AD, 

installed on various model helicopters 

including Eurocopter France Model EC120B; 

AS350B, BA, B1, B2, B3, and D; AS355E, F, 

F1, N, and NP; and SA341G or 342J 

helicopters, certificated in any category, 

except for a fire extinguisher that has a label 

containing a reference to ‘‘SBA 863520–26– 

001’’ indicating that it has been reconditioned 

with pure Halon 1211 according to 

L’Hotellier internal procedure ITR70030–00. 

TABLE 1 

From S/N 

with 

a prefix of 

‘‘RM’’ 

Through S/N 

with 

a prefix of 

‘‘RM’’ 

Quantity 

69308 ........... 69355 ............. 48 

69540 ........... 69599 ............. 60 

69601 ........... 69674 ............. 74 

69812 ........... 69867 ............. 56 

69888 ........... 69952 ............. 65 

70177 ........... 70271 ............. 95 

70273 ........... 70302 ............. 30 

70457 ........... 70555 ............. 99 

70734 ........... 70752 ............. 19 

70860 ........... 70883 ............. 24 

70959 ........... 71034 ............. 76 

71034 ........... 71185 ............. 152 

71355 ........... 71385 ............. 31 

71581 ........... 71619 ............. 39 

71652 ........... 71690 ............. 39 

Compliance: Required as indicated, unless 

accomplished previously. 

The actions specified in this AD are 

intended to prevent using contaminated gas 

that may reduce fire suppression and release 

toxic fumes that would endanger the safety 

of the helicopter and its occupants. 

(a) Within 60 days, replace each 

unairworthy fire extinguisher with an 

airworthy fire extinguisher. 

Note 1: L’Hotellier Service Bulletin 

863520–26–001, dated December 21, 2009, 

contains information that relates to the 

subject of this AD. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, ATTN: DOT/FAA 

Southwest Region, J.R. Holton, Jr., ASW–112, 

Aviation Safety Engineer, Rotorcraft 

Directorate, Safety Management Group, 2601 

Meacham Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–4964, fax (817) 222– 

5961, for information about previously 

approved alternative methods of compliance. 

deactivated. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 2622: Fire Bottle, Portable. 

(d) This amendment becomes effective on 

June 17, 2011. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency AD No. 

2009–0277R1, dated February 5, 2010. 

Issued in Fort Worth, Texas, on May 11, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–13635 Filed 6–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0543; Directorate 

Identifier 2011–CE–018–AD; Amendment 

39–16709; AD 2011–12–02] 

RIN 2120–AA64 

Airworthiness Directives; Viking Air 

Limited Model DHC–3 (Otter) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that are equipped 

with a Honeywell TPE331–10 or –12JR 

turboprop engine installed per 

Supplemental Type Certificate (STC) 

SA09866SC. This AD requires 

incorporating revised airspeed 

limitations and marking the airspeed 

indicator accordingly. There is also a 

requirement for the installation of a 

temporary placard until the airspeed 

indicator can be modified but not to 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31801 

exceed a certain period of time. This AD 

was prompted by analysis that showed 

that airspeed limitations for the affected 

airplanes are not adjusted for the 

installation of a turboprop engine as 

stated in the regulations. We are issuing 

this AD to prevent the loss of airplane 

structural integrity due to the affected 

airplanes being able to operate at speeds 

that exceed the speeds established in 

the Federal aviation regulations for safe 

operation. 

DATES: This AD is effective June 2, 2011. 

We must receive comments on this 

AD by July 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 W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Peter W. Hakala, Aerospace Engineer, 

FAA Rotorcraft Directorate, Fort Worth 

Special Certification Office, ASW–190, 

FAA, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; phone: (817) 222–5145; 

fax: (817) 222–5785; e-mail: 

peter.w.hakala@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Recent analysis by the FAA on the 

Viking Air Limited Model DHC–3 

(Otter) airplanes equipped with a 

Honeywell TPE331–10 or –12JR 

turboprop engine installed per 

Supplemental Type Certificate (STC) 

SA09866SC revealed that airspeed 

limitations for the affected airplanes are 

not adjusted for the installation of a 

turboprop engine as stated in the 

regulations. 14 CFR 23.1505 paragraph 

(c) applies to turbine engine airplanes 

and includes the following: ‘‘* * * a 

maximum operating limit speed (VMO/ 

MMO-airspeed or Mach number, 

whichever is critical at a particular 

altitude) must be established as a speed 

that may not be deliberately exceeded in 

any regime of flight (climb, cruise, or 

descent) unless a higher speed is 

authorized for flight test or pilot training 

operations. VMO/MMO must be 

established so that it is not greater than 

the design cruising speed VC/MC and so 

that it is sufficiently below VD/MD and 

the maximum speed shown under 

23.251 to make it highly improbable that 

the latter speeds will be inadvertently 

exceeded in operations. The speed 

margin between VMO/MMO and VD/ 

MD or the maximum speed shown 

under 23.251 may not be less than the 

speed margin established between VC/ 

MC and VD/MD under 23.335(b), or the 

speed margin found necessary in the 

flight test conducted under 23.253.’’ 

The FAA has discovered that the 

affected airplanes, as currently 

certificated, have airspeed indicators 

with color band markings that do not 

comply with 14 CFR 23.1505(c). This 

could result in reduced safety margins 

that may result in an unsafe condition. 

Based on further analysis with 

application of the regulations, the FAA 

has determined that an airspeed 

limitation of 134 miles per hour (mph) 

for airplanes with floats and 144 mph 

for basic land airplanes would address 

the concern for the unsafe condition. 

This condition, if not corrected, could 

result in loss of airplane structural 

integrity due to the affected airplanes 

being able to operate at speeds that 

exceed the speeds established in the 

Federal aviation regulations for safe 

operation. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires incorporating 

revised airspeed limitations and 

marking the airspeed indicator 

accordingly. There is also a requirement 

for the installation of a temporary 

placard until the airspeed indicator can 

be modified but not to exceed a certain 

period of time. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because it could result in loss of 

airplane structural integrity due to the 

affected airplanes being able to operate 

at speeds that exceed the speeds 

established in the Federal aviation 

regulations for safe operation. Therefore, 

we find that notice and opportunity for 

prior public comment are impracticable 

and that good cause exists for making 

this amendment effective in less than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2011–0543 and Directorate 

Identifier 2011–CE–018–AD at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 AD. 

Costs of Compliance 

We estimate that this AD affects 25 

airplanes of U.S. registry 

We estimate the following costs to 

comply with this AD: 


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31802 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Airplane Flight Manual Limitation, Placard, 

and Airspeed Indicator Modification.

10 work-hours × $85 per hour = $850 ........... $90 $940 $23,500 

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. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2011–12–02 Viking Aircraft Limited: 

Amendment 39–16709; Docket No. 

FAA–2011–0543; Directorate Identifier 

2011–CE–018–AD. 

Effective Date 

(a) This AD is effective June 2, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Viking Aircraft 

Limited Model DHC–3 (Otter) airplanes, all 

serial numbers, that are: 

(1) equipped with a Honeywell TPE331–10 

or –12JR turboprop engine installed per 

Supplemental Type Certificate (STC) 

SA09866SC (Texas Turbines Conversions, 

Inc.); and 

(2) certificated in any category. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code: 11, Placards and Markings. 

Unsafe Condition 

(e) This AD was prompted by analysis that 

showed that airspeed limitations for the 

affected airplanes are not adjusted for the 

installation of a turboprop engine as stated in 

the regulations. We are issuing this AD to 

prevent of the loss of airplane structural 

integrity due to the affected airplanes being 

able to operate at speeds that exceed the 

speeds established in the Federal aviation 

regulations for safe operation. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

TABLE 1—ACTIONS, COMPLIANCE, AND PROCEDURES

Actions Compliance 

(1) Insert the following information into the Limitations section of the airplane flight manual (AFM) or AFM supplement: ‘‘Airspeed limitation: VMO = 144 MPH for land/ski plane and VMO = 134 MPH for seaplane.’’ Before further flight after the 

effective date of this AD. 

(i) This can be done by inserting this AD into the Limitations section of the AFM or AFM supplement. 

(ii) Inserting the information into the Limitations section of the AFM or AFM supplement may be performed by 

the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft 

records showing compliance with this AD in accordance with 14 CFR §§ 43.9 (a)(1)–(4) and 14 CFR 

91.417(a)(2)(v). The record must be maintained as required by 14 CFR §§ 91.417, 121.380, or 135.439. 

(2) Fabricate a placard using letters of at least 1⁄8-inch in height with the following words: ‘‘Never exceed airspeed 

of 144 MPH, VMO speed limit for land/ski plane and 134 MPH, VMO speed limit for seaplane.’’ Install this 

placard on the airplane instrument panel next to the airspeed indicator within the pilot’s clear view. 

Within the next 10 hours 

time-in-service (TIS) after 

the effective date of this 

AD. 

(3) Modify the airspeed indicator accordingly to reflect the above limitation. Mark the airspeed indicator with a red 

radial line at 144 MPH for a land/ski plane and/or with a red radial at 134 MPH for a seaplane. This instrument 

modification must be done by an appropriately rated repair facility. 

Within the next 30 days 

after the effective date of 

this AD. 

(i) This action eliminates the need for the placard required by paragraph (f)(2) above. 

(ii) This action can be done instead of the placard requirement in paragraph (f)(2) provided it is done within 

the next 10 hours TIS after the effective date of this AD. 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31803 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Fort Worth Special 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Related Information 

(h) For more information about this AD, 

contact Peter W. Hakala, Aerospace Engineer, 

FAA Rotorcraft Directorate, Fort Worth 

Special Certification Office, ASW–190, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; phone: (817) 222–5145; fax: (817) 

222–5785; e-mail: peter.w.hakala@faa.gov. 

Issued in Kansas City, Missouri, on May 

25, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–13532 Filed 6–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0857; Directorate 

Identifier 2010–NM–156–AD; Amendment 

39–16708; AD 2011–12–01] 

RIN 2120–AA64 

Airworthiness Directives; Koito 

Industries, Ltd., Seats and Seating 

Systems Approved Under Technical 

Standard Order (TSO) TSO–C39b, 

TSO–C39c, or TSO–C127a 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

determining if affected seats and seating 

systems and their components are 

compliant with certain FAA regulations, 

and removing those seats, seating 

systems, and their components that are 

shown to be unsafe from the affected 

fleet. This AD was prompted by a 

determination that the affected seats and 

seating systems may not meet certain 

flammability, static strength, and 

dynamic strength criteria. Failure to 

meet static and dynamic strength 

criteria could result in injuries to the 

flightcrew and passengers during 

emergency landing conditions. In the 

event of an in-flight or post-emergency 

landing fire, failure to meet 

flammability criteria could result in an 

accelerated fire. We are issuing this AD 

to prevent accelerated fires and injuries 

to the flightcrew and passengers. 

DATES: This AD is effective August 1, 

2011. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Farina, Aerospace Engineer, 

Cabin Safety Branch, ANM–150L, FAA, 

Los Angeles Aircraft Certification Office 

(ACO), 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

phone: 562–627–5344; fax: 562–627– 

5210; e-mail: Patrick.Farina@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to the 

specified products. That NPRM 

published in the Federal Register on 

September 24, 2010 (75 FR 58340). That 

NPRM proposed to require determining 

if affected seats and seating systems and 

their components are compliant with 

certain FAA regulations, and removing 

those seats, seating systems, and their 

components that are shown to be unsafe 

from the affected fleet. 

Ex Parte Contact 

On October 14, 2010, during two 

separate meetings, we met to discuss the 

NPRM with the European Aviation 

Safety Association (EASA), Japanese 

Civil Airworthiness Bureau (JCAB), 

Airbus, and Boeing, as well as with 

other national airworthiness authorities 

and operators. On October 20, 2010, we 

had a similar meeting with additional 

authorities and operators. We 

emphasized that the meetings were not 

a substitute for the formal comment 

process and would consider comments 

made through the comment process 

identified in the NPRM. Summaries of 

these meetings are posted in the AD 

docket on the Internet at http:// 

www.regulations.gov. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

Request To Withdraw the NPRM 

Several commenters either inferred or 

specifically requested that we withdraw 

the NPRM. 

The Association of European Airlines 

(AEA) stated that the combined safety 

analysis carried out by EASA/FAA for 

the NPRM is fundamentally flawed 

because it assumes ‘‘a catastrophic 

failure.’’ The AEA also stated that new 

test data are available to the FAA. AEA 

added that Koito (witnessed by the 

JCAB) has carried out extensive 

retesting of the seats to prove they are 

safe and meet all of the certification 

criteria. AEA concluded that these data 

have not been evaluated by the FAA, 

which could negate the issuance of an 

FAA AD. 

The Association for Asia Pacific 

Airlines (AAPA), China Airlines, and 

Japan Transocean Airlines (JTA) stated 

that the evaluation and use of JCAB data 

could negate the justification for the 

NPRM. 

Koito Industries (Koito) respectfully 

questioned the basis for the NPRM 

moving forward, absent FAA 

verification and support that an unsafe 

condition exists. Koito stated it deeply 

regrets the circumstances surrounding 

this AD. Koito submitted that no actual 

unsafe condition has been verified even 

for production seats where 

discrepancies existed between drawings 

and materials used to show compliance. 

Koito added that the NPRM states only 

that a potential unsafe condition could 

exist. Koito submitted that noncompliance with regulations does not 

necessarily equate to an unsafe 

condition. Koito stated that the testing 

results will provide much-needed data 

for the FAA to make the required 

determination under section 39.5 of the 

Federal Aviation Regulations (14 CFR 

39.5), and then the FAA will be able to 

determine whether a safety-of-flight 

issue exists that is sufficient to warrant 

an AD in accordance with the 

requirements of section 39 of the 

Federal Aviation Regulations (14 CFR 

39). Koito concluded that issuing an AD 

prior to reviewing forthcoming testing 

data to determine whether an unsafe 


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