[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Proposed Rules]
[Pages 34509-34511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16939]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / 
Proposed Rules

[[Page 34509]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0615; Directorate Identifier 2009-NM-043-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310-203, -221, -222 
Airplanes and Model A300 F4-605R and -622R Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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:

    An A300-600 operator reported two events of IPECO pilot seat 
moved in the aft position, one during take-off roll and one during 
climb out. The investigation of these events showed that a broken/
missing spring contributed to the seat not being correctly locked.
    An unwanted movement of pilot or co-pilot seat in the aft 
direction is considered as potentially dangerous, especially during 
the take-off phase when the speed of the aeroplane is greater than 
100 knots and until landing gear retraction.
* * * * *

The unsafe condition is potential loss of control of the airplane 
during take-off and landing. 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 August 17, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#c3a2a0a0acb6adb7eda2aab1b4acb1b7abeea6a2b083a2aab1a1b6b0eda0acae"><span class="__cf_email__" data-cfemail="28494b4b475d465c0649415a5f475a5c40054d495b6849415a4a5d5b064b4745">[email protected]</span></a>; 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 or 425-227-1152.

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:

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-2009-0615; 
Directorate Identifier 2009-NM-043-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0045, dated February 27, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An A300-600 operator reported two events of IPECO pilot seat 
moved in the aft position, one during take-off roll and one during 
climb out. The investigation of these events showed that a broken/
missing spring contributed to the seat not being correctly locked.
    An unwanted movement of pilot or co-pilot seat in the aft 
direction is considered as potentially dangerous, especially during 
the take-off phase when the speed of the aeroplane is greater than 
100 knots and until landing gear retraction.
    To prevent further incidents of inadvertent flight crew seat aft 
movement, this AD requires repetitive inspections of the affected 
seat springs and replacement of missing or broken parts. In 
addition, this AD requires replacement of the affected seats with 
modified P/N 3A218-000X-01-2 seats. Installation of both pilot and 
co-pilot seats P/N 3A218-000X-01-2 on an aeroplane constitutes 
terminating action for the repetitive inspection requirements of 
this AD for that aeroplane.

The unsafe condition is potential loss of control of the airplane 
during take-off and landing. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A300-25A6210 and 
A310-25A2199, both dated July 9, 2008; and A300-25-6214 and A310-25-
2202, both dated February 3, 2009. Airbus has also issued A300-600 
Operations Engineering Bulletin 121/1, dated May 2008; and A300 
Operations Engineering Bulletin 160/2, dated October 2008. The

[[Page 34510]]

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. We also estimate that 
it would take about 11 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $1,214 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 $276,408, or $2,094 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.

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 adding the following new AD:

Airbus: Docket No. FAA-2009-0615; Directorate Identifier 2009-NM-
043-AD.

Comments Due Date

    (a) We must receive comments by August 17, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of the AD, certificated in any category, having 
IPECO part number (P/N) 3A218-000X-01-1 pilot or co-pilot mechanical 
seats installed.
    (1) Airbus Model A310-203, A310-221, and A310-222 airplanes, all 
serial numbers.
    (2) Airbus Model A300 F4-605R and A300 F4-622R airplanes, all 
serial numbers.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``An A300-600 operator reported two events of IPECO pilot seat 
moved in the aft position, one during take-off roll and one during 
climb out. The investigation of these events showed that a broken/
missing spring contributed to the seat not being correctly locked.
    ``An unwanted movement of pilot or co-pilot seat in the aft 
direction is considered as potentially dangerous, especially during 
the take-off phase when the speed of the aeroplane is greater than 
100 knots and until landing gear retraction.
    ``To prevent further incidents of inadvertent flight crew seat 
aft movement, this AD requires repetitive inspections of the 
affected seat springs and replacement of missing or broken parts. In 
addition, this AD requires replacement of the affected seats with 
modified P/N 3A218-000X-01-2 seats. Installation of both pilot and 
co-pilot seats P/N 3A218-000X-01-2 on an aeroplane constitutes 
terminating action for the repetitive inspection requirements of 
this AD for that aeroplane.''

The unsafe condition is potential loss of control of the airplane 
during take-off and landing.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD, and 
thereafter at intervals not to exceed 30 days, do a detailed visual 
inspection of the two springs of the pilot seat and co-pilot seat 
locking device, in accordance with Airbus Mandatory Service Bulletin 
A310-25A2199 or A300-25A6210, both dated July 9, 2008, as 
applicable.
    (i) If only one spring is missing or found damaged during any 
inspection required by paragraph (f)(1) of this AD, within 10 days 
after the inspection or before further flight, whichever occurs 
later, replace the spring with a serviceable part, in accordance 
with Airbus Mandatory Service Bulletin A310-25A2199 or A300-25A6210, 
both dated July

[[Page 34511]]

9, 2008, as applicable. Before an airplane may be dispatched with 
one spring missing or damaged, the instructions contained in Airbus 
A310 Operations Engineering Bulletin 160/2, dated October 2008; or 
A300-600 Operations Engineering Bulletin 121/1, dated May 2008; as 
applicable; must be accomplished by the flightcrew.
    (ii) If two springs are missing or found damaged during any 
inspection required by paragraph (f)(1) of this AD, before further 
flight, replace the springs in accordance with Airbus Mandatory 
Service Bulletin A310-25A2199 or A300-25A6210, both dated July 9, 
2008, as applicable.
    (2) Replacing parts in accordance with Airbus Mandatory Service 
Bulletin A310-25A2199 or A300-25A6210, both dated July 9, 2008, as 
applicable, is not a terminating action for the repetitive 
inspections required in paragraph (f)(1) of this AD.
    (3) As of the effective date of this AD, do not install an IPECO 
pilot or co-pilot mechanical seat P/N 3A218-000X-01-1 on any 
airplane, unless the seat has been inspected and modified, as 
applicable in accordance with Airbus Mandatory Service Bulletin 
A310-25A2199 or A300-25A6210, both dated July 9, 2008, as 
applicable.
    (4) Within 6 months after the effective date of this AD, modify 
the airplane by replacing the pilot and co-pilot mechanical seats P/
N 3A218-000X-01-1 with P/N 3A218-000X-01-2 seats, in accordance with 
Airbus Mandatory Service Bulletin A310-25-2202 or A300-25-6214, both 
dated February 3, 2009, as applicable.
    (5) Installing both pilot and co-pilot seats P/N 3A218-000X-01-2 
in accordance with Airbus Mandatory Service Bulletin A310-25-2202 or 
A300-25-6214, both dated February 3, 2009, as applicable, on any 
airplane is a terminating action for the repetitive inspections 
required by paragraph (f)(1) of this AD for that airplane.
    (6) As of 6 months after the effective date of this AD, do not 
install an IPECO pilot or co-pilot mechanical seat P/N 3A218-000X-
01-1 on any airplane.
    (7) Although Airbus Mandatory Service Bulletins A310-25A2199 and 
A300-25A6210, both dated July 9, 2008, specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: Although the MCAI and service information 
request to submit reporting information to Airbus, paragraph (f)(7) 
of this AD specifies that such submittal is not required.

Other FAA AD Provisions

    (g) 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. The AMOC 
approval letter must specifically reference this letter.
    (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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0045, dated February 27, 2009, and the service 
information listed in Table 1 of this AD for related information.

                      Table 1--Service Information
------------------------------------------------------------------------
    Airbus service information                      Date
------------------------------------------------------------------------
A300-600 Operations Engineering    May 2008.
 Bulletin 121/1.
A310 Operations Engineering        October 2008.
 Bulletin 160/2.
Mandatory Service Bulletin A300-   February 3, 2009.
 25-6214.
Mandatory Service Bulletin A300-   July 9, 2008.
 25A6210.
Mandatory Service Bulletin A310-   February 3, 2009.
 25-2202.
Mandatory Service Bulletin A310-   July 9, 2008.
 25A2199.
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    Issued in Renton, Washington, on July 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16939 Filed 7-15-09; 8:45 am]
BILLING CODE 4910-13-P


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