[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Rules and Regulations]
[Pages 39416-39417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18433]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-72-AD; Amendment 39-12345; AD 2001-15-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2; A300 B4; A300 B4-
600, B4-600R, and F4-600R (Collectively Called A300-600); A310; A319; 
A320; A321; A330; and A340 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A300 B2; A300 B4; A300 B4-600, B4-
600R, and F4-600R (collectively called A300-600); A310; A319; A320; 
A321; A330; and A340 series airplanes, that requires replacement of 
Labinal actuators in certain powered cockpit seats with new improved 
actuators. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil aviation 
authority. The actions specified by this AD are intended to prevent 
uncommanded horizontal movement of the cockpit seats or loss of ability 
to lock the seats in place during flight, which could limit the ability 
of the crew to perform necessary tasks, leading to reduced 
controllability of the airplane.

DATES: Effective September 4, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 4, 2001.

ADDRESSES: The service information referenced in this AD may be 
obtained from SOGERMA Z.I. de l'arsenal, BP. 109-17303 Rochefort 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056, telephone (425) 
227-2125; fax (425) 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 Airbus Model A300 B2; A300 B4; 
A300 B4-600, B4-600R, and F4-600R (collectively called A300-600); A310; 
A319; A320; A321; A330; and A340 series airplanes, was published in the 
Federal Register on May 1, 2001 (66 FR 21697). That action proposed to 
require replacement of Labinal actuators in certain powered cockpit 
seats with new improved actuators.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Revise Applicability

    One commenter generally concurs with the Notice of Proposed 
Rulemaking (NPRM) but suggests that the AD be applicable to SOGERMA 
cockpit seats rather than to the airplane models, because the AD 
addresses a problem associated with the cockpit seats.
    The FAA does not concur and notes that its general policy, when an 
unsafe condition results from an appliance or other item that is 
installed on multiple airplane models, is that the AD is issued so that 
it is applicable to those airplane models, rather than to the item. The 
reason for this is simple: Making the AD applicable to the airplane 
models on which the appliance or other item is installed ensures that 
operators of those airplanes will be notified directly of the unsafe 
condition and the action required to correct it. While it is assumed 
that an operator will know the models of airplanes that it operates, 
there is a potential that the operator will not know or be aware of 
specific items that are installed on its airplanes. Therefore, calling 
out the airplane model as the subject of the AD prevents ``unknowing 
non-compliance'' on the part of the operator.

Request To Extend Compliance Time

    Another comment was submitted by the Air Transport Association, on 
behalf of one of its member airlines. That comment states that a 
compliance period of 6 months will not be adequate to complete the 
required replacement of actuators in the cockpit seats, that the member 
airline has had no reported failures of the actuators in the last 7 
years, and that the replacement should be accomplished during the 
regularly scheduled ``C-check.'' The ATA requests that the compliance 
period be extended to 18 months.
    The FAA does not concur with this comment. One reason is that the 
Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has issued airworthiness directive 
2000-524(B), dated December 27, 2000, which specifies a compliance time 
of 6 months to replace the LABINAL actuators. Another reason is that 
the airplane manufacturer has reported 2 recent instances of 
uncommanded movement of the cockpit seats during flight. In consonance 
with the DGAC and considering the magnitude of the risk involved, the 
FAA considers 6 months to be an appropriate compliance period. No 
change to the final rule is necessary in this regard.

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 as proposed.

Cost Impact

    The FAA estimates that 548 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 replacement, and that the average 
labor rate is $60 per work hour. Required parts will be provided at no 
cost to the operator. Based on these figures, the cost impact of the AD 
on U.S. operators is estimated to be $131,520, or $240 per airplane.
    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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include

[[Page 39417]]

incidental costs, such as the time required to gain access and close 
up, planning time, or time necessitated by other administrative 
actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

  2001-15-11 Airbus Industrie: Amendment 39-12345. Docket 2001-NM-
72-AD.

    Applicability: Model A300 B2; A300 B4; A300 B4-600, B4-600R, and 
F4-600R (collectively called A300-600); A310; A319; A320; A321; 
A330; and A340 series airplanes; certificated in any category; 
equipped with powered cockpit seats manufactured by SOGERMA and 
having the serial numbers listed in SOGERMA Service Bulletin SB 
TAAI2-25-402, Revision 1, dated December 21, 2000.

    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 uncommanded horizontal movement of the cockpit seats 
or loss of ability to lock the seats into place during flight, which 
could limit the ability of the crew to perform necessary tasks, 
leading to reduced controllability of the airplane, accomplish the 
following:

Replacement

    (a) Within 6 months after the effective date of this AD: Remove 
Labinal actuators having part number (P/N) 4136290003 and replace 
them with Labinal actuators having P/N 4136290004 or 4136290005, or 
AVIAC actuators having P/N 6147-6, in accordance with SOGERMA 
Service Bulletin SB TAAI2-25-402, Revision 1, dated December 21, 
2000.

Spares

    (b) As of the effective date of this AD, no person shall install 
a powered cockpit seat that has a Labinal actuator having P/N 
4136290003 on any airplane.

Alternative Methods of Compliance

    (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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
Secs. 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.

Incorporation by Reference

    (e) The replacement shall be done in accordance with SOGERMA 
Service Bulletin SB TAAI2-25-402, Revision 1, dated December 21, 
2000. 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 SOGERMA Z.I. de l'arsenal, BP. 
109-17303 Rochefort 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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2000-524(B), dated December 27, 2000.

Effective Date

    (f) This amendment becomes effective on September 4, 2001.

    Issued in Renton, Washington, on July 18, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-18433 Filed 7-30-01; 8:45 am]
BILLING CODE 4910-13-U