[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Pages 63225-63228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17662]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23633; Directorate Identifier 2005-NM-242-AD; 
Amendment 39-14801; AD 2006-22-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-100 and A319-100 
Series Airplanes; Model A320-111 Airplanes; Model A320-200, A321-200, 
A330-200, A330-300, A340-200, and A340-300 Series Airplanes; Model 
A340-541 Airplanes; and Model A340-642 Airplanes; Equipped With Certain 
Sogerma-Services Powered Seats

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus airplane models identified above. This AD requires 
inspecting to determine if a certain actuator is installed in the 
pilot's or co-pilot's seat, and doing applicable corrective actions. 
For certain actuators, the AD also requires replacing rotors on both 
vertical and horizontal movements with new rotors, and replacing the 
clutch cap with a new cap. This AD results from a report of heavy wear 
at the driving gear of the rotor shaft end of the electrical driven 
motor on certain actuators of the pilot's and co-pilot's seats. We are 
issuing this AD to prevent uncommanded movement of the pilot's or co-
pilot's seat during takeoff or landing, which could result in 
interference with the operation of the airplane and consequent 
temporary loss of airplane control.

DATES: This AD becomes effective December 4, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 4, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Sogerma-Services, Z.I. de l'Arsenal--BP 109, 17303 
Rochefort Cedex, France; and Messier-Bugatti, 45 Avenue Victor Hugo--
Bat. 227, 93538 Aubervilliers, France; for service information 
identified in this AD.

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: 

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Airbus Model 
A318-100 and A319-100 series airplanes; Model A320-111 airplanes; Model 
A320-200, A321-200, A330-200, A330-300, A340-200, and A340-300 series 
airplanes; Model A340-541 airplanes; and Model A340-642 airplanes; 
equipped with certain Sogerma-Services powered seats. That NPRM was 
published in the Federal Register on January 19, 2006 (71 FR 3021). 
That NPRM proposed to require inspecting to determine if a certain 
actuator is installed in the pilot's or co-pilot's seat, and doing 
applicable corrective actions. For certain actuators, that NPRM also 
proposed to require replacing rotors on both vertical and horizontal 
movements with new rotors, and replacing the clutch cap with a new cap.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    Airbus supports the contents of the NPRM. Northwest Airlines 
supports the intent of the NPRM.

Request To Extend Compliance Time Based on Parts Availability

    United Airlines states that the actuator supplier has a limited 
quantity of spare actuators. United estimates that it would require a 
six-month window between the AD release date and the AD effective date 
to permit sufficient time to rotate its spares through the shop for AD 
rework. United requests that we select an AD effective date that is at 
least six to eight months after the AD release date to provide 
sufficient lead time for the industry to rotate the spare actuators and 
seats. The Air Transport Association (ATA), on behalf of USAirways, 
also states that its members have spoken to the seat manufacturer and 
raised concerns that there might be part shortages. ATA states that the 
issue of parts availability needs to be addressed before the AD is 
released.
    We infer that the commenters request that we extend the compliance 
time in paragraph (h) of the NPRM or that we remove that paragraph from 
the final rule. Regarding parts shortages, we have confirmed with 
Airbus and EADS Sogerma that the necessary parts are available well 
within the time necessary to replace the actuators. We have not changed 
the final rule in this regard.

Request To Extend Compliance Time To Match Heavy Maintenance Schedule

    ATA, on behalf of USAirways, requests that the compliance time be 
extended from 56 months to 72 months. This extension would allow 
USAirways to accomplish the AD requirements during heavy maintenance.
    We do not agree with the request to extend the compliance time 
based on an operator's heavy maintenance schedule. We have determined 
that the compliance time, as proposed, represents the maximum interval 
of time allowable for the affected airplanes to continue to safely 
operate before the inspection is done. Since maintenance schedules vary 
among operators, there would be no assurance that the airplane would be 
inspected during that maximum interval. We have not changed the final 
rule in this regard. However, operators may request approval of an 
alternative method of compliance in accordance with the procedures 
specified in paragraph (i) of this AD.

Request To Reduce Compliance Time

    The Airline Pilot's Association (ALPA) recommends that the 
compliance time for the actuator/component replacement should be no 
greater than 50 percent of the component time-in-service that would

[[Page 63226]]

result in the noted unsafe wear condition. ALPA states that if the 
compliance time meets this criterion, then the NPRM, as written, is 
satisfactory; if not, the proposed compliance time should be reduced 
accordingly.
    We disagree with the need to reduce the compliance time based on 
the stated criterion. In developing the compliance time for this AD, we 
considered not only the safety implications of the identified unsafe 
condition, but the average utilization rate of the affected fleet, the 
practical aspects of doing the required actions during regular 
maintenance periods, the availability of required parts, and the time 
necessary for the rulemaking process. We find that the compliance time, 
as proposed in the NPRM, provides an acceptable level of safety. We 
have not changed the final rule in this regard.

Request To Remove Requirement To Replace Rotors and Clutch Cap

    JetBlue Airways states that the NPRM refers to a work scope that 
includes replacing vertical and horizontal rotors and replacing the 
clutch cap. JetBlue points out that Sogerma-Services Service Bulletin 
TAAI1-25-617, dated February 1, 2005, refers to replacing only the 
affected motor/actuator as a unit for the vertical direction and marks 
the seat data plate. (Sogerma-Services Service Bulletin TAAI1-25-617 
was referenced in the NPRM as an appropriate source of service 
information for accomplishing certain actions). JetBlue states that a 
flow chart on page 4 of the service bulletin provides a more accurate 
and easier-to-understand work scope for operators to implement.
    We agree. Paragraph (f) of the NPRM refers to Part 3., ``OPERATING 
INSTRUCTIONS,'' of Sogerma-Services Service Bulletin TAAI1-25-617 for 
instructions regarding replacing the vertical and horizontal rotors and 
replacing the clutch cap. As JetBlue points out, the flow chart on page 
4 of Sogerma-Services Service Bulletin TAAI1-25-617 provides an 
accurate and easy-to-understand work scope for operators to implement. 
Therefore, we have changed paragraph (f) of the AD to refer to the flow 
chart in Part 1, paragraph D., ``DESCRIPTION,'' of the service 
bulletin.

Request To Reference Service Information Letter (SIL)

    Sogerma/Barfield states that the correct service information for 
inspecting the seats is not Sogerma-Services Service Bulletin TAAI1-25-
617, dated February 1, 2005, as specified in the NPRM, but Sogerma-
Services SIL, SIL-TAAI1-25-059, dated February 8, 2005.
    We clarify that, for airplanes on which the part number and serial 
number are not visible on the seat base, Sogerma-Services SIL SIL-
TAAI1-25-059 provides service information for inspecting the seats to 
determine their identity. In addition, Airbus Operator Information 
Telex (OIT) SE 999.0040/05/FB, dated May 27, 2005, also provides 
service information for inspecting the seats. Therefore, we have added 
Note 1 to the AD to identify these two documents as additional sources 
of service information for doing the inspection required by paragraph 
(f) of the AD.

Requests To Reference Serial Numbers (S/Ns) for Replacement, and To 
Clarify Table 2 and Paragraph (h) of the AD

    Sogerma/Barfield points out that paragraph (f) of the NPRM 
specifies replacing all actuators listed in Table 2 of the NPRM. 
Sogerma/Barfield requests we change that paragraph to specify that only 
Labinal actuators with the part number (P/N) identified in Table 2 of 
the NPRM must be replaced, that all actuators having P/N 4136290005 
must be replaced, and that P/N 4136290004 must be replaced only if the 
serial number of the part is lower than 5079. Sogerma/Barfield states 
that Aviac and Artus actuators are not affected.
    JetBlue confirms Sogerma/Barfield's statements about Table 2 and 
points out that the statement regarding the installation of spare parts 
in paragraph (h) of the NPRM is also incorrect because it references 
Table 2. JetBlue states that the incorrect information in Table 2 could 
mislead inspectors and operators into replacing actuators that are not 
affected and are not potentially defective.
    United also requests that we clarify paragraph (h) of the NPRM to 
specify that only Labinal actuators are affected, and that the Aviac or 
Artus actuators can still be installed provided the seat amendment 
label is installed.
    We agree with revising the P/N and S/N references for the Labinal 
actuators, as well as with the fact that Aviac and Artus actuators are 
not affected by the required actions. Airbus has confirmed that these 
requested changes are correct. In addition, French airworthiness 
directive F-2005-164, issued September 28, 2005, which is the parallel 
airworthiness directive for this AD, states that actuators having P/Ns 
4136290004 and 4136290005 with S/Ns below 5080 must be removed from 
service. All P/N 4136290005 S/Ns are currently in the below-5080 range.
    We have revised table 2 and paragraph (f) of the AD to change the 
part number references. In addition, we have removed paragraph (h) of 
the NPRM from this final rule because we agree that it could be 
misleading.

Request To Add Procedure for Identifying Actuator Installed on the 
Seats

    United points out that the NPRM requires identifying the actuator 
installed on the seats in accordance with part 1, paragraph A., 
``EFFECTIVITY,'' pages 2 and 3, of Sogerma-Services Service Bulletin 
TAAI1-25-617. United believes that the Labinal actuator cannot be 
identified only by checking for the label on the seat at the location 
specified in the service bulletin. United points out that the actuator 
may have been replaced with other affected part numbers many times 
since the seat was originally delivered, and the actuator 
identification label might not be on the seat. United quotes a note in 
the service bulletin, paragraph A., which states, ``Seats equipped with 
ARTUS actuators, have not actuator identification label.'' United 
suggests adding the following procedure to the service bulletin: ``In 
order to accurately identify the actuator installed in the seat, open 
the seat back shroud to view the identification nameplate on the 
actuator.''
    We disagree with the need to add the specified words to the final 
rule. As noted under ``Requests to Reference Serial Numbers for 
Replacement, and to Clarify Table 2 and Paragraph (h) of the AD,'' 
above, we have revised the AD to remove reference to the Artus 
actuators. In addition, the airplane manufacturer states that each time 
a new actuator is shipped to a repair center or maintenance center, a 
placard with relevant information about the actuator is delivered that 
is ready to be incorporated into the seat. It is the maintenance 
organization's or airline operator's responsibility to ensure that the 
correct placard is located on the seat. For actuators on which the 
relevant P/N or S/N is not visible, Airbus OIT SE 999.0040/05/FB 
provides service information for inspecting the seats. As stated above, 
reference to this OIT is now included in Note 1 of the AD.

Request To Include Additional Work Hours

    JetBlue requests that we take into account the work that would be 
required to comply with the AD once the actual affected motor actuator 
has been identified by boroscope probe visual inspection. JetBlue 
points out that the visual inspection portion by

[[Page 63227]]

itself will take only one hour per seat assembly, as shown in the Costs 
of Compliance section of the NPRM. However, JetBlue states that once 
the defective motor actuator has been identified, it will take more 
hours to complete the required tasks. JetBlue states that the AD should 
have realistic information about the time required per airplane. This 
information is approximately four hours with two mechanics, or 16 work 
hours per airplane, as specified in Sogerma-Services Service Bulletin 
TAAI1-25-617.
    JetBlue also states that the NPRM does not mention that the 
manufacturer is offering the replacement compliant motor/actuators free 
of charge. JetBlue states that this information might provide incentive 
to operators to perform the initial inspections and any necessary 
replacement sooner rather than later.
    ATA, on behalf of Northwest Airlines, also states that the costs 
quoted in the NPRM need to match those of the referenced service 
bulletin. Northwest Airlines points out that Airbus Service Bulletins 
A320-25-1430, dated May 31, 2005, and A320-25-3270, dated May 4, 2005, 
specify 1.5 hours for doing the same inspection that is detailed in the 
costs of compliance of the NPRM.
    We partially agree. We disagree that is necessary to increase the 
work hours required to do the inspections. The costs of compliance that 
are discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
In this case, the only action required by the AD for all airplanes is 
the inspection to determine if an affected actuator is installed. The 
costs of compliance also typically do not include incidental costs, 
such as the time required to gain access and close up, planning time, 
or time necessitated by other administrative actions.
    We agree with including the costs to do the replacement once a 
defective actuator is identified. We also note that the manufacturer 
states that it will supply required parts to the operators at no cost. 
We have revised the Costs of Compliance section accordingly.

Request To Correct Addresses

     Sogerma/Barfield requests that we correct the addresses for 
Sogerma-Services and for Messier-Bugatti, which were given incorrectly 
in the NPRM.
    We agree, and have corrected the addresses as requested.

Clarification of Reporting Requirement

    Although Sogerma-Services Service Bulletin TAAI1-25-617, dated 
February 1, 2005, specifies sending certain information to the 
manufacturer, this AD does not require that action. We have added a new 
paragraph (h) to the AD to clarify that the report is not required.

Explanation of Changes to Applicability of This AD

    We have revised the applicability statement to include the word 
``not'' in the following phrase, ``on which the actuator has not been 
replaced .* * * '' This change matches the effectivity of French 
airworthiness directive F-2005-164. Adding the word ``not'' does not 
expand the applicability of the AD.
    We have also revised paragraphs (c)(5) and (c)(7) of the 
applicability statement of this AD to include Airbus Model A321-111, -
112, and 131 airplanes, and Model A330-302 and -303 airplanes. These 
airplane models are covered in the applicability of French 
airworthiness directive F-2005-164. None of these models are on the 
U.S. register.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 743 airplanes of U.S. registry. The 
inspection takes about 1 work hour per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the inspection for U.S. operators is $48,295, or $65 per airplane.
    The replacement takes about 8 work hours per seat per airplane, for 
a potential total of 16 work hours per airplane, depending on the 
number of actuators identified, at an average labor rate of $65 per 
work hour. The manufacturer states that it will supply required parts 
to the operators at no cost. Based on these figures, the estimated cost 
of the replacement for U.S. operators is between $386,360 and $772,720, 
or between $520 and $1,040 per airplane.

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 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 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); 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):


[[Page 63228]]


 2006-22-04 Airbus: Amendment 39-14801. Docket No. FAA-2006-23633; 
Directorate Identifier 2005-NM-242-AD.

Effective Date

    (a) This AD becomes effective December 4, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in Table 1 of 
this AD, certificated in any category; equipped with any Sogerma-
Services pilot or co-pilot seat identified in Sogerma-Services 
Service Bulletin TAAI1-25-617, dated February 1, 2005, excluding any 
seat having part number (P/N) TAAI3-03PE00-01, TAAI3-03PE01-01, 
TAAI3-03CE00-01, and TAAI3-03CE01-01, with a serial number (S/N) 
higher than 791, on which the actuator has not been replaced after 
the date of issuance of the original standard airworthiness 
certificate or date of issuance of the original export certificate 
of airworthiness.

                         Table 1.--Applicability
------------------------------------------------------------------------
                              Airbus model
-------------------------------------------------------------------------
(1) A318-111 and -112 airplanes.
(2) A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.
(3) A320-111 airplanes.
(4) A320-211, -212, -214, -231, -232, and -233 airplanes.
(5) A321-111, -112, -131, -211 and -231 airplanes.
(6) A330-201, -202, -203, -223, and -243 airplanes.
(7) A330-301, -302, -303, -321, -322, -323, -341, -342, and -343
 airplanes.
(8) A340-211, -212, and -213 airplanes.
(9) A340-311, -312, and -313 airplanes.
(10) A340-541 airplanes.
(11) A340-642 airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report of heavy wear at the driving 
gear of the rotor shaft end of the electrical driven motor on 
certain actuators of the pilot's and co-pilot's seats. We are 
issuing this AD to prevent uncommanded movement of the pilot's or 
co-pilot's seat during takeoff or landing, which could result in 
interference with the operation of the airplane and consequent 
temporary loss of airplane control.

Compliance

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

Inspection for the P/N of the Actuator

    (f) Within 56 months after the effective date of this AD, 
inspect to determine if an actuator identified in Table 2 of this AD 
is installed in the pilot's or co-pilot's seat, in accordance with 
Part 1, Paragraph D., ``DESCRIPTION,'' of Sogerma-Services Service 
Bulletin TAAI1-25-617, dated February 1, 2005. If any actuator 
identified in Table 2 of this AD is found installed, within 56 
months after the effective date of this AD, do the applicable 
corrective actions in accordance with Paragraph D., ``DESCRIPTION,'' 
of the service bulletin.

                      Table 2.--Affected Actuators
------------------------------------------------------------------------
               Manufacturer                         Actuator P/N
------------------------------------------------------------------------
(1) Messier-Bugatti.......................  4136290004, S/Ns 5079 and
                                             below.
(2) Messier-Bugatti.......................  4136290005, S/Ns 5079 and
                                             below.
------------------------------------------------------------------------


    Note 1: Sogerma-Services Service Information Letter SIL-TAAI1-
25-059, dated February 8, 2005, and Airbus Operator Information 
Telex SE 999.0040/05/FB, dated May 27, 2005, are additional sources 
of service information for inspecting the seats.

Concurrent Replacements

    (g) For Messier-Bugatti actuators identified in Table 2 of this 
AD: Concurrently with the applicable corrective action required by 
paragraph (f) of this AD, replace the rotors on both vertical and 
horizontal movements with new rotors, and replace the clutch cap 
with a new cap, in accordance with Messier-Bugatti Service Bulletin 
4136290004-25-05 or 4136290005-25-02, both dated April 2005, as 
applicable.

No Report Required

    (h) Although Sogerma-Services Service Bulletin TAAI1-25-617, 
dated February 1, 2005, specifies sending certain information to the 
manufacturer, this AD does not require that action.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) French airworthiness directive F-2005-164, issued September 
28, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Messier-Bugatti Service Bulletin 4136290004-25-
05, dated April 2005, or Messier-Bugatti Service Bulletin 
4136290005-25-02, dated April 2005; and Sogerma-Services Service 
Bulletin TAAI1-25-617, dated February 1, 2005; as applicable; to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Sogerma-Services, Z.I. de 
l'Arsenal--BP 109--17303 Rochefort Cedex, France; and Messier-
Bugatti, 45 Avenue Victor Hugo--Bat. 227--93538 Aubervilliers, 
France, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 11, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-17662 Filed 10-27-06; 8:45 am]
BILLING CODE 4910-13-P