[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Rules and Regulations]
[Pages 25399-25402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12322]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0486; Directorate Identifier 2009-NM-064-AD; 
Amendment 39-15919; AD 2009-11-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Airplanes and Airbus 
Model A300-600 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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 a recent event which occurred 
during the take-off roll, where a SOGERMA co-pilot seat slid back 
uncommanded to the end position. The seat horizontal movement 
actuator was replaced on the affected co-pilot seat. At the 
following take-off roll the same event occurred, the co-pilot seat 
sliding back uncommanded again. * * *
    An unwanted movement of pilot or co-pilot seat in the horizontal 
direction is considered as potentially unsafe, especially during the 
take-off 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 consequent loss of control of the airplane. This AD 
requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective June 12, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 12, 2009.
    We must receive comments on this AD by June 29, 2009.

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.

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 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: 

Discussion

    The European Aviation Safety Agency, which is the aviation 
authority for the Technical Agent for the Member States of the European 
Community, has issued Airworthiness Directive 2009-0084, dated April 9, 
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 a recent event which occurred 
during the take-off roll, where a SOGERMA co-pilot seat slid back 
uncommanded to the end position. The seat horizontal movement 
actuator was replaced on the affected co-pilot seat. At the 
following take-off roll the same event occurred, the co-pilot seat 
sliding back uncommanded again. Further to these events, the 
inspection carried out on the two removed actuators ARTUS Part 
Number (P/N) RT19H4FX, revealed that the clutch was broken inside 
the shaft, thus unlocking the seat horizontal movement.
    An unwanted movement of pilot or co-pilot seat in the horizontal 
direction is considered as potentially unsafe, especially during the 
take-off phase when the speed of the aeroplane is greater than 100 
knots and until landing gear retraction.
    For the reasons described above and pending the development of a 
permanent solution, this AD requires the deactivation of the 
electrical powered SOGERMA pilot seats

[[Page 25400]]

2510112 series and co-pilot seats 2510113 series.
    In addition, this AD provides two (optional) interim solutions 
in order to restore a partial seat electrical adjustment (vertical 
only) or a full seat electrical adjustment (vertical and horizontal) 
by accomplishment of intermediate actions.

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 consequent 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 All Operators Telex (AOT) A310-25A2203, Revision 
02, dated March 2, 2009; and AOT A300-25A6215, Revision 02, dated March 
2, 2009. EADS SOGERMA has issued Alert Service Bulletin A2510112-25-
764, Revision 1, dated February 17, 2009; and Inspection Service 
Bulletin 2510112-25-807, dated February 20, 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 required 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 AD.

FAA's 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 an 
uncommanded movement of the pilot and co-pilot seats during takeoff or 
landing could cause consequent loss of control of the airplane. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0486; Directorate 
Identifier 2009-NM-064-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.

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 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 this AD:
    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 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.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-11-09 Airbus: Amendment 39-15919. Docket No. FAA-2009-0486; 
Directorate Identifier 2009-NM-064-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 12, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310-203, A310-204, A310-
221, A310-222, A310-304, A310-322, A310-324, and A310-325 airplanes; 
and Airbus Model A300 B4-601, A300 B4-603, A300 B4-605R, A300 B4-
620, A300 B4-622, A300 B4-622R, A300 C4-605R Variant F, A300 F4-605R 
and A300 F4-622R airplanes; certificated in any category; all serial 
numbers having SOGERMA 2510112 series pilot electrical seats or 
SOGERMA 2510113 series co-pilot electrical seats installed.

[[Page 25401]]

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    An A300-600 operator reported a recent event which occurred 
during the take-off roll, where a SOGERMA co-pilot seat slid back 
uncommanded to the end position. The seat horizontal movement 
actuator was replaced on the affected co-pilot seat. At the 
following take-off roll the same event occurred, the co-pilot seat 
sliding back uncommanded again. Further to these events, the 
inspection carried out on the two removed actuators ARTUS Part 
Number (P/N) RT19H4FX, revealed that the clutch was broken inside 
the shaft, thus unlocking the seat horizontal movement.
    An unwanted movement of pilot or co-pilot seat in the horizontal 
direction is considered as potentially unsafe, especially during the 
take-off phase when the speed of the aeroplane is greater than 100 
knots and until landing gear retraction.
    For the reasons described above and pending the development of a 
permanent solution, this AD requires the deactivation of the 
electrical powered SOGERMA pilot seats 2510112 series and co-pilot 
seats 2510113 series.
    In addition, this AD provides two (optional) interim solutions 
in order to restore a partial seat electrical adjustment (vertical 
only) or a full seat electrical adjustment (vertical and horizontal) 
by accomplishment of intermediate actions.

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 consequent loss of control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 15 days after the effective date of this AD: 
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 AOT A300-25A6215, Revision 02, 
dated March 2, 2009; as applicable.
    (2) 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.
    (3) 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.
    (4) At the applicable time specified in paragraph (f)(4)(i) or 
(f)(4)(ii) of this AD: Submit a report of the findings for the first 
inspection done in accordance with paragraph (f)(3) 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.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 30 days after the 
effective date of this AD.
    (5) Modifications made prior to the effective date of this AD 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.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: None.

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 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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0084, dated April 9, 2009; and the service 
information listed in Table 1 of this AD for related information.

                  Table 1--Related Service Information
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                                     Revision
             Document                 level               Date
------------------------------------------------------------------------
Airbus All Operators Telex A300-           02  March 2, 2009.
 25A6215.
Airbus All Operators Telex A310-           02  March 2, 2009.
 25A2203.
EADS SOGERMA Alert Service                  1  February 17, 2009.
 Bulletin A2510112-25-764.
EADS SOGERMA Inspection Service         (\1\)  February 20, 2009.
 Bulletin 2510112-25-807.
------------------------------------------------------------------------
\1\ Original.

Material Incorporated by Reference

    (i) You must use Airbus All Operators Telex A310-25A2203, 
Revision 02, dated March 2, 2009; or Airbus All Operators Telex 
A300-25A6215, Revision 02, dated March 2, 2009; as applicable; to do 
the actions required by this AD, unless the AD specifies otherwise. 
If you do the optional actions specified by this AD, you must use 
EADS SOGERMA Inspection Service Bulletin 2510112-25-807, dated 
February 20, 2009; or EADS SOGERMA Alert Service Bulletin A2510112-
25-764, Revision 1, dated February 17, 2009; as applicable; to 
perform those actions, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of

[[Page 25402]]

this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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: [email protected]; 
Internet http://www.airbus.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-12322 Filed 5-27-09; 8:45 am]
BILLING CODE 4910-13-P