Federal Aviation Administration (FAA), DOT.
Supplemental notice of proposed rulemaking (NPRM); reopening of the comment period.
This document proposes to revise an earlier proposed airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Model SR20 and SR22 airplanes. The earlier NPRM would have required you to measure and adjust the crew seat break-over bolts and to replace the crew seat recline locks on both crew seats. The earlier NPRM resulted from CDC discovering that the crew seats, under emergency landing dynamic loads, may fold forward at less than the 26 G required by the regulations. Since issuing the earlier NPRM, FAA received and evaluated new service information that increases the serial number effectivity of the earlier NPRM. The new proposed AD includes the additional serial numbers in the applicability section. Since the change imposes an additional burden over that proposed in the earlier NPRM, we are reopening the comment period to allow the public additional time to comment on the proposed AD.
We must receive any comments on this proposed AD by July 14, 2005.
Use one of the following to submit comments on this proposed AD:
- DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically.
- Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.
- Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001.
- Fax: 1-202-493-2251.
- Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To get the service information identified in this proposed AD, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811; telephone: (218) 727-2737. Service information may also be accessed at http://www.cirrusdesign.com.
To view the comments to this proposed AD, go to http://dms.dot.gov. The docket number is FAA-2004-19694.Start Further Info
FOR FURTHER INFORMATION CONTACT:
—Wess Rouse, Small Airplane Project Manager, ACE-117C, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: 847-294-8113; facsimile: (847) 294-7834; e-mail: Wess.Rouse@faa.gov; or
—Angie Kostopoulos, Composite Technical Specialist, ACE-116C, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294-7426; facsimile: (847) 294-7834; e-mail: Evangelia.Kostopoulos@Faa.gov.End Further Info End Preamble Start Supplemental Information
How do I comment on this proposed AD? We invite you to submit any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES. Include the docket number, “FAA-2004-19694; Directorate Identifier 2004-CE-41-AD” at the beginning of your comments. We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). This is docket number FAA-2004-19694. You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Are there any specific portions of this proposed AD I should pay attention to? We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. If you contact us through a nonwritten communication and that contact relates to a substantive part of this proposed AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend this proposed AD in light of those comments and contacts.
Where can I go to view the docket information? You may view the AD docket that contains the proposal, any comments received, and any final disposition in person at the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard time), Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located on the plaza level of the Department of Transportation NASSIF Building at the street address stated in ADDRESSES. You may also view the AD docket on the Internet at http://dms.dot.gov. The comments will be available in the AD docket shortly after the DMS receives them.
What is the background of the subject matter? CDC performed dynamic seat testing on Models SR20 and SR22 airplanes. CDC found that, under emergency landing dynamic loads, the crew seats may fold forward at less than the 26 Gs required by 14 CFR Section 23.562(b)(2).
What is the potential impact if FAA took no action? If not prevented, the crew seats folding forward during emergency landing with dynamic loads could result in occupant injury.
Has FAA taken any action to this point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain CDC Model SR20 and SR22 airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on January 13, 2005 (70 FR 2370). The NPRM proposed to measure and adjust the crew seat break-over bolts and to replace the crew seat recline locks on both crew seats.
Was the public invited to comment? We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public.
What events have caused FAA to issue a supplemental NPRM? Since issuing the earlier NPRM, FAA received and evaluated new service information that increases the serial number effectivity of the earlier NPRM. Start Printed Page 33725
FAA's Determination and Requirements of this Proposed AD
What has FAA decided? After examining the circumstances and reviewing all available information related to the incidents described above, we have determined that:
—The unsafe condition referenced in this document exists or could develop on other CDC Model SR20 and SR22 airplanes of the same type design that are on the U.S. registry;
—We should change the NPRM to include the additional serial numbers listed in the new service information; and
—We should take AD action to correct this unsafe condition.
The Supplemental NPRM
How will the changes to the NPRM impact the public? Proposing additional serial numbers listed in the applicability section goes beyond the scope of what was originally proposed in the NPRM. Therefore, we are reopening the comment period and allowing the public the chance to comment on these additional actions.
What are the provisions of the supplemental NPRM? The proposed AD would require you to measure and adjust the crew seat break-over bolts and to replace the crew seat recline locks on both crew seats.
How does the revision to 14 CFR part 39 affect this proposed AD? On July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.
Costs of Compliance
How many airplanes would this proposed AD impact? We estimate that this proposed AD affects 1,494 airplanes in the U.S. registry.
What would be the cost impact of this proposed AD on owners/operators of the affected airplanes? CDC will provide warranty credit for service bulletins SB A2X-25-08, dated June 22, 2004, and SB 2X-25-06 R4, dated May 5, 2005. This proposed AD will not have a labor or parts cost for the owner or operator.
Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action? 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 AD.
Would this proposed AD impact various entities? We have 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.
Would this proposed AD involve a significant rule or regulatory action? For the reasons discussed above, I certify that this proposed 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 summary of the costs to comply with this proposed AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “AD Docket FAA-2004-19694; Directorate Identifier 2004-CE-41-AD” in your request.Start List of Subjects
List of Subjects in 14 CFR Part 39End List of Subjects
The Proposed Amendment
Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows:Start Part
PART 39—AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):
Cirrus Design Corporation: Docket No. FAA-2004-19694; Directorate Identifier 2004-CE-41-AD
When Is the Last Date I Can Submit Comments on This Proposed AD?
(a) We must receive comments on this proposed airworthiness directive (AD) by July 14, 2005.
What Other ADs Are Affected By This Action?
What Airplanes Are Affected by This AD?
(c) This AD affects the following airplane models and serial numbers that are certificated in any category:
|(1) SR20||1005 through 1455.|
|(2) SR22||0002 through 1044|
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of discovering that the crew seats, under emergency landing dynamic loads, may fold forward at less than the 26 G required by the regulations, 14 Code of Federal Regulations (CFR) Section 23.562 (b) (2). The actions specified in this AD are intended to prevent the crew seats from folding forward during emergency landing with dynamic loads with consequent occupant injury.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following:
|(1) For models SR20, serial numbers 1005 through 1423, and SR22, serial numbers 0002 through 0972, do the following actions:||Within 50 hours time-in-service (TIS) or within 180 days, whichever occurs first, after the effective date of this AD||Follow Cirrus Design Corporation Service Bulletin SB A2X-25-08, dated June 22, 2004.|
|Start Printed Page 33726|
|(i) Move the lower portion of the crew seat upholstery upward to expose the seat frame and locking mechanism. Measure the clearance between the break-over bolt and the seat frame for a clearance that meets the requirements in the service bulletin|
|(ii) If the clearnace does not meet the specified in the service bulletin, perform the crew seat break-over bolt adjustment and re-cover the crew seat frame and locking mechanism with the upholstery|
|(iii) If the clearance does meet that specified in the service bulletin, re-cover the crew seat frame and locking mechanism|
|(iv) Repeat the above actions for the opposite crew seat|
|(2) For models SR20, serial numbers 1005 through 1455, and SR22, serial numbers 0002 through 1044, do the following actions:||Within 50 hours TIS or within 180 days, whichever occurs first, after the effective date of this AD||Follow Cirrus Design Corporation Service Bulletin SB 2X-25-06 R4, dated May 5, 2005.|
|(i) Identify whether the recline lock is secured with two bolts or three bolts|
|(ii) If the recline locks are secured with two bolts, remove the existing recline locks and replace with the new recline locks kit, kit number 70084-001|
|(iii) If the recline locks are secured with three bolts, remove existing recline locks and replace with the new recline locks kit, kit number 70084-002|
|(iv) Check break-over pin alignment and adjust as necessary0|
|(v) Check that the locks engage with the break-over bolts with the seat in the full recline position. If full seat recline is not possible or difficult to engage, grinding of the lower aft seat frame is necessary|
|(iv) Repeat the above actions for the opposite crew seat|
May I Request An Alternative Method of Compliance?
(f) You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Chicago Aircraft Certification Office, FAA. For information on any already approved alternative methods of compliance, please contact one of the following:
—Wess Rouse, Small Airplane Project Manager, ACE-117C; Chicago Aircraft Certification Office, 2300 East Devon Avenue, Roon 107, Des Plaines, Illinois 60018; telephone: (847) 294-8113; facsimile: (847) 294-7834; e-mail: Wess.Rouse@Faa.gov; or
—Angie Kostopoulos, Aerospace Engineer, ACE-116C, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone: (847) 294-7426; facsimile: (847) 294-7834; e-mail: Evangelia.Kostopoulos@Faa.gov.
May I Get Copies of the Documents Referenced in This AD?
(g) To get copies of the documents referenced in this AD, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811; telephone: (218) 727-2737 or on the Internet at http://www.cirrusdesign.com. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19694.
Issued in Kansas City, Missouri, on June 3, 2005.
Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 05-11456 Filed 6-8-05; 8:45 am]
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