[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Proposed Rules]
[Pages 1731-1734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-484]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0027; Directorate Identifier 2008-NM-204-AD]
RIN 2120-AA64
Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174,
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, and 9301
Series Passenger Seat Assemblies; and Sicma Aero Seat 9501311-05,
9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-55,
9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98
Passenger Seat Assemblies; Installed on Various Transport Category
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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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: Cracks have been found on seat backrest links P/N (part
number) 90-000200-104-1 and 90-000200-104-2. These cracks can
significantly affect the structural integrity of seat backrests.
Failure of the backrest links could result in injury to an occupant
during emergency landing conditions. 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 March 1, 2010.
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.
[[Page 1732]]
For service information identified in this proposed AD, contact
Sicma Aero Seat, 7, Rue Lucien Coupet, 36100 ISSOUDUN, France;
telephone +33 (0) 2 54 03 39 39; fax +33 (0) 2 54 03 39 00; e-mail:
customerservices@sicma.zodiac.com; Internet http://www.sicma.zodiac.com/en/. 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: Jeffrey Lee, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone (781) 238-7161; fax (781) 238-7170.
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-2010-0027;
Directorate Identifier 2008-NM-204-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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 Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, has issued French
Airworthiness Directive 2001-605(AB), dated December 12, 2001 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Cracks have been found on seat backrest links P/N (part number)
90-000200-104-1 and 90-000200-104-2. These cracks can significantly
affect the structural integrity of seat backrests. Therefore a life
limit is introduced on the links. On 9g seats also affected by this
problem, stronger unlimited life limits have been developed and
their installation has been rendered mandatory. However, on 16g
seats the affected links have a direct influence on certification
dynamic tests and cannot be replaced by similar stronger links
without performing again all dynamic tests for each seat part
number.
Failure of the backrest links could result in injury to an occupant
during emergency landing conditions. The required actions include a
general visual inspection for cracking of backrest links, replacement
with new links if cracking is found, and eventual replacement of all
links with new links.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Sicma Aero Seat has issued Service Bulletin 90-25-012, Issue 4,
dated December 19, 2001, including Annex 1, Issue 1, dated July 9,
2001. 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 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 70,073 seats on 163 products of U.S. registry. We also
estimate that it would take 1 work-hour per seat to comply with the
basic requirements of this proposed AD. The average labor rate is $80
per work-hour. Required parts would cost about $0 per seat. 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 $5,605,840, or $80 per seat.
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
[[Page 1733]]
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:
Sicma Aero Seat: Docket No. FAA-2010-0027; Directorate Identifier
2008-NM-204-AD.
Comments Due Date
(a) We must receive comments by March 1, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Sicma Aero Seat 9140, 9166, 9173, 9174,
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, and 9301
series passenger seat assemblies; and Sicma Aero Seat 9501311-05,
9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-
55, 9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98
passenger seat assemblies; identified in Annex 1, Issue 1, dated
July 9, 2001, of Sicma Aero Seat Service Bulletin 90-25-012, Issue
4, dated December 19, 2001; that have backrest links part numbers
(P/Ns) 90-000200-104-1 and 90-000200-104-2; and that are installed
on, but not limited to the airplanes identified in Table 1 of this
AD, certificated in any category.
Table 1--Certain Affected Models
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Manufacturer Model
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Airbus................................. A330-200 and -300 Series
Airplanes.
Airbus................................. A340-200, -300, -500 and -600
Series Airplanes.
The Boeing Company..................... 777-200, -300, -300ER, and -
200LR Series Airplanes.
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Note 1: This AD applies to Sicma Aero Seat passenger seat
assemblies as installed on any airplane, regardless of whether the
airplane has been otherwise 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 according to
paragraph (g)(1) 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.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Cracks have been found on seat backrest links P/Ns (part
numbers) 90-000200-104-1 and 90-000200-104-2. These cracks can
significantly affect the structural integrity of seat backrests.
Therefore a life limit is introduced on the links. On 9g seats also
affected by this problem, stronger unlimited life limits have been
developed and their installation has been rendered mandatory.
However, on 16g seats the affected links have a direct influence on
certification dynamic tests and cannot be replaced by similar
stronger links without performing again all dynamic tests for each
seat part number.
Failure of the backrest links could result in injury to an
occupant during emergency landing conditions. The required actions
include a general visual inspection for cracking of backrest links,
replacement with new links if cracking is found, and eventual
replacement of all links with new links.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the later of the times specified in paragraphs (f)(1)(i)
and (f)(1)(ii) of this AD, do a general visual inspection for
cracking of the backrest links, P/Ns 90-000200-104-1 and 90-000200-
104-2, in accordance with Part One ``Checking Procedure'' of Sicma
Aero Seat Service Bulletin 90-25-012, Issue 4, dated December 19,
2001:
(i) Before 6,000 flight hours on the backrest link since new.
(ii) Within 900 flight hours or 5 months after the effective
date of this AD, whichever occurs later.
(2) If, during the inspection required by paragraph (f)(1) of
this AD, cracking is found between the side of the backrest link and
the lock-out pin hole but the cracking does not pass this lock-out
pin hole (refer to Figure 2 of Sicma Aero Seat Service Bulletin 90-
25-012, Issue 4, dated December 19, 2001): Within 600 flight hours
or 3 months after doing the inspection, whichever occurs first,
replace both backrest links of the affected seat with new backrest
links having the same part number (P/N 90-000200-104-1 or 90-000200-
104-2), in accordance with Part Two ``Replacement Procedure'' of
Sicma Aero Seat Service Bulletin 90-25-012, Issue 4, dated December
19, 2001.
(3) If, during the inspection required by paragraph (f)(1) of
this AD, cracking is found that passes beyond the lock-out pin hole
(refer to Figure 2 of Sicma Aero Seat Service Bulletin 90-25-012,
Issue 4, dated December 19, 2001): Before further flight, replace
both backrest links of the affected seat with new backrest links
having the same part numbers (P/N 90-000200-104-1 or 90-000200-104-
2), in accordance with Part Two ``Replacement Procedure'' of Sicma
Aero Seat Service Bulletin 90-25-012, Issue 4, dated December 19,
2001.
(4) If no cracking is found during the inspection required by
paragraph (f)(1) of this AD: At the later of the times specified in
paragraphs (f)(4)(i) and (f)(4)(ii) of this AD, replace the links,
P/Ns 90-000200-104-1 and 90-000200-104-2, with new backrest links
having the same part numbers (P/N 90-000200-104-1 or 90-000200-104-
2), in accordance with Part Two ``Replacement Procedure'' of Sicma
Aero Seat Service Bulletin 90-25-012, Issue 4, dated December 19,
2001.
(i) Before 12,000 flight hours on the backrest links, P/Ns 90-
000200-104-1 and 90-000200-104-2, since new.
(ii) Within 900 flight hours or 5 months after the effective
date of this AD, whichever occurs later.
(5) Actions done before the effective date of this AD in
accordance with Sicma Aero Seat Service Bulletin 90-25-012, Issue 3,
dated October 3, 2001, are acceptable for compliance with the
corresponding actions of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: The MCAI specifies doing repetitive
inspections for cracking of links having over 12,000 flight hours
since new until the replacement of the link is done. This AD does
not include those repetitive inspections because we have reduced the
required time for replacing those links. This AD requires
replacement of the link before 12,000 flight hours since new, or
within 900 flight hours or 5 months of the effective date of this
AD, whichever occurs later.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Boston Aircraft Certification Office, FAA, has the authority to
[[Page 1734]]
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Jeffrey Lee, Aerospace
Engineer, Boston Aircraft Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; telephone (781) 238-7161; fax (781) 238-7170. 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.
(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 (44
U.S.C. 3501 et seq.), 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 French Airworthiness Directive 2001-605(AB),
dated December 12, 2001, and Sicma Aero Seat Service Bulletin 90-25-
012, Issue 4, dated December 19, 2001, including Annex 1, Issue 1,
dated July 9, 2001, for related information.
Issued in Renton, Washington, on January 5, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-484 Filed 1-12-10; 8:45 am]
BILLING CODE 4910-13-P