[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Proposed Rules]
[Page 57804-57805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc05-26]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 57804]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22109; Directorate Identifier 2005-NE-32-AD]
RIN 2120-AA64
Airworthiness Directives; Sicma Aero Seat (Formerly Farner);
Cabin Attendant Seat Series 150 Type FN and Series 151 Type WN
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Sicma Aero Seat (formerly Farner) cabin attendant seat series 150
type FN and series 151 type WN. This proposed AD would require
installing two protection fairings over the upper seat structure to
cover the gap between the upper and lower seats and prevent any contact
with the bottom seat folding mechanisms. This proposed AD results from
a child catching its fingers in the folding mechanism of the bottom of
the attendant seat. We are proposing this AD to prevent injury
resulting from contact with the bottom folding mechanism.
DATES: We must receive any comments on this proposed AD by December 5,
2005.
ADDRESSES: Use one of the following addresses to comment 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 20590-0001.
Fax: (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.
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 15 16, for
the service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine and Propeller
Directorate, FAA, 12 New England Executive Park, Burlington, MA 01803-
5299; telephone (781) 238-7161; fax (781) 238-7170.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send us any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22109;
Directorate Identifier 2005-NE-32-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those 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 AD. Using the search function of the
DMS Web site, anyone can find and read the comments in 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.). 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.
Examining the AD Docket
You may examine the 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., Monday through Friday, except Federal
holidays. The Docket Office (telephone (800) 647-5227) is on the plaza
level of the Department of Transportation Nassif Building at the street
address stated in ADDRESSES. Comments will be available in the AD
docket shortly after the DMS receives them.
Discussion
The Direction Generale de L'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified us that an unsafe
condition might exist on Sicma Aero Seat (formerly Farner) cabin
attendant seat series 150 type FN and series 151 type WN. The DGAC
advises that this proposed AD results from a child catching and
injuring his fingers in the bottom seat folding mechanism. This
proposed AD would require installing two protective fairings over the
upper seat structure to cover the gap between the upper and lower seats
and prevent any contact with the folding mechanisms of the bottom seat.
Initially Farner and Sicma Aero Seat manufactured identical attendant
seats. The affected seats have a Farner placard, but since Farner no
longer manufacturers these seats, Sicma will install the protective
fairings.
Relevant Service Information
We have reviewed and approved the technical contents of Sicma Aero
Seat Service Bulletin (SB) 150-25-036, Issue 1, dated October 2, 1999,
and Sicma Aero Seat Service Bulletin (SB) 151-25-037, Issue 1, dated
October 2, 1999. Those SB's describe procedures for installing two
protective fairings on each affected cabin attendant seat and adding or
completing a modification placard. The DGAC classified these service
bulletins as mandatory and issued airworthiness directive 1999-004(AB),
dated January 13, 1999, in order to ensure the airworthiness of these
attendant seats in France.
FAA's Determination and Requirements of the Proposed AD
These cabin attendant seats, manufactured in France, are used in
[[Page 57805]]
airplanes that are type-certificated for operation in the United States
under the provisions of section 21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the applicable bilateral airworthiness
agreement. In keeping with this bilateral airworthiness agreement, the
DGAC kept us informed of the situation described above. We have
examined the DGAC's findings, reviewed all available information, and
determined that AD action is necessary for products of this type design
that are certificated for operation in the United States. For this
reason, we are proposing this AD, which would require installing two
protective fairings on each affected cabin attendant seat and replacing
the existing identification placard with a new one. The proposed AD
would require you to use the service information described previously
to perform these actions.
Costs of Compliance
There are about 5,584 Sicma Aero Seat (formerly Farner) cabin
attendant seats, series 150 type FN and 151 type WN of the affected
design installed on 698 airplanes of U.S. registry. We estimate that it
would take about 3 work hours per airplane to perform the proposed
actions, and that the average labor rate is $65 per work hour. Sicma
has advised us that they will supply the modification kits at no cost.
Based on the labor rate to install the kits, the total cost of the
proposed AD to U.S. operators will be $138,110.
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 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.
For the reasons discussed above, I certify that the 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. Would 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. 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, Safety.
The Proposed Amendment
Under the authority delegated to me by the Administrator, the
Federal Aviation Administration 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
airworthiness directive:
Sicma Aero Seat (formerly Farner): Docket No. FAA-2005-22109;
Directorate Identifier 2005-NE-32-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by December 5,
2005.
Affected ADs
(b) None.
Applicability
(c) This AD is applies to Sicma Aero Seat (formerly Farner)
cabin attendant seat series 150 type FN and 151 type WN, all part
and serial numbers. These attendant seats are installed on, but not
limited to, Airbus A319, A320 and A321 series airplanes.
Unsafe Condition
(d) This proposed AD results from a child catching its fingers
in the folding mechanism of the bottom of the attendant seat. We are
issuing this AD to prevent injury resulting from contact with the
bottom folding mechanism.
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.
Installing Protective Fairings
(f) Within 90 days after the effective date of this AD, install
two protective fairings, part number (P/N) 160100-49, on each
affected cabin attendant seat. Use the instructions in paragraph 2
of Sicma Aeroseat Service Bulletin 150-25-036, Issue 1, dated
October 2, 1999, and Sicma Aeroseat Service Bulletin 151-25-037,
Issue 1, dated October 2, 1999.
(g) After installing the fairings, add or complete a
modification placard, part number (P/N) 00-5179, indicating that the
service bulletin has been completed. Use the instructions in
paragraph 3 of Sicma Aeroseat Service Bulletin 150-25-036, Issue 1,
dated October 2, 1999, and Sicma Aeroseat Service Bulletin 151-25-
037, Issue 1, dated October 2, 1999.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, Boston Aircraft Certification Office, has the
authority to approve alternative methods of compliance for this AD
if requested using the procedures found in 14 CFR 39.19.
Related Information
(i) DGAC airworthiness directive 1999-004 (AB), dated January
13, 1999, also addresses the subject of this AD.
Issued in Burlington, Massachusetts, on September 26, 2005.
Francis A. Favara,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 05-19873 Filed 10-3-05; 8:45 am]
BILLING CODE 4910-13-P