[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18020-18022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6628]
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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;
Amendment 39-16642; AD 2011-07-05]
RIN 2120-AA64
Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174,
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 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), Department of
Transportation (DOT).
ACTION: Final rule.
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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:
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. We are issuing this AD to require
actions to correct the unsafe condition on these products.
DATES: This AD becomes effective May 6, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 6, 2011.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 13, 2010 (75
FR 1731). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Revise Service Bulletin Reference
Boeing requested that we update all references to Sicma Aero Seat
Service Bulletin 90-25-012, Issue 4, dated December 19, 2001, to Issue
5, dated March 19, 2004, including Annex 1, Issue 2, dated March 19,
2004. The commenter justified the request by stating that seat series
91C3 (installed on Boeing Model 737 airplanes) was inadvertently
included in Issue 4 of that service bulletin in error, and that Issue 5
of that service bulletin corrects the effectivity by limiting it to
those installed seats that are affected. The commenter also requested
that we revise the ``Relevant Service Information'' section of the NPRM
to refer to Issue 5 of that service bulletin.
We agree to update the service information in the AD for the reason
given. We have revised paragraphs (c), (f)(1) through (f)(4), and (h)
of this AD to refer to Sicma Aero Seat Service Bulletin 90-25-012,
Issue 5, dated March 19, 2004. We also have added Issue 4 of that
service bulletin to paragraph (f)(5) of this AD to give credit for
actions done before the effective date of this AD in accordance with
Issue 4 of that service bulletin.
We have not changed the ``Relevant Service Information'' section of
the NPRM because that section does not appear in this final rule.
Request To Remove Series 91C3 Seat From the Applicability
Boeing requested that we revise the Applicability, paragraph (c) of
the NPRM, to remove seat series 91C3 for the reason stated in the
previous comment.
We agree to correct the Applicability of the AD because Sicma Aero
Seat Service Bulletin 90-25-012, Issue 5, dated March 19, 2004,
corrects the effectivity, and have removed seat series 91C3 from
paragraph (c) of this AD.
No Reporting Requirement
We removed paragraph (g)(3) of the NPRM from this final rule
because reporting findings is not required.
Conclusion
We 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 determined that these
changes will not increase the economic burden on
[[Page 18021]]
any operator or increase the scope of the AD.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.
Costs of Compliance
We estimate that this AD will affect 70,073 seats on 163 products
of U.S. registry. We also estimate that it will take 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. 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 this AD to the
U.S. operators to be $5,956,205, or $85 per product.
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
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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:
2011-07-05 Sicma Aero Seat: Amendment 39-16642. Docket No. FAA-2010-
0027; Directorate Identifier 2008-NM-204-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 6,
2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Sicma Aero Seats 9140, 9166, 9173, 9174,
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C4, 91C5, and 9301
series passenger seat assemblies; and Sicma Aero Seats 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 2, dated
March 19, 2004, of Sicma Aero Seat Service Bulletin 90-25-012, Issue
5, dated March 19, 2004; 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/N (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.
[[Page 18022]]
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 5, dated March 19, 2004.
(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 5, dated March 19, 2004): 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 5, dated March 19, 2004.
(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 5, dated March 19, 2004): 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 5, dated March 19, 2004.
(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 5, dated March 19, 2004.
(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; and Sicma Aero Seat Service Bulletin 90-25-
012, Issue 4, dated December 19, 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 after 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
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the ACO,
send it 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, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding 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.
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 5, dated March 19, 2004; for related information.
Material Incorporated by Reference
(i) You must use Sicma Aero Seat Service Bulletin 90-25-012,
Issue 5, dated March 19, 2004, including Annex 1, Issue 2, dated
March 19, 2004, to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this 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
[email protected]; Internet http://www.sicma.zodiac.com/en/.
(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.
(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 March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-6628 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-13-P