[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Proposed Rules]
[Pages 22830-22833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9942]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0040; Directorate Identifier 2008-NM-203-AD]
RIN 2120-AA64
Airworthiness Directives; Sicma Aero Seat 88xx, 89xx, 90xx, 91xx,
92xx, 93xx, 95xx, and 96xx Series Passenger Seat Assemblies, Installed
on Various Transport Category Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. 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 seats [with] 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 June 9, 2011.
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.
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:
[email protected]; 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.
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, Massachusetts
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-2010-0040;
Directorate Identifier 2008-NM-203-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 will post all comments we receive, without change, to http://
[[Page 22831]]
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
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
January 19, 2010 (75 FR 2826). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
specified above.
Since that NPRM was issued, we have determined that the series 91C3
seat was not included in that NPRM because it was originally included
in the wrong service bulletin. Sicma Aero Seat issued revised service
information that includes that seat model with the other seat models
affected by that NPRM, as discussed in the comment responses that
follow. You may obtain further information by examining the MCAI in the
AD docket.
Comments
We have considered the following comments received on the earlier
NPRM.
Request To Revise Service Bulletin Reference
Boeing requested that we update all references to Sicma Aero Seat
Service Bulletin 90-25-013, Issue 3, dated December 19, 2001, to Issue
4, dated March 19, 2004, including Annex 1, Issue 2, dated March 19,
2004. The commenter justified the request by stating that seat model
91C3 (installed on Boeing Model 737 airplanes) was inadvertently
excluded in Issue 3 of that service bulletin, and that Issue 4 of that
service bulletin corrects the applicability to those seats installed
that are affected. The commenter also requested that we revise the
``Relevant Service Information'' section of the NPRM to refer to Issue
4 of that service bulletin.
We agree to update the service information in the supplemental NPRM
for the reason given. We have revised paragraphs (c), (f)(1) through
(f)(3), (f)(5), and (h) of this supplemental NPRM to refer to Sicma
Aero Seat Service Bulletin 90-25-013, Issue 4, dated March 19, 2004,
including Annex 1, Issue 2, dated March 19, 2004. We also have added
new paragraph (f)(6) to this supplemental NPRM to give credit for
actions done according to Issue 3 of that service bulletin. We also
have removed the specific reference to series 91C3 seats, in paragraph
(c) of this supplemental NPRM, from the list of those series to which
this supplemental NPRM does not apply, because this AD, as now
proposed, does apply to series 91C3 seats. We have not changed the
``Relevant Service Information'' section of the NPRM because that
section does not appear in this supplemental NPRM.
Request To Remove Boeing Model 777 Airplanes From Applicability Table 1
Boeing requested that we revise table 1 of the NPRM to remove Model
777 airplanes, because those airplanes, due to their certification, do
not have the affected seat series installed.
We agree to revise table 1 of the supplemental NPRM, for the reason
given.
Request To Identify Affected Seats by Main Component Number
Vallejo Investments, Inc. requested that we specify the affected
seats by their main component part number rather than the part number
of the subassembly. The commenter stated that it could better
participate in the rule-making process with this information.
We do not agree to provide the main component part numbers for the
affected seats, because the seat assembly part numbers as listed are
consistent with the Technical Standard Order (TSO) part number labels
attached to each seat. We have not changed the supplemental NPRM in
this regard.
Explanation of Changes Made to This Proposed AD
We have revised this supplemental NPRM to identify the legal name
of the manufacturer as published in the most recent type certificate
data sheet for the affected airplane models.
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.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed 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 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.
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
Based on the service information, we estimate that this proposed AD
would affect about 611 seats on 4 products of U.S. registry. We also
estimate that it would take about 1 work-hour per product to comply
with the basic requirements of this proposed AD. The average labor rate
is $85 per work-hour. Required parts would 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 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 $51,935, or $85 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
[[Page 22832]]
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 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-2010-0040; Directorate Identifier
2008-NM-203-AD.
Comments Due Date
(a) We must receive comments by June 9, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Sicma Aero Seat 88xx, 89xx, 90xx, 91xx,
92xx, 93xx, 95xx, and 96xx series passenger seat assemblies
identified in Annex 1, Issue 2, dated March 19, 2004, of Sicma Aero
Seat Service Bulletin 90-25-013, Issue 4, dated March 19, 2004, that
have backrest links having 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. This AD does not apply to Sicma Aero Seat series 9140,
9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C4,
91C5, 9301, and 9501 passenger seat assemblies.
Table 1-Certain Affected Airplane Models
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Manufacturer Model
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Airbus............................ A300 Airplanes.
Airbus............................ A310, A318, A319, A320, A321, A330-
200 and A330-300 Series Airplanes.
ATR-GIE Avions de Transport ATR42-200, -300, -320, and -500
R[eacute]gional. Airplanes.
ATR-GIE Avions de Transport ATR72-101, -201, -102, -202, -211, -
R[eacute]gional. 212, and -212A Airplanes.
The Boeing Company................ 727, 727C, 727-100, 727-100C, 727-
200, and 727-200F Series Airplanes.
The Boeing Company................ 737-100, -200, -200C, -300, -400, -
500, -600, -700, -700C, -800, -900,
and -900ER Series Airplanes.
The Boeing Company................ 747-100, 747-100B, 747-100B SUD, 747-
200B, 747-200C, 747-200F, 747-300,
747-400, 747-400D, 747-400F, 747SR,
and 747SP Series Airplanes.
The Boeing Company................ 757-200, -200PF, -200CB, and -300
Series Airplanes.
The Boeing Company................ 767-200, -300, -300F, and -400ER
Series Airplanes.
Bombardier, Inc................... CL-600-1A11 (CL-600), CL-600-2A12
(CL-601), and CL-600-2B16 (CL-601-
3A, CL-601-3R, and CL-604)
Airplanes.
Bombardier, Inc................... CL-600-2B19 (Regional Jet Series 100
and 440) Airplanes.
Bombardier, Inc................... CL-600-2C10 (Regional Jet Series
700, 701, and 702) Airplanes.
Bombardier, Inc................... CL-600-2D15 (Regional Jet Series
705) Airplanes.
Bombardier, Inc................... CL-600-2D24 (Regional Jet Series
900) Airplanes.
Bombardier, Inc................... DHC-8-100, DHC-8-200, DHC-8-300, and
DHC-8-400 Airplanes.
Fokker Services B.V............... F.27 Mark 050, 100, 200, 300, 400,
500, 600, and 700 Airplanes.
Fokker Services B.V............... F.28 Mark 0070, 0100, 1000, 2000,
3000, and 4000 Airplanes.
The Boeing Company................ DC-8-11, DC-8-12, DC-8-21, DC-8-31,
DC-8-32, DC-8-33, DC-8-41, DC-8-42,
DC-8-43, DC-8-51, DC-8-52, DC-8-53,
DC-8-55, DC-8F-54, DC-8F-55, DC-8-
61, DC-8-62, DC-8-63, DC-8-61F, DC-
8-62F, DC-8-63F, DC-8-71, DC-8-72,
DC-8-73, DC-8-71F, DC-8-72F, and DC-
8-73F Airplanes.
The Boeing Company................ DC-9-11, DC-9-12, DC-9-13, DC-9-14,
DC-9-15, DC-9-15F, DC-9-21, DC-9-
31, DC-9-32, DC-9-32 (VC-9C), DC-9-
32F, DC-9-33F, DC-9-34, DC-9-34F,
DC-9-32F (C-9A, C-9B), DC-9-41, DC-
9-51, DC-9-81 (MD-81), DC-9-82 (MD-
82), DC-9-83 (MD-83), and DC-9-87
(MD-87) Airplanes.
The Boeing Company................ DC-10-10, DC-10-10F, DC-10-15, DC-10-
30, DC-10-30F (KC-10A and KDC-10),
DC-10-40, and DC-10-40F Airplanes.
The Boeing Company................ MD-11 and MD-11F 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.
[[Page 22833]]
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 seats [with] 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 required actions include a
general visual inspection for cracking of the backrest links;
replacement with new, improved links if cracking is found; and
eventual replacement of all links with new, improved links.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) At the later of the compliance times specified in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD, do a general visual inspection
of the backrest links having P/Ns 90-000200-104-1 and 90-000200-104-
2, in accordance with Part One of Sicma Aero Seat Service Bulletin
90-25-013, Issue 4, 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-
25-013, Issue 4, 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, improved backrest
links having P/Ns 90-100200-104-1 and 90-100200-104-2, in accordance
with Part Two of Sicma Aero Seat Service Bulletin 90-25-013, Issue
4, 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 90-25-013,
Issue 4, dated March 19, 2004): Before further flight, replace both
backrest links of the affected seat with new, improved backrest
links having P/Ns 90-100200-104-1 and 90-100200-104-2, in accordance
with Part Two of Sicma Aero Seat Service Bulletin 90-25-013, Issue
4, dated March 19, 2004.
(4) If no cracking is found during the inspection required by
paragraph (f)(1) of this AD: Do the replacement required by
paragraph (f)(5) of this AD at the compliance time specified in
paragraph (f)(5) of this AD.
(5) At the later of the compliance times specified in paragraphs
(f)(5)(i) and (f)(5)(ii) of this AD, replace the links, P/Ns 90-
000200-104-1 and 90-000200-104-2, with new improved links, P/Ns 90-
100200-104-1 and 90-100200-104-2, in accordance with Part Two of
Sicma Aero Seat Service Bulletin 90-25-013, Issue 4, dated March 19,
2004. Doing this replacement for an affected passenger seat assembly
terminates the inspection requirements of paragraph (f)(1) of this
AD for that passenger seat assembly.
(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.
Credit for Actions Done in Accordance With Previous Service Information
(6) Actions done before the effective date of this AD in
accordance with Sicma Aero Seat Service Bulletin 90-25-013, Issue 3,
dated December 19, 2001, including Annex 1, Issue 2, dated March 19,
2004, 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 compliance time
for replacing those links. This AD requires replacing 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
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, Massachusetts 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 2001-613(AB),
dated December 12, 2001; and Sicma Aero Seat Service Bulletin 90-25-
013, Issue 4, dated March 19, 2004, including Annex 1, Issue 2,
dated March 19, 2004; for related information.
Issued in Renton, Washington, on April 18, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-9942 Filed 4-22-11; 8:45 am]
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