Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules 46679 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, 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 International Section, send it 

to the attention of the person identified in 

paragraph (j)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or EASA; 

or Airbus SAS’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(3) Required for Compliance (RC): Any RC 

procedures and tests identified in the service 

information referenced in EASA AD 2018– 

0045 must be done to comply with this AD; 

any procedures or tests that are not identified 

as RC are recommended. Those procedures 

and tests that are not identified as RC may 

be deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the 

procedures and tests identified as RC can be 

done and the airplane can be put back in an 

airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(j) Related Information 

(1) For information about EASA AD 2018– 

0045, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 89990 6017; email ADs@easa.europa.eu; 

Internet www.easa.europa.eu. You may find 

this EASA AD on the EASA website at 

https://ad.easa.europa.eu. You may view this 

EASA AD at the FAA, Transport Standards 

Branch, 2200 South 216th St., Des Moines, 

WA. For information on the availability of 

this material at the FAA, call 206–231–3195. 

EASA AD 2018–0045 may be found in the 

AD docket on the internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2018–0791. 

(2) For more information about this AD, 

contact Kathleen Arrigotti, Aerospace 

Engineer, International Section, Transport 

Standards Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3218. 

Issued in Des Moines, Washington, on 

August 16, 2018. 

Michael Kaszycki, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–19767 Filed 9–13–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0839; Product 

Identifier 2017–NE–31–AD] 

RIN 2120–AA64 

Airworthiness Directives; Zodiac Seats 

France, Cabin Attendant Seats 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Zodiac Seats France 536-Series Cabin 

Attendant Seats. This proposed AD was 

prompted by potential risk of premature 

corrosion on the seat structure and 

clamps. This proposed AD would 

require inspection and modification of 

all Zodiac Seats France 536-Series Cabin 

Attendant Seats. We are proposing this 

AD to address the unsafe condition on 

these products. 

DATES: We must receive comments on 

this proposed AD by October 29, 2018. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Zodiac Service 

Europe, 61, rue Pierre Curie, 78 373 

Plaisir, France; phone: +33 (0)1 61 34 19 

58; email: zs.aog@zodiacaerospace.com; 

website: https://www.zodiacaerospace.

com/en/zodiac-aerospace-services/ 

contacts.You may view this service 

information at the FAA, Engine and 

Propeller Standards Branch, 1200 

District Avenue, Burlington, MA 01803. 

For information on the availability of 

this material at the FAA, call 781–238– 

7759. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0839; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this NPRM, the 

mandatory continuing airworthiness 

information (MCAI), the regulatory 

evaluation, any comments received, and 

other information. The street address for 

Docket Operations (phone: 800–647– 

5527) is listed above. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Dorie Resnik, Aerospace Engineer, 

Boston ACO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: 

781–238–7693; fax: 781–238–7199; 

email: dorie.resnik@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2017–0839; Product Identifier 2017– 

NE–31–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this NPRM. We will consider 

all comments received by the closing 

date and may amend this NPRM 

because of those comments. 

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 NPRM. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2016– 

0167, dated August 17, 2016 (referred to 

after this as ‘‘the MCAI’’), to address the 

unsafe condition on these products. The 

MCAI states: 

Cases of corrosion and cracks were found 

on Zodiac Seats France CAS 536 rear cabin 

attendant seats installed on some ATR 42 and 

ATR 72 aeroplanes. The detected damage 

was located on the lower parts of the 

attendant seat, at the level of the seat-to-floor 

interface. This condition, if not detected and 

corrected, could lead to failure of the seat 


daltland on DSKBBV9HB2PROD with PROPOSALS
46680 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules 

occupied by the cabin attendant, possibly 

resulting in injury to the seat occupant. To 

address this potential unsafe condition, 

Zodiac Seats France issued Service Bulletin 

(SB) No. 536–25–002 to provide inspection 

instructions. 

For the reason described above, this 

[EASA] AD requires repetitive inspections of 

the affected attendant seats, and, depending 

on findings, accomplishment of the 

temporary corrective action(s). This [EASA] 

AD is considered as interim action and 

further [EASA] AD action may follow. Zodiac 

Seats France is developing a solution 

preventing this kind of damage. 

You may obtain further information 

by examining the MCAI in the AD 

docket on the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0839. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Zodiac Seats France 

Service Bulletin (SB) No. 536–25–002, 

Revision 3, dated September 30, 2016. 

The SB describes procedures for 

inspection, repair, or replacement of the 

seat structure and clamps known to be 

installed on the main structure. This 

service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

EASA, and is approved for operation in 

the United States. Pursuant to our 

bilateral agreement with the European 

Community, EASA has notified us of 

the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all the 

relevant information provided by EASA 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

inspection and modification of all 

Zodiac Seats France 536-Series Cabin 

Attendant Seats. 

Costs of Compliance 

We estimate that this proposed AD 

affects 55 seat structures installed on, 

but not limited to, ATR 42 and ATR 72 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Seat inspection, visual (on-wing) .................... 0.2 work-hours × $85 per hour = $17 ............ $0 $17 $935 

Seat inspection, (shop visit) ............................ 0.5 work-hours × $85 per hour = $42.50 ....... 0 42.50 2,337.50 

Part replacement/repair .................................. 2.0 work-hours × $85 per hour = $170 .......... 2,000 2,170 119,350 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to engines, propellers, and 

associated appliances to the Manager, 

Engine and Propeller Standards Branch, 

Policy and Innovation Division. 

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), 

(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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Zodiac Seats France (formerly SICMA Aero 

Seat): Docket No. FAA–2017–0839; 

Product Identifier 2017–NE–31–AD. 

(a) Comments Due Date 

We must receive comments by October 29, 

2018. 

(b) Affected ADs 

None. 


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Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules 46681 

(c) Applicability 

This AD applies to all Zodiac Seats France, 

536-Series Cabin Attendant Seats, part 

number (P/N) 53600, all dash numbers, all 

serial numbers. These appliances are 

installed on, but not limited to, Avions de 

transport regional (ATR) 42 and ATR 72 

airplanes of U.S. registry. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2500, Cabin Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by corrosion found 

on the seat structure or on clamps of the 

Zodiac Seats France 536-Series Cabin 

Attendant Seats. We are issuing this AD to 

prevent failure of these seats. The unsafe 

condition, if not addressed, could result in 

failure of the seat occupied by the cabin 

attendant, and possible injury to the seat 

occupant. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Within 14 months after the first 

installation of the seat on an aircraft, or 

within three months after the effective date 

of this AD, whichever occurs later, remove 

the seat from the aircraft and perform a 

detailed visual inspection in accordance with 

the Accomplishment Instructions, Paragraph 

2.B., of Zodiac Seats France Service Bulletin 

(SB) No. 536–25–002, Revision 3, dated 

September 30, 2016. If the date of the first 

installation of a seat on an airplane is 

unknown, use the date of manufacture of the 

seat (which can be found on the ID placard 

of the seat) to determine when the inspection 

must be accomplished. 

(2) Within three months after the 

inspection required by paragraph (g)(1) of 

this AD, and, thereafter, at intervals not to 

exceed three months, perform a detailed 

visual inspection in accordance with the 

Accomplishment Instructions, Paragraphs 

2.A. and 2.B., of Zodiac Seats France SB No. 

536–25–002, Revision 3, dated September 30, 

2016. 

(3) If corrosion or other damage is found, 

before further flight or before reinstallation of 

the seat on an aircraft, as applicable, repair 

the seat in accordance with the 

Accomplishment Instructions, Paragraphs 

2.B. and 2.C., of Zodiac Seats France SB No. 

536–25–002, Revision 3, dated September 30, 

2016. 

(4) Temporarily stowing and securing a 

damaged attendant seat in a retracted 

position to prevent occupancy, in accordance 

with the provisions and limitations 

applicable Master Minimum Equipment List 

item, is an acceptable alternative method to 

defer compliance with the requirements of 

paragraph (g)(3) of this AD. 

(h) Installation Prohibition 

After the effective date of this AD, do not 

install an affected Zodiac Seats France 536- 

Series Cabin Attendant Seat on any aircraft, 

unless having accumulated more than 14 

months since first installation on any aircraft, 

provided that before installation, it has 

passed an inspection in accordance with the 

Accomplishment Instructions, Paragraph 

2.B., of Zodiac Seats France SB No. 536–25– 

002, Revision 3, dated September 30, 2016. 

(i) Credit for Previous Actions 

You may take credit for actions required by 

paragraph (g) of this AD if you performed 

these actions before the effective date of this 

AD using Zodiac Seats France SB No. 536– 

25–002, Revision 2, dated August 29, 2016. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Boston ACO Branch, 

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 manager of the 

ACO Branch, send it to the attention of the 

person identified in paragraph (k)(1) of this 

AD. 

(2) 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. 

(k) Related Information 

(1) For more information about this AD, 

contact Dorie Resnik, Aerospace Engineer, 

Boston ACO Branch, FAA, 1200 District 

Avenue, Burlington, MA, 01803; phone: 781– 

238–7693; fax: 781–238–7199; email: 

dorie.resnik@faa.gov. 

(2) Refer to European Aviation Safety 

Agency AD 2016–0167, dated August 17, 

2016, for more information. You may 

examine the EASA AD in the AD docket on 

the internet at http://www.regulations.gov by 

searching for and locating it in Docket No. 

FAA–2017–0839. 

(3) For service information identified in 

this AD, contact Zodiac Service Europe, 61, 

rue Pierre Curie, 78 373 Plaisir, France; 

phone: +33 (0)1 61 34 19 58; email: zs.aog@

zodiacaerospace.com; website: https://

www.zodiacaerospace.com/en/zodiacaerospace-services/contacts. You may view 

this referenced service information at the 

FAA, Engine and Propeller Standards 

Branch, 1200 District Avenue, Burlington, 

MA, 01803. For information on the 

availability of this material at the FAA, call 

781–238–7759. 

Issued in Burlington, Massachusetts, on 

September 5, 2018. 

Robert J. Ganley, 

Manager, Engine and Propeller Standards 

Branch, Aircraft Certification Service. 

[FR Doc. 2018–19797 Filed 9–13–18; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Chapter I 

RIN 3142–AA13 

The Standard for Determining JointEmployer Status 

AGENCY: National Labor Relations 

Board. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: In order to more effectively 

enforce the National Labor Relations Act 

(the Act or the NLRA) and to further the 

purposes of the Act, the National Labor 

Relations Board (the Board) proposes a 

regulation establishing the standard for 

determining whether two employers, as 

defined in Section 2(2) of the Act, are 

a joint employer of a group of 

employees under the NLRA. The Board 

believes that this rulemaking will foster 

predictability and consistency regarding 

determinations of joint-employer status 

in a variety of business relationships, 

thereby promoting labor-management 

stability, one of the principal purposes 

of the Act. Under the proposed 

regulation, an employer may be 

considered a joint employer of a 

separate employer’s employees only if 

the two employers share or codetermine 

the employees’ essential terms and 

conditions of employment, such as 

hiring, firing, discipline, supervision, 

and direction. More specifically, to be 

deemed a joint employer under the 

proposed regulation, an employer must 

possess and actually exercise substantial 

direct and immediate control over the 

essential terms and conditions of 

employment of another employer’s 

employees in a manner that is not 

limited and routine. 

DATES: Comments regarding this 

proposed rule must be received by the 

Board on or before November 13, 2018. 

Comments replying to comments 

submitted during the initial comment 

period must be received by the Board on 

or before November 20, 2018. Reply 

comments should be limited to replying 

to comments previously filed by other 

parties. No late comments will be 

accepted. 

ADDRESSES: 

Internet—Federal eRulemaking Portal. 

Electronic comments may be submitted 

through http://www.regulations.gov. 

Delivery—Comments should be sent 

by mail or hand delivery to: Roxanne 

Rothschild, Associate Executive 

Secretary, National Labor Relations 

Board, 1015 Half Street SE, Washington, 

DC 20570–0001. Because of security 


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