[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24360-24362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9790]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0334; Directorate Identifier 2012-NM-001-AD; 
Amendment 39-17024; AD 2012-08-07]
RIN 2120-AA64


Airworthiness Directives; Sicma Aero Seat Passenger Seat 
Assemblies, Installed on, But Not Limited to, ATR-GIE Avions de 
Transport R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain Sicma Aero Seat Model 9401, 9402, 9404, 9505, 9406, 9407, 
9408, and 9409 series passenger seat assemblies, installed on, but not 
limited to, ATR--GIE Avions de Transport R[eacute]gional Model ATR42 
and ATR72 airplanes. That AD currently requires repetitive detailed 
inspections for cracking of the central and lateral spreaders of the 
affected seats, and repair or replacement of the spreader if necessary. 
This AD was prompted by a determination that the existing AD included 
Model 9505 series passenger seat assemblies in the applicability 
instead of Model 9405 series passenger seat assemblies. We are issuing 
this AD to detect and correct cracking of the central and lateral 
spreaders, which could lead to further cracking of the seat spreaders, 
causing injury to passengers or crew members during heavy turbulence in 
flight or in the event of an emergency landing.

DATES: This AD becomes effective May 9, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 21, 
2011 (76 FR 68304, November 4, 2011).
    We must receive comments on this AD by June 8, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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; email: 
<a href="/cdn-cgi/l/email-protection#8fe5eae9e9fdeaf6a1e3eaeacfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="234946454551465a0d4f4646634542420d444c55">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On October 20, 2011, we issued AD 2011-23-
06, Amendment 39-16857 (76 FR 68304, November 4, 2011). That AD 
required actions intended to address an unsafe condition on Sicma Aero 
Seat Model 9401, 9402, 9404, 9505, 9406, 9407, 9408, and 9409 series 
passenger seat assemblies, installed on, but not limited to, ATR--GIE 
Avions de Transport R[eacute]gional Model ATR42 and ATR72 airplanes.
    Since we issued AD 2011-23-06, Amendment 39-16857 (76 FR 68304, 
November 4, 2011), we have determined that the applicability of that AD 
included Model 9505 series passenger seat assemblies in the 
applicability instead of Model 9405 series passenger seat assemblies. 
We have revised the applicability of this AD accordingly and added new 
paragraph (h) for Sicma Aero Seat Model 9405 series passenger seat 
assemblies.

Change to Existing AD

    Since we issued AD 2011-23-06, Amendment 39-16857 (76 FR 68304, 
November 4, 2011), the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
   Requirement in AD 2011-23-06,
 Amendment 39-16857  (76 FR 68304,    Corresponding requirement in this
         November 4, 2011)                            AD
------------------------------------------------------------------------
             paragraph (c)                     paragraph (c)(1)
                    Note 1                     paragraph (c)(2)
             paragraph (h)                        paragraph (i)
             paragraph (i)                        paragraph (j)
             paragraph (j)                        paragraph (k)
------------------------------------------------------------------------

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2012-0334; Directorate 
Identifier 2012-NM-001-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may

[[Page 24361]]

amend this AD 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 AD.

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 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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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.

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 removing airworthiness directive (AD) 
2011-23-06, Amendment 39-16857 (76 FR 68304, November 4, 2011), and 
adding the following new AD:

2012-08-07 Sicma Aero Seat: Amendment 39-17024. Docket No. FAA-2012-
0334; Directorate Identifier 2012-NM-001-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 9, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-23-06, Amendment 39-16857 (76 FR 
68304, November 4, 2011).

(c) Applicability

    (1) This AD applies to Sicma Aero Seat Model 9401, 9402, 9404, 
9405, 9406, 9407, 9408, and 9409 series passenger seat assemblies, 
all part numbers, except front row and aft facing seats, and those 
modified to ``Amendment B'' standard. These passenger seat 
assemblies are installed on, but not limited to, ATR--GIE Avions de 
Transport R[eacute]gional Model ATR42-200, -300, -320, and -500 
airplanes and Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes.
    (2) 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 (AMOC) according to paragraph 
(l)(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.

(d) Subject

    Air Transport Association (ATA) of America Code 25: Equipment/
Furnishings.

(e) Reason

    This AD was prompted by reports of cracked central and lateral 
spreaders on passenger seats assemblies. We are issuing this AD to 
detect and correct cracking of the central and lateral spreaders, 
which could lead to further cracking of the seat spreaders, causing 
injury to passengers or crew members during heavy turbulence in 
flight or in the event of an emergency landing.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Retained Repetitive Inspections, Repair, and Replacement

    This paragraphs restates the actions required by paragraph (g) 
of AD 2011-23-06, Amendment 39-16857 (76 FR 68304, November 4, 
2011). For Sicma Aero Seat Model 9401, 9402, 9404, 9406, 9407, 9408, 
and 9409 series passenger seat assemblies: Within 6 months after 
November 21, 2011 (the effective date of AD 2011-23-06), perform a 
detailed inspection for cracking of the central and lateral 
spreaders of the affected seats, in accordance with paragraph 2/A1., 
``Checking procedures of lateral and central spreaders,'' of the 
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-013, Issue 4, dated February 12, 2008.
    (1) If no cracking is found on any central spreader, repeat the 
detailed inspection thereafter at intervals not to exceed 550 flight 
hours until the replacement specified in paragraph (i) of this AD is 
done.
    (2) If no cracking or only cracks that are shorter than 8 
millimeters (mm) (0.315 inch) are found on any lateral spreader, 
repeat the detailed inspection thereafter at intervals not to exceed 
550 flight hours until the replacement specified in paragraph (i) of 
this AD is done.
    (3) If all cracks found on any central spreader are shorter than 
8 mm (0.315 inch), before further flight, repair the affected 
spreader, in accordance with paragraphs 2/A through C2. of the 
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-011, Revision 3, dated June 30, 2008. Within 550 flight hours 
after doing the repair, do the detailed inspection specified in 
paragraph (g) of this AD, and repeat the inspection thereafter at 
intervals not to exceed 550 flight hours until the replacement 
specified in paragraph (i) of this AD is done.
    (4) If one or more cracks are found that are 8 mm (0.315 inch) 
or longer on any lateral or central spreader, before further flight, 
replace the affected spreader, in accordance with paragraphs 2/A 
through D2. of the Accomplishment Instructions of Sicma Aero Seat 
Service Bulletin 94-25-012, Revision 1, dated June 26, 2008.

(h) New Requirements: Repetitive Inspections, Repair, and Replacement 
for Model 9405 Series Passenger Seat Assemblies

    For Sicma Aero Seat Model 9405 series passenger seat assemblies: 
Within 6 months after the effective date of this AD, perform a 
detailed inspection for cracking of the central and lateral 
spreaders of the affected seats, in accordance with paragraph 2/A1., 
``Checking procedures of lateral and central spreaders,'' of the 
Accomplishment Instructions of Sicma

[[Page 24362]]

Aero Seat Service Bulletin 94-25-013, Issue 4, dated February 12, 
2008.
    (1) If no cracking is found on any central spreader, repeat the 
detailed inspection thereafter at intervals not to exceed 550 flight 
hours until the replacement specified in paragraph (i) of this AD is 
done.
    (2) If no cracking or only cracks that are shorter than 8 mm 
(0.315 inch) are found on any lateral spreader, repeat the detailed 
inspection thereafter at intervals not to exceed 550 flight hours 
until the replacement specified in paragraph (i) of this AD is done.
    (3) If all cracks found on any central spreader are shorter than 
8 mm (0.315 inch), before further flight, repair the affected 
spreader, in accordance with paragraphs 2/A through C2. of the 
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-011, Revision 3, dated June 30, 2008. Within 550 flight hours 
after doing the repair, do the detailed inspection specified in 
paragraph (h) of this AD, and repeat the inspection thereafter at 
intervals not to exceed 550 flight hours until the replacement 
specified in paragraph (i) of this AD is done.
    (4) If one or more cracks are found that are 8 mm (0.315 inch) 
or longer on any lateral or central spreader, before further flight, 
replace the affected spreader, in accordance with paragraphs 2/A 
through D2. of the Accomplishment Instructions of Sicma Aero Seat 
Service Bulletin 94-25-012, Revision 1, dated June 26, 2008.

(i) Optional Terminating Action

    Replacing all central and lateral spreaders on an affected seat 
assembly (modifying to ``Amendment B'' standard), in accordance with 
paragraphs 2/A through D2. of the Accomplishment Instructions of 
Sicma Aero Seat Service Bulletin 94-25-012, Revision 1, dated June 
26, 2008, terminates the inspections required by this AD for that 
seat assembly.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by this 
AD, if the actions were performed before the effective date of this 
AD using Sicma Aero Seat Service Bulletin 94-25-011, Issue 2, dated 
November 6, 2007; and Sicma Aero Seat Service Bulletin 94-25-012, 
dated September 25, 2007.

(k) Parts Installation

    As of 6 months after the effective date of this AD, no person 
may install any passenger seat assembly identified in paragraph (c) 
of this AD, on any airplane, unless it has been modified to 
``Amendment B'' standard in accordance with the Accomplishment 
Instructions of Sicma Aero Seat Service Bulletin 94-25-012, Revision 
1, dated June 26, 2008.

(l) Other FAA AD Provisions

    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; email: <a href="/cdn-cgi/l/email-protection#412b2427273324386f2d2424012720206f262e37"><span class="__cf_email__" data-cfemail="95fff0f3f3e7f0ecbbf9f0f0d5f3f4f4bbf2fae3">[email protected]</span></a>. 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.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency AD 2008-0097, dated May 20, 2008; 
and the service information identified in paragraphs (m)(1), (m)(2), 
and (m)(3) of this AD; for related information.
    (1) Sicma Aero Seat Service Bulletin 94-25-011, Revision 3, 
dated June 30, 2008.
    (2) Sicma Aero Seat Service Bulletin 94-25-012, Revision 1, 
dated June 26, 2008.
    (3) Sicma Aero Seat Service Bulletin 94-25-013, Issue 4, dated 
February 12, 2008.

(n) Contact 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; email: <a href="/cdn-cgi/l/email-protection#e18b848787938498cf8d8484a1878080cf868e97"><span class="__cf_email__" data-cfemail="ec86898a8a9e8995c2808989ac8a8d8dc28b839a">[email protected]</span></a>, for more 
information about this AD.

(o) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. If 
you accomplish the optional actions specified by this AD, you must 
use the service information specified in paragraph (o)(1)(ii) of 
this AD to perform those actions, unless the AD specifies otherwise. 
The Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51 on November 21, 2011 (76 FR 68304, November 
4, 2011):
    (i) Sicma Aero Seat Service Bulletin 94-25-011, Revision 3, 
dated June 30, 2008.
    (ii) Sicma Aero Seat Service Bulletin 94-25-012, Revision 1, 
dated June 26, 2008.
    (iii) Sicma Aero Seat Service Bulletin 94-25-013, Issue 4, dated 
February 12, 2008.
    (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; email: 
<a href="/cdn-cgi/l/email-protection#33704640475c5e5641405641455a5056401d40524073495c575a52505256415c40435250561d505c5e"><span class="__cf_email__" data-cfemail="e1a29492958e8c84939284939788828492cf928092a19b8e858880828084938e9291808284cf828e8c">[email protected]</span></a>; Internet http://www.sicma.zodiacaerospace.com.
    (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 an NARA facility, 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 April 9, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9790 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P


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