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[Federal Register: January 13, 2010 (Volume 75, Number 8)]
[Proposed Rules]               
[Page 1731-1734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja10-17]                         

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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]
RIN 2120-AA64

 
Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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 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. 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 March 1, 2010.

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.

[[Page 1732]]

    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: 
customerservices@sicma.zodiac.com; 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 or 425-227-
1152.

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, MA 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-2010-0027; 
Directorate Identifier 2008-NM-204-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 proposed AD.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, has issued French 
Airworthiness Directive 2001-605(AB), dated December 12, 2001 (referred 
to after this as ``the MCAI''), 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.

Relevant Service Information

    Sicma Aero Seat has issued Service Bulletin 90-25-012, Issue 4, 
dated December 19, 2001, including Annex 1, Issue 1, dated July 9, 
2001. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect 70,073 seats on 163 products of U.S. registry. We also 
estimate that it would take 1 work-hour per seat to comply with the 
basic requirements of this proposed AD. The average labor rate is $80 
per work-hour. Required parts would cost about $0 per seat. 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 $5,605,840, or $80 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 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

[[Page 1733]]

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-2010-0027; Directorate Identifier 
2008-NM-204-AD.

Comments Due Date

    (a) We must receive comments by March 1, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Sicma Aero Seat 9140, 9166, 9173, 9174, 
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 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; identified in Annex 1, Issue 1, dated 
July 9, 2001, of Sicma Aero Seat Service Bulletin 90-25-012, Issue 
4, dated December 19, 2001; 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
------------------------------------------------------------------------
              Manufacturer                            Model
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


    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/Ns (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. 
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 4, dated December 19, 
2001:
    (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 4, dated December 19, 2001): 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 4, dated December 
19, 2001.
    (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 4, dated December 19, 2001): 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 4, dated December 19, 
2001.
    (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 4, dated December 19, 
2001.
    (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, 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 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

[[Page 1734]]

approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information 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 on any airplane to which the AMOC applies, notify 
your principal maintenance inspector (PMI) or principal avionics 
inspector (PAI), as appropriate, or lacking a principal inspector, 
your local Flight Standards District Office.
    (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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

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 4, dated December 19, 2001, including Annex 1, Issue 1, 
dated July 9, 2001, for related information.

    Issued in Renton, Washington, on January 5, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-484 Filed 1-12-10; 8:45 am]
BILLING CODE 4910-13-P
```