[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Proposed Rules]
[Pages 57804-57805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19873]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / 
Proposed Rules

[[Page 57804]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22109; Directorate Identifier 2005-NE-32-AD]
RIN 2120-AA64


Airworthiness Directives; Sicma Aero Seat (Formerly Farner); 
Cabin Attendant Seat Series 150 Type FN and Series 151 Type WN

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for Sicma Aero Seat (formerly Farner) cabin attendant seat series 150 
type FN and series 151 type WN. This proposed AD would require 
installing two protection fairings over the upper seat structure to 
cover the gap between the upper and lower seats and prevent any contact 
with the bottom seat folding mechanisms. This proposed AD results from 
a child catching its fingers in the folding mechanism of the bottom of 
the attendant seat. We are proposing this AD to prevent injury 
resulting from contact with the bottom folding mechanism.

DATES: We must receive any comments on this proposed AD by December 5, 
2005.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 15 16, for 
the service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine and Propeller 
Directorate, FAA, 12 New England Executive Park, Burlington, MA 01803-
5299; telephone (781) 238-7161; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send us any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-22109; 
Directorate Identifier 2005-NE-32-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of the 
DMS Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://dms.dot.gov.

Examining the AD Docket

    You may examine the docket that contains the proposal, any comments 
received, and any final disposition in person at the DMS Docket Offices 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Office (telephone (800) 647-5227) is on the plaza 
level of the Department of Transportation Nassif Building at the street 
address stated in ADDRESSES. Comments will be available in the AD 
docket shortly after the DMS receives them.

Discussion

    The Direction Generale de L'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified us that an unsafe 
condition might exist on Sicma Aero Seat (formerly Farner) cabin 
attendant seat series 150 type FN and series 151 type WN. The DGAC 
advises that this proposed AD results from a child catching and 
injuring his fingers in the bottom seat folding mechanism. This 
proposed AD would require installing two protective fairings over the 
upper seat structure to cover the gap between the upper and lower seats 
and prevent any contact with the folding mechanisms of the bottom seat. 
Initially Farner and Sicma Aero Seat manufactured identical attendant 
seats. The affected seats have a Farner placard, but since Farner no 
longer manufacturers these seats, Sicma will install the protective 
fairings.

Relevant Service Information

    We have reviewed and approved the technical contents of Sicma Aero 
Seat Service Bulletin (SB) 150-25-036, Issue 1, dated October 2, 1999, 
and Sicma Aero Seat Service Bulletin (SB) 151-25-037, Issue 1, dated 
October 2, 1999. Those SB's describe procedures for installing two 
protective fairings on each affected cabin attendant seat and adding or 
completing a modification placard. The DGAC classified these service 
bulletins as mandatory and issued airworthiness directive 1999-004(AB), 
dated January 13, 1999, in order to ensure the airworthiness of these 
attendant seats in France.

FAA's Determination and Requirements of the Proposed AD

    These cabin attendant seats, manufactured in France, are used in

[[Page 57805]]

airplanes that are type-certificated for operation in the United States 
under the provisions of section 21.29 of the Federal Aviation 
Regulations (14 CFR 21.29) and the applicable bilateral airworthiness 
agreement. In keeping with this bilateral airworthiness agreement, the 
DGAC kept us informed of the situation described above. We have 
examined the DGAC's findings, reviewed all available information, and 
determined that AD action is necessary for products of this type design 
that are certificated for operation in the United States. For this 
reason, we are proposing this AD, which would require installing two 
protective fairings on each affected cabin attendant seat and replacing 
the existing identification placard with a new one. The proposed AD 
would require you to use the service information described previously 
to perform these actions.

Costs of Compliance

    There are about 5,584 Sicma Aero Seat (formerly Farner) cabin 
attendant seats, series 150 type FN and 151 type WN of the affected 
design installed on 698 airplanes of U.S. registry. We estimate that it 
would take about 3 work hours per airplane to perform the proposed 
actions, and that the average labor rate is $65 per work hour. Sicma 
has advised us that they will supply the modification kits at no cost. 
Based on the labor rate to install the kits, the total cost of the 
proposed AD to U.S. operators will be $138,110.

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 have 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 that the 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. Would 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. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the 
Federal Aviation Administration 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 
airworthiness directive:

Sicma Aero Seat (formerly Farner): Docket No. FAA-2005-22109; 
Directorate Identifier 2005-NE-32-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this airworthiness directive (AD) action by December 5, 
2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD is applies to Sicma Aero Seat (formerly Farner) 
cabin attendant seat series 150 type FN and 151 type WN, all part 
and serial numbers. These attendant seats are installed on, but not 
limited to, Airbus A319, A320 and A321 series airplanes.

Unsafe Condition

    (d) This proposed AD results from a child catching its fingers 
in the folding mechanism of the bottom of the attendant seat. We are 
issuing this AD to prevent injury resulting from contact with the 
bottom folding mechanism.

Compliance

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

Installing Protective Fairings

    (f) Within 90 days after the effective date of this AD, install 
two protective fairings, part number (P/N) 160100-49, on each 
affected cabin attendant seat. Use the instructions in paragraph 2 
of Sicma Aeroseat Service Bulletin 150-25-036, Issue 1, dated 
October 2, 1999, and Sicma Aeroseat Service Bulletin 151-25-037, 
Issue 1, dated October 2, 1999.
    (g) After installing the fairings, add or complete a 
modification placard, part number (P/N) 00-5179, indicating that the 
service bulletin has been completed. Use the instructions in 
paragraph 3 of Sicma Aeroseat Service Bulletin 150-25-036, Issue 1, 
dated October 2, 1999, and Sicma Aeroseat Service Bulletin 151-25-
037, Issue 1, dated October 2, 1999.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Boston Aircraft Certification Office, has the 
authority to approve alternative methods of compliance for this AD 
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) DGAC airworthiness directive 1999-004 (AB), dated January 
13, 1999, also addresses the subject of this AD.

    Issued in Burlington, Massachusetts, on September 26, 2005.
Francis A. Favara,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 05-19873 Filed 10-3-05; 8:45 am]
BILLING CODE 4910-13-P