[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Pages 3144-3147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-701]



[[Page 3144]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27346; Directorate Identifier 2008-NM-205-AD; 
Amendment 39-16176; AD 2010-02-06]
RIN 2120-AA64


Airworthiness Directives; Sicma Aero Seat 90xx and 92xx Series 
Passenger Seats, Installed on, But Not Limited to ATR--GIE Avions de 
Transport R[eacute]gional Model ATR42 Airplanes and Model ATR72 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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 in central spreaders P/N [part number] 
92-000100-200-1 or P/N 92-000101-200-1. This may heavily affect the 
structural integrity of the seat.

Failure of the central spreaders could result in injury to an occupant 
during emergency conditions. We are issuing this AD to require actions 
to correct the unsafe condition on these products.

DATES: This AD becomes effective February 24, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 24, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 6, 2007 (72 FR 
17045). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Cracks have been found in central spreaders P/N [part number] 
92-000100-200-1 or P/N 92-000101-200-1. This may heavily affect the 
structural integrity of the seat.

Failure of the central spreaders could result in injury to an occupant 
during emergency conditions. The required actions include repetitive 
visual inspections for cracking of central spreaders; replacement with 
new central spreaders if cracking is found; and eventual installation 
of doublers. You may obtain further information by examining the MCAI 
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Change Costs of Compliance Section

    Sicma Aero Seat (Sicma) states that the Costs of Compliance section 
of the NPRM reflects that many of the seats were addressed due to the 
MCAI issued in 2002 (reference Direction G[eacute]n[eacute]rale de 
l'Aviation Civile Airworthiness Directive 2002-504 (AB), effective 
October 12, 2002). Sicma also states that there were a low number of 
ATR Model ATR42 and ATR72 airplanes with Sicma seats operating in the 
United States at that time. Sicma notes that the NPRM gives an 
incorrect impression of the extent of the issue. In addition, Airbus 
states that it is surprised by the figures in the Costs of Compliance 
section of the NPRM. Airbus notes that the quantity of seats specified 
in the NPRM represent 10 airplanes and that Sicma provided 1,029 kits 
for doing Sicma Aero Seat Service Bulletin 92-25-005, Issue 3, dated 
January 17, 2003 (an equivalent of eight airplanes).
    We infer that the commenters request we change the Costs of 
Compliance section. We agree to change the Costs of Compliance section 
of this AD. We reevaluated the number of seats in the U.S. fleet that 
may be affected and reduced our initial estimate of 3,283 seat 
assemblies specified in the NPRM to 1,403 seat assemblies. We have 
modified the Costs of Compliance section in this AD accordingly to 
accurately represent the current number of affected airplanes on the 
U.S. registry.

Request To Include Previous Issues of Service Bulletins as Alternative 
Methods of Compliance

    Airbus requests that we include previous versions of Sicma Aero 
Seat Service Bulletin 92-25-005, Issue 3, dated January 17, 2003, as 
alternative methods of compliance to this AD. Airbus notes that the 
changes to the original issue of Sicma Aero Seat Service Bulletin 92-
25-005, dated July 17, 2002, have been to add an appendix that lists 
part numbers, add the estimated time for installation of the kit, and 
add details of the installation of the kit for each of the types of the 
kits.
    We partially agree. In addition to the changes described by the 
commenter, Issue 1 of Sicma Aero Seat Service Bulletin 92-25-005, dated 
August 29, 2002, made changes to the description of the appropriate 
actions in Part One of the Accomplishment Instructions of the service 
bulletin. The findings and corresponding corrective actions specified 
in Sicma Aero Seat Service Bulletins 92-25-005, dated July 17, 2002, 
are different than those described in Issue 1 and subsequent issues of 
the service bulletin. Therefore, only Issue 1 and Issue 2 are 
acceptable additional methods of compliance for the actions required by 
this AD. We have added paragraph (f)(3) of this AD to give credit for 
actions done in accordance with Sicma Aero Seat Service Bulletins 92-
25-005, Issue 1, dated August 29, 2002; and Issue 2, dated October 29, 
2002.

Request To Clarify the Applicability

    Airbus also requests that we clarify the applicability of the NPRM. 
Airbus notes that the seats listed in the appendix (annex) of Sicma 
Aero Seat Service Bulletin 92-25-005, Issue 3, dated January 17, 2003, 
concern ATR Model ATR42 and ATR72 airplanes and not Airbus airplanes.
    We agree to clarify the applicability. The applicability of the 
NPRM specified 90xx and 92xx series passenger seats but did not limit 
the seats to those specified in Sicma Aero Seat Service Bulletin 92-25-
005, Issue 3, dated January 17, 2003. We have limited the applicability 
of this AD by specifying 90xx and 92xx series seat part numbers as 
listed in Sicma Aero Seat Service Bulletin 92-25-005, Issue 3, dated 
January 17, 2003, including Annex 1, dated July 17, 2002.
    We have also revised this AD to identify the correct legal name of 
the manufacturer of Model ATR42 and ATR72 airplanes as published in the 
most recent type certificate data sheet for the affected airplane 
models.

[[Page 3145]]

Compliance Time Change

    We have replaced the compliance time ``before March 31, 2010'' for 
the installation specified in paragraph (e)(3) of the NPRM with 
``Within 24 months after the effective date of this AD'' in paragraph 
(f)(2) of this AD (which corresponds to paragraph (e)(3) of the NPRM). 
We have also revised Note 2 of this AD to refer to the new compliance 
time. In developing an appropriate compliance time, we considered the 
safety implications and the normal maintenance schedules for timely 
accomplishment of the installation. We have determined that extending 
the compliance time will not adversely affect safety.

Clarification of Terminating Action

    We have revised the sentence requiring repetitive inspections in 
paragraph (f)(1) of this AD by adding the phrase ``until a new central 
spreader, P/N 92-000100-200-1 or P/N 92-000101-200-1, and doublers, P/N 
00-6536, are installed in accordance with `Part Three: Central Spreader 
Replacement' of the service bulletin.'' Installation of the central 
spreader and doublers terminates the repetitive inspections. We have 
also revised the wording in paragraph (f)(2) of this AD to clarify the 
terminating action.

Change to Directorate Identifier Number

    The Engine and Propeller Directorate issued the NPRM for this AD 
and assigned Directorate Identifier 2007-NE-07-AD to the NPRM. Because 
the final rule is being issued by the Transport Airplane Directorate, 
we have re-assigned Directorate Identifier 2008-NM-205-AD to this AD 
and revised the directorate identifier references in the AD 
accordingly.

New Subject Paragraph and Note

    We have added the Air Transport Association (ATA) of America Code 
identifying the subject of this AD to new paragraph (d) of this AD and 
revised the subsequent paragraph identifiers accordingly. We have also 
added Note 1 to this AD to clarify that when certain conditions exist, 
it is necessary to request approval of an alternative method of 
compliance.

Revision to Reason, FAA Difference, and Other FAA AD Provisions 
Paragraphs

    To match the template specified in FAA Order 8040.5, we have added 
the phrase ``The mandatory continuing airworthiness information (MCAI) 
states'' before the quoted material in paragraph (e) of this AD, 
removed paragraph (f) of the NPRM, and added Note 2 to this AD. Note 2 
of this AD includes the same information as paragraph (f) of the NPRM. 
We have also added paragraphs (g)(2) and (g)(3) to this AD.

Changes to Other Paragraphs in the NPRM

    We have moved the text specified in paragraph (e)(2) of the NPRM 
into paragraph (f)(1) of this AD, and we have reidentified paragraph 
(e)(3) of the NPRM as paragraph (f)(2) of this AD. We have also made 
minor editorial changes to paragraphs (f)(1), (f)(1)(i), (f)(1)(ii), 
and (f)(1)(iii) of this AD.

Changes to Service Bulletin References

    We have revised the service bulletin references in paragraphs 
(f)(1), (f)(1)(i), (f)(1)(ii), (f)(1)(iii), and (f)(2) of this AD to 
specify where each action is described in the relevant service 
bulletin.

Clarification of Compliance Time

    We have added the phrase ``before further flight'' to paragraph 
(f)(1)(iii) of this AD to clarify the compliance time for doing the 
temporary repair and for doing the installation after removing the 
temporary repair.
    We have also added the phrase ``after accomplishing the 
inspection'' to paragraph (f)(1)(i) of this AD to clarify the 
compliance time for doing the check specified in paragraph (f)(1)(i) of 
this AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the 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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 1,403 seat assemblies on 105 
airplanes of U.S. registry. We also estimate that it will take about 6 
work-hours per seat assembly to comply with the basic requirements of 
this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $207 per seat assembly. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these parts. 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 this AD to the U.S. operators to be $963,861, or $687 per 
seat assembly.

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 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); 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.

[[Page 3146]]

    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 adding the following new AD:

2010-02-06 Sicma Aero Seat: Amendment 39-16176. Docket No. FAA-2007-
27346; Directorate Identifier 2008-NM-205-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Sicma Aero Seat 90xx and 92xx series 
passenger seats with part numbers (P/Ns) listed in Annex 1, dated 
July 17, 2002, of Sicma Aero Seat Service Bulletin 92-25-005, Issue 
3, dated January 17, 2003. These products 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; certificated in 
any category.

    Note 1:  This AD applies to certain Sicma Aero Seat passenger 
seats 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) 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 in central spreaders P/N 92-000100-200-1 
or P/N 92-000101-200-1. This may heavily affect the structural 
integrity of the seat.
    Failure of the central spreaders could result in injury to an 
occupant during emergency conditions.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 500 flight hours after the effective date of this AD, 
perform a visual inspection of central spreaders, P/N 92-000100-200-
1 and P/N 92-000101-200-1, of the affected seats using the 
Accomplishment Instructions, ``Part One: Checking Procedure,'' of 
Sicma Aero Seat Service Bulletin 92-25-005, Issue 3, dated January 
17, 2003 (``the service bulletin''). If no crack is found, repeat 
this inspection at intervals not exceeding 500 flight hours until a 
new central spreader, P/N 92-000100-200-1 or P/N 92-000101-200-1, 
and doublers, P/N 00-6536, are installed in accordance with ``Part 
Three: Central Spreader Replacement'' of the service bulletin. Type 
1, 2, and 3 cracks are defined in the Accomplishment Instructions, 
``Part One: Checking Procedure,'' of the service bulletin.
    (i) If a type 1 crack is found, within 6 months or 500 flight 
hours after accomplishing the inspection, whichever comes first, 
check the crack to determine that it did not enlarge to a type 2 or 
type 3 crack by using the Accomplishment Instructions, ``Part One: 
Checking Procedure,'' of the service bulletin; install doublers, P/N 
00-6536, by using the Accomplishment Instructions, ``Part Two: 
Central Spreader Modification,'' of the service bulletin, and record 
this modification by using ``B--Seat identification'' of the 
Accomplishment Instructions, ``Part One: Checking Procedure,'' of 
the service bulletin.
    (ii) If a type 2 or 3 crack is found, before further flight, 
replace the affected central spreader with a new one with the same 
part number, equipped with doublers, P/N 00-6536, by using the 
Accomplishment Instructions, ``Part Three: Central Spreader 
Replacement,'' of the service bulletin.
    (iii) If a new spreader is unavailable, before further flight, 
do a temporary repair by installing doublers, P/N 00-6536, by using 
the Accomplishment Instructions, ``Part Two: Central Spreader 
Modification,'' of the service bulletin. This temporary repair may 
remain in place no longer than 500 flight hours or six months, 
whichever comes first. After removing the temporary repair, before 
further flight, install a new spreader with the same P/N equipped 
with doublers, P/N 00-6536, by using the Accomplishment 
Instructions, ``Part Three: Central Spreader Replacement,'' of the 
service bulletin, and record this modification by following the 
instructions in ``B--Seat identification'' of the Accomplishment 
Instructions, ``Part Three: Central Spreader Replacement,'' of the 
service bulletin.
    (2) If not already done, within 24 months after the effective 
date of this AD, install doublers, P/N 00-6536, on new central 
spreaders of affected seats by using the Accomplishment 
Instructions, ``Part Three: Central Spreader Replacement,'' of Sicma 
Aero Seat Service Bulletin 92-25-005, Issue 3, dated January 17, 
2003 (``the service bulletin''). Record this modification by 
following instructions in ``B--Seat identification'' of the 
Accomplishment Instructions, ``Part Three: Central Spreader 
Replacement,'' of the service bulletin. Installing a new central 
spreader P/N 92-000100-200-1 or 92-000101-200-1, and doublers, P/N 
00-6536 on all affected seats terminates the requirements of this 
AD.
    (3) Actions accomplished before the effective date of this AD in 
accordance with Sicma Aero Seat Service Bulletin 92-25-005, Issue 1, 
dated August 29, 2002; and Issue 2, dated October 29, 2002; are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: The Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) airworthiness directive 2002-504(AB), 
effective October 12, 2002, specifies that doublers, P/N 00-6536, be 
installed on central spreaders of affected seats by December 31, 
2005. This AD requires the doublers to be installed within 24 months 
after the effective date of this AD.

Other FAA AD Provisions

    (h) 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. Send information 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 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. 
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

[[Page 3147]]

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 DGAC Airworthiness Directive 2002-504(AB), 
effective October 12, 2002; and Sicma Aero Seat Service Bulletin 92-
25-005, Issue 3, dated January 17, 2003, including Annex 1, dated 
July 17, 2002; for related information.
    (i) Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft 
Certification Office, FAA, Engine and Propeller Directorate; 12 New 
England Executive Park, Burlington, MA 01803; telephone 781-238-
7161; fax 781-238-7170, for more information about this AD.

Material Incorporated by Reference

    (j) You must use Sicma Aero Seat Service Bulletin 92-25-005, 
Issue 3, dated January 17, 2003, including Annex 1, dated July 17, 
2002, to do the actions required by this AD, unless the AD specifies 
otherwise. The Sicma Aero Seat service bulletin contains the 
following effective pages:

------------------------------------------------------------------------
                     Issue level shown on
     Page No.                page                Date shown on page
------------------------------------------------------------------------
1-30..............  3....................  January 17, 2003.
------------------------------------------------------------------------
                                ;ANNEX 1
------------------------------------------------------------------------
;1-3..............  Original.............  July 17, 2002.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (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 15 16; e-mail: 
[email protected]; Internet http://www.sicma.zodiac.com/en/.
    (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 or 425-227-1152.
    (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 NARA, 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 January 8, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-701 Filed 1-19-10; 8:45 am]
BILLING CODE 4910-13-P