[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18020-18022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6628]


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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; 
Amendment 39-16642; AD 2011-07-05]
RIN 2120-AA64


Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 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), 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 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. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective May 6, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 6, 2011.

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 & Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 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 January 13, 2010 (75 
FR 1731). That NPRM proposed 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.

Comments

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

Request To Revise Service Bulletin Reference

    Boeing requested that we update all references to Sicma Aero Seat 
Service Bulletin 90-25-012, Issue 4, dated December 19, 2001, to Issue 
5, dated March 19, 2004, including Annex 1, Issue 2, dated March 19, 
2004. The commenter justified the request by stating that seat series 
91C3 (installed on Boeing Model 737 airplanes) was inadvertently 
included in Issue 4 of that service bulletin in error, and that Issue 5 
of that service bulletin corrects the effectivity by limiting it to 
those installed seats that are affected. The commenter also requested 
that we revise the ``Relevant Service Information'' section of the NPRM 
to refer to Issue 5 of that service bulletin.
    We agree to update the service information in the AD for the reason 
given. We have revised paragraphs (c), (f)(1) through (f)(4), and (h) 
of this AD to refer to Sicma Aero Seat Service Bulletin 90-25-012, 
Issue 5, dated March 19, 2004. We also have added Issue 4 of that 
service bulletin to paragraph (f)(5) of this AD to give credit for 
actions done before the effective date of this AD in accordance with 
Issue 4 of that service bulletin.
    We have not changed the ``Relevant Service Information'' section of 
the NPRM because that section does not appear in this final rule.

Request To Remove Series 91C3 Seat From the Applicability

    Boeing requested that we revise the Applicability, paragraph (c) of 
the NPRM, to remove seat series 91C3 for the reason stated in the 
previous comment.
    We agree to correct the Applicability of the AD because Sicma Aero 
Seat Service Bulletin 90-25-012, Issue 5, dated March 19, 2004, 
corrects the effectivity, and have removed seat series 91C3 from 
paragraph (c) of this AD.

No Reporting Requirement

    We removed paragraph (g)(3) of the NPRM from this final rule 
because reporting findings is not required.

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

[[Page 18021]]

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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 70,073 seats on 163 products 
of U.S. registry. We also estimate that it will take 1 work-hour per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts will cost about $0 per 
product. 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 $5,956,205, or $85 per product.

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

    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 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.

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

    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:

2011-07-05 Sicma Aero Seat: Amendment 39-16642. Docket No. FAA-2010-
0027; Directorate Identifier 2008-NM-204-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 6, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Sicma Aero Seats 9140, 9166, 9173, 9174, 
9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C4, 91C5, and 9301 
series passenger seat assemblies; and Sicma Aero Seats 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 2, dated 
March 19, 2004, of Sicma Aero Seat Service Bulletin 90-25-012, Issue 
5, dated March 19, 2004; 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
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           Manufacturer                            Model
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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.
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    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/N (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.

[[Page 18022]]

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 5, dated March 19, 2004.
    (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 5, dated March 19, 2004): 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 5, dated March 19, 2004.
    (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 5, dated March 19, 2004): 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 5, dated March 19, 2004.
    (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 5, dated March 19, 2004.
    (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; and Sicma Aero Seat Service Bulletin 90-25-
012, Issue 4, dated December 19, 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 after 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 
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. 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.

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 5, dated March 19, 2004; for related information.

Material Incorporated by Reference

    (i) You must use Sicma Aero Seat Service Bulletin 90-25-012, 
Issue 5, dated March 19, 2004, including Annex 1, Issue 2, dated 
March 19, 2004, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (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 39 00; 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.
    (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 March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-6628 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-13-P