[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Proposed Rules]
[Pages 22830-22833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9942]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0040; Directorate Identifier 2008-NM-203-AD]
RIN 2120-AA64


Airworthiness Directives; Sicma Aero Seat 88xx, 89xx, 90xx, 91xx, 
92xx, 93xx, 95xx, and 96xx Series Passenger Seat Assemblies, Installed 
on Various Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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 seats [with] 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 June 9, 2011.

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.
    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: 
[email protected]; 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.

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, Massachusetts 
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-2010-0040; 
Directorate Identifier 2008-NM-203-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 will post all comments we receive, without change, to http://

[[Page 22831]]

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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
January 19, 2010 (75 FR 2826). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
specified above.
    Since that NPRM was issued, we have determined that the series 91C3 
seat was not included in that NPRM because it was originally included 
in the wrong service bulletin. Sicma Aero Seat issued revised service 
information that includes that seat model with the other seat models 
affected by that NPRM, as discussed in the comment responses that 
follow. You may obtain further information by examining the MCAI in the 
AD docket.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Request To Revise Service Bulletin Reference

    Boeing requested that we update all references to Sicma Aero Seat 
Service Bulletin 90-25-013, Issue 3, dated December 19, 2001, to Issue 
4, dated March 19, 2004, including Annex 1, Issue 2, dated March 19, 
2004. The commenter justified the request by stating that seat model 
91C3 (installed on Boeing Model 737 airplanes) was inadvertently 
excluded in Issue 3 of that service bulletin, and that Issue 4 of that 
service bulletin corrects the applicability to those seats installed 
that are affected. The commenter also requested that we revise the 
``Relevant Service Information'' section of the NPRM to refer to Issue 
4 of that service bulletin.
    We agree to update the service information in the supplemental NPRM 
for the reason given. We have revised paragraphs (c), (f)(1) through 
(f)(3), (f)(5), and (h) of this supplemental NPRM to refer to Sicma 
Aero Seat Service Bulletin 90-25-013, Issue 4, dated March 19, 2004, 
including Annex 1, Issue 2, dated March 19, 2004. We also have added 
new paragraph (f)(6) to this supplemental NPRM to give credit for 
actions done according to Issue 3 of that service bulletin. We also 
have removed the specific reference to series 91C3 seats, in paragraph 
(c) of this supplemental NPRM, from the list of those series to which 
this supplemental NPRM does not apply, because this AD, as now 
proposed, does apply to series 91C3 seats. We have not changed the 
``Relevant Service Information'' section of the NPRM because that 
section does not appear in this supplemental NPRM.

Request To Remove Boeing Model 777 Airplanes From Applicability Table 1

    Boeing requested that we revise table 1 of the NPRM to remove Model 
777 airplanes, because those airplanes, due to their certification, do 
not have the affected seat series installed.
    We agree to revise table 1 of the supplemental NPRM, for the reason 
given.

Request To Identify Affected Seats by Main Component Number

    Vallejo Investments, Inc. requested that we specify the affected 
seats by their main component part number rather than the part number 
of the subassembly. The commenter stated that it could better 
participate in the rule-making process with this information.
    We do not agree to provide the main component part numbers for the 
affected seats, because the seat assembly part numbers as listed are 
consistent with the Technical Standard Order (TSO) part number labels 
attached to each seat. We have not changed the supplemental NPRM in 
this regard.

Explanation of Changes Made to This Proposed AD

    We have revised this supplemental NPRM to identify the legal name 
of the manufacturer as published in the most recent type certificate 
data sheet for the affected airplane models.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed 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 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.

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

    Based on the service information, we estimate that this proposed AD 
would affect about 611 seats on 4 products of U.S. registry. We also 
estimate that it would take about 1 work-hour per product to comply 
with the basic requirements of this proposed AD. The average labor rate 
is $85 per work-hour. Required parts would 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 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 $51,935, or $85 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

[[Page 22832]]

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 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-2010-0040; Directorate Identifier 
2008-NM-203-AD.

Comments Due Date

    (a) We must receive comments by June 9, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Sicma Aero Seat 88xx, 89xx, 90xx, 91xx, 
92xx, 93xx, 95xx, and 96xx series passenger seat assemblies 
identified in Annex 1, Issue 2, dated March 19, 2004, of Sicma Aero 
Seat Service Bulletin 90-25-013, Issue 4, dated March 19, 2004, that 
have backrest links having 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. This AD does not apply to Sicma Aero Seat series 9140, 
9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C4, 
91C5, 9301, and 9501 passenger seat assemblies.

                Table 1-Certain Affected Airplane Models
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           Manufacturer                             Model
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Airbus............................  A300 Airplanes.
Airbus............................  A310, A318, A319, A320, A321, A330-
                                     200 and A330-300 Series Airplanes.
ATR-GIE Avions de Transport         ATR42-200, -300, -320, and -500
 R[eacute]gional.                    Airplanes.
ATR-GIE Avions de Transport         ATR72-101, -201, -102, -202, -211, -
 R[eacute]gional.                    212, and -212A Airplanes.
The Boeing Company................  727, 727C, 727-100, 727-100C, 727-
                                     200, and 727-200F Series Airplanes.
The Boeing Company................  737-100, -200, -200C, -300, -400, -
                                     500, -600, -700, -700C, -800, -900,
                                     and -900ER Series Airplanes.
The Boeing Company................  747-100, 747-100B, 747-100B SUD, 747-
                                     200B, 747-200C, 747-200F, 747-300,
                                     747-400, 747-400D, 747-400F, 747SR,
                                     and 747SP Series Airplanes.
The Boeing Company................  757-200, -200PF, -200CB, and -300
                                     Series Airplanes.
The Boeing Company................  767-200, -300, -300F, and -400ER
                                     Series Airplanes.
Bombardier, Inc...................  CL-600-1A11 (CL-600), CL-600-2A12
                                     (CL-601), and CL-600-2B16 (CL-601-
                                     3A, CL-601-3R, and CL-604)
                                     Airplanes.
Bombardier, Inc...................  CL-600-2B19 (Regional Jet Series 100
                                     and 440) Airplanes.
Bombardier, Inc...................  CL-600-2C10 (Regional Jet Series
                                     700, 701, and 702) Airplanes.
Bombardier, Inc...................  CL-600-2D15 (Regional Jet Series
                                     705) Airplanes.
Bombardier, Inc...................  CL-600-2D24 (Regional Jet Series
                                     900) Airplanes.
Bombardier, Inc...................  DHC-8-100, DHC-8-200, DHC-8-300, and
                                     DHC-8-400 Airplanes.
Fokker Services B.V...............  F.27 Mark 050, 100, 200, 300, 400,
                                     500, 600, and 700 Airplanes.
Fokker Services B.V...............  F.28 Mark 0070, 0100, 1000, 2000,
                                     3000, and 4000 Airplanes.
The Boeing Company................  DC-8-11, DC-8-12, DC-8-21, DC-8-31,
                                     DC-8-32, DC-8-33, DC-8-41, DC-8-42,
                                     DC-8-43, DC-8-51, DC-8-52, DC-8-53,
                                     DC-8-55, DC-8F-54, DC-8F-55, DC-8-
                                     61, DC-8-62, DC-8-63, DC-8-61F, DC-
                                     8-62F, DC-8-63F, DC-8-71, DC-8-72,
                                     DC-8-73, DC-8-71F, DC-8-72F, and DC-
                                     8-73F Airplanes.
The Boeing Company................  DC-9-11, DC-9-12, DC-9-13, DC-9-14,
                                     DC-9-15, DC-9-15F, DC-9-21, DC-9-
                                     31, DC-9-32, DC-9-32 (VC-9C), DC-9-
                                     32F, DC-9-33F, DC-9-34, DC-9-34F,
                                     DC-9-32F (C-9A, C-9B), DC-9-41, DC-
                                     9-51, DC-9-81 (MD-81), DC-9-82 (MD-
                                     82), DC-9-83 (MD-83), and DC-9-87
                                     (MD-87) Airplanes.
The Boeing Company................  DC-10-10, DC-10-10F, DC-10-15, DC-10-
                                     30, DC-10-30F (KC-10A and KDC-10),
                                     DC-10-40, and DC-10-40F Airplanes.
The Boeing Company................  MD-11 and MD-11F 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.


[[Page 22833]]



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 seats [with] 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 required actions include a 
general visual inspection for cracking of the backrest links; 
replacement with new, improved links if cracking is found; and 
eventual replacement of all links with new, improved links.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the later of the compliance times specified in paragraphs 
(f)(1)(i) and (f)(1)(ii) of this AD, do a general visual inspection 
of the backrest links having P/Ns 90-000200-104-1 and 90-000200-104-
2, in accordance with Part One of Sicma Aero Seat Service Bulletin 
90-25-013, Issue 4, 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-
25-013, Issue 4, 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, improved backrest 
links having P/Ns 90-100200-104-1 and 90-100200-104-2, in accordance 
with Part Two of Sicma Aero Seat Service Bulletin 90-25-013, Issue 
4, 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 90-25-013, 
Issue 4, dated March 19, 2004): Before further flight, replace both 
backrest links of the affected seat with new, improved backrest 
links having P/Ns 90-100200-104-1 and 90-100200-104-2, in accordance 
with Part Two of Sicma Aero Seat Service Bulletin 90-25-013, Issue 
4, dated March 19, 2004.
    (4) If no cracking is found during the inspection required by 
paragraph (f)(1) of this AD: Do the replacement required by 
paragraph (f)(5) of this AD at the compliance time specified in 
paragraph (f)(5) of this AD.
    (5) At the later of the compliance times specified in paragraphs 
(f)(5)(i) and (f)(5)(ii) of this AD, replace the links, P/Ns 90-
000200-104-1 and 90-000200-104-2, with new improved links, P/Ns 90-
100200-104-1 and 90-100200-104-2, in accordance with Part Two of 
Sicma Aero Seat Service Bulletin 90-25-013, Issue 4, dated March 19, 
2004. Doing this replacement for an affected passenger seat assembly 
terminates the inspection requirements of paragraph (f)(1) of this 
AD for that passenger seat assembly.
    (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.

Credit for Actions Done in Accordance With Previous Service Information

    (6) Actions done before the effective date of this AD in 
accordance with Sicma Aero Seat Service Bulletin 90-25-013, Issue 3, 
dated December 19, 2001, including Annex 1, Issue 2, dated March 19, 
2004, 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 compliance time 
for replacing those links. This AD requires replacing 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 
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, Massachusetts 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 2001-613(AB), 
dated December 12, 2001; and Sicma Aero Seat Service Bulletin 90-25-
013, Issue 4, dated March 19, 2004, including Annex 1, Issue 2, 
dated March 19, 2004; for related information.

    Issued in Renton, Washington, on April 18, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-9942 Filed 4-22-11; 8:45 am]
BILLING CODE 4910-13-P