[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68304-68306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28357]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1163; Directorate Identifier 2011-NM-022-AD; 
Amendment 39-16857; AD 2011-23-06]
RIN 2120-AA64


Airworthiness Directives; Sicma Aero Seat Passenger Seat 
Assemblies, Installed on, But Not Limited to, ATR-GIE Avions de 
Transport R[eacute]gional Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Sicma 
Aero Seat Model 9401, 9402, 9404, 9405, 9406, 9407, 9408, and 9409 
series passenger seat assemblies, installed on, but not limited to, 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 
airplanes. 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:

    Several occurrences of cracked central and lateral spreaders on 
passenger seats models 9401 and 9402 * * *.
    This condition, if not corrected, can lead to further cracking 
of the seat spreaders, causing injury to passengers or crew members 
during heavy turbulence in flight or in the event of an emergency 
landing.
* * * * *

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 21, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 21, 
2011.
    We must receive comments on this AD by December 19, 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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0097, dated May 20, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several occurrences of cracked central and lateral spreaders on 
passenger seats models 9401 and 9402 have been reported to Sicma 
Aero Seat.
    This condition, if not corrected, can lead to further cracking 
of the seat spreaders, causing injury to passengers or crew members 
during heavy turbulence in flight or in the event of an emergency 
landing.
    For the reasons stated above, this [EASA] Airworthiness 
Directive (AD) requires repetitive [detailed] inspections of the 
affected seats and, depending on findings, the repair or replacement 
of damaged spreaders with an improved design (`Amendment B' 
standard). The replacement of all spreaders (i.e. modification to 
`Amendment B' standard) terminates the repetitive inspection 
requirements.
* * * * *

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Sicma Aero Seat has issued the following service information. The 
actions described in this service information are intended to correct 
the

[[Page 68305]]

unsafe condition identified in the MCAI.
     Sicma Aero Seat Service Bulletin 94-25-011, Revision 3, 
dated June 30, 2008.
     Sicma Aero Seat Service Bulletin 94-25-012, Revision 1, 
dated June 26, 2008.
     Sicma Aero Seat Service Bulletin 94-25-013, Issue 4, dated 
February 12, 2008.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a note within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-1163; Directorate 
Identifier 2011-NM-022-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    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 AD.

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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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.

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:

2011-23-06 Sicma Aero Seat: Amendment 39-16857. Docket No. FAA-2011-
23-06; Directorate Identifier 2011-NM-022-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
21, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Sicma Aero Seat Model 9401, 9402, 9404, 
9505, 9406, 9407, 9408, and 9409 series passenger seat assemblies, 
all part numbers, except front row and aft facing seats, and those 
modified to ``Amendment B'' standard. These passenger seat 
assemblies 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.

    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 (AMOC) according to 
paragraph (k)(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.

[[Page 68306]]

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Several occurrences of cracked central and lateral spreaders on 
passenger seats models 9401 and 9402 * * *.
    This condition, if not corrected, can lead to further cracking 
of the seat spreaders, causing injury to passengers or crew members 
during heavy turbulence in flight or in the event of an emergency 
landing.
* * * * *

Compliance

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

Repetitive Inspections, Repair, and Replacement

    (g) Within 6 months after the effective date of this AD, perform 
a detailed inspection for cracking of the central and lateral 
spreaders of the affected seats, in accordance with paragraph 2/A1., 
``Checking procedures of lateral and central spreaders,'' of the 
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-013, Issue 4, dated February 12, 2008.
    (1) If no cracking is found on any central spreader, repeat the 
detailed inspection thereafter at intervals not to exceed 550 flight 
hours until the replacement specified in paragraph (h) of this AD is 
done.
    (2) If no cracking or only cracks that are shorter than 8 
millimeters (mm) (0.315 inch) are found on any lateral spreader, 
repeat the detailed inspection thereafter at intervals not to exceed 
550 flight hours until the replacement specified in paragraph (h) of 
this AD is done.
    (3) If all cracks found on any central spreader are shorter than 
8 mm (0.315 inch), before further flight, repair the affected 
spreader, in accordance with paragraphs 2/A through C2. of the 
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-011, Revision 3, dated June 30, 2008. Within 550 flight hours 
after doing the repair, do the detailed inspection specified in 
paragraph (g) of this AD, and repeat the inspection thereafter at 
intervals not to exceed 550 flight hours until the replacement 
specified in paragraph (h) of this AD is done.
    (4) If one or more cracks are found that are 8 mm (0.315 inch) 
or longer on any lateral or central spreader, before further flight, 
replace the affected spreader, in accordance with paragraphs 2/A 
through D2. of the Accomplishment Instructions of Sicma Aero Seat 
Service Bulletin 94-25-012, Revision 1, dated June 26, 2008.

Optional Terminating Action

    (h) Replacing all central and lateral spreaders on an affected 
seat assembly (modify to ``Amendment B'' standard), in accordance 
with paragraphs 2/A through D2. of the Accomplishment Instructions 
of Sicma Aero Seat Service Bulletin 94-25-012, Revision 1, dated 
June 26, 2008, terminates the inspections required by this AD for 
that seat assembly.

 Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Actions done before the effective date of this AD in 
accordance with Sicma Aero Seat Service Bulletin 94-25-011, Issue 2, 
dated November 6, 2007; and Sicma Aero Seat Service Bulletin 94-25-
012, dated September 25, 2007; are acceptable for compliance with 
the corresponding actions of this AD.

Parts Installation

    (j) As of 6 months after the effective date of this AD, no 
person may install any passenger seat assembly identified in 
paragraph (c) of this AD, on any airplane, unless it has been 
modified to ``Amendment B'' standard in accordance with the 
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-012, Revision 1, dated June 26, 2008.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (k) 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; email; [email protected]. 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

    (l) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency AD 2008-0097, dated May 20, 
2008; Sicma Aero Seat Service Bulletin 94-25-011, Revision 3, dated 
June 30, 2008; Sicma Aero Seat Service Bulletin 94-25-012, Revision 
1, dated June 26, 2008; and Sicma Aero Seat Service Bulletin 94-25-
013, Issue 4, dated February 12, 2008; for related information.
    (m) 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; email; [email protected], for more 
information about this AD.

Material Incorporated by Reference

    (n) You must use Sicma Aero Seat Service Bulletin 94-25-011, 
Revision 3, dated June 30, 2008; Sicma Aero Seat Service Bulletin 
94-25-012, Revision 1, dated June 26, 2008; and Sicma Aero Seat 
Service Bulletin 94-25-013, Issue 4, dated February 12, 2008; as 
applicable; 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; email 
Customerservices.sas @zodiacaerospace.com; Internet http://www.sicma.zodiacaerospace.com.
    (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 October 20, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-28357 Filed 11-3-11; 8:45 am]
BILLING CODE 4910-13-P