[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23212-23214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5595; Directorate Identifier 2015-NM-087-AD]
RIN 2120-AA64


Airworthiness Directives; Zodiac Seats California LLC Seating 
Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Zodiac Seats California LLC seating systems. This proposed AD 
was prompted by a determination that the affected seating systems may 
cause serious injury to the occupant during forward impacts when 
subjected to certain inertia forces. This proposed AD would require 
removing affected seating systems. We are proposing this AD to prevent 
serious injury to the occupant during forward impacts in emergency 
landing conditions.

DATES: We must receive comments on this proposed AD by June 6, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above 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 by searching for and locating Docket No. FAA-2016-
5595; or in person at the Docket Management Facility 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 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Patrick Farina, Aerospace Engineer, 
Cabin Safety Branch, ANM-150L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5344; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-5595; 
Directorate Identifier 2015-NM-087-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 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 proposed AD.

Discussion

    We determined that occupants of certain Zodiac Seats California LLC 
seating systems having model numbers 4157, 4170, and 4184, may 
experience serious injury during forward impacts when subjected to 
inertia forces as defined by 14 CFR 25.561 and 14 CFR 25.562 (and thus 
are noncompliant with 14 CFR 25.785). The affected seating systems are 
installed on, but not limited to, various transport category airplanes.
    The impact of the head onto a typical transport passenger seat back 
during seat qualification testing normally results in an initial 
contact followed by an unimpeded sliding motion down the back of the 
seat. That type of interaction does not typically result in excessive 
neck loading or direct concentrated loading on the neck. The design of 
the affected seating systems introduce new injury mechanisms such that 
the chin can catch on the seat, causing high neck bending loads and 
direct concentrated loading on the neck. This interaction between the 
head and the seat during forward impacts can result in serious injury 
to the occupant.
    14 CFR 25.785 states that seat designs cannot cause a serious 
injury to the occupant when making proper use of the seat and restraint 
and subjected to the inertia forces specified in 14 CFR

[[Page 23213]]

25.561 and 14 CFR 25.562. Specifically, 14 CFR 25.785(b) states:

    Each seat, berth, safety belt, harness, and adjacent part of the 
airplane at each station designated as occupiable during takeoff and 
landing must be designed so that a person making proper use of these 
facilities will not suffer serious injury in an emergency landing as 
a result of the inertia forces specified in sections 25.561 and 
25.562.

    Use of the affected seating systems could result in serious injury 
to the occupant during forward impacts in emergency landing conditions.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    This proposed AD would require removing affected seating systems.

Costs of Compliance

    We estimate that this proposed AD affects 10,482 seating systems 
installed on but not limited to various transport category airplanes of 
U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Removal.............................  1 work-hour x $85 per                $0              $85         $890,970
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

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 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),
    (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.

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

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 airworthiness 
directive (AD):

Zodiac Seats California LLC: Docket No. FAA-2016-5595; Directorate 
Identifier 2015-NM-087-AD.

(a) Comments Due Date

    We must receive comments by June 6, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Zodiac Seats California LLC seating systems, 
having model numbers and part numbers identified in table 1 to 
paragraphs (c), (g), (i), (j) and (k) of this AD, installed on, but 
not limited to, the airplanes identified in paragraphs (c)(1) 
through (c)(9) of this AD, all type certificated models in any 
category.
    (1)The Boeing Company Model 717-200 airplanes.
    (2) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes.
    (3) Bombardier, Inc. Model CL-600-2D24 (Regional Jet Series 900) 
airplanes.
    (4) Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes.
    (5) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-
145XR airplanes.
    (6) Embraer S.A. Model ERJ 170-100 LR airplanes.
    (7) Embraer S.A. Model ERJ 170-200 LR, and -200 STD airplanes.
    (8) Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW 
airplanes.
    (9) Embraer S.A. Model ERJ 190-200 LR airplanes.

  Table 1 to Paragraphs (c), (g), (i), (j) and (k) of This AD--Affected
                             Seating Systems
------------------------------------------------------------------------
        Model No.             Part No.              Description
------------------------------------------------------------------------
4157.....................   4157( )-( )-(  Double Seat Assembly System.
                                        )
4157.....................   4158( )-( )-(  Double Seat Assembly System.
                                        )
4157.....................   4175( )-( )-(  Double Seat Assembly System.
                                        )
4157.....................   4176( )-( )-(  Double Seat Assembly System.
                                        )
4157.....................   4177( )-( )-(  Double Seat Assembly System.
                                        )
4157.....................   4178( )-( )-(  Double Seat Assembly System.
                                        )
4170.....................     4170( )-( )  Triple Seat Assembly System.
4170.....................     4169( )-( )  Double Seat Assembly System.
4170.....................     4171( )-( )  Single Seat Assembly System
                                            Exit Row.
4170.....................     4172( )-( )  Double Seat Assembly System
                                            Exit Row.
4184.....................   4184( )-( )-(  Double Seat Assembly System.
                                        )
------------------------------------------------------------------------

(d) Subject

    Air Transport Association (ATA) of America Code 2520, Passenger 
Compartment Equipment.

[[Page 23214]]

(e) Unsafe Condition

    This proposed AD was prompted by a determination that the 
affected seating systems may cause serious injury to the occupant 
during forward impacts when subjected to certain inertia forces. We 
are issuing this AD to prevent serious injury to the occupant during 
forward impacts in emergency landing conditions.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Seating System Removal

    Within 60 months after the effective date of this AD, remove all 
seating systems having a model number and part number identified in 
table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD.

(h) Definition of a Direct Spare

    For the purposes of this AD, a ``direct'' spare has the same 
part number as the part it replaces.

(i) Parts Installation Limitations: Seating Systems

    As of the effective date of this AD, no person may install on 
any airplane any Zodiac Seats California LLC seating systems having 
any model number and part number identified in table 1 to paragraphs 
(c), (g), (i), (j), and (k) of this AD that are approved under TSO-
C127a; except as specified in paragraphs (i)(1) and (i)(2) of this 
AD.
    (1) Seating systems may be removed from service for the purpose 
of performing maintenance activities and reinstalled on airplanes 
operated by the same operator but only until the operator complies 
with the removal of affected seating systems required by paragraph 
(g) of this AD.
    (2) New seating systems may be installed as direct spares for 
the same part number seating systems but only until the operator 
complies with the removal of affected seating systems required by 
paragraph (g) of this AD. Seating systems installed as direct spares 
are subject to the applicable requirements and compliance times 
specified in this AD.

(j) Parts Installation Provisions: Installation and Rearrangement

    Installation of a seating system having any model number and 
part number identified in table 1 to paragraphs (c), (g), (i), (j), 
and (k) of this AD, other than those installed as direct spares, is 
considered a new installation that needs approval; except re-
arrangement of the existing installed seating systems on an airplane 
is acceptable until the operator complies with the removal of 
affected seating systems required by paragraph (g) of this AD, 
provided the re-arrangement follows the same installation 
instructions and limitations as the original certification (e.g., if 
the original limitations allowed 32'' to 34'' pitch, the new layout 
must be pitched within that range).

(k) Parts Installation Prohibition: Components of Seating Systems

    As of the effective date of this AD, no person may install on 
any airplane any component of any seating system having any model 
number identified in table 1 to paragraphs (c), (g), (i), (j), and 
(k) of this AD that is approved under TSO-C127a; except as specified 
in paragraphs (k)(1), (k)(2), and (k)(3) of this AD.
    (1) Components of seating systems specified in paragraph (g) of 
this AD may be removed from service and re-installed on airplanes 
operated by the same operator but only until the operator complies 
with the removal of affected seating systems required by paragraph 
(g) of this AD.
    (2) New components of seating systems may be installed as direct 
spares for the same part number components but only until the 
operator complies with the removal of affected seating systems 
required by paragraph (g) of this AD.
    (3) Components of seating systems specified in paragraph (g) of 
this AD that are installed as direct spares are subject to the 
applicable requirements and compliance times specified in paragraph 
(g) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), 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 manager of the ACO, send it to the 
attention of the person identified in paragraph (m) of this AD. 
Information may be emailed to: [email protected].
    (2) 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.

(m) Related Information

    For more information about this AD, contact Patrick Farina, 
Aerospace Engineer, Cabin Safety Branch, ANM-150L, FAA, Los Angeles 
Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5344; fax: 562-627-5210; 
email: [email protected].

    Issued in Renton, Washington, on April 11, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09004 Filed 4-19-16; 8:45 am]
 BILLING CODE 4910-13-P