[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40660-40662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17648]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0937; Product Identifier 2017-NE-32-AD; Amendment 
39-19341; AD 2018-16-01]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Fischer GmbH Attendant 
Seats and Pilot Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
B/E Aerospace Fischer GmbH Attendant Seats NG and Pilot Seats 120/335. 
This AD requires removing and replacing the energy absorber (EA) 
assemblies on affected pilot seats and the removing and replacing 
affected attendant seats. This AD was prompted by the discovery that 
rivets with insufficient strength were used during the manufacture of 
EA assemblies installed on certain seats. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective August 31, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 31, 
2018.
    We must receive comments on this AD by October 1, 2018.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact B/E 
Aerospace Fischer GmbH, M[uuml]ller-Armack-Str. 4, D-84034 Landshut, 
Germany; phone: +49 (0) 871 93248-0; fax: +49 (0) 871 93248-22; email: 
[email protected]. You may view this service information at the 
FAA, Engine & Propeller Standards Branch, 1200 District Avenue, 
Burlington, MA, 01803. For information on the availability of this 
material at the FAA, call 781-238-7759. It is also available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0937.

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-2017-
0937; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the mandatory continuing airworthiness information 
(MCAI), the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aerospace Engineer, 
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; 
phone: 781-238-7693; fax: 781-238-7199; 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 
AD 2016-0210, dated October 24, 2016 (referred to after this as ``the 
MCAI''), to address an unsafe condition for the specified products. The 
MCAI states:

    It was discovered that rivets with insufficient strength were 
used during the manufacturing of energy absorber (EA) assemblies, 
installed on certain seats. As a consequence, these EA assemblies 
may not be fully functional during an emergency landing.
    This condition, if not corrected, could lead to injury of the 
seat occupant.
    To address this unsafe condition, B/E Aerospace Fisher issued 
Service Bulletin (SB) SB 9911-001 to provide replacement 
instructions.
    For the reason described above, this [EASA] AD requires 
replacement of the EA assemblies on the affected seats.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2017-0937.

Related Service Information Under 1 CFR Part 51

    We reviewed B/E Aerospace Fischer Alert Service Bulletin (ASB) No. 
SB 9911-001, Issue B, dated November 4, 2016. The ASB describes 
procedures for removing and replacing the EA assemblies on affected 
pilot seats and the removing and replacing affected attendant seats. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by EASA, and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified us of the unsafe 
condition described in the MCAI and service information referenced 
above. We are issuing this AD because we evaluated all the relevant 
information provided by EASA and determined the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.

AD Requirements

    This AD requires removing and replacing the EA assemblies on 
affected pilot seats and removing and replacing the affected attendant 
seats.

FAA's Justification and Determination of the Effective Date

    No domestic operators use this product. Therefore, we find good 
cause that notice and opportunity for prior public comment are 
unnecessary. In addition, for the reason stated above, we find that 
good cause exists for making this amendment effective in less than 30 
days.

[[Page 40661]]

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2017-
0937 and Product Identifier 2017-NE-32-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this final rule. We will 
consider all comments received by the closing date and may amend this 
final rule 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 final rule.

Costs of Compliance

    We estimate that this AD affects 0 pilot seats and 0 attendant 
seats installed on aircraft of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect to determine if re-work has     1 work-hour x $85 per                 $0             $85              $0
 been accomplished.                      hour = $85.
Replace EA assembly...................  2 work-hours x $85 per            20,000          20,170               0
                                         hour = $170.
Remove and replace attendant seat.....  2 work-hour x $85 per             10,000          10,170               0
                                         hour = $170.
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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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to engines, propellers, and 
associated appliances to the Manager, Engine and Propeller Standards 
Branch, Policy and Innovation Division.

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 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),
    (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.

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 airworthiness 
directive (AD):

2018-16-01 B/E Aerospace Fischer GmbH: Amendment 39-19341; Docket 
No. FAA-2017-0937; Product Identifier 2017-NE-32-AD.

(a) Effective Date

    This AD is effective August 31, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to attendant seats NG and pilot seats 120/335 
with part numbers (P/Ns) and serial numbers (S/Ns) listed in Figures 
1 and 2 to paragraph (c) of this AD. These seats are known to be 
installed on, but not limited to, Leonardo S.p.a. (formerly 
Finmeccanica, AgustaWestland, and Agusta) A109 and AW169 rotorcraft.

 Figure 1 to Paragraph (c) of This AD--P/N and S/Ns of Attendant Seat NG
------------------------------------------------------------------------
                P/N                                  S/N
------------------------------------------------------------------------
1021-A-B-10221-0WX01..............  0232 ,0237, 0252, 0253, 0254, 0255,
                                     0263, 0284, 0285, 0286, 0287, 0288,
                                     0290, 0291, 0307, 0308, 0309, 0310,
                                     0311, 0312, 0313, 0314.
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[[Page 40662]]


 Figure 2 to Paragraph (c) of This AD--P/Ns and S/Ns of Pilot Seat 120/
                                   335
------------------------------------------------------------------------
                  P/N                                  S/N
------------------------------------------------------------------------
9911-0-0-X05X11101L2...................  1524, 1525, 1531, 1534.
9911-0-0-X05X11101R2...................  1529, 1530.
9911-0-0-X05X111L1R2...................  1542, 1543.
9911-0-0-X05X111R1L2...................  1541.
------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC) Code 2510, Flight 
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by the discovery that rivets with 
insufficient strength were used during the manufacture of energy 
absorber (EA) assemblies installed on certain Attendant Seats NG and 
Pilot Seats 120/335. We are issuing this AD to prevent malfunction 
of the EA on the seat. The unsafe condition, if not addressed, could 
result in injuries to the occupants during an emergency landing.

(f) Compliance

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

(g) Required Actions

    Within 45 days after the effective date of this AD:
    (1) Review each affected attendant seat NG and pilot seat 120/
335 to determine if rework has already been performed in accordance 
with the instructions in the Actions paragraph in B/E Aerospace 
Fischer Alert Service Bulletin (ASB) No. SB 9911-001, Issue B, dated 
November 4, 2016. If rework has been performed, no further action is 
required.
    (2) Remove and replace the EA assemblies on each affected pilot 
seat in accordance with the instructions in the Actions paragraph in 
B/E Aerospace Fischer ASB No. SB 9911-001, Issue B, dated November 
4, 2016.
    (3) Remove each affected attendant seat and replace with a 
reworked seat in accordance with the instructions in the Actions 
paragraph B/E Aerospace Fischer ASB No. SB 9911-001, Issue B, dated 
November 4, 2016.

(h) Installation Prohibition

    After the effective date of this AD, do not install an affected 
seat on an aircraft unless, prior to installation, the EA assemblies 
on the seat have been replaced in accordance with B/E Aerospace 
Fischer ASB No. SB 9911-001, Issue B, dated November 4, 2016.

(i) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of 
this AD if you performed these actions using B/E Aerospace Fischer 
ASB No. SB 9911-001, Issue A, dated July 14, 2016.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (k)(1) of this AD.
    (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.

(k) Related Information

    (1) For more information about this AD, contact Dorie Resnik, 
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue, 
Burlington, MA, 01803; phone: 781-238-7693; fax: 781- 238-7199; 
email: [email protected].
    (2) Refer to European Aviation Safety Agency (EASA) AD 2016-
0210, dated October 24, 2016, for more information. You may examine 
the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2017-0937.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) B/E Aerospace Fischer Alert Service Bulletin No. SB 9911-
001, Issue B, dated November 4, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact B/E 
Aerospace Fischer GmbH, M[uuml]ller-Armack-Str. 4, D-84034 Landshut, 
Germany; phone: +49 (0) 871 93248-0; fax:+49 (0) 871 93248-22; 
email: [email protected].
    (4) You may view this service information at FAA, Engine & 
Propeller Standards Branch, 1200 District Avenue, Burlington, MA, 
01803. For information on the availability of this material at the 
FAA, call 781-238-7759.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on August 9, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-17648 Filed 8-15-18; 8:45 am]
 BILLING CODE 4910-13-P