[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19709-19712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09184]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1019; Product Identifier 2018-NE-05-AD; Amendment 
39-19622; AD 2019-08-01]
RIN 2120-AA64


Airworthiness Directives; RECARO Aircraft Seating GmbH & Co. KG

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 
RECARO Aircraft Seating GmbH & Co. KG (RECARO) Model 3510A and 3510D 
passenger seats. This AD requires modification and re-identification of 
all affected RECARO model passenger seats. This AD was prompted by an 
analysis that the affected RECARO model passenger seats contain a seat 
pan assembly design that can trap a person using the seat to assist 
during an emergency evacuation. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 21, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 21, 2019.
    We must receive comments on this AD by June 20, 2019.

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 
RECARO Aircraft Seating GmbH & Co. KG, Daimlerstrasse 21, 74523 
Schwabisch Hall, Germany; phone: 49 791 503 7855; fax: 49 791 503 7935; 
email: as.com">technical.support@recaro-as.com. 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-2018-1019.

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-2018-
1019; 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 Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD 2017-0192, dated September 28, 2017 (referred to after 
this as ``the MCAI''), to address an unsafe condition for the specified 
products. The MCAI states:

    Analyses and test results have shown that the seat pan design of 
certain RECARO model 3510A and 3510D passenger seats, when installed 
next to a Type III over-wing emergency exit, is insufficiently 
stable to sustain the loads applied by a person who would use the 
seat as assistance means in case of an emergency evacuation. Body 
parts (e.g., knees and feet) could slide through and get trapped. 
This condition, if not corrected, could restrict or significantly 
delay an emergency evacuation, possibly resulting in injury to 
occupants.
    To address this potential unsafe condition, RECARO issued SB 
3510-25-609, SB 3510-25-752 and SB 3510-25-753, providing 
modification instructions to replace the seat pan and/or pan 
attachment package with a new one, that has a more robust design, 
and to re-identify modified seats with a different P/N.
    For the reasons described above, this [EASA] AD requires 
modification of the affected seats and prohibits installation of any 
unmodified seat.


[[Page 19710]]


    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-2018-1019.

Related Service Information Under 1 CFR Part 51

    We reviewed RECARO Service Bulletin (SB) No. 3510-25-609, Original 
Issue, dated June 20, 2016; RECARO SB No. 3510-25-752, Original Issue, 
dated May 20, 2016; and RECARO SB No. 3510-25-753, Original Issue, 
dated June 23, 2016. RECARO SB No. 3510-25-609 describes procedures for 
removing the straps and installing two additional cable ties on the 
seat pan. RECARO SB No. 3510-25-752 describes procedures for removing 
the straps and replacing the seat pan assembly. RECARO SB No. 3510-25-
753 describes procedures for removing the straps and installing a new 
seat pan assembly or installing two additional cable ties. 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 modification and re-identification of all affected 
RECARO model passenger 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.

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-2018-
1019 and Product Identifier 2018-NE-05-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 no aircraft seats installed on 
airplanes 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
----------------------------------------------------------------------------------------------------------------
Install the placard to re-identify P/N  0.1 work-hours x $85 per             $27          $35.50              $0
 (All Series).                           hour = $8.50.
Series 383, 384, 389, 390, 392, 527,    0.2 work hours x $85 per              12              29               0
 592, 911, 942 Modify seats per RECARO   hour = $17.
 SB No. 3510-25-609.
Series 377 & 381 Modify seats per       0.4 work hours x $85.00              477             511               0
 RECARO SB No. 3510-25-752.              = $34.
Series 330, 347, 349, 364, and 549      0.4 work hours x $85 per             546             580               0
 Modify seats per RECARO SB No. 3510-    hour = $34.
 25-753.
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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

[[Page 19711]]

    (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):

2019-08-01 RECARO Aircraft Seating GmbH & Co. KG: Amendment 39-
19622; Docket No. FAA-2018-1019; Product Identifier 2018-NE-05-AD.

(a) Effective Date

    This AD is effective May 21, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to RECARO Aircraft Seating GmbH & Co. KG 
(RECARO) Model 3510A and 3510D passenger seats.
    (2) These appliances are installed on, but not limited to, 
Airbus SAS Model A318, A319, and A320 airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2520, Passenger 
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by an analysis that the affected RECARO 
model passenger seats contain a seat pan assembly design that can 
trap a person using the seat to assist during an emergency 
evacuation. We are issuing this AD to prevent passenger entrapment 
in the event a person climbs on a seat to assist during an emergency 
evacuation. The unsafe condition, if not addressed, could result in 
possible passenger entrapment, injury, or delay in the case of 
emergency evacuation.

(f) Compliance

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

(g) Required Actions

    Within 2,700 flight hours (FHs) or 945 flight cycles (FCs), 
whichever occurs first, after the effective date of this AD, modify 
the affected passenger seat and re-identify each modified passenger 
seat as follows:
    (1) Review the seat part numbers (P/Ns) identified in Table 1 to 
paragraph (g)(1) of this AD to identify the applicable service 
bulletin (SB).
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    (2) For seats identified by RECARO SB No. 3510-25-609, Original 
Issue, dated June 20, 2016 (``RECARO SB No. 3510-25-609''):
    (i) Review Planning Information, paragraph 1.A., Tables 2 and 3, 
in RECARO SB No. 3510-25-609, to determine if a modification is 
required for the specific P/N seat.
    (ii) Follow the Accomplishment Instructions, paragraphs 3.A., 
3.B., 3.C., 3.D., and 3.E. in RECARO SB No. 3510-25-609.
    (3) For seats identified by RECARO SB No. 3510-25-752, Original 
Issue, dated May 20, 2016 (``RECARO SB No. 3510-25-752''):
    (i) Review Planning Information, paragraph 1.A., Tables 2 and 3, 
in RECARO SB No. 3510-25-752, to determine if a modification is 
required for the specific P/N seat.
    (ii) Follow the Accomplishment Instructions, paragraphs 3.A., 
3.B., 3.C., 3.D., and 3.E. in RECARO SB No. 3510-25-752.
    (4) For seats identified by RECARO SB No. 3510-25-753, Original 
issue, dated June 23, 2016 (``RECARO SB No. 3510-25-753''):
    (i) Review Planning Information, paragraph 1.A., Tables 2 and 3, 
in RECARO SB No. 3510-25-753, to determine the required modification 
for the specific P/N seat.
    (ii) Follow the Accomplishment Instructions, paragraphs 3.A., 
3.B., 3.C., 3.D., and 3.E. in RECARO SB No. 3510-25-753.

(h) Installation Prohibition

    After the effective date of this AD, do not install an affected 
RECARO model passenger seat on any aircraft, unless the seat has 
been modified and re-identified in accordance with paragraph (g)(2), 
(3), or (4) of this AD.

(i) 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 (j)(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.

(j) 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 Union Aviation Safety Agency (EASA) AD 
2017-0192, dated September 28, 2017, 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-2018-1019.

(k) 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) RECARO Service Bulletin (SB) No. 3510-25-609, Original 
issue, dated June 20, 2016.
    (ii) RECARO SB No. 3510-25-752, Original issue, dated May 20, 
2016.
    (iii) RECARO SB No. 3510-25-753, Original issue, dated June 23, 
2016.
    (3) For RECARO Aircraft Seating GmbH & Co. KG service 
information identified in this AD, contact RECARO Aircraft Seating 
GmbH & Co. KG, Daimlerstrasse 21, 74523 Schwabisch Hall, Germany; 
phone: 49 791 503 7855; fax: 49 791 503 7935; email: 
as.com">technical.support@recaro-as.com.
    (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 May 1, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2019-09184 Filed 5-3-19; 8:45 am]
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