[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21114-21117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07177]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 88 , No. 68 / Monday, April 10, 2023 / 
Proposed Rules  

[[Page 21114]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0661; Project Identifier MCAI-2022-00737-Q]
RIN 2120-AA64


Airworthiness Directives; Ipeco Pilot and Co-Pilot Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-21-06, which applies to certain Ipeco Holdings Limited (Ipeco) 
pilot and co-pilot seats. AD 2019-21-06 requires modification and re-
identification of the affected seats, initial and repetitive 
inspections of the affected track lock springs and, depending on the 
findings, replacement of the track lock springs with a part eligible 
for installation. Since the FAA issued AD 2019-21-06, the FAA 
determined the need for a mandatory terminating action to the track 
lock spring inspections. This proposed AD was prompted by reports of 
track lock spring failures occurring on affected seats. This proposed 
AD would retain the requirements of AD 2019-21-06. This proposed AD 
would also add a mandatory terminating action for the initial and 
repetitive inspections of the affected track lock springs. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by May 25, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0661; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Ipeco service information identified in this NPRM, 
contact Ipeco Holdings Limited, Aviation Way, Southend on Sea, SS2 6UN, 
United Kingdom; phone: +44 1702 545118; fax: +44 1702 540782; email: 
[email protected].
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Kevin Kung, Aviation Safety Engineer, 
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; 
phone: (781) 238-7244; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0661; Project Identifier 
MCAI-2022-00737-Q'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Kevin 
Kung, Aviation Safety Engineer, Boston ACO Branch, FAA, 1200 District 
Avenue, Burlington, MA 01803. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The FAA issued AD 2019-21-06, Amendment 39-19772 (84 FR 60325, 
November 8, 2019) (AD 2019-21-06), for certain Ipeco pilot and co-pilot 
seats. AD 2019-21-06 was prompted by an MCAI originated by the European 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union. EASA issued EASA AD 2018-0262, 
dated December 6, 2018 (EASA AD 2018-0262), to correct an unsafe 
condition identified as reports of track lock spring failures occurring 
on affected seats, including those seats already modified by EASA AD 
2016-0256, dated December 16, 2016 (EASA AD 2016-0256).
    AD 2019-21-06 requires modification and re-identification of the 
affected seats, initial and repetitive inspections of the affected 
track lock springs and, depending on the findings, replacement of the 
track lock springs with a part

[[Page 21115]]

eligible for installation. AD 2019-21-06 also adds additional seat part 
numbers to the applicability. The FAA issued AD 2019-21-06 to prevent 
unexpected movement of pilot and co-pilot seats on takeoff and landing.

Actions Since AD 2019-21-06 Was Issued

    Since the FAA issued AD 2019-21-06, the Civil Aviation Authority 
(CAA), which is the aviation authority for the United Kingdom (UK) (UK 
CAA), superseded EASA AD 2018-0262 and issued UK CAA AD G-2022-0011, 
dated June 9, 2022 (UK CAA AD G-2022-0011) (also referred to after this 
as the MCAI). The MCAI states that occurrences of track lock spring 
failures continued to be reported, including seats already modified, as 
required by EASA AD 2016-0256. Consequently, the manufacturer published 
revised service information, which specifies instructions for 
inspection and replacement, if necessary, of affected track lock 
springs. The MCAI partially retains the requirements of EASA AD 2018-
0262, which is superseded. The MCAI maintains the inspection of 
affected seats and springs and, depending on the results of the 
inspection, replacement of the affected springs from EASA AD 2018-0262. 
The MCAI also adds a mandatory terminating action, which requires that 
replacement of affected springs and lever, and the installation of a 
lever control placard, is accomplished. Track lock spring failures, if 
not addressed, could lead to further cases of unexpected movement of 
pilot and co-pilot seats on takeoff and landing, which could result in 
reduced control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0661.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Ipeco Service Bulletin (SB) Number 063-25-15, 
Issue 2; SB Number 063-25-16, Issue 2; SB Number 063-25-17, Issue 2; 
and SB Number 063-25-18, Issue 2; all dated March 8, 2022. These SBs 
provide instructions for removal and replacement of the levers and 
springs of affected track lock springs and the installation of a lever 
control placard.
    This proposed AD would also require Ipeco SB Number 063-25-08, 
Revision 00; SB Number 063-25-09, Revision 00; and SB Number 063-25-10, 
Revision 00; all dated May 31, 2016, which the Director of the Federal 
Register approved for incorporation by reference as of December 12, 
2017 (82 FR 51552, November 7, 2017).
    This proposed AD would also require Ipeco SB Number 063-25-14, 
Revision 00, dated August 14, 2018, which the Director of the Federal 
Register approved for incorporation by reference as of December 13, 
2019 (84 FR 60325, November 8, 2019).
    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 ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information described above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2019-
21-06. This proposed AD would also add a mandatory terminating action 
for the initial and repetitive inspections of the affected track lock 
springs.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 120 pilot and co-pilot seats installed on, but not limited to, 
ATR 42 and ATR 72 airplanes of U.S. registry. The FAA estimates that 
seats installed on 34 ATR 42 airplanes and seats installed on 21 ATR 72 
airplanes will require modification and inspection.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect ATR 42 or ATR 72 flight crew    0.25 work-hours x $85                 $0          $21.25          $2,550
 seats.                                  per hour = $21.25.
Modify ATR 42 or ATR 72 flight crew     2 work-hours x $85 per                56             226          27,120
 seats.                                  hour = $170.
Report results of ATR 42 or ATR 72      1 work-hour x $85 per                  0              85          10,200
 inspection.                             hour = $85.
Modify ATR 42 or ATR 72 flight crew     2.5 work-hours x $85 per              56          268.50          32,220
 seats per mandatory terminating         hour = $212.50.
 action.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The FAA has no way of determining the number of aircraft 
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove seat and replace ATR 42 track lock       1.5 work-hours x $85 per hour =              $28         $155.50
 spring.                                         $127.50.
Remove seat and replace ATR 72 track lock       1.50 work-hours x $85 per hour =              28          155.50
 spring.                                         $127.50.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby

[[Page 21116]]

reducing the cost impact on affected operators.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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

    The FAA 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive 2019-21-06, Amendment 39-19772 (84 
FR 60325, November 8, 2019); and
0
b. Adding the following new airworthiness directive:

Ipeco Holdings Limited: Docket No. FAA-2023-0661; Project Identifier 
MCAI-2022-00737-Q.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 25, 2023.

(b) Affected ADs

    This AD replaces AD 2019-21-06, Amendment 39-19772 (84 FR 60325, 
November 8, 2019); (AD 2019-21-06).

(c) Applicability

    (1) This AD applies to:
    (i) Ipeco Holdings Limited (Ipeco) pilot and co-pilot seats with 
a part number (P/N) listed in Paragraph 1.A., Planning Information, 
Tables 1 and 2, of Ipeco Service Bulletin (SB) Number 063-25-14, 
Revision 00, dated August 14, 2018, and
    (ii) Ipeco pilot seat P/N 3A063-0099-01-1 and Ipeco co-pilot 
seat P/N 3A063-0100-01-1.
    (2) These seats are installed on, but not limited to, ATR-GIE 
Avions de Transport R[eacute]gional ATR 42 and ATR 72 airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of track lock spring failures 
occurring on affected seats. The FAA is issuing this AD to prevent 
unexpected movement of pilot and co-pilot seats on takeoff and 
landing. The unsafe condition, if not addressed, could result in 
reduced control of the airplane.

(f) Compliance

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

(g) Retained Modification and Re-identification of Seats, Inspections 
and Replacement of Track Lock Spring, and Reporting

    This paragraph retains the requirements of paragraph (g) of AD 
2019-21-06, with a revised compliance date for affected seat 
inspections and reporting of inspection results.
    (1) For seats that have not installed the track lock spring 
modification kit, within two years after December 12, 2017 (the 
effective date of AD 2017-22-02), modify and re-identify each 
affected pilot and co-pilot seat using the Accomplishment 
Instructions of Ipeco SB Number 063-25-08, Revision 00; Ipeco SB 
Number 063-25-09, Revision 00; or Ipeco SB Number 063-25-10, 
Revision 00; all dated May 31, 2016, as applicable to each affected 
seat.
    (2) For all affected seats:
    (i) Within 750 flight hours (FHs) after December 13, 2019 (the 
effective date of AD 2019-21-06), and, thereafter at intervals not 
to exceed 750 FHs, inspect the track lock spring of each seat in 
accordance with the Accomplishment Instructions, paragraph 3.2, of 
Ipeco SB Number 063-25-14, Revision 00, dated August 14, 2018.
    (ii) If, during any inspection as required by paragraph 
(g)(2)(i) of this AD, any damage on, or incorrect installation of, 
any track lock spring is found on the pilot or co-pilot seat, before 
further flight, replace both track lock springs of the affected seat 
with a part eligible for installation using the Accomplishment 
Instructions, paragraph 3.3.3.1 or 3.3.3.2, as applicable, of Ipeco 
SB Number 063-25-14, Revision 00, dated August 14, 2018.
    (3) Within 30 days after the initial and repetitive inspections, 
and thereafter for two years after December 13, 2019 (the effective 
date of AD 2019-21-06), send the inspection results, including no 
findings, to Ipeco at [email protected].

(h) New Mandatory Terminating Action

    As a mandatory terminating action to the inspections required by 
paragraph (g)(2)(i) of this AD, within 12 months after the effective 
date of this AD, or at the next Base Maintenance check, whichever 
occurs later, modify and re-identify each affected seat in 
accordance with the Accomplishment Instructions of Ipeco SB Number 
063-25-15, Issue 2; SB Number 063-25-16, Issue 2; SB Number 063-25-
17, Issue 2; or SB Number 063-25-18, Issue 2; all dated March 8, 
2022, as applicable to each affected seat.

[[Page 21117]]

(i) Installation Prohibition

    After the effective date of this AD, do not install any pilot or 
co-pilot seat identified in paragraph (c)(1)(i) of this AD unless 
the seat is modified and re-identified as specified in paragraph 
(g)(1) of this AD.

(j) Definitions

    (1) For the purpose of this AD, ``damage'' includes cracks, 
breaks, corrosion, or deformation of the track lock spring.
    (2) For the purpose of this AD, ``incorrect installation'' is 
installing the track lock spring at an angle or position different 
from the angle or position shown in Figures 6 and 7 of Ipeco SB 
Number 063-25-14, Revision 00, dated August 14, 2018.
    (3) For the purpose of this AD, a ``part eligible for 
installation'' is:
    (i) A modified seat provided, before installation, it has passed 
an inspection (no damage is found); and
    (ii) A track lock spring provided that it passed an inspection 
(no damage is found).

(k) Credit for Previous Actions

    You may take credit for the actions required by paragraph 
(g)(2)(ii) of this AD if the actions were performed before the 
effective date of this AD using ATR SB No. ATR42-25-0191, Original 
Issue, dated July 4, 2016; ATR SB No. ATR42-25-0191, Revision No. 
01, dated July 20, 2016; or ATR SB No. ATR72-25-1157, Revision No. 
02, dated March 9, 2017.

(l) Special Flight Permits

    Special flight permits are prohibited.

(m) Alternative Methods of Compliance (AMOCs)

    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 (n)(2) of this AD. 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.

(n) Additional Information

    (1) Refer to United Kingdom (UK) Civil Aviation Authority (CAA) 
AD G-2022-0011, dated June 9, 2022, for related information. This UK 
CAA AD may be found in the AD docket at regulations under Docket No. 
FAA-2023-0661.
    (2) For more information about this AD, contact Kevin Kung, 
Aviation Safety Engineer, Boston ACO Branch, FAA, 1200 District 
Avenue, Burlington, MA 01803; phone: (781) 238-7244; email: [email protected].

(p) 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.
    (3) The following service information was approved for IBR on 
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Ipeco Service Bulletin (SB) Number 063-25-15, Issue 2, dated 
March 8, 2022.
    (ii) Ipeco SB Number 063-25-16, Issue 2, dated March 8, 2022.
    (iii) Ipeco SB Number 063-25-17, Issue 2, dated March 8, 2022.
    (iv) Ipeco SB Number 063-25-18, Issue 2, dated March 8, 2022.
    (4) The following service information was approved for IBR on 
December 13, 2019 (84 FR 60325, November 8, 2019).
    (i) Ipeco SB Number 063-25-14, Revision 00, dated August 14, 
2018.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on 
December 12, 2017 (82 FR 51552, November 7, 2017).
    (i) Ipeco SB Number 063-25-08, Revision 00, dated May 31, 2016.
    (ii) Ipeco SB Number 063-25-09, Revision 00, dated May 31, 2016.
    (iii) Ipeco SB Number 063-25-10, Revision 00, dated May 31, 
2016.
    (6) For Ipeco service information identified in this AD, contact 
Ipeco Holdings Limited, Aviation Way, Southend on Sea, SS2 6UN, 
United Kingdom; phone: +44 1702 545118; fax: +44 1702 540782; email: 
[email protected].
    (7) You may view this service information at FAA, Airworthiness 
Products Section, Operational Safety Branch, 1200 District Avenue, 
Burlington, MA 01803. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (8) 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07177 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P