[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51230-51233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16540]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0661; Project Identifier MCAI-2022-00737-Q; 
Amendment 39-22510; AD 2023-14-10]
RIN 2120-AA64


Airworthiness Directives; Ipeco Pilot and Co-Pilot Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-21-
06, which applied to certain Ipeco Holdings Limited (Ipeco) pilot and 
co-pilot seats. AD 2019-21-06 required 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 AD is prompted by reports of track lock 
spring failures occurring on affected seats. This AD retains the 
requirements of AD 2019-21-06. This AD also adds a mandatory 
terminating action for the initial and repetitive inspections of the 
affected track lock springs. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective September 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 7, 
2023.

[[Page 51231]]

    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
December 12, 2017 (82 FR 51552, November 7, 2017); and December 13, 
2019 (84 FR 60325, November 8, 2019).

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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. It is 
also available at regulations.gov under Docket No. FAA-2023-0661.

FOR FURTHER INFORMATION CONTACT: Kevin Kung, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 
238-7244; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-21-06, Amendment 39-19772 (84 FR 
60325, November 8, 2019) (AD 2019-21-06). AD 2019-21-06 applied to 
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 
Ipeco pilot seat P/N 3A063-0099-01-1 and Ipeco co-pilot seat P/N 3A063-
0100-01-1. 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 
required 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. The FAA issued AD 2019-21-06 to 
prevent unexpected movement of pilot and co-pilot seats on takeoff and 
landing.
    The NPRM published in the Federal Register on April 10, 2023 (88 FR 
21114). The NPRM was prompted by United Kingdom (UK) Civil Aviation 
Authority (CAA) AD G-2022-0011, dated June 9, 2022 (referred to after 
this as the MCAI), issued by UK CAA, which is the aviation authority 
for the UK. The MCAI states that occurrences of track lock spring 
failures continued to be reported, including seats already modified, as 
instructed 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; and EASA issued EASA AD 2018-0262 to supersede EASA AD 2016-
0256, which retained the modification and re-identification; and 
introduced new instructions to inspect for damage and incorrect 
installation of the track lock springs and, if necessary, replacement 
of both track lock springs of the affected seat. The MCAI supersedes 
EASA AD 2018-0262; removes the previous instructions for modification 
and re-identification; retains the inspection for damage and incorrect 
installation of the track lock springs; and introduces new instructions 
for replacement of the affected track lock springs and lever, and 
installation of a track lock lever control placard (modification and 
re-identification) as terminating action.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0661.
    In the NPRM, the FAA proposed to retain all of the requirements of 
AD 2019-21-06. The FAA also proposed to add a mandatory terminating 
action (modification and re-identification of each affected seat) for 
the initial and repetitive inspections of the affected track lock 
springs. The FAA is issuing this AD to prevent unexpected movement of 
pilot and co-pilot seats on takeoff and landing.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. Except for minor editorial changes this AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Ipeco 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 track lock levers and springs and 
installation of a track lock lever control placard.
    This AD also requires 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 AD also requires 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.

Costs of Compliance

    The FAA estimates that this AD affects 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 require modification and 
inspection.

[[Page 51232]]

    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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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.
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    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these replacements:

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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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       1.5 work-hours x $85 per hour =               28          155.50
 spring.                                         $127.50.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby 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 has 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:
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:

2023-14-10 Ipeco Holdings Limited: Amendment 39-22510; Docket No. 
FAA-2023-0661; Project Identifier MCAI-2022-00737-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective September 7, 
2023.

(b) Affected ADs

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

[[Page 51233]]

(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 With No Changes

    This paragraph retains the requirements of paragraph (g) of AD 
2019-21-06, with no changes.
    (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, Amendment 39-19082 (82 FR 51552, 
November 7, 2017)), 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.

(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 an 
installed track lock spring that is 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)

    (1) The Manager, International Validation 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.
    (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.

(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.gov under Docket 
No. FAA-2023-0661.
    (2) For more information about this AD, contact Kevin Kung, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (781) 238-7244; email: [email protected].

(o) 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 
September 7, 2023.
    (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; 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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16540 Filed 8-2-23; 8:45 am]
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