AD 2011-21-05

[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63161-63163]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-25800]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1000; Directorate Identifier 2011-NM-048-AD; 
Amendment 39-16828; AD 2011-21-05]
RIN 2120-AA64


Airworthiness Directives; Aviointeriors S.p.A. Passenger Seat 12M 
Series, Installed on But Not Limited to ATR Model ATR42 Airplanes and 
Model ATR72 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Failures of the recline actuator metal fitting have been 
reported on seat backrests of in-service aircraft. * * *
* * * * *
    Actions required by this AD are intended to prevent further 
failures of the seat backrests which could result in injury to 
passengers or crew members during an emergency landing.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective October 27, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 27, 
2011.
    We must receive comments on this AD by November 28, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine & Propeller 
Directorate, 12 New England Executive Park, Burlington, Massachusetts 
01803; telephone (781) 238-7161; fax (781) 238-7170.

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 
Airworthiness Directive 2008-0135, dated July 16, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Failures of the recline actuator metal fitting have been 
reported on seat backrests of in-

[[Page 63162]]

service aircraft. EASA AD 2006-0350, which is superseded by this 
[EASA] AD, was issued to initially mandate a one-time inspection of 
the applicable backrests, replace all fittings that have tool marks 
and re-identify the backrest seat P/N (part number). Since the 
issuance of the [existing EASA] AD, cycle testing performed by 
Aviointeriors identified a life limitation also for backrests that 
do not have tool marks.
    Consequently the present [EASA] AD mandates the replacement of 
those backrests before reaching the threshold specified in the 
compliance paragraph of this [EASA] AD.
    Actions required by this [EASA] AD are intended to prevent 
further failures of the seat backrests which could result in injury 
to passengers or crew members during an emergency landing.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Aviointeriors has issued Vendor Service Bulletin 12M/F68-06, 
Revision 1, dated October 29, 2009. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no airplanes equipped with the affected seats currently 
registered in the United States. However, this rule is necessary to 
ensure that the described unsafe condition is addressed if any of these 
seats are installed on airplanes identified in the U.S. Register in the 
future.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-1000; Directorate 
Identifier 2011-NM-048-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 AD:

2011-21-05 Aviointeriors S.p.A.: Amendment 39-16828. Docket No. FAA-
2011-1000; Directorate Identifier 2011-NM-048-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
27, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Aviointeriors S.p.A. passenger seats 
12M()()-()()()()()(), all part numbers (P/Ns) equipped with backrest 
P/N 313033000000 or 313033100000; as identified in Section 1.A. of 
Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 1, dated 
October 29, 2009; and that are installed on, but not limited to ATR 
Model ATR42-200, -300, -320, and -500 airplanes and Model ATR72-101, 
-201, -102, -202, -211, -212, and -212A airplanes, certificated in 
any category.

    Note 1: This AD applies to certain Aviointeriors passenger seats 
as installed on any airplane, regardless of whether the airplane has 
been otherwise modified, altered, or repaired in the area subject to 
the requirements of this AD. For airplanes that

[[Page 63163]]

have been modified, altered, or repaired so that the performance of 
the requirements of this AD is affected, the owner/operator must 
request approval for an alternative method of compliance according 
to paragraph (k) of this AD. The request should include an 
assessment of the effect of the modification, alteration, or repair 
on the unsafe condition addressed by this AD; and, if the unsafe 
condition has not been eliminated, the request should include 
specific proposed actions to address it.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Failures of the recline actuator metal fitting have been 
reported on seat backrests of in-service aircraft. * * *
* * * * *
    Actions required by this AD are intended to prevent further 
failures of the seat backrests which could result in injury to 
passengers or crew members during an emergency landing.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (g) At the later of the compliance times specified in paragraphs 
(g)(1) and (g)(2) of this AD, replace backrests having P/N 
313033000000 and 313033100000, in accordance with the instructions 
given in Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 
1, dated October 29, 2009, except as provided by paragraph (i) of 
this AD.
    (1) Before the accumulation of 13,000 total flight cycles on the 
seat since new.
    (2) Within 500 flight cycles or 6 months after the effective 
date of this AD, whichever occurs first.

Parts Installation

    (h) As of the effective date of this AD, no person shall install 
Aviointeriors passenger seats P/N 12M()()-()()()()()() equipped with 
backrests having P/N 313033000000 or 313033100000 (being either 
unmarked or marked with ``0'' as indicated in Section 3 of 
Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 1, dated 
October 29, 2009) on any airplane.

Extended Replacement Compliance Time for Certain Airplanes

    (i) For airplanes on which the replacement required by paragraph 
(g) of this AD cannot be done within the required compliance time 
specified in paragraph (g) of this AD: The airplane may be 
dispatched with the affected seat installed provided the actions in 
paragraph (i)(1) and (i)(2) of this AD are done.
    (1) The provisions specified in paragraphs (i)(1)(i), 
(i)(1)(ii), and (i)(1)(iii) of this AD are complied with.
    (i) Seat is placarded as ``Do not occupy'' and measures are 
taken to be sure that the affected seat remains unoccupied during 
the flight duration.
    (ii) Affected seat does not block any emergency exit.
    (iii) Affected seat does not restrict any passenger to get 
access to the main aisle.
    (2) Within 12 months after the effective date of this AD, the 
backrest is replaced in accordance with the instructions given in 
Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 1, dated 
October 29, 2009.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (j) Actions accomplished before the effective date of this AD in 
accordance with Aviointeriors Vendor Service Bulletin 12M/F68-01, 
Revision 1, dated October 2, 2006; or Aviointeriors Vendor Service 
Bulletin 12M/F68-06, dated June 17, 2008; are considered acceptable 
for compliance with the corresponding actions specified in this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Boston Aircraft Certification Office, 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 ACO, 
send it to ATTN: Jeffrey Lee, Aerospace Engineer, Boston Aircraft 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, Massachusetts 01803; telephone 
(781) 238-7161; fax (781) 238-7170. 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. The AMOC approval letter 
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (l) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0135, dated July 16, 2008; and Aviointeriors Vendor 
Service Bulletin 12M/F68-06, Revision 1, dated October 29, 2009; for 
related information.

Material Incorporated by Reference

    (m) You must use Aviointeriors Vendor Service Bulletin 12M/F68-
06, Revision 1, dated October 29, 2009, to do the actions required 
by this AD, unless the AD specifies otherwise. Pages 1, 2, and 10 of 
this document are identified as Revision 1; the remaining pages are 
identified as Revision ``new.''
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Aviointeriors S.p.A., Engineering Product Support Division, Via 
Appia KM 66,400--04013 Tor Tre Ponti, Italy; telephone 0039-0773-
689330 or 0039-0773-689291; fax 0039-0773-631546; e-mail 
<a href="/cdn-cgi/l/email-protection#94f5e2fdfbd4f5e2fdfbfdfae0f1e6fdfbe6e7bafde0"><span class="__cf_email__" data-cfemail="18796e717758796e717771766c7d6a71776a6b36716c">[email&#160;protected]</span></a>; Internet <a href="http://www.aviointeriors.it">http://www.aviointeriors.it</a>.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on September 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-25800 Filed 10-11-11; 8:45 am]
BILLING CODE 4910-13-P