AD 2019-07-03

[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Rules and Regulations]
[Pages 14596-14599]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-07164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0839; Product Identifier 2017-NE-31-AD; Amendment 
39-19614; AD 2019-07-03]
RIN 2120-AA64


Airworthiness Directives; Zodiac Seats France Cabin Attendant 
Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 14597]]


ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Zodiac Seats France 536-Series Cabin Attendant Seats. This AD was 
prompted by potential risk of premature corrosion on the seat structure 
and clamps. This AD requires inspection and, if damage or corrosion is 
found, modification of all Zodiac Seats France 536-Series Cabin 
Attendant Seats. This AD also allows modification and re-identification 
of the seats as an optional terminating action to the repetitive 
inspection requirements of this AD. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective May 16, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 16, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Safran Seats France, 61, Rue Pierre Curie, CS20001, Plaisir 
Cedex, France phone: + 33 977 428 378; email: <a href="/cdn-cgi/l/email-protection#afeee0e8819cfcefdccec9ddcec1c8ddc0dadf81ccc0c2"><span class="__cf_email__" data-cfemail="0948464e273a5a497a686f7b68676e7b667c79276a6664">[email&#160;protected]</span></a>; 
website: <a href="https://www.safran-group.com">https://www.safran-group.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2017-0839.

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> by searching for and locating Docket No. FAA-2017-
0839; 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 address for Docket Operations (phone: 800-647-5527) 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.

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: <a href="/cdn-cgi/l/email-protection#f3979c819a96dd8196809d9a98b3959292dd949c85"><span class="__cf_email__" data-cfemail="d0b4bfa2b9b5fea2b5a3beb9bb90b6b1b1feb7bfa6">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Zodiac Seats France 
536-Series Cabin Attendant Seats. The NPRM published in the Federal 
Register on September 14, 2018 (83 FR 46679). The NPRM was prompted by 
potential risk of premature corrosion on the seat structure and clamps. 
The NPRM proposed to require inspection and modification of all Zodiac 
Seats France 536-Series Cabin Attendant Seats. We are issuing this AD 
to address the unsafe condition on these products.
    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA AD 2016-0167R1, dated February 2, 2018 (corrected March 1, 
2018), to address the unsafe condition on these products. The MCAI 
states:

    Cases of corrosion and cracks were found on Zodiac Seats France 
CAS 536 rear cabin attendant seats installed on some ATR 42 and ATR 
72 aeroplanes. The detected damage was located on the lower parts of 
the attendant seat, at the level of the seat-to-floor interface.
    This condition, if not detected and corrected, could lead to 
failure of the seat occupied by the cabin attendant, possibly 
resulting in injury to the seat occupant.
    To address this potential unsafe condition, Zodiac Seats France 
issued Service Bulletin (SB) No. 536-25-002 to provide inspection 
instructions.
    Consequently, EASA issued AD 2016-0167, requiring repetitive 
inspections of the affected attendant seats, and, depending on 
findings, accomplishment of the temporary corrective action(s). 
Since that AD was issued, Zodiac Seats France developed a solution 
preventing this kind of damage and published SB No. 536-25-004, 
providing instructions for modification and re-identification of 
affected seats.
    For the reason described above, this [EASA] AD is revised to 
include reference to an optional terminating action.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for 
and locating Docket No. FAA-2017-0839.

Addition of Optional Terminating Action

    Since EASA issued its AD No. 2016-0167, dated August 17, 2016, 
Zodiac Seats France developed a solution preventing the type of 
corrosion and cracks identified in that EASA AD and published SB No. 
536-25-004, Rev. 0, dated October 19, 2017, which provides instructions 
for modification and re-identification of the affected seats. EASA 
subsequently revised its AD 2016-0167 with the publication of AD No. 
2016-0167R1, dated February 2, 2018 (corrected March 1, 2018). In the 
NPRM, we had referenced EASA AD 2016-0167, dated August 17, 2016, but 
are now updating this reference in our final rule AD to EASA AD No. 
2016-0167R1. We are also revising our AD to include the optional 
terminating action identified in EASA AD 2016-0167R1.

Revision to Costs of Compliance Section

    We revised the Costs of Compliance section by removing the 
estimated costs for replacement of parts (seat structures) and adding 
On-condition costs for replacement of parts (seat structures). We have 
no way of estimating how many parts would require replacement.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comment received on the 
NPRM and the FAA's response to each comment.

Request To Revise Compliance

    An individual commenter noted that in an attempt to address and 
correct the issue of premature corrosion and cracks on Zodiac Seats 
France 536 series cabin attendant seats, this NPRM would require that 
these seats be inspected and modified regularly to detect corrosion. 
The commenter disagreed with this proposal because it fails to 
eliminate completely the known safety hazard. The commenter reasoned 
that regular inspection would increase the chances of detecting the 
corrosion, but would not fix the issues with the seats.
    The commenter also argued that the cost of inspecting all 55 [cabin 
attendant] seats aboard the two aircraft models that use these seats 
outweighs the cost of seat replacement. The commenter indicated this 
airworthiness directive should require operators to replace all seats 
that possibly have this known safety risk of corrosion and cracks. The 
commenter reasoned that this will not only save the operator time, not 
having to down an aircraft every three months for the [cabin attendant] 
seats inspections, but also eliminate the risks of seat failure from 
corrosion and cracks.
    We disagree with requiring replacement of the affected cabin 
attendant seats. The unsafe condition referenced in this AD is 
represented by the possible failure of the seat occupied by the cabin 
attendant, which could result in injury to the cabin attendant. The 
requirements of this AD adequately address this unsafe condition. We 
have, however, added an optional terminating

[[Page 14598]]

action section to this AD to be consistent with EASA AD 2016-0167R1, 
dated February 2, 2018 (corrected March 1, 2018). This optional 
terminating action section allows operators to replace the seat's 
structure instead of continuing inspections.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the change described previously and minor 
editorial changes. We have determined that these minor changes:
    <bullet> [Agr]re consistent with the intent that was proposed in 
the NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Zodiac Seats France SB No. 536-25-002, Revision 3, 
dated November 2, 2016. This SB describes procedures for inspection, 
repair, or replacement of the seat structure and clamps known to be 
installed on the main structure. We also reviewed Zodiac Seats France 
SB No. 536-25-004, Rev. 0, dated October 19, 2017. This SB allows 
operators to replace the seat structure instead of continuing 
inspections. 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.

Costs of Compliance

    We estimate that this AD affects 55 seat structures installed on, 
but not limited to, ATR 42 and ATR 72 model 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
----------------------------------------------------------------------------------------------------------------
Seat inspection, visual (on-wing).....  0.2 work-hours x $85 per              $0             $17            $935
                                         hour = $17.
Seat inspection, (shop visit).........  0.5 work-hours x $85 per               0           42.50        2,337.50
                                         hour = $42.50.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary part 
replacements that would be required based on the results of the 
inspection. We have no way of determining the number of aircraft that 
might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of parts..........................  2 work-hours x $85 per hour =             $2,000          $2,170
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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:

[[Page 14599]]

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):

2019-07-03 Zodiac Seats France (formerly SICMA Aero Seat): Amendment 
39-19614; Docket No. FAA-2017-0839; Product Identifier 2017-NE-31-
AD.

(a) Effective Date

    This AD is effective May 16, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Zodiac Seats France, 536-Series Cabin 
Attendant Seats, part number (P/N) 53600, all dash numbers, all 
serial numbers. These appliances are installed on, but not limited 
to: Avions de transport regional (ATR) 42 and ATR 72 model airplanes 
of U.S. registry.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by corrosion found on the seat structure or 
on clamps of the Zodiac Seats France 536-Series Cabin Attendant 
Seats. We are issuing this AD to prevent failure of these seats. The 
unsafe condition, if not addressed, could result in failure of the 
seat occupied by the cabin attendant, and possible injury to the 
cabin attendant.

(f) Compliance

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

(g) Required Actions

    (1) Within 14 months after the first installation of the seat on 
an aircraft, or within 3 months after the effective date of this AD, 
whichever occurs later, remove the seat from the aircraft and 
perform a detailed visual inspection in accordance with the 
Accomplishment Instructions, Paragraph 2.B., of Zodiac Seats France 
Service Bulletin (SB) No. 536-25-002, Revision 3, dated November 2, 
2016. If the date of the first installation of a seat on an airplane 
is unknown, use the date of manufacture of the seat (which can be 
found on the ID placard of the seat) to determine when the 
inspection must be accomplished.
    (2) Within 3 months after the inspection required by paragraph 
(g)(1) of this AD, and, thereafter, at intervals not to exceed 3 
months, perform a detailed visual inspection in accordance with the 
Accomplishment Instructions, Paragraphs 2.A. and 2.B., of Zodiac 
Seats France SB No. 536-25-002, Revision 3, dated November 2, 2016.
    (3) If corrosion or other damage is found, before next flight or 
before (re)installation of the seat on an aircraft, as applicable, 
repair the seat in accordance with the Accomplishment Instructions, 
Paragraphs 2.B. and 2.C., of Zodiac Seats France SB No. 536-25-002, 
Revision 3, dated November 2, 2016.
    (4) Temporarily stowing and securing a damaged attendant seat in 
a retracted position to prevent occupancy, in accordance with the 
provisions and limitations applicable Master Minimum Equipment List 
item, is an acceptable alternative method to defer compliance with 
the requirements of paragraph (g)(3) of this AD.

(h) Installation Prohibition

    After the effective date of this AD, do not install on any 
aircraft an affected Zodiac Seats France 536-Series Cabin Attendant 
Seat that has accumulated more than 14 months since first 
installation on any aircraft, unless it has passed an inspection in 
accordance with the Accomplishment Instructions, Paragraph 2.B., of 
Zodiac Seats France SB No. 536-25-002, Revision 3, dated November 2, 
2016.

(i) Optional Terminating Action

    Modification and re-identification (P/N change) of a seat in 
accordance with the Accomplishment Instructions, paragraph 2.A., of 
Zodiac Seats France SB No. 536-25-004, Rev. 0, dated October 19, 
2017, constitutes a terminating action for the repetitive 
inspections as required by this AD. Operators are not required to 
perform the steps in Sections A6 and A9 in paragraph 2.A. of the SB 
to complete this terminating action.

(j) Credit for Previous Actions

    You may take credit for actions required by paragraph (g) of 
this AD if you performed these actions before the effective date of 
this AD using Zodiac Seats France SB No. 536-25-002, Revision 2, 
dated August 29, 2016.

(k) 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 ACO Branch, send it to the attention of the person 
identified in paragraph (l)(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.

(l) 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: 
<a href="/cdn-cgi/l/email-protection#1c78736e7579326e796f7275775c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="8befe4f9e2eea5f9eef8e5e2e0cbedeaeaa5ece4fd">[email&#160;protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency AD 2016-
0167R1, dated February 2, 2018 (corrected March 1, 2018) for more 
information. You may examine the EASA AD in the AD docket on the 
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
it in Docket No. FAA-2017-0839.

(m) 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) Zodiac Seats France Service Bulletin (SB) No. 536-25-002, 
Revision 3, dated November 2, 2016.
    (ii) Zodiac Seats France SB No. 536-25-004, Rev. 0, dated 
October 19, 2017.
    (3) For Zodiac Seats France service information identified in 
this AD, contact Safran Seats France, 61, Rue Pierre Curie, CS20001, 
Plaisir Cedex, France phone: + 33 977 428 378; email: 
<a href="/cdn-cgi/l/email-protection#8bcac4cca5b8d8cbf8eaedf9eae5ecf9e4fefba5e8e4e6"><span class="__cf_email__" data-cfemail="33727c741d00607340525541525d54415c46431d505c5e">[email&#160;protected]</span></a>; website: <a href="https://www.safran-group.com">https://www.safran-group.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Burlington, Massachusetts, on April 2, 2018.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft 
Certification Service.
[FR Doc. 2019-07164 Filed 4-10-19; 8:45 am]
 BILLING CODE 4910-13-P