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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.
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: AOG.3S@safrangroup.com;
website: https://www.safran-group.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-2017-0839.
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-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: dorie.resnik@faa.gov.
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 http://www.regulations.gov 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
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:
[Agr]re consistent with the intent that was proposed in
the NPRM for addressing the unsafe condition; and
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
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Seat inspection, visual (on-wing) |
0.2 work-hours x $85 per hour
= $17 |
$0
|
$17
|
$935
|
| Seat inspection, (shop visit) |
0.5 work-hours x $85 per hour
= $42.50 |
0
|
42.50
|
2,337.50
|
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
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Replacement of parts |
2 work-hours x $85 per hour =
$170
|
$2,000
|
$2,170
|
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:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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