DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0129; Product Identifier 2019-NE-01-AD; Amendment
39-19683; AD 2019-14-05]
Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain B/E Aerospace Fischer GmbH (B/E Aerospace Fischer) Common Seats
170/260 H160. This AD was prompted by the discovery during testing that
the energy absorber (EA) may not function as intended during emergency
landing. This AD requires removing and replacing the EA assemblies on
the affected seats. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 3, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 3, 2019.
ADDRESSES: For service information identified in this final rule,
contact B/E Aerospace Fischer GmbH, M[uuml]ller-Armack-Str. 4, D-84034
Landshut, Germany; phone: +49 (0) 871 93248-0; fax: +49 (0) 871 93248-
22; email: email@example.com. You may view this service
information at the FAA, Engine and 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-2019-0129.
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-2019-
0129; 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 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: firstname.lastname@example.org.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain B/E Aerospace
Fischer Common Seats 170/260 H160. The NPRM published in the Federal
Register on April 9, 2019 (84 FR 14041). The NPRM was prompted by the
discovery during testing that the EA may not function as intended
during emergency landing. The NPRM proposed to require removing and
replacing the EA assemblies on the affected seats. The FAA is 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 2018-0223, dated October 17, 2018 (referred to after
this as "the MCAI"), to address the unsafe condition on these
products. The MCAI states:
During dynamic tests of the seat energy absorber, a too long
stroke was identified. Analysis indicated that, when the seat is
used in low height adjustment during an emergency landing, the
energy absorber may not function as intended.
This condition, if not corrected, could lead to impact on lower
stop of the energy absorber stroke, possible resulting in injury to
the seat occupant.
To address this unsafe condition, B/E Aerospace Fischer issued
the SB, providing instructions to replace the seat energy absorber
assembly and to re-identify the seat.
For the reason described above, this [EASA] AD requires
modification of the affected seats and reidentification.
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-2019-0129.
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed
except for minor editorial changes. The FAA has determined that these
Are 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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed B/E Aerospace Fischer Alert Service Bulletin (ASB)
No. SB0718-004, Issue A, dated June 26, 2018. The ASB describes
procedures for removing and replacing the EA assemblies on Common Seats
170/260 H160. 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
The FAA estimates that this AD affects 341 Common Seats installed
on aircraft of U.S. registry.
The FAA estimates the following costs to comply with this AD:
COST ON U.S.
|Inspect to determine if re-work has been accomplished.
|| 0.2 work-hours x $85 per hour = $17.
|Replace EA Assembly...................
|| 3 work-hours x $85 per hour = $255.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
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
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.
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) 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
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