[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Proposed Rules]
[Pages 36843-36844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16127]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / 
Proposed Rules  

[[Page 36843]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0021; Product Identifier 2018-NM-038-AD]
RIN 2120-AA64


Airworthiness Directives; AmSafe Inc. Seatbelts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to all AmSafe Inc. seatbelts, as installed in, but not 
limited to, various airplanes and rotorcraft. The NPRM was prompted by 
reports of multiple failed keepers on seatbelt hook assemblies. The 
NPRM would have required an inspection for affected parts, repetitive 
general visual inspections of the seatbelt hook assembly for damage, 
repetitive functional checks, and replacement of all affected parts. 
Since issuance of the NPRM, the FAA has determined that a significant 
portion of the affected seatbelt hook assemblies have been replaced. 
The FAA has also determined that the majority of the affected parts 
have exceeded their typical replacement cycle and are likely no longer 
in service. The FAA performed a new risk assessment based on this data 
and determined there is now an acceptable level of risk. Accordingly, 
the NPRM is withdrawn.

DATES: The FAA is withdrawing the proposed rule published February 22, 
2019 (84 FR 5620), as of July 30, 2019.

ADDRESSES:

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-
0021; 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 AD action, the regulatory evaluation, any comments received, and 
other information. The street address for Docket Operations (telephone 
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: Patrick Farina, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5344; fax: 562-627-5210; email: Patrick.Farina@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by 
adding an AD that would apply to the specified products. The NPRM was 
published in the Federal Register on February 22, 2019 (84 FR 5620). 
The NPRM was prompted by reports of multiple failed keepers on seatbelt 
hook assemblies.
    The NPRM proposed to require an inspection for affected parts, 
repetitive general visual inspections of the seatbelt hook assembly for 
damage, repetitive functional checks, and replacement of all affected 
parts. The proposed actions were intended to address failed keepers on 
seatbelt hook assemblies, and remove the risk of future failures by a 
timed removal. Failure of keepers on seatbelt hook assemblies, if not 
addressed, could result in the seatbelt disengaging from and detaching 
from the seat structure under certain conditions, and could result in 
injury to passengers or flightcrew.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, the FAA has determined that at least 31 
percent of the affected seatbelt hook assemblies have been replaced. 
The FAA has also determined that the majority of the affected parts 
have exceeded their typical replacement cycle and are likely no longer 
in service. The FAA performed a new risk assessment based on this data 
and determined there is now an acceptable level of risk. The FAA has 
also determined that the remaining parts will eventually be replaced as 
specified in the applicable component maintenance manual (CMM), which 
will eliminate the risk. Therefore, the FAA has determined that AD 
action is not appropriate.
    Withdrawal of the NPRM constitutes only such action and does not 
preclude the FAA from further rulemaking on this issue, nor does it 
commit the FAA to any course of action in the future.

Comments

    The FAA gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA), Dominic 
Savino, and FedEx indicated their support for the NPRM.

Request To Withdraw the NPRM

    AmSafe requested that the FAA withdraw the NPRM. The commenter 
suggested that the proposed AD is overly broad and unnecessary based on 
the number of affected parts in service. AmSafe stated that it has 
confirmed the return or replacement of 67,000 affected parts, or 31 
percent of the total affected parts. AmSafe further noted that the 
majority of the affected seatbelts not already collected by AmSafe were 
placed in service five to eight years ago and are likely no longer in 
service, based on an industry average three year replacement cycle for 
seatbelts. AmSafe added that it is in the process of replacing almost 
4,500 affected parts for Japan Airlines and it has confirmed that all 
affected parts on Alaska Airlines and KLM Royal Dutch Airlines aircraft 
have been replaced. AmSafe further added that American Airlines has 
reported having only one airplane with affected parts, and none of 
those parts were observed to be damaged. AmSafe observed that these 
operators represent the largest users of the affected parts in the 
industry. AmSafe stated that the failure of a keeper itself will not 
result in injury to passengers or flightcrew. AmSafe added that the 
potential for injury exists only under accident conditions where the 
hook is not properly restrained. AmSafe also suggested that the data 
used to support the proposed AD incorrectly assumes a higher rate of 
damaged parts than really

[[Page 36844]]

exist, because the damaged parts have been found only in cases where 
the keeper is located above the seat cushion. AmSafe requested that the 
FAA perform a new risk analysis based on the data it provided. AmSafe 
suggested that it could report additional replacements or findings of 
damaged units to the FAA as they become available. AmSafe concluded 
that the NPRM was no longer needed and should be withdrawn.
    The FAA agrees with the commenter's request. Based on the data 
AmSafe provided, the FAA performed a new risk assessment. This new 
assessment has allowed the agency to determine that the unsafe 
condition has been reduced to represent an acceptable risk. The FAA 
also expects the remaining risk to be eliminated as the affected parts 
are replaced.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM is 
unnecessary. Accordingly, the NPRM is withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action therefore is not covered under Executive 
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

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

The Withdrawal

0
Accordingly, the notice of proposed rulemaking, Docket No. FAA-2019-
0021, which was published in the Federal Register on February 22, 2019 
(84 FR 5620), is withdrawn.

    Issued in Des Moines, Washington, on July 23, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-16127 Filed 7-29-19; 8:45 am]
 BILLING CODE 4910-13-P


