[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14041-14043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06985]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0129; Product Identifier 2019-NE-01-AD]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain B/E Aerospace Fischer GmbH Common Seats 170/260 H160. This 
proposed AD was prompted by the discovery during testing that the 
energy absorber (EA) may not function as intended during emergency 
landing. This proposed AD would require removing and replacing the EA 
assemblies on the affected seats. We are proposing this AD to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by May 24, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202 493 2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 protected]. 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.

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 NPRM, the mandatory continuing airworthiness information (MCAI), 
the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket 
shortly after receipt.

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: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0129; 
Product Identifier 2019-NE-01-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this NPRM.

Discussion

    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.

Related Service Information Under 1 CFR Part 51

    We 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.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified us of the unsafe 
condition described in the MCAI and service information referenced 
above. We are proposing this AD because we evaluated all the relevant 
information provided by EASA and determined the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.

Proposed AD Requirements

    This proposed AD would require removing and replacing the EA 
assemblies on the affected common seats.

Costs of Compliance

    We estimate that this proposed AD affects 341 common seats 
installed on aircraft of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 14042]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect to determine if re-work has     0.2 work-hours x $85 per              $0             $17          $5,797
 been accomplished.                      hour = $17.
Replace EA Assembly...................  3 work-hours x $85 per            10,000          10,255       3,496,955
                                         hour = $255.
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    According to the manufacturer, some of the costs of this proposed 
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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 airworthiness 
directive (AD):

B/E Aerospace Fischer GmbH: Docket No. FAA-2019-0129; Product 
Identifier 2019-NE-01-AD.

(a) Comments Due Date

    We must receive comments by May 24, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to B/E Aerospace Fischer GmbH (B/E Aerospace 
Fischer) Common Seats 170/260 H160 with a part number and serial 
number combination listed in Annex A to B/E Aerospace Fischer Alert 
Service Bulletin (ASB) No. SB0718-004, Issue A, dated June 26, 2018.
    (2) These seats are known to be installed on, but not limited 
to: Airbus Helicopters (formerly Airbus Helicopters Deutschland 
GmbH, Eurocopter Deutschland GmbH, Eurocopter Espa[ntilde]a S.A.) 
EC135 and EC635 helicopters; and Airbus Helicopters (formerly 
Eurocopter, Eurocopter France, Aerospatiale) AS 332 L1 and EC 225 LP 
helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2510, Flight 
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by the discovery during testing that the 
energy absorber (EA) installed on certain B/E Aerospace Fischer 
Common Seats 170/260 H160 may not function as intended during 
emergency landing. We are issuing this AD to prevent malfunction of 
the EA on the seat. The unsafe condition, if not addressed, could 
result in injuries to the occupants during an emergency landing.

(f) Compliance

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

(g) Required Actions

    Within 12 months or 1,000 flight hours, whichever occurs first, 
after the effective date of this AD:
    (1) Review each affected B/E Aerospace Fischer Common Seat as 
identified by part number and serial number in Annex A of the B/E 
Aerospace Fischer ASB No. SB0718-004, Issue A, dated June 26, 2018 
to determine if rework has already been performed. If the rework has 
been performed, the seat will be marked with a placard stating 
``SB0718-004A implemented'' and no further action is required.
    (2) Rework the affected seats in accordance with paragraphs 1 
and 2 in B/E Aerospace Fischer ASB No. SB01718-004, Issue A, dated 
June 26, 2018. Once the rework is complete, mark the seat by 
installing a placard in accordance with paragraph 3 in B/E Aerospace 
Fischer ASB No. SB01718-004 except submittal of the reply form to B/
E Aerospace Fischer is not required.

(h) Installation Prohibition

    From the effective date of this AD, do not install any seat 
affected by this AD onto any aircraft unless the seat is marked with 
a placard stating completion of B/E Aerospace Fischer ASB No. 
SB0718-004, Issue A, dated June 26, 2018.

(i) 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

[[Page 14043]]

information directly to the manager of the certification office, 
send it to the attention of the person identified in paragraph 
(j)(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.

(j) 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: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2018-0223, dated October 17, 2018, for more information. You may 
examine the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2019-0129.
    (3) For service information identified in this AD, 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 protected]. You may view this referenced 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.

    Issued in Burlington, Massachusetts, on September 4, 2019.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft 
Certification Service.
[FR Doc. 2019-06985 Filed 4-8-19; 8:45 am]
BILLING CODE 4910-13-P


