[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Rules and Regulations]
[Pages 36464-36466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15985]


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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; Amendment 
39-19683; AD 2019-14-05]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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: spares@fischer-seats.de. 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: dorie.resnik@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    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.

Comments

    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.

Conclusion

    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 
minor changes:
     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:

                                                 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.

[[Page 36465]]

 
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 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 
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.
    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 
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) 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 
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

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):

2019-14-05 B/E Aerospace Fischer GmbH: Amendment 39-19683; Docket 
No. FAA-2019-0129; Product Identifier 2019-NE-01-AD.

(a) Effective Date

    This AD is effective September 3, 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. The FAA is 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. SB0718-004, 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. SB0718-004 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 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.

[[Page 36466]]

(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: 
dorie.resnik@faa.gov.
    (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 Docket No. FAA-
2019-0129.

(k) 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) B/E Aerospace Fischer Alert Service Bulletin No. SB0718-004, 
Issue A, dated June 26, 2018.
    (ii) [Reserved]
    (3) For B/E Aerospace Fischer 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: spares@fischer-seats.de.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on July 22, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2019-15985 Filed 7-26-19; 8:45 am]
 BILLING CODE 4910-13-P


