Airworthiness Directives; Zodiac Seats California LLC Seating Systems

[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)] [Rules and Regulations] [Pages 23723-23731] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2017-10256]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5595; Directorate Identifier 2015-NM-087-AD; Amendment 39-18871; AD 2017-09-09] RIN 2120-AA64

Airworthiness Directives; Zodiac Seats California LLC Seating Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain Zodiac Seats California LLC seating systems. This AD was prompted by a determination that the affected seating systems may cause serious injury to the occupant during forward impacts when subjected to certain inertia forces. This AD requires removing affected seating systems. We are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 28, 2017.

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-2016- 5595; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647- 5527) is Docket Management Facility, 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 Branch, ANM-150L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5344; fax: 562-627-5210; email: [email protected].

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 certain Zodiac Seats California LLC seating systems. The NPRM published in the Federal Register on April 20, 2016 (81 FR 23212) (``the NPRM''). The NPRM was prompted by a determination that the affected seating systems may cause serious injury to the occupant during forward impacts when subjected to certain inertia forces. The NPRM proposed to require removing affected seating systems. We are issuing this AD to prevent serious injury to the occupant during forward impacts in emergency landing conditions. After the NPRM comment period closed, we reopened the comment

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period to allow additional time for interested parties to comment on the NPRM (81 FR 41466, June 27, 2016).

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment.

Request To Withdraw the NPRM

The Industry Ad Hoc Committee (which consists of Bombardier, Embraer, HAECO Cabin Solutions, Zodiac Seats California, Zodiac Seats France, Zodiac Seats UK, and Zodiac Seats US) and Zodiac Seats California (commenting independently) questioned the basis for the requirements of the proposed AD. We infer they are requesting we withdraw the NPRM. The Industry Ad Hoc Committee and Zodiac Seats California stated the proposed AD is not supported on a technical basis and is based only on limited research. The Industry Ad Hoc Committee asked if there have been any aerospace incidents or accidents documenting the specific neck injuries being mitigated by the proposed AD. The Industry Ad Hoc Committee and Zodiac Seats California stated there has been no correlation to develop proper costs/benefits related to the type of injury mechanism specified in the NPRM with respect to actual accident injuries. The Industry Ad Hoc Committee and Zodiac Seats California cited multiple accidents where news and investigative reports from the accidents did not mention serious neck injuries. We do not agree to withdraw the NPRM. The intent of this AD is to provide a safe outcome for passengers during a survivable crash by preventing serious injuries, such as a transection of the neck during forward impacts in emergency landing conditions. We find that sufficient data exist to demonstrate that affected seating systems might cause serious injury to the occupant during forward impacts when subjected to certain inertia forces. We note that the commenters have identified several accidents that were survivable with seating systems that are not subject to this AD. The comparison of those seating systems to the ones identified in this AD is not valid. We have identified an unsafe condition and determined corrective action is required. Therefore, we have not revised this AD in this regard. We have provided additional details on the unsafe condition in the comment responses that follow.

Request To Revise Applicability To Exclude Seating Systems With a Certain Design

Zodiac Seats California requested that we exclude new seating systems that have been built with design solutions that remove the unsafe condition. Zodiac Seats California recommended that we refine table 1 to paragraphs (c), (g), (i), (j), and (k) of the proposed AD to further identify part numbers by specifying the part number, and then use parenthetical groups in order to segregate the part numbers for the redesigned seating systems. We agree because the redesigned seating systems are not affected by the identified unsafe condition. The redesigned seating systems have new part numbers. Table 1 to paragraphs (c), (g), (i), (j), and (k) of the proposed AD was based upon the Zodiac Seats California technical standard order (TSO) authorization. We have revised table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD by providing additional part number details to specify only those seats having the unsafe condition. Also, the part number format for model number 4170 in table 1 to paragraphs (c), (g), (i), (j), and (k) of the proposed AD has been revised to reflect the current format.

Request To Revise Applicability To Exclude Certain Part Numbers

Bombardier requested that we exclude certain parts from the applicability of the proposed AD. Bombardier stated that seats that do not have meal/food trays nor upper literature pockets, such as part numbers 41763002-( )-( ), 41765002-( )-( ), and 41767002-( )-( ), should be excluded. Bombardier stated that these seats are either: (1) Installed at a pitch range of 41 inches to 42 inches or a pitch of 45 inches, making it unlikely that a passenger seated behind this seat would be susceptible to neck injuries during forward impacts addressed in the proposed AD; or (2) are the last row in front of a bulkhead, and thus no passengers would ever impact the last row of seats when subjected to the forward impacts addressed in the proposed AD. Bombardier also recommended that the format of ``41XX( )-( )-( )'' be revised to ``41XXXXXXXX-( )-( ) to specify additional detail. We partially agree with the commenter's request. The initial installation controls the seating positions at a defined pitch range. However, table 1 to paragraphs (c), (g), (i), (j), and (k) of the proposed AD was established based on the TSO authorization of the seating systems and addresses both the initial installation and secondary market in which the seating system may have been modified after issuance of the type certificate. Therefore, we have revised paragraph (c) of this AD to exclude part numbers 41763002-( )-( ), 41765002-( )-( ), and 41767002-( )-( ), but only if the seats have not been modified to add a food tray or an upper literature pocket. We also revised the part number format in table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD to specify additional detail.

Request To Revise Applicability To Exclude Certain Parts Based on Installation Instructions

Zodiac Seats California requested that we exclude seats from the applicability of the proposed AD based on how they were originally installed. Zodiac Seats California stated that certain seats do not have the injurious condition cited in the NPRM due to how they were installed. Zodiac Seats California cited the following examples: Last row seats that do not have aft-mounted food tables; seats installed at pitches at 39.5 inches or greater; and seats installed at pitches greater than 41 inches that do not have aft-mounted food tables on the forward exit seat. Zodiac Seats California identified multiple part numbers that should be excluded. We do not agree. While the Zodiac Seats California ``Instructions for Installation and Limitations'' provides guidance for the installation of the seating systems, it is not mandatory that installers follow the guidance. The seats may be modified in the secondary market in which seat configurations and airplane interior installations may occur without Zodiac Seats California's or the airplane original equipment manufacturer's participation. Therefore, we cannot exclude seats based on the original installation. In addition, dynamic 16g head injury criteria (HIC) tests at a seat pitch of 39.5 inches using the FAA 50-percentile Hybrid II Anthropomorphic Test Device (ATD) may lead to the conclusion that the unsafe condition does not exist; however, the tests do not evaluate a range of occupants. We have not changed this AD in this regard.

Request To Revise Applicability To Exclude Seats on The Boeing Company Model MD-90-30 Airplanes

Zodiac Seats California requested that we revise the applicability of the proposed AD by excluding model number 4170 seats installed on The Boeing Company Model MD-90-30 airplanes. Zodiac Seats California stated

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that the MD-90-30 installation does not require 16g row-to-row HIC tests because Model MD-90-30 airplanes are not required to comply with 14 CFR 25.562(c)(5) and (c)(6). Delta Airlines (Delta) requested that we clarify whether the AD is applicable to Model MD-90-30 airplanes. We agree to clarify the applicability because seat model number 4170 includes a group of seating systems that share a design feature that does not provide occupant impact protection. Known installations include both Model MD-90-30 and Model 717-200 airplanes. Excluding Model MD-90-30 airplanes would put passengers on those airplanes at risk for a potential serious injury. In addition, compliance with FAA standards that are in place at the time of certification (including Model MD-90-30 certification requirements) does not preclude the possibility that an unsafe condition will be identified in the future, which is the case here. Paragraph (c) of this AD identifies affected seating systems, which are installed on, but not limited to, the airplanes identified in paragraphs (c)(1) through (c)(9) of this AD. Although Model MD-90-30 airplanes with affected seating systems are included in the applicability of this AD as a result of the phrase ``but not limited to,'' we have added this model to paragraph (c)(1) of this AD for clarification. The phrase ``but not limited to'' also covers any other aircraft that these seats may have been installed on via the secondary market, such as seats that have been excessed from one air carrier and put onto another airplane not identified in this AD via a supplemental type certificate or other installation approval method. These seating systems may cause serious injury to passengers during forward impacts when subjected to certain inertia forces; therefore, these seating systems are subject to the requirements of this AD.

Request To Revise Applicability To Include Components of Seating Systems

United Parcel Service (UPS) requested that we revise the applicability of the proposed AD to include airplanes with components of the affected seating systems installed. UPS stated that the applicability of the proposed AD affects all airplanes equipped with the seating systems identified in paragraph (c) of the proposed AD. UPS added that paragraph (k) of the proposed AD has requirements that affect additional airplanes, and proposed that the applicability should specify all airplanes that may have components of the subject seat systems installed. Delta stated that the language in paragraph (k) of the proposed AD places an excessive burden on operators that may use components as spares on other seating systems. We do not agree to change the applicability of this AD in this regard. However, we do agree to clarify the intent of paragraph (k) of this AD. Paragraph (k) only applies to airplanes affected by the applicability specified in paragraph (c) of this AD, i.e., airplanes on which affected seating systems are installed. Paragraph (k) of this AD does not prohibit installing components on airplanes that have seating systems that are not included in the applicability specified in paragraph (c) of this AD. We have not changed this AD in this regard.

Request To Revise Applicability to Exclude Seat Systems Having Part Number 4157x003-( )-( )

Embraer requested that we revise the applicability to exclude part number 4157x003-( )-( ). Embraer stated that part is no longer affected by the unsafe condition identified in the NPRM. We agree that part number 4157x003-( )-( ) is not affected by the identified unsafe condition. As stated previously, we have revised table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD to clearly identify affected parts; that table does not include part number 4157x003-( )-( ).

Request To Delay Issuance of the Proposed AD

Austrian Airlines AG (which consists of Air Dolomiti, Austrian Airlines, and Lufthansa CityLine) stated that no technical option (such as a technical modification from Zodiac Seats California) is included in the proposed AD to keep the system on the airplane after the 60- month time limit for eliminating the unsafe condition. We infer the commenter is requesting that we delay the proposed AD until a modification of affected seating systems is available. We do not agree with the commenter's request. We have determined that an unsafe condition exists and that the requirements in this AD are needed to address that unsafe condition. However, under the provisions of paragraph (l) of this AD, we will consider requests for approval of a modification of the seating system if sufficient data are submitted to substantiate that the modification would provide an acceptable level of safety. We have not changed this AD in this regard.

Request To Allow an Alternative Method of Compliance

Zodiac Seats California, SkyWest Airlines, and Delta requested that we allow modification of the seats via a Zodiac service bulletin. Skywest stated that paragraph (g) of the proposed AD only allows for the removal of the seats. Skywest stated that if the request cannot be added to the proposed AD, alternative methods of compliance (AMOCs) will be requested to be able to use service bulletins to modify the seats. Delta stated that Zodiac is developing a seating system design that removes the unsafe condition by modifying the seats. Zodiac Seats California proposed to add the implementation of eight service bulletins as a solution to the proposed AD requirements. Zodiac Seats California stated it has been working with the FAA's Los Angeles ACO to identify a solution that can be implemented on in-service seats. We acknowledge the work that Zodiac Seats California has done to address the identified unsafe condition on the affected seating systems. However, Zodiac Seats California has not developed design solutions to correct the unsafe condition for each of the seating systems (all relevant service bulletins have not been issued). Once all the service bulletins have been issued, we can determine if they adequately address the identified unsafe condition. We do not consider that delaying this action until after the release of the manufacturer's planned service information is warranted, since the actions required by this AD adequately address the unsafe condition. However, under the provisions of paragraph (l) of this AD, we will consider requests for approval of an AMOC if sufficient data are submitted to substantiate that the change would provide an acceptable level of safety. We have not changed this AD in this regard.

Request To Extend Compliance Time

Austrian Airlines AG requested that we allow more time for compliance. The commenter stated that additional time for compliance is needed so that suitable alternative seating systems could be procured and installed (i.e., time is needed for research and certification). We do not agree to extend the compliance time in this AD. Operators must comply with the actions in this AD within the compliance times specified in this AD in order to address the identified unsafe condition. The compliance times in this AD are based on the relative risk to safety resulting from non-compliance with 14 CFR

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25.785 and the identified unsafe condition. However, under the provisions of paragraph (l) of this AD, we will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that the new compliance time would provide an acceptable level of safety.

Request To Clarify the Determination of the Unsafe Condition for Previously Certified Seats

Austrian Airlines AG stated that the proposed AD does not mention why the Model 4157( )-( )-( ) seats were certified on Bombardier Inc. Model ``CRJ 900 airplanes'' and Embraer S.A. Model ERJ 190 airplanes about five years ago, but now do not fulfill FAA seat certification requirements. Zodiac Seats California stated that since the seats identified in table 1 to paragraphs (c), (g), (i), (j), and (k) of the proposed AD were certified prior to the FAA accepting ``Nij Are consistent with the intent that was proposed in the NPRM for correcting 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 AD.

Costs of Compliance

We estimate that this AD affects 10,482 seating systems installed on, but not limited to, various transport category airplanes of U.S. registry. We estimate the following costs to comply with this AD:

Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Removal............................... 1 work-hour x $85 per $0 $85 $890,970 hour = $85. ----------------------------------------------------------------------------------------------------------------

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.

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 that this AD: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under 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

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):

2017-09-09 Zodiac Seats California LLC: Amendment 39-18871; Docket No. FAA-2016-5595; Directorate Identifier 2015-NM-087-AD.

(a) Effective Date

This AD is effective June 28, 2017.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Zodiac Seats California LLC seating systems having the model numbers and part numbers identified in table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD, as installed on, but not limited to, the airplanes identified in paragraphs (c)(1) through (c)(9) of this AD; all type certificated models in any category; except that model number 4157 seating systems having part numbers 41763002-( )-( ), 41765002-( )-( ), and 41767002-( )-( ) that have not been modified to add a food tray or an upper literature pocket are not affected by this AD. If any model number 4157 having part number 41763002-( )-( ), 41765002-( )-( ), or 41767002-( )-( ) is modified to add a food tray or an upper literature pocket, the requirements of this AD apply. (1) The Boeing Company Model 717-200 airplanes and Model MD-90- 30 airplanes.

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(2) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes. (3) Bombardier, Inc. Model CL-600-2D24 (Regional Jet Series 900) airplanes. (4) Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. (5) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB- 145XR airplanes. (6) Embraer S.A. Model ERJ 170-100 LR airplanes. (7) Embraer S.A. Model ERJ 170-200 LR, and -200 STD airplanes. (8) Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes. (9) Embraer S.A. Model ERJ 190-200 LR airplanes.

Table 1 to Paragraphs (c), (g), (i), (j), and (k) of This AD--Affected Seating Systems ------------------------------------------------------------------------ Part No. (where x Model No. = 2, 3, 4, 5, 6, Description or 7) ------------------------------------------------------------------------ 4157.......................... 4157x001-( )-( ). Double Seat Assembly System. 4157.......................... 4157x002-( )-( ). Double Seat Assembly System. 4157.......................... 4158x001-( )-( ). Double Seat Assembly System. 4157.......................... 4158x002-( )-( ). Double Seat Assembly System. 4157.......................... 4175x001-( )-( ). Double Seat Assembly System. 4157.......................... 4175x002-( )-( ). Double Seat Assembly System. 4157.......................... 4176x001-( )-( ). Double Seat Assembly System. 4157.......................... 4176x002-( )-( ). Double Seat Assembly System. 4157.......................... 4177x001-( )-( ). Double Seat Assembly System. 4157.......................... 4177x002-( )-( ). Double Seat Assembly System. 4157.......................... 4178x001-( )-( ). Double Seat Assembly System. 4157.......................... 4178x002-( )-( ). Double Seat Assembly System. 4170.......................... 4169x001-( )-( ). Double Seat Assembly System. 4170.......................... 4170x001-( )-( ). Triple Seat Assembly System. 4170.......................... 4171x001-( )-( ). Single Seat Assembly System Exit Row. 4170.......................... 4172x001-( )-( ). Double Seat Assembly System Exit Row. 4184.......................... 4184x002-( )-( ). Double Seat Assembly System. ------------------------------------------------------------------------

(d) Subject

Air Transport Association (ATA) of America Code 2520, Passenger Compartment Equipment.

(e) Unsafe Condition

This AD was prompted by a determination that the affected seating systems may cause serious injury to the occupant during forward impacts when subjected to certain inertia forces. We are issuing this AD to prevent serious injury to the occupant during forward impacts in emergency landing conditions.

(f) Compliance

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

(g) Seating System Removal

Within 60 months after the effective date of this AD, remove all seating systems having a model number and part number identified in table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD.

(h) Definition of a ``Direct'' Spare

For the purposes of this AD, a ``direct'' spare has the same part number as the part it replaces.

(i) Parts Installation Limitations: Seating Systems

As of the effective date of this AD, no person may install on any airplane any Zodiac Seats California LLC seating systems having any model number and part number identified in table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD that are approved under technical standard order (TSO) TSO-C127a; except as specified in paragraphs (i)(1) and (i)(2) of this AD. (1) Seating systems may be removed from service for the purpose of performing maintenance activities and reinstalled on airplanes operated by the same operator, but only until the operator complies with the removal of affected seating systems required by paragraph (g) of this AD. (2) New seating systems may be installed as direct spares for the same part number seating systems, but only until the operator complies with the removal of affected seating systems required by paragraph (g) of this AD. Seating systems installed as direct spares are subject to the applicable requirements and compliance times specified in this AD.

(j) Parts Installation Provisions: Installation and Rearrangement

Installation of a seating system having any model number and part number identified in table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD, other than those installed as direct spares, is considered a new installation that needs approval; except that re- arrangement of the existing installed seating systems on an airplane is acceptable until the operator complies with the removal of affected seating systems required by paragraph (g) of this AD, provided the re-arrangement follows the same installation instructions and limitations as the original certification (e.g., if the original limitations allowed 32-inch to 34-inch pitch, the new layout must be pitched within that range).

(k) Parts Installation Prohibition: Components of Seating Systems

As of the effective date of this AD, no person may install, on any airplane, any component critical to the unsafe condition mechanism of any seating system having any model number identified in table 1 to paragraphs (c), (g), (i), (j), and (k) of this AD that is approved under TSO-C127a; except as specified in paragraphs (k)(1), (k)(2), and (k)(3) of this AD. Components critical to the unsafe condition mechanism are identified as the seat back assembly, including food tray assembly, food tray latch, food tray arms, hydraulic seat lock (hydrolock), and energy absorbing system. (1) Components critical to the unsafe condition mechanism of seating systems specified in paragraph (g) of this AD may be removed from service and re-installed on airplanes operated by the same operator, but only until the operator complies with the removal of affected seating systems required by paragraph (g) of this AD. (2) New components critical to the unsafe condition mechanism of seating systems may be installed as direct spares for the same part number components, but only until the operator complies with the removal of affected seating systems required by paragraph (g) of this AD. (3) Components critical to the unsafe condition mechanism of seating systems specified in paragraph (g) of this AD that are installed as direct spares are subject to the applicable requirements and compliance times specified in paragraph (g) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Los Angeles Aircraft Certification Office (ACO), 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 ACO, send it to the attention of the person identified in paragraph (m) of this AD. Information may be emailed to: [email protected]. (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.

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(m) Related Information

For more information about this AD, contact Patrick Farina, Aerospace Engineer, Cabin Safety Branch, ANM-150L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562- 627-5344; fax: 562-627-5210; email: [email protected].

(n) Material Incorporated by Reference

None.

Issued in Renton, Washington, on April 27, 2017. Paul Bernado, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-10256 Filed 5-23-17; 8:45 am] BILLING CODE 4910-13-P