AD 94-21-06

This amendment adopts a new airworthiness directive (AD), applicable to certain Pacific Scientific lap belt assemblies and restraint systems, that requires removal of certain lap belt assemblies and restraint systems, and replacement with a differently designed assembly. This amendment is prompted by a report indicating that, subsequent to an accident involving a transport category airplane, some passengers experienced difficulty in attempting to release the buckle on their lap belts. The actions specified by this AD are intended to prevent the inability of passengers or crew to egress from their seats during an emergency situation, due to problems associated with the lap belt assembly.

Final rule.

94-21-06 PACIFIC SCIENTIFIC COMPANY, HTL/KIN-TECH DIVISION: Amendment 39-9048. Docket 94-NM-73-AD.

Applicability: Lap belt assemblies and restraint systems, as listed in Pacific Scientific Service Bulletin 1108435-25-01, dated April 28, 1994, and Pacific Scientific Service Bulletin 1108460-25-01, dated April 28, 1994; as installed on aircraft and rotorcraft, certificated in any category.

Compliance: Required as indicated, unless accomplished previously.

To prevent the inability of passengers or crew to egress from their seats during an emergency situation, due to problems associated with the lap belt assembly, accomplish the following:

(a) Within 90 days after the effective date of this AD, remove the applicable lap belt assemblies and restraint systems, and replace them with new design assemblies in accordance with Pacific Scientific Service Bulletin 1108435-25-01, dated April 28, 1994, or Pacific Scientific Service Bulletin 1108460-25-01, dated April 28, 1994, as applicable.

(b) As of a date 90 days after the effective date of this AD, no person shall install on any aircraft or rotorcraft a passenger or crew lap belt or restraint system (as listed in Pacific Scientific Service Bulletin 1108435-25-01, dated April 28, 1994, and Pacific Scientific Service Bulletin 1108460-25-01, dated April 28, 1994) that incorporates the part number 1108435 "45 degrees" release lift lever buckle assembly, or the part number 1108460 "90 degrees" release lift lever buckle assembly.

(c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO.

NOTE: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO.

(d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

(e) The removal and replacement shall be done in accordance with Pacific Scientific Service Bulletin 1108435-25-01, dated April 28, 1994, or Pacific Scientific Service Bulletin 1108460-25-01, dated April 28, 1994, as applicable. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Pacific Scientific, HTL/KIN-TECH Division, 22715 Savi Ranch Parkway, Yorba Linda, California 92687. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, 3229 East Spring Street, Long Beach, California; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on November 25, 1994.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Pacific Scientific lap belt assemblies and restraint systems was published in the Federal Register on May 31, 1994 (59 FR 28031). That action proposed to require the removal of certain lap belt assemblies and restraint systems, and replacement with another design assembly.

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.

Two commenters support the proposal.

One commenter supports the intent of the proposal, but suggests that it should have been issued as an immediately adopted rule, without prior notice and time for public comment. The commenter considers that the subject lap belts pose a serious and immediate threat to passengers and crew who could encounter difficulties in releasing the belts during an emergency situation. The FAA does not concur with the commenter's suggestion. In developing this rule and its associated compliance time, the FAA considered not only the degree of urgency associated with addressing the subject unsafe condition, but the availability of necessary parts and the practical aspect of accomplishing the required actions during normal maintenance schedules. Additionally, the FAA considered the fact there has been no adverse service history within the last two years related to the 27,000 subject belts currently in service. In light of all of these items, the FAA could not find that it was impracticable to provide for prior notice and time for public comment on the rule.

After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed.

There are approximately 27,002 lap belts of the affected design installed in aircraft and rotorcraft worldwide. The FAA estimates that, of this number, approximately 10,000 are be installed on U.S. registered aircraft and rotorcraft. It will take approximately .5 work hour per lap belt to accomplish the required actions, at an average labor rate of $55 per work hour. Required parts will be supplied by Pacific Scientific Company at no cost to operators. Based on these figures, the total cost impact of this AD on U.S. operators is estimated to be $275,000, or $27.50 per lap belt.

The total cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted.

The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the variouslevels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the AmendmentAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C. 106(g); and 14 CFR 11.89.

39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: