Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Zodiac Seats France 536-Series Cabin Attendant Seats. The NPRM published in the Federal Register on September 14, 2018 (83 FR 46679). The NPRM was prompted by potential risk of premature corrosion on the seat structure and clamps. The NPRM proposed to require inspection and modification of all Zodiac Seats France 536-Series Cabin Attendant Seats. We are 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 2016-0167R1, dated February 2, 2018 (corrected March 1, 2018), to address the unsafe condition on these products. The MCAI states:
Cases of corrosion and cracks were found on Zodiac Seats France CAS 536 rear cabin attendant seats installed on some ATR 42 andATR 72 aeroplanes. The detected damage was located on the lower parts of the attendant seat, at the level of the seat-to-floor interface.
This condition, if not detected and corrected, could lead to failure of the seat occupied by the cabin attendant, possibly resulting in injury to the seat occupant.
To address this potential unsafe condition, Zodiac Seats France issued Service Bulletin (SB) No. 536-25-002 to provide inspection instructions.
Consequently, EASA issued AD 2016-0167, requiring repetitive inspections of the affected attendant seats, and, depending on findings, accomplishment of the temporary corrective action(s). Since that AD was issued, Zodiac Seats France developed a solution preventing this kind of damage and published SB No. 536-25-004, providing instructions for modification and re-identification of affected seats.
For the reason described above, this [EASA] AD is revised to include reference to an optional terminating action.
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-2017-0839.
Addition of Optional Terminating Action
Since EASA issued its AD No. 2016-0167, dated August 17, 2016, Zodiac Seats France developed a solution preventing the type of corrosion and cracks identified in that EASA AD and published SB No. 536-25-004, Rev. 0, dated October 19, 2017, which provides instructions for modification and re-identification of the affected seats. EASA subsequently revised its AD 2016-0167 with the publication of AD No. 2016-0167R1, dated February 2, 2018 (corrected March 1, 2018). In the NPRM, we had referenced EASA AD 2016-0167, dated August 17, 2016, but are now updating this reference in our final rule AD to EASA AD No. 2016-0167R1. We are also revising our AD to include the optional terminating action identified in EASA AD 2016-0167R1.
Revision to Costs of Compliance Section
We revisedthe Costs of Compliance section by removing the estimated costs for replacement of parts (seat structures) and adding On-condition costs for replacement of parts (seat structures). We have no way of estimating how many parts would require replacement.
Comments
We gave the public the opportunity to participate in developing this final rule. The following presents the comment received on the NPRM and the FAA's response to each comment.
Request To Revise Compliance
An individual commenter noted that in an attempt to address and correct the issue of premature corrosion and cracks on Zodiac Seats France 536 series cabin attendant seats, this NPRM would require that these seats be inspected and modified regularly to detect corrosion. The commenter disagreed with this proposal because it fails to eliminate completely the known safety hazard. The commenter reasoned that regular inspection would increase the chances of detecting the corrosion, but would not fix the issueswith the seats.
The commenter also argued that the cost of inspecting all 55 [cabin attendant] seats aboard the two aircraft models that use these seats outweighs the cost of seat replacement. The commenter indicated this airworthiness directive should require operators to replace all seats that possibly have this known safety risk of corrosion and cracks. The commenter reasoned that this will not only save the operator time, not having to down an aircraft every three months for the [cabin attendant] seats inspections, but also eliminate the risks of seat failure from corrosion and cracks.
We disagree with requiring replacement of the affected cabin attendant seats. The unsafe condition referenced in this AD is represented by the possible failure of the seat occupied by the cabin attendant, which could result in injury to the cabin attendant. The requirements of this AD adequately address this unsafe condition. We have, however, added an optional terminating
[[Page 14598]]action section to this AD to be consistent with EASA AD 2016-0167R1, dated February 2, 2018 (corrected March 1, 2018). This optional terminating action section allows operators to replace the seat's structure instead of continuing inspections.
Conclusion
We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule with the change described previously and minor editorial changes. We have determined that these minor changes:
[Agr]re 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.
We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.
Related Service Information Under 1 CFR Part 51
We reviewed Zodiac Seats France SB No. 536-25-002, Revision 3, dated November 2, 2016. This SB describes procedures for inspection, repair, or replacement of the seat structure and clamps known to be installed on the main structure. We also reviewed Zodiac Seats France SB No. 536-25-004, Rev. 0, dated October 19, 2017. This SB allows operators to replace the seat structure instead of continuing inspections. 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
We estimate that this AD affects 55 seat structures installed on, but not limited to, ATR 42 and ATR 72 model 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 ---------------------------------------------------------------------------------------------------------------- Seat inspection, visual (on-wing)..... 0.2 work-hours x $85 per $0 $17 $935
hour = $17. Seat inspection, (shop visit)......... 0.5 work-hours x $85 per 0 42.50 2,337.50
hour = $42.50. ----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary part replacements that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these replacements:
On-Condition Costs ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement of parts.......................... 2 work-hours x $85 per hour = $2,000 $2,170
$170. ----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some of the costs of this 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
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) 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.