Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Geven, Type D1-02 and D1-03 seat assemblies. The NPRM published in the Federal Register on July 14, 2017 (82 FR 32494). The NPRM was prompted by a report that seat belt attachment bolts were found detached or partially detached from the seat. The NPRM proposed to require inspection, torque verification, and modification of certain model seats. We are issuing this AD to address the unsafe condition on these products.
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2014-0187, dated August 20, 2014 (referred to after this as ``the MCAI''), to address the unsafe condition on these products. The MCAI states:
An operator reported that seat belt attachment bolts were found detached or partially detached from the seat. A furthercheck on several aeroplanes revealed that on a large number of seats of the same model, the seat belt attachment bolts were not properly torqued and secured as defined. This condition, if not detected and corrected, could lead to failure of the seats to perform their intended function, possibly resulting in injury to occupants in case of an emergency landing. To address this potential unsafe
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condition, Geven published SB No. D103-25-004 to provide inspection instructions to verify if the seat belt attachment bolts are properly torqued and secured, and correction of any deficiencies. In addition, for certain D1-03 seats, the SB provides instructions to modify the seat belt attachment assembly. For the reasons described above, this EASA AD requires a one-time inspection of all safety belt attachment bolts and, depending on findings, accomplishment of the applicable corrective action(s). This EASA AD also requires modification of the seat belt attachment assembly oncertain D1-03 seats.
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-2017-0504.
Comments
We gave the public the opportunity to participate in developing this final rule. We received no comments on the NPRM or on the determination of the cost to the public.
Clarification to the Number of Affected Airplanes
Since we issued the NPRM, we determined that we needed to identify the specific number of affected Avions de transport regional (ATR) 42 and ATR 72 airplanes rather than list the overall number of airplanes that are affected. The estimated costs have not changed.
Clarification to Required Actions
We also determined that the compliance in the NPRM was not clear as to which Geven seats required modification and which required bushing replacement. We have clarified the Required Actions in this AD. Additionally, all Geven Type D1-02and D1-03 safety belt assemblies are torque checked, but, only Geven Type D1-03 seat belt attachment assemblies on the aisle side spreader must be modified.
Clarification of Service Information Reporting Requirements
We also determined that Geven Service Bulletin (SB) No. D103-25- 004, Revision 4, dated March 15, 2016, specifies to submit certain information to the manufacturer. This AD does not include that requirement.
Conclusion
We 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. We have 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
We reviewed Geven SB No. D103-25-004, Revision 4, dated March 15, 2016. TheSB describes procedures for inspection, torque verification, and modification of certain model seats known to be installed on ATR 42 and ATR 72 airplanes. 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 an unknown number of seat assemblies installed on, but not limited to, 25 ATR 42 airplanes and 13 ATR 72 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 modification--ATR 42.......... 1.5 work-hours x $85 per $302 $429.50 $10,737.50
hour = $127.50. Torque check--ATR 42............... 0.8 work-hours x $85 per 0 68.00 1,700.00
hour = $68.00. Seat modification--ATR 72.......... 2.3 work-hours x $85 per 368 563.50 7,325.50
hour = $195.50. Seat remove and replace--ATR 72.... 1.2 work-hours x $85 per 0 102.00 1,326.00
hour = $102.00. ----------------------------------------------------------------------------------------------------------------
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 theCompliance 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.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.