Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats, 14041-14043 [2019-06985]

Download as PDF Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules (2) For more information about this AD, contact Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3218. Issued in Des Moines, Washington, on April 1, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–06794 Filed 4–8–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0129; Product Identifier 2019–NE–01–AD] RIN 2120–AA64 Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain B/E Aerospace Fischer GmbH Common Seats 170/260 H160. This proposed AD was prompted by the discovery during testing that the energy absorber (EA) may not function as intended during emergency landing. This proposed AD would require removing and replacing the EA assemblies on the affected seats. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by May 24, 2019. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202 493 2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12 140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact B/E Aerospace Fischer GmbH, Mu¨ller-Armack-Str. 4, amozie on DSK9F9SC42PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:21 Apr 08, 2019 Jkt 247001 D–84034 Landshut, Germany; phone: +49 (0) 871 93248–0; fax:+49 (0) 871 93248–22; email: spares@fischerseats.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. Examining the AD Docket You may examine the AD docket on the internet at https://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 NPRM, the mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800–647– 5527) is listed above. Comments will be available in the AD docket shortly after receipt. 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: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2019–0129; Product Identifier 2019– NE–01–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this NPRM. Discussion 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: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 14041 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 https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0129. Related Service Information Under 1 CFR Part 51 We 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. FAA’s Determination This product has been approved by EASA and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all the relevant information provided by EASA and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require removing and replacing the EA assemblies on the affected common seats. Costs of Compliance We estimate that this proposed AD affects 341 common seats installed on aircraft of U.S. registry. We estimate the following costs to comply with this proposed AD: E:\FR\FM\09APP1.SGM 09APP1 14042 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules ESTIMATED COSTS Inspect to determine if re-work has been accomplished. Replace EA Assembly .................................... 0.2 work-hours × $85 per hour = $17 ............ $0 $17 $5,797 3 work-hours × $85 per hour = $255 ............. 10,000 10,255 3,496,955 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 We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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. VerDate Sep<11>2014 17:21 Apr 08, 2019 Jkt 247001 Parts cost Cost on U.S. operators Labor cost According to the manufacturer, some of the costs of this proposed 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. amozie on DSK9F9SC42PROD with PROPOSALS Cost per product Action For the reasons discussed above, I certify this proposed regulation: (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. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ B/E Aerospace Fischer GmbH: Docket No. FAA–2019–0129; Product Identifier 2019–NE–01–AD. (a) Comments Due Date We must receive comments by May 24, 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 Espan˜a S.A.) EC135 and EC635 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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. We are 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. SB01718–004, 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. SB01718– 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 E:\FR\FM\09APP1.SGM 09APP1 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Proposed Rules 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. (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 https://www.regulations.gov by searching for and locating it in Docket No. FAA–2019–0129. (3) For service information identified in this AD, contact B/E Aerospace Fischer GmbH, Mu¨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 referenced 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. Issued in Burlington, Massachusetts, on September 4, 2019. Karen M. Grant, Acting Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2019–06985 Filed 4–8–19; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1205 [Docket No. CPSC–2019–0007] Petition Requesting Rulemaking To Amend Safety Standard for WalkBehind Power Lawn Mowers Consumer Product Safety Commission. ACTION: Proposed rule. AGENCY: The U.S. Consumer Product Safety Commission (CPSC) received a petition from the Outdoor Power Equipment Industry (petitioner, or OPEI), requesting a revision to the warning label requirement for the Safety Standard for Walk-Behind Power Lawn Mowers. The CPSC invites written comments concerning this petition. DATES: Submit comments by June 10, 2019. amozie on DSK9F9SC42PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:21 Apr 08, 2019 Jkt 247001 Submit comments, identified by Docket No. CPSC–2019– 0007, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. The CPSC does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written comments by mail/hand delivery/ courier to: Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change to https:// www.regulations.gov, including any personal identifiers, contact information, or other personal information provided. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted by mail/hand delivery/courier. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, insert docket number CPSC–2019–0007 into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Rocky Hammond, Division of the Secretariat, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301– 504–6833; email: RHammond@cpsc.gov. SUPPLEMENTARY INFORMATION: On February 19, 2019, OPEI submitted a petition to the CPSC to initiate rulemaking to revise the warning requirement for the Safety Standard for Walk-Behind Power Lawn Mowers codified at 16 CFR part 1205 (CPSC standard). Specifically, OPEI requests that the Commission amend the CPSC standard to allow for a pictorial-only warning as an alternative to the warning label for reel-type and rotary power mowers required by 16 CFR 1205.6(a) (Figure 7). According to OPEI, a pictorial-only warning will help provide consumers with understandable, nonlanguage warnings to improve consumer safety and also modernize and globally ADDRESSES: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 14043 harmonize the warning for all consumers. OPEI contends that the petition seeks a limited, non-material change to the CPSC standard. By this notice, CPSC seeks comments concerning this petition. The petition is available at: https://www.regulations.gov, under Docket No. CPSC–2019–0007, Supporting and Related Materials. Alternatively, interested parties may obtain a copy of the petition by writing or calling the Division of the Secretariat, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–6833. Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2019–06841 Filed 4–8–19; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 791 RIN 1235–AA26 Joint Employer Status Under the Fair Labor Standards Act Wage and Hour Division, Department of Labor. ACTION: Notice of proposed rulemaking and request for comments. AGENCY: This proposed rulemaking is intended to update and clarify the Department of Labor’s (Department) interpretation of joint employer status under the Fair Labor Standards Act (FLSA or Act), which has not been significantly revised in over 60 years. The proposed changes are designed to promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy. DATES: Submit written comments on or before June 10, 2019. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 1235–AA26, by either of the following methods: Electronic Comments: Submit comments through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. Mail: Address written submissions to Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S– 3502, 200 Constitution Avenue NW, Washington, DC 20210. Instructions: Please submit only one copy of your comments by only one method. All SUMMARY: E:\FR\FM\09APP1.SGM 09APP1

Agencies

[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14041-14043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06985]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0129; Product Identifier 2019-NE-01-AD]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain B/E Aerospace Fischer GmbH Common Seats 170/260 H160. This 
proposed AD was prompted by the discovery during testing that the 
energy absorber (EA) may not function as intended during emergency 
landing. This proposed AD would require removing and replacing the EA 
assemblies on the affected seats. We are proposing this AD to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by May 24, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202 493 2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12 140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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: 
[email protected]. 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.

Examining the AD Docket

    You may examine the AD docket on the internet at https://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 NPRM, the mandatory continuing airworthiness information (MCAI), 
the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket 
shortly after receipt.

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: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0129; 
Product Identifier 2019-NE-01-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this NPRM.

Discussion

    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 https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0129.

Related Service Information Under 1 CFR Part 51

    We 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.

FAA's Determination

    This product has been approved by EASA and is approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Community, EASA has notified us of the unsafe 
condition described in the MCAI and service information referenced 
above. We are proposing this AD because we evaluated all the relevant 
information provided by EASA and determined the unsafe condition 
described previously is likely to exist or develop in other products of 
the same type design.

Proposed AD Requirements

    This proposed AD would require removing and replacing the EA 
assemblies on the affected common seats.

Costs of Compliance

    We estimate that this proposed AD affects 341 common seats 
installed on aircraft of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 14042]]



                                                 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.
Replace EA Assembly...................  3 work-hours x $85 per            10,000          10,255       3,496,955
                                         hour = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

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

(a) Comments Due Date

    We must receive comments by May 24, 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. We are 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. SB01718-004, 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. SB01718-004 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

[[Page 14043]]

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.

(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: 
[email protected].
    (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 https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2019-0129.
    (3) For 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: [email protected]. You may view this referenced 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.

    Issued in Burlington, Massachusetts, on September 4, 2019.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft 
Certification Service.
[FR Doc. 2019-06985 Filed 4-8-19; 8:45 am]
BILLING CODE 4910-13-P


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