DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1019; Product Identifier 2018-NE-05-AD; Amendment
39-19622; AD 2019-08-01]
RIN 2120-AA64

Airworthiness Directives; RECARO Aircraft Seating GmbH & Co. KG

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
RECARO Aircraft Seating GmbH & Co. KG (RECARO) Model 3510A and 3510D
passenger seats. This AD requires modification and re-identification of
all affected RECARO model passenger seats. This AD was prompted by an
analysis that the affected RECARO model passenger seats contain a seat
pan assembly design that can trap a person using the seat to assist
during an emergency evacuation. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective May 21, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 21, 2019.
We must receive comments on this AD by June 20, 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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
RECARO Aircraft Seating GmbH & Co. KG, Daimlerstrasse 21, 74523
Schwabisch Hall, Germany; phone: 49 791 503 7855; fax: 49 791 503 7935;
email:technical.support@recaro-as.com. You may view this service
information at the FAA, Engine & Propeller Standards Branch, 1200
District Avenue, Burlington, MA, 01803. For information on the
availability of this material at the FAA, call 781-238-7759. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-1019.

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-2018-
1019; 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 final rule, 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:

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 2017-0192, dated September 28, 2017 (referred to after
this as ``the MCAI''), to address an unsafe condition for the specified
products. The MCAI states:

Analyses and test results have shown that the seat pan design of
certain RECARO model 3510A and 3510D passenger seats, when installed
next to a Type III over-wing emergency exit, is insufficiently
stable to sustain the loads applied by a person who would use the
seat as assistance means in case of an emergency evacuation. Body
parts (e.g., knees and feet) could slide through and get trapped.
This condition, if not corrected, could restrict or significantly
delay an emergency evacuation, possibly resulting in injury to
occupants.
To address this potential unsafe condition, RECARO issued SB
3510-25-609, SB 3510-25-752 and SB 3510-25-753, providing
modification instructions to replace the seat pan and/or pan
attachment package with a new one, that has a more robust design,
and to re-identify modified seats with a different P/N.
For the reasons described above, this [EASA] AD requires
modification of the affected seats and prohibits installation of any
unmodified seat.

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-2018-1019.

Related Service Information Under 1 CFR Part 51

We reviewed RECARO Service Bulletin (SB) No. 3510-25-609, Original
Issue, dated June 20, 2016; RECARO SB No. 3510-25-752, Original Issue,
dated May 20, 2016; and RECARO SB No. 3510-25-753, Original Issue,
dated June 23, 2016. RECARO SB No. 3510-25-609 describes procedures for
removing the straps and installing two additional cable ties on the
seat pan. RECARO SB No. 3510-25-752 describes procedures for removing
the straps and replacing the seat pan assembly. RECARO SB No. 3510-25-
753 describes procedures for removing the straps and installing a new
seat pan assembly or installing two additional cable ties. 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 issuing 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.

AD Requirements

This AD requires modification and re-identification of all affected
RECARO model passenger seats.

FAA's Justification and Determination of the Effective Date

No domestic operators use this product. Therefore, we find good
cause that notice and opportunity for prior public comment are
unnecessary. In addition, for the reason stated above, we find that
good cause exists for making this amendment effective in less than 30
days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
1019 and Product Identifier 2018-NE-05-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.

Costs of Compliance

We estimate that this AD affects no aircraft seats installed on
airplanes of U.S. registry.
We estimate the following costs to comply with this AD:

Estimated Costs

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.

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):