Airworthiness Directives; AmSafe Inc. Seatbelts

Published date30 July 2019
Record Number2019-16127
SectionProposed rules
CourtFederal Aviation Administration
Federal Register, Volume 84 Issue 146 (Tuesday, July 30, 2019)
[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
                [Proposed Rules]
                [Pages 36843-36844]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-16127]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 /
                Proposed Rules
                [[Page 36843]]
                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                14 CFR Part 39
                [Docket No. FAA-2019-0021; Product Identifier 2018-NM-038-AD]
                RIN 2120-AA64
                Airworthiness Directives; AmSafe Inc. Seatbelts
                AGENCY: Federal Aviation Administration (FAA), DOT.
                ACTION: Proposed rule; withdrawal.
                -----------------------------------------------------------------------
                SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM)
                that proposed to adopt a new airworthiness directive (AD) that would
                have applied to all AmSafe Inc. seatbelts, as installed in, but not
                limited to, various airplanes and rotorcraft. The NPRM was prompted by
                reports of multiple failed keepers on seatbelt hook assemblies. The
                NPRM would have required an inspection for affected parts, repetitive
                general visual inspections of the seatbelt hook assembly for damage,
                repetitive functional checks, and replacement of all affected parts.
                Since issuance of the NPRM, the FAA has determined that a significant
                portion of the affected seatbelt hook assemblies have been replaced.
                The FAA has also determined that the majority of the affected parts
                have exceeded their typical replacement cycle and are likely no longer
                in service. The FAA performed a new risk assessment based on this data
                and determined there is now an acceptable level of risk. Accordingly,
                the NPRM is withdrawn.
                DATES: The FAA is withdrawing the proposed rule published February 22,
                2019 (84 FR 5620), as of July 30, 2019.
                ADDRESSES:
                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-2019-
                0021; 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 AD action, the regulatory evaluation, any comments received, and
                other information. The street address for Docket Operations (telephone
                800-647-5527) is U.S. Department of Transportation, Docket Operations,
                M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
                SE, Washington, DC 20590.
                FOR FURTHER INFORMATION CONTACT: Patrick Farina, Aerospace Engineer,
                Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO
                Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
                627-5344; fax: 562-627-5210; email: [email protected].
                SUPPLEMENTARY INFORMATION:
                Discussion
                 The FAA issued an NPRM that proposed to amend 14 CFR part 39 by
                adding an AD that would apply to the specified products. The NPRM was
                published in the Federal Register on February 22, 2019 (84 FR 5620).
                The NPRM was prompted by reports of multiple failed keepers on seatbelt
                hook assemblies.
                 The NPRM proposed to require an inspection for affected parts,
                repetitive general visual inspections of the seatbelt hook assembly for
                damage, repetitive functional checks, and replacement of all affected
                parts. The proposed actions were intended to address failed keepers on
                seatbelt hook assemblies, and remove the risk of future failures by a
                timed removal. Failure of keepers on seatbelt hook assemblies, if not
                addressed, could result in the seatbelt disengaging from and detaching
                from the seat structure under certain conditions, and could result in
                injury to passengers or flightcrew.
                Actions Since the NPRM Was Issued
                 Since issuance of the NPRM, the FAA has determined that at least 31
                percent of the affected seatbelt hook assemblies have been replaced.
                The FAA has also determined that the majority of the affected parts
                have exceeded their typical replacement cycle and are likely no longer
                in service. The FAA performed a new risk assessment based on this data
                and determined there is now an acceptable level of risk. The FAA has
                also determined that the remaining parts will eventually be replaced as
                specified in the applicable component maintenance manual (CMM), which
                will eliminate the risk. Therefore, the FAA has determined that AD
                action is not appropriate.
                 Withdrawal of the NPRM constitutes only such action and does not
                preclude the FAA from further rulemaking on this issue, nor does it
                commit the FAA to any course of action in the future.
                Comments
                 The FAA gave the public the opportunity to comment on the NPRM. The
                following presents the comments received on the NPRM and the FAA's
                response to each comment.
                Support for the NPRM
                 The Air Line Pilots Association, International (ALPA), Dominic
                Savino, and FedEx indicated their support for the NPRM.
                Request To Withdraw the NPRM
                 AmSafe requested that the FAA withdraw the NPRM. The commenter
                suggested that the proposed AD is overly broad and unnecessary based on
                the number of affected parts in service. AmSafe stated that it has
                confirmed the return or replacement of 67,000 affected parts, or 31
                percent of the total affected parts. AmSafe further noted that the
                majority of the affected seatbelts not already collected by AmSafe were
                placed in service five to eight years ago and are likely no longer in
                service, based on an industry average three year replacement cycle for
                seatbelts. AmSafe added that it is in the process of replacing almost
                4,500 affected parts for Japan Airlines and it has confirmed that all
                affected parts on Alaska Airlines and KLM Royal Dutch Airlines aircraft
                have been replaced. AmSafe further added that American Airlines has
                reported having only one airplane with affected parts, and none of
                those parts were observed to be damaged. AmSafe observed that these
                operators represent the largest users of the affected parts in the
                industry. AmSafe stated that the failure of a keeper itself will not
                result in injury to passengers or flightcrew. AmSafe added that the
                potential for injury exists only under accident conditions where the
                hook is not properly restrained. AmSafe also suggested that the data
                used to support the proposed AD incorrectly assumes a higher rate of
                damaged parts than really
                [[Page 36844]]
                exist, because the damaged parts have been found only in cases where
                the keeper is located above the seat cushion. AmSafe requested that the
                FAA perform a new risk analysis based on the data it provided. AmSafe
                suggested that it could report additional replacements or findings of
                damaged units to the FAA as they become available. AmSafe concluded
                that the NPRM was no longer needed and should be withdrawn.
                 The FAA agrees with the commenter's request. Based on the data
                AmSafe provided, the FAA performed a new risk assessment. This new
                assessment has allowed the agency to determine that the unsafe
                condition has been reduced to represent an acceptable risk. The FAA
                also expects the remaining risk to be eliminated as the affected parts
                are replaced.
                FAA's Conclusions
                 Upon further consideration, the FAA has determined that the NPRM is
                unnecessary. Accordingly, the NPRM is withdrawn.
                Regulatory Findings
                 Since this action only withdraws an NPRM, it is neither a proposed
                nor a final rule. This action therefore is not covered under Executive
                Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies
                and Procedures (44 FR 11034, February 26, 1979).
                List of Subjects in 14 CFR Part 39
                 Air transportation, Aircraft, Aviation safety, Incorporation by
                reference, Safety.
                The Withdrawal
                0
                Accordingly, the notice of proposed rulemaking, Docket No. FAA-2019-
                0021, which was published in the Federal Register on February 22, 2019
                (84 FR 5620), is withdrawn.
                 Issued in Des Moines, Washington, on July 23, 2019.
                Dionne Palermo,
                Acting Director, System Oversight Division, Aircraft Certification
                Service.
                [FR Doc. 2019-16127 Filed 7-29-19; 8:45 am]
                 BILLING CODE 4910-13-P
                

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