Airworthiness Directives; Pacific Scientific Company, HTL/KIN- TECH Division, Lap Belt Assemblies and Restraint Systems

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 94-NM-73-AD; Amendment 39-9048; AD 94-21-06]

Airworthiness Directives; Pacific Scientific Company, HTL/KIN-

TECH Division, Lap Belt Assemblies and Restraint Systems

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

applicable to certain Pacific Scientific lap belt assemblies and

restraint systems, that requires removal of certain lap belt assemblies

and restraint systems, and replacement with a differently designed

assembly. This amendment is prompted by a report indicating that,

subsequent to an accident involving a transport category airplane, some

passengers experienced difficulty in attempting to release the buckle

on their lap belts. The actions specified by this AD are intended to

prevent the inability of passengers or crew to egress from their seats

during an emergency situation, due to problems associated with the lap

belt assembly.

DATES: Effective November 25, 1994.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of November 25, 1994.

ADDRESSES: The service information referenced in this AD may be

obtained from Pacific Scientific, HTL/KIN-TECH Division, 22715 Savi

Ranch Parkway, Yorba Linda, California 92687. This information may be

examined at the Federal Aviation Administration (FAA), Transport

Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles Aircraft Certification Office,

the Office of the Federal Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Layton Walker, Aerospace Engineer,

Systems & Equipment Branch, ANM-130L, Los Angeles Aircraft

Certification Office, FAA, Transport Airplane Directorate, 3229 East

Spring Street, Long Beach, California 90806-2425; telephone (310) 988-

5339; fax (310) 988-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to include an airworthiness

directive (AD) that is applicable to certain Pacific Scientific lap

belt assemblies and restraint systems was published in the Federal

Register on May 31, 1994 (59 FR 28031). That action proposed to require

the removal of certain lap belt assemblies and restraint systems, and

replacement with another design assembly.

Interested persons have been afforded an opportunity to participate

in the making of this amendment. Due consideration has been given to

the comments received.

Two commenters support the proposal.

One commenter supports the intent of the proposal, but suggests

that it should have been issued as an immediately adopted rule, without

prior notice and time for public comment. The commenter considers that

the subject lap belts pose a serious and immediate threat to passengers

and crew who could encounter difficulties in releasing the belts during

an emergency situation. The FAA does not concur with the commenter's

suggestion. In developing this rule and its associated compliance time,

the FAA considered not only the degree of urgency associated with

addressing the subject unsafe condition, but the availability of

necessary parts and the practical aspect of accomplishing the required

actions during normal maintenance schedules. Additionally, the FAA

considered the fact there has been no adverse service history within

the last two years related to the 27,000 subject belts currently in

service. In light of all of these items, the FAA could not find that it

was impracticable to provide for prior notice and time for public

comment on the rule.

After careful review of the available data, including the comments

noted above, the FAA has determined that air safety and the public

interest require the adoption of the rule as proposed.

There are approximately 27,002 lap belts of the affected design

installed in aircraft and rotorcraft worldwide. The FAA estimates that,

of this number, approximately 10,000 are to be installed on U.S.

registered aircraft and rotorcraft. It will take approximately .5 work

hour per lap belt to accomplish the required actions, at an average

labor rate of $55 per work hour. Required parts will be supplied by

Pacific Scientific Company at no cost to operators. Based on these

figures, the total cost impact of this AD on U.S. operators is

estimated to be $275,000, or $27.50 per lap belt.

The total cost impact figure discussed above is based on

assumptions that no operator has yet accomplished any of the

requirements of this AD action, and that no operator would accomplish

those actions in the future if this AD were not adopted.

The regulations adopted herein will not have substantial direct

effects 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. Therefore, in

accordance with Executive Order 12612, it is determined that this final

rule does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (1) is

not a ``significant regulatory action'' under Executive Order 12866;

(2) is not a ``significant rule'' under DOT Regulatory Policies and

Procedures (44 FR 11034, February 26, 1979); and (3) 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. A final evaluation has been prepared for this action

and it is contained in the Rules Docket. A copy of it may be obtained

from the Rules Docket at the location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by

reference, Safety.

Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me by the

Administrator, the Federal Aviation Administration amends part 39 of

the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C.

106(g); and 14 CFR 11.89.

39.13 [Amended]

2. Section 39.13 is amended by adding the following new

airworthiness directive:

94-21-06 Pacific Scientific Company, HTL/KIN-Tech Division:

Amendment 39-9048. Docket 94-NM-73-AD.

Applicability: Lap belt assemblies and restraint systems, as

listed in Pacific Scientific Service Bulletin 1108435-25-01, dated

April 28, 1994, and Pacific Scientific Service Bulletin 1108460-25-

01, dated April 28, 1994; as installed on aircraft and rotorcraft,

certificated in any category.

Compliance: Required as indicated, unless accomplished

previously.

To prevent the inability of passengers or crew to egress from

their seats during an emergency situation, due to problems

associated with the lap belt assembly, accomplish the following:

(a) Within 90 days after the effective date of this AD, remove

the applicable lap belt assemblies and restraint systems, and

replace them with new design assemblies in accordance with Pacific

Scientific Service Bulletin 1108435-25-01, dated April 28, 1994, or

Pacific Scientific Service Bulletin 1108460-25-01, dated April 28,

1994, as applicable.

(b) As of a date 90 days after the effective date of this AD, no

person shall install on any aircraft or rotorcraft a passenger or

crew lap belt or restraint system (as listed in Pacific Scientific

Service Bulletin 1108435-25-01, dated April 28, 1994, and Pacific

Scientific Service Bulletin 1108460-25-01, dated April 28, 1994)

that incorporates the part number 1108435 ``45 degrees'' release

lift lever buckle assembly, or the part number 1108460 ``90

degrees'' release lift lever buckle assembly.

(c) An alternative method of compliance or adjustment of the

compliance time that provides an acceptable level of safety may be

used if approved by the Manager, Los Angeles Aircraft Certification

Office (ACO), FAA, Transport Airplane Directorate. Operators shall

submit their requests through an appropriate FAA Principal

Maintenance Inspector, who may add comments and then send it to the

Manager, Los Angeles ACO.

Note: Information concerning the existence of approved

alternative methods of compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(d) Special flight permits may be issued in accordance with

Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to a location where the

requirements of this AD can be accomplished.

(e) The removal and replacement shall be done in accordance with

Pacific Scientific Service Bulletin 1108435-25-01, dated April 28,

1994, or Pacific Scientific Service Bulletin 1108460-25-01, dated

April 28, 1994, as applicable. This incorporation by reference was

approved by the Director of the Federal Register in accordance with

5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from

Pacific Scientific, HTL/KIN-TECH Division, 22715 Savi Ranch Parkway,

Yorba Linda, California 92687. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles Aircraft Certification

Office, Transport Airplane Directorate, 3229 East Spring Street,

Long Beach, California; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on November 25, 1994.

Issued in Renton, Washington, on October 7, 1994.

Neil D. Schalekamp,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-25439 Filed 10-24-94; 8:45 am]

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