[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Rules and Regulations]
[Pages 53110-53112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18336]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28075; Directorate Identifier 2007-NE-21-AD; 
Amendment 39-15204; AD 2007-19-13]
RIN 2120-AA64


Airworthiness Directives; B/E Aerospace Skyluxe II (AA2) 
Passenger Seats

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
the United Kingdom (UK) to identify and correct an unsafe condition on 
B/E Aerospace Skyluxe II (AA2) passenger seats. The MCAI states the 
following:

    Compliance is required with B/E Aerospace Alert Service Bulletin 
25-20-2658 not later than one month from receipt of the bulletin. 
The Alert Service Bulletin requires inspection and re-orientation of 
the Hydrolok retaining pin. This action is required because under 
certain conditions the Hydrolok pin can migrate and disconnect from 
the seat structure, resulting in the seat back having no rearward 
restraint and allowing it to rotate aft into the seat or exit 
pathway behind.

We are issuing this AD to prevent detachment of the seat hydrolok pin, 
allowing the seat back to rotate aft without restraint, which could 
lead to occupant injury.

DATES: This AD becomes effective October 3, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of B/E Aerospace Alert Service Bulletin No. 25-20-2658, dated 
November 12, 2001, listed in the AD as of October 18, 2007.
    We must receive comments on this AD by October 18, 2007.

ADDRESSES: The Docket Operations office is located at U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone (800) 647-5527) is provided in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer, 
Boston Aircraft Certification Office, FAA, Engine & Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; e-
mail: [email protected]; telephone (781) 238-7161; fax (781) 238-
7170.

SUPPLEMENTARY INFORMATION: 

[[Page 53111]]

Discussion

    The Civil Aviation Authority (CAA), which is the civil aviation 
authority for the UK, has issued AD 002-11-2001, dated November 27, 
2001, to correct an unsafe condition for the specified products. The 
CAA AD states:

    Compliance is required with B/E Aerospace Alert Service Bulletin 
25-20-2658 not later than one month from receipt of the bulletin. 
The Alert Service Bulletin requires inspection and re-orientation of 
the Hydrolok retaining pin. This action is required because under 
certain conditions the Hydrolok pin can migrate and disconnect from 
the seat structure, resulting in the seat back having no rearward 
restraint and allowing it to rotate aft into the seat or exit 
pathway behind.

You may obtain further information by examining the CAA AD in the AD 
docket.

Relevant Service Information

    B/E Aerospace has issued Alert Service Bulletin (ASB) No. 25-20-
2658, dated November 12, 2001. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the CAA AD.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of the UK 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with the UK, they have notified us of the unsafe 
condition described in the CAA AD and service information referenced 
above. We are issuing this AD because we evaluated all the information 
provided by the CAA and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
This AD requires inspection and re-orientation of the Hydrolok 
retaining pin.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because B/E 
Aerospace requires compliance with the ASB within one month of receipt 
of the ASB. Therefore, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-28075; Directorate 
Identifier 2007-NE-21-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

Regulatory Findings

    We determined that 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2007-19-13 B/E Aerospace: Amendment 39-15204; Docket No. FAA-2007-
28075; Directorate Identifier 2007-NE-21-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
3, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to B/E Aerospace Skyluxe II (AA2) passenger 
seats. These seats are installed on, but not limited to, Airbus 
A300, A300-600, A320, A321, A330, and A340 series airplanes; Boeing 
737-800 series, 747-200, -300, and -400 series; 767-200 and -300 
series; 777-200 and -300 series airplanes; and McDonnell Douglas MD-
11 airplanes.

Reason

    (d) United Kingdom (UK) Civil Aviation Authority (CAA) AD 002-
11-2001, dated November 27, 2001, states:

    Compliance is required with B/E Aerospace Alert Service Bulletin 
25-20-2658 not later than one month from receipt of the bulletin. 
The Alert Service Bulletin requires inspection and re-orientation of 
the Hydrolok retaining pin. This action is required because under 
certain conditions the Hydrolok pin can migrate and disconnect from 
the seat structure, resulting in the seat back having no rearward 
restraint and allowing it to rotate aft into the seat or exit 
pathway behind.

We are issuing this AD to prevent detachment of the seat hydrolok 
pin, allowing the seat back to rotate aft without restraint, which 
could lead to occupant injury.

Actions and Compliance

    (e) Unless already done, do the following actions within 30 days 
after the effective date of this AD:

[[Page 53112]]

    (1) Visually inspect and re-orient if necessary, Hydrolok 
retaining pins.
    (2) Use paragraphs 3.1.1 through 3.1.13 of Accomplishment 
Instructions of B/E Aerospace Alert Service Bulletin No. 25-20-2658, 
dated November 12, 2001, to perform the inspections and re-
orientations.

Other FAA AD Provisions

    (f) Alternative Methods of Compliance (AMOCs): The Manager, 
Boston Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19.

Related Information

    (g) Refer to UK CAA AD 002-11-2001, dated November 27, 2001, for 
related information.
    (h) Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7161; fax (781) 238-7170, 
for more information about this AD.

Material Incorporated by Reference

    (i) You must use B/E Aerospace Alert Service Bulletin No. 25-20-
2658, dated November 12, 2001, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact B/E 
Aerospace, (UK) Ltd., Grovebury Road, Leighton Buzzard, 
Bedfordshire, England LU7 4TB; telephone 44 1525 858 371.
    (3) You may review service information copies at the FAA, New 
England Region, 12 New England Executive Park, Burlington, MA; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on September 12, 2007.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. E7-18336 Filed 9-17-07; 8:45 am]
BILLING CODE 4910-13-P