[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Rules and Regulations]
[Pages 26945-26948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10891]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0384; Directorate Identifier 2010-NM-058-AD;
Amendment 39-17041; AD 2012-09-06]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-700 series airplanes. This AD was prompted
by reports that the aft seat leg fittings span the station (STA) 521.45
``stay-out zone.'' This AD requires for certain airplanes, replacing
the seat track pivot link assemblies, seat track sections, and floor
panels. For certain airplanes, this AD also requires moving certain
rows of passenger seats. For certain other airplanes, this AD also
requires inspecting certain areas of the seat tracks for damage, and
corrective actions if necessary. We are issuing this AD to prevent
failure of the seat attachment structure and possible injury to
passengers during an emergency landing.
DATES: This AD is effective June 12, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 12, 2012.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; email [email protected];
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
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 address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
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: Sarah Piccola, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone: 425-917-6483; fax: 425-917-6590; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on April 25, 2011 (76 FR
22828). That NPRM proposed to require, for certain airplanes, replacing
the seat track pivot link assemblies, seat track sections, and floor
panels. For certain airplanes, that NPRM also proposed to require
moving certain rows of passenger seats. For certain other airplanes,
that NPRM also proposed to require inspecting certain areas of the seat
tracks for damage, and corrective actions if necessary.
Explanation of Change to the AD
We reviewed the compliance times that were proposed and determined
that the compliance time in paragraph (h)(1) of the NPRM (76 FR 22828,
April 25, 2011) applies to all airplanes identified in paragraph (h) of
this AD and the compliance time proposed in paragraph (h)(2) of the
NPRM is unnecessary. We have therefore removed paragraphs (h)(1) and
(h)(2) of the NPRM and revised paragraph (h) of this AD.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 22828, April 25, 2011) and the FAA's response to each comment.
Boeing supports the NPRM.
Request To Withdraw the Proposed AD (76 FR 22828, April 25, 2011)
AirTran Airways (ATA) (now owned by Southwest Airlines) and
Southwest Airlines (SWA) requested that the NPRM (76 FR 22828, April
25, 2011) be withdrawn. ATA and SWA stated that the Model 737-700
series airplanes owned by ATA and transferred to SWA ownership have
been or will be modified to have new B/E Aerospace seats installed in a
different layout of passenger accommodation (LOPA). The LOPA for those
B/E Aerospace seats does not have a seat leg fitting that spans the STA
521.45 ``stay-out zone.'' ATA stated that it accomplished the actions
of Boeing Special Attention Service Bulletin 737-53-1286, dated
November 20, 2008, or Revision 1, dated December 14, 2009, on 22 of its
airplanes; those airplanes and the remaining 24 airplanes in its fleet
would be modified to SWA's seat configuration before the effective date
of the AD. ATA also stated that it sold three of the 49 airplanes
listed in Boeing Special Attention Service Bulletin 737-25-1596, dated
November 20, 2008. ATA and SWA stated that since the new seats are from
a different seat manufacturer and will be installed in a different
approved LOPA, the unsafe condition would no longer exist.
We disagree with the commenters' request to withdraw the proposed
AD (76 FR 22828, April 25, 2011). Replacing the existing Recaro seat
configuration with the B/E Aerospace configuration
[[Page 26946]]
would address the unsafe condition while that configuration is
installed. However, the approval for the Recaro seats with the LOPA
that has a seat leg fitting that spans the STA 521.45 ``stay-out zone''
would still exist. It would be possible, for example, for an operator
that has purchased one of the three airplanes that ATA sold to convert
the seats and LOPA back to the Recaro seats and the related LOPA that
spans the STA 521.45 ``stay-out zone.'' In light of this, the unsafe
condition is likely to exist or develop in the affected airplanes. As a
result, we are issuing this AD to eliminate the unsafe condition by
requiring that seat leg fittings do not span the ``stay-out zone.'' The
AD is the appropriate vehicle for mandating such actions. We have not
changed the AD in this regard.
Request To Revise Applicability of the Proposed AD (76 FR 22828, April
25, 2011)
ATA and SWA also requested that if the NPRM (76 FR 22828, April 25,
2011) is not withdrawn, that the proposed applicability be revised to
apply only to airplanes with specific Recaro seats installed in a
specific configuration. SWA stated that if the airplane does not have
those specific Recaro seats installed with the foot spanning the STA
521.45 ``stay-out zone,'' then the unsafe condition does not exist and
the AD should not apply. ATA also stated that having an AD include
airplanes on which the modification to a different LOPA or the
applicable service bulletins has been accomplished would result in
applying for an alternative method of compliance (AMOC) each time a
revision to that LOPA is issued. ATA stated that issuing AMOCs each
time a LOPA is revised would produce an undue burden on both the
airline and the FAA.
We partially agree. The applicability statement of this AD
references certain service bulletins, one of which contains conditions
as part of its effectivity. Part of the applicability statement in
paragraph (c) of this AD contains an indirect reference to the
conditional statement that the commenters requested, i.e., ``a
passenger seat configuration that could result in a seat leg plunger
being installed across a seat track pivot point * * *,'' as described
in paragraph 1.A. of Boeing Special Attention Service Bulletin 737-53-
1286, Revision 1, dated December 14, 2009. Boeing Special Attention
Service Bulletin 737-53-1286, Revision 1, dated December 14, 2009, is
referenced in paragraphs (c)(1) (as an applicability condition) and (g)
(in the identification of affected airplanes) of this AD. When an
airplane has been modified so that a seat leg plunger is not installed
across that specific seat track pivot point, the actions required by
paragraph (g) of this AD would not be required. The other service
bulletins referenced in the proposed AD (76 FR 22828, April 25, 2011)
do specify specific airplanes without conditional statements on whether
certain seat configurations are installed. Also, we do not consider it
appropriate to include various provisions in an AD applicable only to
individual airplanes or to a single operator's seat configurations or
unique use of an airplane. Once we issue this AD, any person may
request approval of an AMOC under the provisions of paragraph (k) of
this AD. We have not changed the AD in this regard.
Change to AMOC Paragraph
We have added paragraph (k)(3) to this final rule to provide
operators with the option to apply for an AMOC that has been approved
by the Boeing Commercial Airplanes Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
Aircraft Certification Office, to make those findings.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed--except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 22828, April 25, 2011) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 22828, April 25, 2011).
Costs of Compliance
We estimate that this AD will affect 50 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.
Table--Estimated Costs
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Average Number of
Work labor Cost per U.S.-
Boeing Service Bulletin hours rate per Parts product registered Fleet cost
hour airplanes
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737-53-1286................. 96 $85 Up to $28,258.. Up to $36,418.. 50 Up to
$1,820,900.
737-25-1596................. 4 85 None........... 340 12 $4,080.
737-25-1598................. 3 85 None........... 255 1 255.
737-25-1599................. 3 85 None........... 255 14 3,570.
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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
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 that this AD:
[[Page 26947]]
(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),
(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
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):
2012-09-06 The Boeing Company: Amendment 39-17041; Docket No. FAA-
2011-0384; Directorate Identifier 2010-NM-058-AD.
(a) Effective Date
This AD is effective June 12, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-700 series
airplanes, certificated in any category; as identified in the
service bulletins specified in paragraphs (c)(1), (c)(2), and (c)(3)
of this AD.
(1) Boeing Special Attention Service Bulletin 737-53-1286,
Revision 1, dated December 14, 2009.
(2) Boeing Special Attention Service Bulletin 737-25-1598, dated
December 8, 2009.
(3) Boeing Special Attention Service Bulletin 737-25-1599, dated
January 20, 2010.
(d) Subject
Air Transport Association (ATA) of America Code 25: Equipment/
Furnishings.
(e) Unsafe Condition
This AD results from reports that the aft seat leg fittings span
the station (STA) 521.45 ``stay-out zone.'' The Federal Aviation
Administration is issuing this AD to prevent failure of the seat
attachment structure and possible injury to passengers during an
emergency landing.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Modifying Seat Track Structure
For airplanes identified in Boeing Special Attention Service
Bulletin 737-53-1286, Revision 1, dated December 14, 2009: Within 72
months after the effective date of this AD, replace, with new
components, certain floor panels, seat track pivot link assemblies,
and seat track sections with new components, and modify certain seat
tracks, in accordance with the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-53-1286, Revision 1, dated
December 14, 2009.
(h) Moving Seat Rows After Modifying Seat Track Structure
For airplanes identified in Boeing Special Attention Service
Bulletin 737-25-1596, dated November 20, 2008: After accomplishing
the requirements of paragraph (g) of this AD but within 72 months
after the effective date of this AD, move certain seat rows in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-25-1596, dated November 20, 2008.
(i) Moving Seat Rows and General Visual Inspection of Seat Tracks Using
Boeing Service Bulletin 737-25-1598, Dated December 8, 2009
For airplanes identified in Boeing Special Attention Service
Bulletin 737-25-1598, dated December 8, 2009: Within 72 months after
the effective date of this AD, do a general visual inspection of
certain areas of the seat tracks for damage, all applicable
corrective actions, and move certain seat rows, in accordance with
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-25-1598, dated December 8, 2009. Do all applicable
corrective actions before further flight.
(j) Moving Seat Rows and General Visual Inspection of Seat Tracks Using
Boeing Special Attention Service Bulletin 737-25-1599, Dated January
20, 2010
For airplanes identified in Boeing Special Attention Service
Bulletin 737-25-1599, dated January 20, 2010: Within 72 months after
the effective date of this AD, do a general visual inspection of
certain areas of the seat tracks for damage, all applicable
corrective actions, and move certain seat rows, in accordance with
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-25-1599, dated January 20, 2010. Do all applicable
corrective actions before further flight.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
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
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to: [email protected].
(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.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(l) Related Information
For more information about this AD, contact Sarah Piccola,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6483; fax:
425-917-6590; email: [email protected].
(m) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
(2) The Director of the Federal Register approved the
incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR
part 51 of the following service information:
(i) Boeing Special Attention Service Bulletin 737-25-1596, dated
November 20, 2008.
(ii) Boeing Special Attention Service Bulletin 737-25-1598,
dated December 8, 2009.
(iii) Boeing Special Attention Service Bulletin 737-25-1599,
dated January 20, 2010.
(iv) Boeing Special Attention Service Bulletin 737-53-1286,
Revision 1, dated December 14, 2009.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; email [email protected];
Internet https://www.myboeingfleet.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate; 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by reference 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.
[[Page 26948]]
Issued in Renton, Washington, on April 29, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-10891 Filed 5-7-12; 8:45 am]
BILLING CODE 4910-13-P