[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
----------------------------------------------------------------------------------------------------------------
                                          Average                                      Number of
                                 Work      labor                         Cost per        U.S.-
   Boeing Service Bulletin      hours     rate per       Parts           product       registered    Fleet cost
                                            hour                                       airplanes
----------------------------------------------------------------------------------------------------------------
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