[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72558-72561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28752]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1317; Directorate Identifier 2011-NM-194-AD; 
Amendment 39-17687; AD 2013-24-13]
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 737-100, -200, -200C, -300, -400, -500, -600, 
-700, -700C, -800, and -900 series airplanes. This AD was prompted by a 
report that the seat track attachment of body station 520 flexible 
joint is structurally deficient in resisting a 9g forward emergency 
load condition in certain seating configurations. This AD requires 
replacing the pivot link assembly on certain seats, modifying the 
existing seat track link assembly fastener on certain seats, or 
replacing the seat track link assemblies on certain seats. Also, for 
certain airplanes, this AD requires installing a new seat track link 
assembly or modifying the seat track link assembly. For certain other 
airplanes, this AD requires inspecting, changing, or repairing the seat 
track link assembly. We are issuing this AD to prevent seat detachment 
in an emergency landing, which could cause injury to occupants of the 
passenger compartment and affect emergency egress.

DATES: This AD is effective January 7, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 7, 
2014.

ADDRESSES: 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; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. 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, WA 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 by adding an AD that would apply to the specified products. The 
NPRM published in the Federal Register on January 16, 2013 (78 FR 
3365). The NPRM proposed to require replacing the pivot link assembly 
on certain seats, and modifying or replacing the seat track link 
assemblies on certain seats. Also, for certain airplanes, the NPRM 
proposed to require installing a new seat track link assembly.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 3365, January 16, 2013) and the FAA's response to each comment.

Request To Incorporate Revised Service Information

    Boeing concurred with the content of the NPRM (78 FR 3365, January 
16, 2013), but requested that we incorporate Boeing Special Attention 
Service Bulletin 737-53-1260, Revision 1, dated May 23, 2013, in the 
AD. Boeing stated that due to manufacturing differences,

[[Page 72559]]

some operators were unable to modify or replace the seat track link 
assembly using Boeing Special Attention Service Bulletin 737-53-1260, 
dated May 7, 2007. Boeing also requested that we allow credit for 
actions done in accordance with Boeing Special Attention Service 
Bulletin 737-53-1260, dated May 7, 2007.
    We agree to incorporate Boeing Special Attention Service Bulletin 
737-53-1260, Revision 1, dated May 23, 2013, in this final rule, which 
gives an option for operators to modify the seat track link assembly. 
References have been revised in paragraphs (c)(1), (g)(2), (g)(3), and 
(i) of this final rule accordingly. (Paragraph (i) of this final rule 
was referred to as paragraph (h) in the NPRM (78 FR 3365, January 16, 
2013).) A new paragraph (h) has been added to this final rule to 
include the optional modification. We also have added paragraph (j)(2) 
to this final rule to provide credit for certain actions performed 
before the effective date of this final rule using Boeing Special 
Attention Service Bulletin 737-53-1260, dated May 7, 2007.
    In addition, Boeing Special Attention Service Bulletin 737-53-1260, 
Revision 1, dated May 23, 2013, includes new Group 6 (i.e., certain 
airplanes previously in Group 1 and Group 5, as identified in Boeing 
Special Attention Service Bulletin 737-53-1260, dated May 7, 2007). For 
airplanes in Group 6, we added paragraph (g)(3) to this final rule to 
provide instructions to contact the FAA for inspection, change, and 
repair of the seat track link assembly because we have determined that 
there are unique aspects of these airplanes that require specific 
instructions for correcting the unsafe condition. Also, paragraph 
(g)(2) of this final rule has been revised to clarify the applicable 
groups. New paragraph (g)(4) has been added to this final rule to 
clarify the requirements for airplanes in Group 5. Subsequent paragraph 
identifiers have been revised accordingly.

Request for Credit for Certain Actions

    Delta, Alaska Airlines, WestJet, and Saudi Aramco requested that we 
provide credit for actions performed prior to the effective date of the 
AD using Boeing Service Bulletin 737-53-1244, dated April 17, 2003; 
Revision 1, dated May 29, 2003; Revision 2, dated March 15, 2007; and 
Revision 3, dated December 4, 2008. The commenters stated that Boeing 
Service Bulletin 737-53-1244, Revision 5, dated July 27, 2011, 
specifies that no more work is necessary on airplanes changed in 
accordance with Boeing Service Bulletin 737-53-1244, dated April 17, 
2003; Revision 1, dated May 29, 2003; Revision 2, dated March 15, 2007; 
and Revision 3, dated December 4, 2008.
    We agree to provide credit for actions performed prior to the 
effective date of the final rule using Boeing Service Bulletin 737-53-
1244, dated April 17, 2003; Revision 1, dated May 29, 2003; Revision 2, 
dated March 15, 2007; and Revision 3, dated December 4, 2008. We have 
added a new paragraph (j)(1) to this final rule accordingly. Subsequent 
paragraph identifiers have been revised accordingly.

Request To Correct Compliance Table 1 of Boeing Service Bulletin 737-
53-1244, Revision 5, Dated July 27, 2011

    Alaska Airlines requested that we correct Table 1 of paragraph 
1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-1244, Revision 
5, dated July 27, 2011, which refers to Boeing Service Bulletin 737-53-
1244, dated April 17, 2003; and Revision 4, dated April 6, 2011 (which 
was withdrawn by Boeing).
    We partially agree with the request. We agree that the ``Optional 
Actions'' column of Table 1 of paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 737-53-1244, Revision 5, dated July 27, 2011, 
refers to Boeing Service Bulletin 737-53-1244, dated April 17, 2003; 
and Revision 4, dated April 6, 2011. However, this final rule does not 
require that action. This final rule requires, among other actions, 
installation of the new, improved pivot link within 60 months after the 
effective date of this AD, which is identified in the ``Follow On 
Actions'' column of Table 1 of paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 737-53-1244, Revision 5, dated July 27, 2011. 
No change has been made to this final rule in this regard.

Request for Clarification of Damage Tolerance Inspections Statement

    Alaska Airlines requested that we clarify the NPRM (78 FR 3365, 
January 16, 2013) by adding a statement regarding the damage tolerance 
inspections. Alaska Airlines stated that Boeing Service Bulletin 737-
53-1244, Revision 5, dated July 27, 2012, includes a damage tolerance 
inspection statement; however, Boeing Special Attention Service 
Bulletin 737-53-1260, dated May 7, 2007, does not include the 
statement. The commenter requested that we add a statement to the NPRM 
indicating that no damage tolerance inspections are required as a 
result of rework using either service bulletin.
    We agree that the damage tolerance inspection statement was not 
included in Boeing Special Attention Service Bulletin 737-53-1260, 
dated May 7, 2007; however, the statement is included in Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 2013, 
which is cited in this final rule. No change has been made to this 
final rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (78 FR 3365, January 16, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 3365, January 16, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 1,281 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
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                                                                                                               U.S.
               Action                      Labor cost              Parts cost          Cost per product     Airplanes        Cost on U.S.  operators
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Replacement or modification........  Up to 41 work-hours x   Up to $15,478........  Up to $18,963........        1,281  Up to $24,291,603.
                                      $85 per hour = $3,485.
Concurrent installation or           Up to 60 work-hours x   Up to $18,089........  Up to $23,189........          214  Up to $4,962,446.
 modification (Groups 1, 2, 4, and    $85 per hour = $5,100.
 5 airplanes).
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[[Page 72560]]

    We have received no definitive data that would enable us to provide 
a cost estimate for the actions required for airplanes in Group 6 
identified in Boeing Special Attention Service Bulletin 737-53-1260, 
Revision 1, dated May 23, 2013.

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:
    (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):

2013-24-13 The Boeing Company: Amendment 39-17687; Docket No. FAA-
2012-1317; Directorate Identifier 2011-NM-194-AD.

(a) Effective Date

    This AD is effective January 7, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) The Boeing Company Model 737-100, -200, -200C, -300, -400, 
and -500 series airplanes, as identified in Boeing Special Attention 
Service Bulletin 737-53-1260, Revision 1, dated May 23, 2013.
    (2) The Boeing Company Model 737-600, -700, -700C, -800, and -
900 series airplanes, as identified in Boeing Service Bulletin 737-
53-1244, Revision 5, dated July 27, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that a Boeing study found that 
the seat track attachment of body station 520 flexible joint is 
structurally deficient in resisting a 9g forward emergency load 
condition in certain seating configurations. We are issuing this AD 
to prevent seat detachment in an emergency landing, which could 
cause injury to occupants of the passenger compartment and affect 
emergency egress.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repair or Replacement of Seat Track Link Assembly or Seat Track 
Link Assembly Fastener

    Within 60 months after the effective date of this AD, do the 
actions specified in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of 
this AD, as applicable.
    (1) For Model 737-600, -700, -700C, -800, and -900 series 
airplanes: Install new, improved pivot link assemblies, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-53-1244, Revision 5, dated July 27, 2011.
    (2) For airplanes in Groups 1, 2, 3, and 4, as identified in 
Boeing Special Attention Service Bulletin 737-53-1260, Revision 1, 
dated May 23, 2013: Replace the seat track link assembly, in 
accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013.
    (3) For airplanes in Group 6, as identified in Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013: Inspect, change, or repair the seat track link assembly, as 
applicable, using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (4) For airplanes in Group 5, as identified in Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013: Modify the existing seat track link assembly fastener, in 
accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013.

(h) Optional Modification of Seat Track Link Assembly

    In lieu of the replacement specified in paragraph (g)(2) of this 
AD, doing the optional modification of the seat track link assembly, 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013, is acceptable for compliance with the requirements of 
paragraph (g)(2) of this AD, provided the modification is done 
within the compliance time specified in the introductory text of 
paragraph (g) of this AD.

(i) Concurrent Actions

    For airplanes in Groups 1, 2, 4, and 5, as identified in Boeing 
Special Attention Service Bulletin 737-53-1260, Revision 1, dated 
May 23, 2013: Before or concurrently with the accomplishment of the 
actions specified in paragraph (g)(2) or (g)(3) of this AD, install 
a new seat track link assembly or modify the seat track link 
assembly, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 737-53-1120, Revision 1, 
dated May 13, 1993.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of the AD using Boeing Service Bulletin 737-53-
1244, dated April 17, 2003; Revision 1, dated May 29, 2003; Revision 
2, dated March 15, 2007; or Revision 3, dated December 4, 2008; 
which are not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by 
paragraphs (g)(2) and (g)(4) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Special 
Attention Service Bulletin 737-53-1260, dated May 7, 2007, which is 
not incorporated by reference in this AD.

(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

[[Page 72561]]

appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in paragraph 
(l) 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 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

(l) Related Information

    (1) 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, WA 98057-3356; phone: 425-917-6483; fax: 425-
917-6590; email: [email protected].
    (2) Service information that is referenced in this AD but is not 
incorporated by reference may be obtained at the addresses 
identified in paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 737-53-1120, Revision 1, dated May 
13, 1993.
    (ii) Boeing Service Bulletin 737-53-1244, Revision 5, dated July 
27, 2011.
    (iii) Boeing Special Attention Service Bulletin 737-53-1260, 
Revision 1, dated May 23, 2013.
    (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; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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.

    Issued in Renton, Washington, on November 19, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-28752 Filed 12-2-13; 8:45 am]
BILLING CODE 4910-13-P