Airworthiness Directives; The Boeing Company Airplanes, 26945-26948 [2012-10891]
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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
(iii) Planet gear sets P/N E3101455–02, all
S/Ns, and the associated sun gears.
(iv) Planet gear sets P/N E3101525–02, all
S/Ns, and the associated sun gears.
(f) Installation Prohibition
After the effective date of this AD, do not
install on any airplane, any engine or power
section module with a TAATI PMA
replacement first stage sun gear or a planet
gear set, as listed in paragraph (c) of this AD.
(g) Alternative Methods of Compliance
(AMOCs)
The Manager, Los Angeles Aircraft
Certification Office, FAA, may approve
AMOCs for this AD. Use the procedures
found in 14 CFR 39.19 to make your request.
(h) Special Flight Permits
Special flight permits are not authorized.
(i) Related Information
For more information about this AD,
contact Paul Craig, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA,
3960 Paramount Blvd., Suite 100, Lakewood,
CA 90712; phone: 562–627–5252; fax: 562–
627–5210; email: paul.craig@faa.gov.
(j) Material Incorporated by Reference
None.
Issued in Burlington, Massachusetts, on
May 3, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2012–11057 Filed 5–7–12; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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
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SUMMARY:
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26945
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
me.boecom@boeing.com; 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.
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.
Examining the AD Docket
You may examine the AD docket on
the Internet at
https://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:
sarah.piccola@faa.gov.
SUPPLEMENTARY INFORMATION:
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
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
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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.
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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
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 ‘‘stayout 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
Boeing Service Bulletin
737–53–1286
737–25–1596
737–25–1598
737–25–1599
Work
hours
...................
...................
...................
...................
Average
labor rate
per hour
96
4
3
3
$85
85
85
85
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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
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Jkt 226001
Parts
Up to
None
None
None
$28,258 .................
...............................
...............................
...............................
Up to $36,418 .................
340
255
255
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.
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Fmt 4700
Number
of U.S.registered
airplanes
Cost per product
Sfmt 4700
50
12
1
14
Fleet cost
Up to $1,820,900.
$4,080.
255.
3,570.
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:
E:\FR\FM\08MYR1.SGM
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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
(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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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.
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(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.
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16:28 May 07, 2012
Jkt 226001
(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,
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Fmt 4700
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26947
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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(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:
sarah.piccola@faa.gov.
(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 me.boecom@boeing.com; 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: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
Issued in Renton, Washington, on April 29,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
(425) 227–1137; fax (425) 227–1149.
[FR Doc. 2012–10891 Filed 5–7–12; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–P
Discussion
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1169; Directorate
Identifier 2010–NM–050–AD; Amendment
39–17040; AD 2012–09–05]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
2–Fokker Services B.V.2–Model F.28
Mark 0100 airplanes. This AD was
prompted by reports of failure of the
main fitting on Messier-Dowty main
landing gear (MLG) units due to fatigue
cracking in the area of the filler and
bleeder holes, and failure of the sliding
member due to fatigue cracking at the
area of the chrome run-out/lower radius
of the sliding tube portion of the sliding
member. This AD requires modification
and re-identification of the MLG units,
or replacement of the MLG unit with a
modified one. We are issuing this AD to
detect and correct fatigue cracking of the
main fitting or sliding member on the
MLG, which could lead to failure of the
MLG and possibly loss of control of the
airplane during landing rollout.
DATES: This AD becomes effective June
12, 2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of June 12, 2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of November 18, 2010 (75 FR
63042, October 14, 2010).
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
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SUMMARY:
VerDate Mar<15>2010
16:28 May 07, 2012
Jkt 226001
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 was published in the Federal
Register on November 7, 2011 (76 FR
68668). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Since introduction of the F28 Mark 0100
aeroplane into airline service, there have
been a number of occurrences with MessierDowty MLG [main landing gear] units where
the main fitting failed, due to fatigue cracking
in the area of the filler and bleeder holes, and
occurrences where the sliding member failed,
due to fatigue cracking at the area of chrome
run-out/lower radius of the sliding tube
portion of the sliding member.
Investigation has revealed that the most
probable cause of both the main fitting and
sliding member cracks is high compressive
stress during braking at higher deceleration
levels outside the regular fatigue load
spectrum. Starting at deceleration stress
levels somewhat below limit load, the high
compressive stress locally exceeds the
elasticity limit of the material, leaving a
residual tensile stress at release of the heavy
braking load. Subsequently, this local
residual tensile stress results in a negative
effect on the fatigue life of the component.
This condition, if not detected and
corrected, could lead to failure of the MLG,
possibly resulting in loss of control of the
aeroplane during the landing rollout. To
address this unsafe condition, the Civil
Aviation Authority of the Netherlands (CAA–
NL) issued AD NL–2005–012 (EASA
approval 2005–6363) [which corresponds to
FAA 2007–04–23, Amendment 39–14956 (72
FR 8615, February 27, 2007)] to require
repetitive inspections of the sliding member
(Fokker Services SBF100–32–144) and AD
NL–2006–003 (EASA approval 2006–0041) to
require repetitive inspections of the main
fitting (Fokker Services SBF100–32–146).
Messier-Dowty has now developed a
modification, resulting in a strengthened
sliding member and a strengthened main
fitting, which is the terminating action for
these repetitive inspections.
For the reasons described above, this
[EASA] AD requires the modification and
reidentification of the affected MLG units, or
replacement of the affected MLG units with
modified units.
This [EASA] AD has been revised to * * *
state that modification of an aeroplane * * *
also constitutes terminating action for the
actions required by CAA–NL AD (BLA)
2002–115/2 dated October 8, 2004 [which
partially corresponds to FAA AD 2008–20–
03, Amendment 39–15682 (73 FR 56452,
September 29, 2008)].
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You may obtain further information
by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (76
FR 68668, November 7, 2011) or on the
determination of the cost to the public.
Explanation of Change Made to This
AD
We have revised paragraph (h)(2) of
this AD to correct a typographical error.
This error resulted in a reference to
paragraph (c) of this AD instead of
paragraph (g) of this AD.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed except for minor editorial
changes and/or format changes. We
have determined that these minor
changes:
• Are consistent with the intent that
was proposed in the NPRM (76 FR
68668, November 7, 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 68668,
November 7, 2011).
Costs of Compliance
We estimate that this AD will affect 4
products of U.S. registry. We also
estimate that it will take about 30 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will cost about $520,000
per product. Where the service
information lists required parts costs
that are covered under warranty, we
have assumed that there will be no
charge for these parts. As we do not
control warranty coverage for affected
parties, some parties may incur costs
higher than estimated here. Based on
these figures, we estimate the cost of
this AD to the U.S. operators to be
$2,090,200, or $522,550 per product.
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
E:\FR\FM\08MYR1.SGM
08MYR1
]]>Agencies
[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Rules and Regulations]
[Pages 26945-26948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10891]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 me.boecom@boeing.com;
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 https://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:
sarah.piccola@faa.gov.
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.
----------------------------------------------------------------------------------------------------------------
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: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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: sarah.piccola@faa.gov.
(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 me.boecom@boeing.com;
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: https://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
