Airworthiness Directives; The Boeing Company Airplanes, 26945-26948 [2012-10891]

Download as PDF 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 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:28 May 07, 2012 Jkt 226001 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 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. E:\FR\FM\08MYR1.SGM 08MYR1 26946 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 mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:28 May 07, 2012 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. PO 00000 Frm 00036 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 08MYR1 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. mstockstill on DSK4VPTVN1PROD with RULES (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. VerDate Mar<15>2010 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, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 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. E:\FR\FM\08MYR1.SGM 08MYR1 26948 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, mstockstill on DSK4VPTVN1PROD with RULES 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)]. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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]


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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.

-----------------------------------------------------------------------

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
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