AD 2015-02-26

[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5915-5918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-02074]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0344; Directorate Identifier 2014-NM-034-AD; 
Amendment 39-18095; AD 2015-02-26]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2013-24-13 for 
certain The Boeing Company Model 737-100, -200, -200C, -300,

[[Page 5916]]

-400, -500, -600, -700, -700C, -800, and -900 series airplanes. AD 
2013-24-13 required replacing the pivot link assembly for certain 
airplanes, replacing the seat track link assemblies or modifying the 
existing seat track link assembly for certain airplanes, or modifying 
the existing seat track link assembly fastener for certain other 
airplanes. AD 2013-24-13 also required inspecting, changing, or 
repairing the seat track link assembly for certain other airplanes. 
Since we issued AD 2013-24-13, a certain paragraph reference in that AD 
was found to be mis-identified; this AD corrects this paragraph 
reference. We are issuing this AD to prevent seat detachment in an 
emergency landing, which could cause injury to occupants of the 
passenger compartment and affect emergency egress.

DATES: This AD is effective March 11, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 7, 
2014 (78 FR 72558, December 3, 2013).

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2014-
0344; 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 Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sarah Piccola, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6483; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#dfacbeadbeb7f1afb6bcbcb0b3be9fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="b3c0d2c1d2db9dc3dad0d0dcdfd2f3d5d2d29dd4dcc5">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2013-24-13, Amendment 39-17687 (78 FR 72558, 
December 3, 2013). AD 2013-24-13 applied to certain The Boeing Company 
Model 737-100, -200, -200C, -300, -400, -500, -600, -700, -700C, -800, 
and -900 series airplanes. The NPRM published in the Federal Register 
on July 2, 2014 (79 FR 37676). The NPRM was prompted by the discovery 
that a paragraph reference was mis-identified in AD 2013-24-13. The 
NPRM proposed to continue to require replacing the pivot link assembly 
for certain airplanes, replacing the seat track link assemblies or 
modifying the existing seat track link assembly for certain airplanes, 
or modifying the existing seat track link assembly fastener for certain 
other airplanes. The NPRM also proposed to continue to require 
inspecting, changing, or repairing the seat track link assembly for 
certain other airplanes. We are issuing this AD to prevent seat 
detachment in an emergency landing, which could cause injury to 
occupants of the passenger compartment and affect emergency egress.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 37676, July 2, 2014) and the FAA's response to each comment.
    Boeing stated that it concurred with the content of the NPRM (79 FR 
37676, July 2, 2014).

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificates (STC) ST00830SE (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se</a>) and 
STC ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does 
not affect the accomplishment of the manufacturer's service 
instructions.

Request To Withdraw the NPRM (79 FR 37676, July 2, 2014)

    KLM Royal Dutch Airlines (KLM) requested that the NPRM (79 FR 
37676, July 2, 2014) be withdrawn. KLM stated that superseding AD 2013-
24-13, Amendment 39-17687 (78 FR 72558, December 3, 2013), with another 
AD having a different AD number would be an unnecessary burden to 
operators of Model 737-600, -700, -800, and -900 series airplanes. KLM 
stated that the main reason for superseding AD 2013-24-13 was because 
of a typographical error that only affects operators of Model 737-100, 
-200, -300, -400, and -500 series airplanes. KLM suggested that the FAA 
issue an alternative method of compliance (AMOC) letter for the 
operators of Model 737-100, -200, -300, -400, and -500 series 
airplanes, instead of superseding AD 2013-24-13.
    We do not agree to withdraw the NPRM (79 FR 37676, July 2, 2014). 
An AMOC letter to address this situation is not appropriate. Paragraph 
(i) of AD 2013-24-13, Amendment 39-17687 (78 FR 72558, December 3, 
2013), included a cross-reference to paragraph (g)(3) of that AD, but 
should have referred to paragraph (g)(4) of that AD. By changing this 
incorrect reference in the NPRM to ``paragraph (g)(4),'' an additional 
concurrent action is required for airplanes identified as Group 5 in 
Boeing Special Attention Service Bulletin 737-53-1260, Revision 1, 
dated May 23, 2013. Therefore, notice and opportunity for public 
comment was necessary. We added a clarifying phrase in paragraph (i) of 
this AD explaining that there is a corrected paragraph reference (i.e., 
``(g)(3)'' was changed to ``(g)(4)''), which results in a new 
concurrent action for Group 5 airplanes.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 37676, July 2, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 37676, July 2, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 5917]]

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                    Cost per                       Cost on U.S.
           Action                Labor cost       Parts cost        product      U.S. airplanes     operators
----------------------------------------------------------------------------------------------------------------
Replacement or modification   Up to 41 work-   Up to $15,478..  Up to $18,963..           1,281  Up to
 [retained actions from AD     hours x $85                                                        $24,291,603.
 2013[dash]24[dash]13,         per hour =
 Amendment 39-17687 (78 FR     $3,485.
 72558, December 3, 2013)].
 
Concurrent installation or    Up to 60 work-   Up to $18,089..  Up to $23,189..             214  Up to
 modification (Groups 1, 2,    hours x $85                                                        $4,962,446.
 4, and 5 airplanes)           per hour =
 [retained actions from AD     $5,100.
 2013-24-13, Amendment 39-
 17687 (78 FR 72558,
 December 3, 2013)]. \1\
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide a cost estimate for the actions required
  for airplanes in Group 6 identified in Boeing Special Attention Service Bulletin 737-53-1260, Revision 1,
  dated May 23, 2013.

    This new AD adds no new costs to affected operators.

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

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2013-24-13, Amendment 39-17687 (78 FR 72558, December 3, 2013), and 
adding the following new AD:

2015-02-26 The Boeing Company: Amendment 39-18095; Docket No. FAA-
2014-0344; Directorate Identifier 2014-NM-034-AD.

(a) Effective Date

    This AD is effective March 11, 2015.

(b) Affected ADs

    This AD replaces AD 2013-24-13, Amendment 39-17687 (78 FR 72558, 
December 3, 2013).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

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

(f) Compliance

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

(g) Retained Repair or Replacement of Seat Track Link Assembly or Seat 
Track Link Assembly Fastener, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2013-24-13, Amendment 39-17687 (78 FR 72558, December 3, 2013), with 
no changes. Within 60 months after January 7, 2014 (the effective 
date of AD 2013-24-13), do the actions specified in paragraph 
(g)(1), (g)(2), (g)(3), or (g)(4) of this AD, as applicable.
    (1) For Model 737-600, -700, 700C, -800, and -900 series 
airplanes: Install new, improved pivot link assemblies, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-53-1244, Revision 5, dated July 27, 2011.
    (2) For airplanes in Groups 1, 2, 3, and 4, as identified in 
Boeing Special Attention Service Bulletin 737-53-1260, Revision 1, 
dated May 23, 2013: Replace the seat track link assembly, in 
accordance with the Accomplishment Instructions of Boeing

[[Page 5918]]

Special Attention Service Bulletin 737-53-1260, Revision 1, dated 
May 23, 2013.
    (3) For airplanes in Group 6, as identified in Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013: Inspect, change, or repair the seat track link assembly, as 
applicable, using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (4) For airplanes in Group 5, as identified in Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013: Modify the existing seat track link assembly fastener, in 
accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1260, Revision 1, dated May 23, 
2013.

(h) Retained Optional Modification of Seat Track Link Assembly, With No 
Changes

    This paragraph restates the provisions of paragraph (h) of AD 
2013-24-13, Amendment 39-17687 (78 FR 72558, December 3, 2013), with 
no changes. In lieu of the replacement specified in paragraph (g)(2) 
of this AD, doing the optional modification of the seat track link 
assembly, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-53-1260, Revision 1, 
dated May 23, 2013, is acceptable for compliance with the 
requirements of paragraph (g)(2) of this AD, provided the 
modification is done within the compliance time specified in 
paragraph (g) of this AD.

(i) Retained Concurrent Actions, With New Concurrent Action for Group 5 
Airplanes

    This paragraph restates the requirements of paragraph (i) of AD 
2013-24-13, Amendment 39-17687 (78 FR 72558, December 3, 2013), with 
a corrected paragraph reference (i.e., ``(g)(3)'' was changed to 
``(g)(4)''), which results in a new concurrent action for Group 5 
airplanes. For airplanes in Groups 1, 2, 4, and 5, as identified in 
Boeing Special Attention Service Bulletin 737-53-1260, Revision 1, 
dated May 23, 2013: Before or concurrently with the accomplishment 
of the actions specified in paragraph (g)(2) or (g)(4) of this AD, 
install a new seat track link assembly or modify the seat track link 
assembly, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 737-53-1120, Revision 1, 
dated May 13, 1993.

(j) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the credit provisions specified in 
paragraph (j) of AD 2013-24-13, Amendment 39-17687 (78 FR 72558, 
December 3, 2013), with no changes.
    (1) This paragraph provides credit for the actions required by 
paragraph (g)(1) of this AD, if those actions were performed before 
January 7, 2014 (the effective date of AD 2013-24-13, Amendment 39-
17687 (78 FR 72558, December 3, 2013)), using Boeing Service 
Bulletin 737-53-1244, dated April 17, 2003; Revision 1, dated May 
29, 2003; Revision 2, dated March 15, 2007; or Revision 3, dated 
December 4, 2008; which are not incorporated by reference in this 
AD.
    (2) This paragraph provides credit for the actions required by 
paragraphs (g)(2) and (g)(4) of this AD, if those actions were 
performed before January 7, 2014 (the effective date of AD 2013-24-
13, Amendment 39-17687 (78 FR 72558, December 3, 2013)), using 
Boeing Special Attention Service Bulletin 737-53-1260, dated May 7, 
2007, which is not incorporated by reference in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (l) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#c6ffeb87888beb95a3a7b2b2aaa3eb878589eb878b8985eb94a3b7b3a3b5b2b586a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="764f5b37383b5b25131702021a135b3735395b373b39355b24130703130502053610171758111900">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by The 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane and 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

(l) Related Information

    (1) For more information about this AD, contact Sarah Piccola, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; phone: 425-917-6483; fax: 425-
917-6590; email: <a href="/cdn-cgi/l/email-protection#52213320333a7c223b31313d3e33123433337c353d24"><span class="__cf_email__" data-cfemail="c5b6a4b7a4adebb5aca6a6aaa9a485a3a4a4eba2aab3">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(4) and (m)(5) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
January 7, 2014 (78 FR 72558, December 3, 2013).
    (i) Boeing Service Bulletin 737-53-1120, Revision 1, dated May 
13, 1993.
    (ii) Boeing Service Bulletin 737-53-1244, Revision 5, dated July 
27, 2011.
    (iii) Boeing Special Attention Service Bulletin 737-53-1260, 
Revision 1, dated May 23, 2013.
    (4) For information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. 
Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (5) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on January 21, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-02074 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-13-P