[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Rules and Regulations]
[Pages 68693-68697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27091]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0426; Directorate Identifier 2011-NM-087-AD;
Amendment 39-17659; AD 2013-23-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-600, -700, -800, -900, and -900ER series
airplanes. This AD was prompted by reports that certain seat track
bolts were found with severed head bolts due to fatigue. This AD
requires replacing titanium seat track bolts with corrosion resistant
steel (CRES) bolts, repetitive inspections for cracking of the splice
strap and forward seat track holes, and related investigative and
corrective actions if necessary. This AD also provides an optional
terminating action for the repetitive inspections. We are issuing this
AD to detect and correct missing or severed bolt heads, which, if not
corrected, could result in the inability of the seat track to carry
passenger loads, which could cause the seats to detach from the seat
track, resulting in possible injury to passengers during an emergency
landing or survivable crash.
DATES: This AD is effective December 20, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 20,
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, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9
[[Page 68694]]
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 (ACO), 1601 Lind Avenue SW., Renton, WA
98057-3356; phone: 425-917-6483; fax: 425-917-6590; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM published in the Federal Register on May 8, 2012 (77 FR
26993). The NPRM proposed to require replacing titanium seat track
bolts with CRES bolts, repetitive inspections for cracking of the
splice strap and forward seat track holes, and related investigative
and corrective actions if necessary. The NPRM also proposed to provide
an optional terminating action for the repetitive inspections.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 26993, May 8, 2012), and the FAA's response to each comment.
Boeing and United Airlines supported the NPRM.
Request To Revise Costs of Compliance Section
American Airlines (American) requested that we revise the Costs of
Compliance section of the NPRM (77 FR 26993, May 8, 2012). American
explained that, since it alone operates 113 airplanes that are affected
by the NPRM, several hundred airplanes should be affected.
We agree with the request to revise the Costs of Compliance section
of this final rule because there was an error in the number of affected
airplanes identified in the Costs of Compliance section of NPRM (77 FR
26993, May 8, 2012). We have updated the number of airplanes from 168
to 973 in the Costs of Compliance section of this final rule
accordingly.
Although we have revised the cost calculation, there is no change
to the actual number of airplanes affected by this final rule. This
final rule refers to Boeing Special Attention Service Bulletin 737-53-
1296, dated January 11, 2011, for affected airplanes. The effectivity
of Boeing Special Attention Service Bulletin 737-53-1296, dated January
11, 2011, is correct. The number of affected airplanes identified in
the Costs of Compliance section of this final rule now reflects the
number of airplanes of U.S. registry listed in the effectivity of
Boeing Special Attention Service Bulletin 737-53-1296, dated January
11, 2011.
Request To Revise Compliance Time
American requested that we revise the initial compliance time for
replacing titanium seat track bolts with CRES bolts from 7,000 total
flight cycles or within 24 months, to 8,000 total flight cycles or
within 60 months (whichever occurs later) after the effective date of
this AD. American stated that extending this compliance time would
enable operators who have extended their maintenance program in
accordance with Boeing maintenance planning documents to accomplish the
replacement during the first heavy maintenance visit.
American also asked that, if the compliance time cannot be extended
for all airplanes, then the compliance time should be extended for
certain airplanes. For example, American has found and replaced sheared
bolts with new bolts on airplanes having between 13,000 and 15,000
total flight cycles. Therefore, American concluded that the inspection
interval could be extended to 7,000 flight cycles from ``bolt
replacement'' for airplanes for which maintenance records show the seat
track bolts were replaced previously. In addition, American stated that
the fact it is finding and replacing severed seat track bolts proves
that this condition will be detected and corrected by operators during
routine maintenance.
We disagree with extending the initial compliance time to 8,000
total flight cycles or 60 months. The inspection threshold of 7,000
total flight cycles was established by the manufacturer at
approximately 90 percent of fatigue life. In developing an appropriate
compliance time for this action, we considered the manufacturer's
recommendation, the safety implications, parts availability, and
maintenance schedules for the timely accomplishment of the inspection.
Affected operators may request approval of an alternative method of
compliance (AMOC) for an extension of the compliance times under the
provisions of paragraph (j) of this final rule by submitting data
substantiating that the change would provide an acceptable level of
safety. We have not changed the final rule in regard to this issue.
Request To Allow Re-Sequencing of Steps
American requested that we remove or reword the Differences Between
Proposed AD and Service Bulletin section of the preamble of the NPRM
(77 FR 26993, May 8, 2012) regarding the sentence that refers to the
sequence of the steps in Boeing Special Attention Service Bulletin 737-
53-1296, dated January 11, 2011. American stated that the sentence
specifies operators would be required to perform the repair using the
sequence of steps in Boeing Special Attention Service Bulletin 737-53-
1296, dated January 11, 2011. American stated that this language is
``ambiguous'' as no sections or figures in that service bulletin are
titled ``Repair.'' Therefore, it is unclear if the NPRM refers to the
entire service bulletin or only one portion.
American stated that the sequence of removing and installing bolts,
angles, or splice straps from the right side before the left side (or
from forward to aft instead of aft to forward) has no impact on safety
as long as the final installation of all parts is done in accordance
with Boeing Special Attention Service Bulletin 737-53-1296, dated
January 11, 2011. American requested that this exception to Boeing
Special Attention Service Bulletin 737-53-1296, dated January 11, 2011,
be removed or, at a minimum, re-worded to specifically state which
sections must be accomplished in the sequence specified in Boeing
Special Attention Service Bulletin 737-53-1296, dated January 11, 2011.
We agree that clarification is necessary. Note 1. in paragraph
3.A., ``General Information,'' of Boeing Special Attention Service
Bulletin 737-53-1296, dated January 11, 2011, specifies that ``the
instructions identified in Paragraph 3.B., Work Instructions, and the
Figure(s) give the recommended sequence of steps. The sequence of steps
to do this service bulletin can be changed.'' We agree that
accomplishing the left side before the right side or accomplishing
forward before aft does not have an impact on safety.
However, Note 1. in paragraph 3.A., ``General Information'' of
Boeing Special Attention Service Bulletin 737-53-1296, dated January
11, 2011, suggests this applies to the sequence of steps in
[[Page 68695]]
the figure(s), which clearly state ``in accordance with,'' in the
Accomplishment Instructions. When the words ``in accordance with'' are
included in a step in the Accomplishment Instructions, the operator
must follow the corresponding sequence of steps that are provided. For
example, if a step specifies to do a replacement ``in accordance with
Figure 1,'' then the steps within Figure 1 must be done in sequence.
This final rule does not dictate the order in which other steps are
performed.
Statement Regarding Installation of Winglets
Aviation Partners Boeing (APB) stated that the installation of
winglets per supplemental type certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the actions specified in the NPRM (77 FR 26993, May 8,
2012).
We concur. STC ST00830SE does not affect the ability to accomplish
the actions required by this final rule. Therefore, for airplanes on
which STC ST00830SE is installed, a ``change in product'' alternative
method of compliance (AMOC) approval request is not necessary to comply
with the requirements of section 39.17 of the Federal Aviation
Regulations (14 CFR 39.17).
Request To Include Note Regarding Access
American requested the following note be added to the NPRM (77 FR
26993, May 8, 2012): ``If it is necessary to remove more parts for
access, you can remove those parts. If you can get access without
removing identified parts, it is not necessary to remove all of the
identified parts. Jacking and shoring limitations must be observed.''
American stated that this general information note is needed to remove
the ambiguity relating to access required to accomplish the service
information, and that it would provide operators additional
flexibility.
We agree that clarification is necessary. This general information
note was one recently added to Boeing service information to remove the
ambiguity. However, Boeing Special Attention Service Bulletin 737-53-
1296, dated January 11, 2011, does not contain this note. We
acknowledge this information is helpful to remove the ambiguity related
to access required to accomplish the actions specified in Boeing
Special Attention Service Bulletin 737-53-1296, dated January 11, 2011.
We have added similar information in paragraph (g) of this final rule.
Request To Revise Paragraphs (g) and (h)(2) of the NPRM (77 FR 26993,
May 8, 2012)
AirTran/Southwest Airlines (AirTran/Southwest) requested that we
revise the wording in paragraphs (g) and (h)(2) of the NPRM (77 FR
26993, May 8, 2012) that reads ``. . . repair in accordance with a
method approved by the Manager, Seattle Aircraft Certification Office
(ACO), FAA. 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'' to ``. . . repair the seat track using
a method approved in accordance with the procedures specified in
paragraph (j) of this AD.'' Southwest stated that this change would
allow the ACO or Boeing Commercial Airplanes Organization Designation
Authorization (ODA) to approve the repair.
We agree. Paragraph (j)(3) of this AD already allows Boeing
Commercial Airplanes ODA to approve repairs if authorized by the
Seattle ACO. We have changed paragraphs (g) and (h)(2) of this final
rule to refer to paragraph (j) of this final rule, as requested by the
commenter.
Request To Clarify Installation Location in Paragraphs (g) and (h)(2)
of the NPRM (77 FR 26993, May 8, 2012)
AirTran/Southwest requested a note be added to paragraph (i) of the
NPRM (77 FR 26993, May 8, 2012) to clarify the location of a splice
strap installation. The commenter noted an error in Boeing Special
Attention Service Bulletin 737-53-1296, dated January 11, 2011, in Step
1, ``Move,'' of Figure 10, Sheet 5 of 7; and in Step 1, ``Move,'' of
Figure 12, Sheet 5 of 7. AirTran/Southwest stated the splice strap
needs to be centered with left buttock line (LBL) 45.50 and right
buttock line (RBL) 45.50, respectively--not LBL 24.75.
We agree that clarification is necessary. The errors noted by
AirTran/Southwest are present in Boeing Special Attention Service
Bulletin 737-53-1296, dated January 11, 2011. We acknowledge that the
splice strap needs to be centered with LBL 45.50 and RBL 45.50,
respectively--not LBL 24.75. Therefore, we have added Note 1 to
paragraph (i) of this AD to clarify the location of a splice strap
installation.
Request To Delay Issuance of AD
AirTran/Southwest requested a delay in the issuance of this final
rule until Boeing has had time to build up an adequate stock of seat
track bolt and splice part kits when frame replacements are required.
The commenter stated that Boeing currently has no kits in stock and has
a reorder time of 558 days. AirTran/Southwest stated that there would
be an economic and operational impact if Boeing has no stock of seat
track bolt and splice kits, or if it takes Boeing 558 days to re-stock
a kit.
We disagree with the request to delay release of this final rule.
Boeing has confirmed that the required kits are available to support of
the compliance times specified in this final rule. Should adequate
parts not be available approaching the end of the compliance period,
paragraph (j) of this final rule provides operators the opportunity to
request approval of an alternative compliance time if data are
presented that prove the alternative compliance time will provide an
acceptable level of safety. We have not changed this final rule in this
regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
[Agr]re consistent with the intent that was proposed in
the NPRM (77 FR 26993, May 8, 2012), for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 26993, May 8, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 973 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
[[Page 68696]]
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replacement of bolts and 18 work-hours x $85 per $1,991 $3,521 $3,425,933
installation of new splice strap. hour = $1,530.
Repetitive inspection.............. 3 work-hours x $85 per hour 0 255 248,115
= $255.
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We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
Authority for this Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2013-23-04 The Boeing Company: Amendment 39-17659; Docket No. FAA-
2012-0426; Directorate Identifier 2011-NM-087-AD.
(a) Effective Date
This AD is effective December 20, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-600, -700, -800,
-900, and -900ER series airplanes, with passenger seats installed;
certificated in any category; as identified in Boeing Special
Attention Service Bulletin 737-53-1296, dated January 11, 2011.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53: Fuselage.
(e) Unsafe Condition
This AD was prompted by reports that certain seat track bolts
were found with severed bolt heads due to fatigue. We are issuing
this AD to detect and correct missing or severed bolt heads, which,
if not corrected, could result in the inability of the seat track to
carry passenger loads, which could cause the seats to detach from
the seat track, resulting in possible injury to passengers during an
emergency landing or survivable crash.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Seat Track Bolt Replacement and Splice Strap Installation
Before the accumulation of 7,000 total flight cycles, or within
24 months after the effective date of this AD, whichever occurs
later: Replace titanium seat track bolts with corrosion resistant
steel (CRES) bolts at both the left and right sides of buttock lines
24.75 and 45.50, in accordance with the Accomplishment Instructions
of Boeing Special Attention Service Bulletin 737-53-1296, dated
January 11, 2011. If a titanium seat track bolt is found missing
from the structure during the accomplishment of the tasks required
by paragraph (g) of this AD: Before further flight, do a high
frequency eddy current (HFEC) inspection for cracking in the
fastener holes and a general visual inspection of the area,
including the splice strap and forward seat track for damage, and
replace missing bolts with new or serviceable CRES bolts, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1296, dated January 11, 2011. If
cracking or damage is found: Before further flight, repair the seat
track using a method approved in accordance with the procedures
specified in paragraph (j) of this AD. If it is necessary to remove
more parts for access, those parts may be removed. If access can be
obtained without removing identified parts, it is not necessary to
remove all identified parts. Jacking and shoring limitations should
be observed.
(h) Detailed and HFEC Inspections
Before the accumulation of 7,000 total flight cycles, or within
24 months after the effective date of this AD, whichever occurs
later: Do a detailed inspection and an HFEC inspection for cracking
in the holes common to the splice strap and forward seat track at
both the left and right sides of buttock lines 24.75 and 45.50, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1296, dated January 11, 2011.
Repeat the inspections thereafter at intervals not to exceed 7,000
flight cycles, until the actions specified in paragraph (i) of this
AD have been done.
(1) If a crack is found in the splice strap during any
inspection required by paragraph (h) of this AD: Before further
flight, replace the seat track bolts and install a new splice strap
part number (P/N) 146A5342-26 and retained angle at the affected
location, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1296, dated January
11, 2011.
(2) If a crack is found in the seat track during any inspection
required by paragraph (h) of this AD, and Boeing Special Attention
Service Bulletin 737-53-1296, dated January 11, 2011, specifies to
contact Boeing for appropriate action: Before further flight, repair
the seat track using a method approved
[[Page 68697]]
in accordance with the procedures specified in paragraph (j) of this
AD.
(i) Optional Terminating Action
Replacing the titanium seat track bolts with CRES bolts on both
the left and right sides of buttock lines 24.75 and 45.50 at station
727B, and installing a new splice strap P/N 146A5342-26, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1296, dated January 11, 2011,
terminates the repetitive inspections required by paragraph (h) of
this AD.
Note 1 to paragraph (i) of this AD: Boeing Special Attention
Service Bulletin 737-53-1296, dated January 11, 2011, contains an
error in Step 1, ``Move,'' of Figure 10, Sheet 5 of 7; and in Step
1, ``Move,'' of Figure 12, Sheet 5 of 7. The splice strap needs to
be centered with left buttock line 45.50 and right buttock line
45.50, respectively-- not left buttock line 24.75, as stated in that
service bulletin.
(j) 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 (k) of this AD.
Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by 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.
(k) 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 (ACO), 1601
Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6483; fax:
425-917-6590; email: [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 737-53-1296, dated
January 11, 2011.
(ii) Reserved.
(3) 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; Internet https://www.myboeingfleet.com.
(4) You may view this service information at 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 view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on November 4, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-27091 Filed 11-14-13; 8:45 am]
BILLING CODE 4910-13-P