[Federal Register: September 18, 2007 (Volume 72, Number 180)]
[Rules and Regulations]
[Page 53110-53112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se07-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28075; Directorate Identifier 2007-NE-21-AD;
Amendment 39-15204; AD 2007-19-13]
RIN 2120-AA64
Airworthiness Directives; B/E Aerospace Skyluxe II (AA2)
Passenger Seats
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
the United Kingdom (UK) to identify and correct an unsafe condition on
B/E Aerospace Skyluxe II (AA2) passenger seats. The MCAI states the
following:
Compliance is required with B/E Aerospace Alert Service Bulletin
25-20-2658 not later than one month from receipt of the bulletin.
The Alert Service Bulletin requires inspection and re-orientation of
the Hydrolok retaining pin. This action is required because under
certain conditions the Hydrolok pin can migrate and disconnect from
the seat structure, resulting in the seat back having no rearward
restraint and allowing it to rotate aft into the seat or exit
pathway behind.
We are issuing this AD to prevent detachment of the seat hydrolok pin,
allowing the seat back to rotate aft without restraint, which could
lead to occupant injury.
DATES: This AD becomes effective October 3, 2007.
The Director of the Federal Register approved the incorporation by
reference of B/E Aerospace Alert Service Bulletin No. 25-20-2658, dated
November 12, 2001, listed in the AD as of October 18, 2007.
We must receive comments on this AD by October 18, 2007.
ADDRESSES: The Docket Operations office is located at U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Operations office 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 street address for the Docket
Operations office (telephone (800) 647-5527) is provided in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803; e-
mail: Jeffrey.lee@faa.gov; telephone (781) 238-7161; fax (781) 238-
7170.
SUPPLEMENTARY INFORMATION:
[[Page 53111]]
Discussion
The Civil Aviation Authority (CAA), which is the civil aviation
authority for the UK, has issued AD 002-11-2001, dated November 27,
2001, to correct an unsafe condition for the specified products. The
CAA AD states:
Compliance is required with B/E Aerospace Alert Service Bulletin
25-20-2658 not later than one month from receipt of the bulletin.
The Alert Service Bulletin requires inspection and re-orientation of
the Hydrolok retaining pin. This action is required because under
certain conditions the Hydrolok pin can migrate and disconnect from
the seat structure, resulting in the seat back having no rearward
restraint and allowing it to rotate aft into the seat or exit
pathway behind.
You may obtain further information by examining the CAA AD in the AD
docket.
Relevant Service Information
B/E Aerospace has issued Alert Service Bulletin (ASB) No. 25-20-
2658, dated November 12, 2001. The actions described in this service
information are intended to correct the unsafe condition identified in
the CAA AD.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of the UK
and is approved for operation in the United States. Pursuant to our
bilateral agreement with the UK, they have notified us of the unsafe
condition described in the CAA AD and service information referenced
above. We are issuing this AD because we evaluated all the information
provided by the CAA and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.
This AD requires inspection and re-orientation of the Hydrolok
retaining pin.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because B/E
Aerospace requires compliance with the ASB within one month of receipt
of the ASB. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2007-28075; Directorate
Identifier 2007-NE-21-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive about 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
We 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 this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2007-19-13 B/E Aerospace: Amendment 39-15204; Docket No. FAA-2007-
28075; Directorate Identifier 2007-NE-21-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
3, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to B/E Aerospace Skyluxe II (AA2) passenger
seats. These seats are installed on, but not limited to, Airbus
A300, A300-600, A320, A321, A330, and A340 series airplanes; Boeing
737-800 series, 747-200, -300, and -400 series; 767-200 and -300
series; 777-200 and -300 series airplanes; and McDonnell Douglas MD-
11 airplanes.
Reason
(d) United Kingdom (UK) Civil Aviation Authority (CAA) AD 002-
11-2001, dated November 27, 2001, states:
Compliance is required with B/E Aerospace Alert Service Bulletin
25-20-2658 not later than one month from receipt of the bulletin.
The Alert Service Bulletin requires inspection and re-orientation of
the Hydrolok retaining pin. This action is required because under
certain conditions the Hydrolok pin can migrate and disconnect from
the seat structure, resulting in the seat back having no rearward
restraint and allowing it to rotate aft into the seat or exit
pathway behind.
We are issuing this AD to prevent detachment of the seat hydrolok
pin, allowing the seat back to rotate aft without restraint, which
could lead to occupant injury.
Actions and Compliance
(e) Unless already done, do the following actions within 30 days
after the effective date of this AD:
[[Page 53112]]
(1) Visually inspect and re-orient if necessary, Hydrolok
retaining pins.
(2) Use paragraphs 3.1.1 through 3.1.13 of Accomplishment
Instructions of B/E Aerospace Alert Service Bulletin No. 25-20-2658,
dated November 12, 2001, to perform the inspections and re-
orientations.
Other FAA AD Provisions
(f) Alternative Methods of Compliance (AMOCs): The Manager,
Boston Aircraft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19.
Related Information
(g) Refer to UK CAA AD 002-11-2001, dated November 27, 2001, for
related information.
(h) Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
Jeffrey.lee@faa.gov; telephone (781) 238-7161; fax (781) 238-7170,
for more information about this AD.
Material Incorporated by Reference
(i) You must use B/E Aerospace Alert Service Bulletin No. 25-20-
2658, dated November 12, 2001, to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact B/E
Aerospace, (UK) Ltd., Grovebury Road, Leighton Buzzard,
Bedfordshire, England LU7 4TB; telephone 44 1525 858 371.
(3) You may review service information copies at the FAA, New
England Region, 12 New England Executive Park, Burlington, MA; or 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 Burlington, Massachusetts, on September 12, 2007.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. E7-18336 Filed 9-17-07; 8:45 am]
BILLING CODE 4910-13-P