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[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Rules and Regulations]
[Pages 72121-72123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28132]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0168; Directorate Identifier 2013-NM-208-AD; 
Amendment 39-18039; AD 2014-24-06]
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 787-8 airplanes. This AD was prompted by 
failure during testing of the anchor attachment on the occupant 
restraint system on the standard attendant seat due to an understrength 
attachment fitting. This AD requires replacing the existing restraint 
attachment fitting on the standard attendant seat with a new, improved 
attachment fitting. We are issuing this AD to prevent failure of the 
restraint attachment fitting of the attendant seat during an emergency 
landing, which could cause injury to the cabin crew and passengers and 
could impede a rapid evacuation.

DATES: This AD is effective January 9, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 9, 
2015.

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 https://www.myboeingfleet.com. 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0168; 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: Eric M. Brown, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6746; fax: 425-917-6590; email: 
eric.m.brown@faa.gov.

[[Page 72122]]

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 787-8 airplanes. The NPRM published in the Federal Register on 
March 28, 2014 (79 FR 17455). The NPRM was prompted by failure during 
testing of the anchor attachment on the occupant restraint system on 
the standard attendant seat due to an understrength attachment fitting. 
The NPRM proposed to require replacing the existing restraint 
attachment fitting on the standard attendant seat with a new, improved 
attachment fitting. We are issuing this AD to prevent failure of the 
restraint attachment fitting of the attendant seat during an emergency 
landing, which could cause injury to the cabin crew and passengers and 
could impede a rapid evacuation.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 17455, March 28, 2014) and the FAA's response to each comment.

Request To Change the Reason for the Unsafe Condition

    Boeing asked that we change the reason for the unsafe condition in 
the SUMMARY and Discussion sections of the NPRM (79 FR 17455, March 28, 
2014). The reason specifies that the AD was prompted by failure of the 
anchor attachment on the occupant restraint system on the standard 
attendant seat due to an undersized attachment fitting. Boeing stated 
that the reason stated in the NPRM is ambiguous and may give an 
incorrect impression of the nature of the failure. Boeing asked that 
the reason be changed to specify that the triggering failure occurred 
during testing, and not in service.
    We agree with the commenter that the failure of the anchor 
attachment occurred during testing. We have changed this final rule 
accordingly.

Requests for Changes to the Unsafe Condition

    Boeing asked that we clarify the unsafe condition specified in the 
SUMMARY and Discussion sections of the NPRM (79 FR 17455, March 28, 
2014). The unsafe condition in the NPRM specified that the AD is being 
issued to ``prevent failure'' of the restraint attachment fitting and 
consequent ``detachment of the attendant seat. . . .'' Boeing stated 
that the language should be clarified to specify that only the 
restraint system, not the attendant seat, will detach. Boeing added 
that the undersized fitting is not the correct reason for the failure 
because the geometry of the existing fitting increased the local 
internal loads beyond the attachment capability, and the new fitting is 
actually smaller than the existing fitting, yet reduces the internal 
loads that lead to failure.
    We agree with the commenter that only the restraint system, not the 
attendant seat, will detach. We have clarified this language in the 
SUMMARY and Discussion sections, as well as paragraph (e) of this final 
rule.
    We agree that the failure is due to the excessive internal loads 
generated by the attachment fitting geometry; however, we note that the 
term ``undersized'' refers to the loading capability of the attachment 
fitting, not the actual physical size. We have clarified the SUMMARY 
and Discussion sections, as well as paragraph (e) of this final rule, 
by changing the term ``undersized'' to ``understrength.''
    Boeing also asked that the end level effect, which specifies in 
part, ``. . . could cause injury to passengers and crew . . .'' be 
changed to ``. . . could cause injury to cabin crew and passengers. . 
.'' Boeing stated that the language in the NPRM (79 FR 17455, March 28, 
2014) could suggest that the equivalent or primary threat is to 
passengers because they are identified first; however, the primary 
threat would be to the cabin crew. Boeing noted that unrestrained cabin 
crew may be injured by impact to the aircraft interior or other cabin 
crew or passengers.
    We agree with the commenter that the primary threat would be to the 
cabin crew. Our evaluation shows that an injury to a flight attendant 
would increase the risk of injury to a passenger during an emergency 
evacuation. We have clarified the SUMMARY and Discussion sections, as 
well as paragraph (e) of this final rule, to include the phrase 
``injury to the cabin crew and passengers.''

Request To Clarify the Applicability Section

    Boeing asked that we clarify the scope of the affected airplanes 
specified in the SUMMARY section of the NPRM (79 FR 17455, March 28, 
2014), by referring to the service information as follows: ``. . . 
certain The Boeing Company Model 787-8 airplanes, certificated in any 
category, as identified in Boeing Service Bulletin B787-81205-SB250027-
00, Issue 001, dated January 14, 2014.'' Boeing stated that the current 
language identifies the target airplanes only as ``certain The Boeing 
Company 787-8 airplanes,'' which is not specific.
    We disagree with the request to add details for the affected 
airplanes specified in the SUMMARY section. The SUMMARY section of this 
final rule provides an overview and does not include detailed 
information. Paragraph (c) of this AD lists the full details for the 
airplanes affected by this final rule. We have, however, changed the 
applicability section specified in paragraph (c) of this AD to also 
refer to the effectivity of Boeing Service Bulletin B787-81205-
SB250027-00, Issue 001, dated January 14, 2014.

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. 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 1 airplane 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         operators
----------------------------------------------------------------------------------------------------------------
Replacement.......................  1 work-hour x $85 per                  $0              $85              $85
                                     hour = $85.
----------------------------------------------------------------------------------------------------------------

[[Page 72123]]

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):

2014-24-06 The Boeing Company: Amendment 39-18039; Docket No. FAA-
2014-0168; Directorate Identifier 2013-NM-208-AD.

(a) Effective Date

    This AD is effective January 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, 
certificated in any category, with Goodrich Model 2787 seat 
assemblies installed; as identified in Boeing Service Bulletin B787-
81205-SB250027-00, Issue 001, dated January 14, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by failure during testing of the anchor 
attachment on the occupant restraint system on the standard 
attendant seat due to an understrength attachment fitting. We are 
issuing this AD to prevent failure of the restraint attachment 
fitting of the attendant seat during an emergency landing, which 
could cause injury to the cabin crew and passengers and could impede 
a rapid evacuation.

(f) Compliance

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

(g) Replacement

    Within 24 months after the effective date of this AD: Replace 
the existing restraint attachment fitting on the standard attendant 
seat with a new, improved attachment fitting, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB250027-00, Issue 001, dated January 14, 2014; and UTC Aerospace 
Systems Service Bulletin 2787-25-006, Revision B, dated July 10, 
2013.

(h) 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 (i) 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.

(i) Related Information

    For more information about this AD, contact Eric M. Brown, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; phone: 425-917-6476; fax: 425-
917-6590; email: eric.m.brown@faa.gov.

(j) 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 Service Bulletin B787-81205-SB250027-00, Issue 001, 
dated January 14, 2014.
    (ii) UTC Aerospace Systems Service Bulletin 2787-25-006, 
Revision B, dated July 10, 2013.
    (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; Internet https://www.myboeingfleet.com.
    (4) 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.
    (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 19, 2014.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28132 Filed 12-4-14; 8:45 am]
BILLING CODE 4910-13-P
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