[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)] [Rules and Regulations] [Pages 38017-38018] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-18502] [[Page 38017]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 97-NM-123-AD; Amendment 39-10079; AD 97-15-06] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737, 747, 757, and 767 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This amendment adopts a new airworthiness directive (AD) that is applicable to certain Boeing Model 737, 747, 757, and 767 series airplanes. This action requires a one-time operational test of the pilots' seat locks and the seat tracks to ensure that the seats lock in position and the seat tracks are aligned correctly; and re-alignment of the seat tracks, if necessary. This amendment is prompted by reports indicating that a pilot's seat slid from the forward position to the aft-most position during acceleration and take-off of the airplane due to misalignment of the seat tracks. The actions specified in this AD are intended to prevent uncommanded movement of the pilots' seats during acceleration and take-off of the airplane, and consequent reduced controllability of the airplane. DATES: Effective July 31, 1997. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 31, 1997. Comments for inclusion in the Rules Docket must be received on or before September 15, 1997. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 97-NM-123-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. The service information referenced in this AD may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Monica Nemecek, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington; telephone (425) 227-2773; fax (425) 227-1181. SUPPLEMENTARY INFORMATION: The FAA has received reports indicating that a pilot seat slid to the aft-most position during acceleration and take-off on a Boeing Model 737 series airplane. Investigation revealed that the seat track was aligned incorrectly; misalignment of the seat tracks can occur when seat tracks have been re-installed or replaced without fully testing the seat lock mechanism. Such misalignment of the seat tracks, if not corrected, could result in uncommanded movement of the pilots' crew seats during acceleration and take-off of the airplane, and consequent reduced controllability of the airplane. Similar Models Subject to the Unsafe Condition Lock mechanisms of the seat tracks of the pilots' seats installed on Model 737 series airplanes are similar to those installed on Boeing Model 747, 757, and 767 series airplanes; therefore, all of these models may be subject to this same unsafe condition. Explanation of Relevant Service Information The FAA has reviewed and approved the following Boeing Service Bulletins, all dated December 19, 1996:737-25-1334 (for Model 737 series airplanes); 747-25-3132 (for Model 747 series airplanes); 757-25-0183 (for Model 757 series airplanes); and 767-25-0244 (for Model 767 series airplanes). These service bulletins describe procedures for a one-time operational test of the pilots' seat locks and the seat tracks to ensure that the seats lock in position and the seat tracks are aligned correctly. These service bulletins also describe procedures to re-align the seat tracks, if necessary. Additionally, these service bulletins point out that the appropriate Airplane Maintenance Manuals (AMM) have been revised to include procedures for accomplishing continuing operational tests of the seat locks, and re-alignment of the seat tracks, if necessary. The one-time operational test of the pilots' seat locks and seat tracks, and re-alignment, if necessary, as described in the service bulletins, along with continued accomplishment of those procedures in accordance with the AMM, will prevent uncommanded movement of the pilots' seats during acceleration and take-off of the airplane. Explanation of the Requirements of the Rule Since an unsafe condition has been identified that is likely to exist or develop on other Boeing Model 737, 747, 757, and 767 series airplanes of the same type design, this AD is being issued to prevent uncommanded movement of the pilots' seats due to misalignment of the seat tracks. This AD requires a one-time operational test of the pilots' seat locks and the seat tracks to ensure that the seats lock in position and that the seat tracks are aligned correctly. This AD also requires re-alignment of the seat tracks, if necessary. The actions are required to be accomplished in accordance with the applicable service bulletin described previously. Determination of Rule's Effective Date Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments [[Page 38018]] submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 97-NM-123-AD.'' The postcard will be date stamped and returned to the commenter. Regulatory Impact The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: 97-15-06 Boeing: Amendment 39-10079. Docket 97-NM-123-AD. Applicability: Model 737, 747, 757, and 767 series airplanes equipped with IPECO pilots' seats; as listed in Boeing Service Bulletins 737-25-1334, 747-25-3132, 757-25-0183, and 767-25-0244; all dated December 19, 1996; certificated in any category. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (b) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. Compliance: Required as indicated, unless accomplished previously. To prevent uncommanded movement of the pilots' seats during acceleration and take-off of the airplane; accomplish the following: (a) Within 90 days after the effective date of this AD, perform a one-time operational test of the pilots' seats and the seat locks to determine that the lock pin of the seat track fully engages in all lock positions of the seat track, in accordance with Boeing Service Bulletin 737-25-1334 (for Model 737 series airplanes), 747- 25-3132 (for Model 747 series airplanes), 757-25-0183 (for Model 757 series airplanes), or 767-25-0244 (for Model 767 series airplanes); all dated December 19, 1996; as applicable. (1) If the seat lock pin fully engages in all lock positions of the seat track, no further action is required by this AD. (2) If the seat lock pin does not fully engage in all positions of the seat track, prior to further flight, re-align the seat tracks, in accordance with the applicable service bulletin specified in paragraph (a) of this AD. (b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Seattle ACO. (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. (d) The actions shall be done in accordance with Boeing Service Bulletin 737-25-1334, dated December 19, 1996; Boeing Service Bulletin 747-25-3132, dated December 19, 1996; Boeing Service Bulletin 757-25-0183, dated December 19, 1996; or Boeing Service Bulletin 767-25-0244, dated December 19, 1996. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. (e) This amendment becomes effective on July 31, 1997. Issued in Renton, Washington, on July 9, 1997. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 97-18502 Filed 7-15-97; 8:45 am] BILLING CODE 4910-13-P