[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Rules and Regulations]
[Pages 5725-5727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2529]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-334-AD; Amendment 39-10302; AD 98-03-10]
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.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 737, 747, 757, and 767 series 
airplanes, that currently 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 revises the applicability 
of the existing AD. 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 February 19, 1998.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of February 19, 1998.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of July 31, 1997 (62 FR 38017, July 16, 1997).
    Comments for inclusion in the Rules Docket must be received on or 
before April 6, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-334-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: Meghan Gordon, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2207; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On July 9, 1997, the FAA issued AD 97-15-06, 
amendment 39-10079 (62 FR 38017, July 16, 1997), applicable to certain 
Boeing Model 737, 747, 757, and 767 series airplanes equipped with non-
powered IPECO pilots' seats, to require 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. That action was 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 required 
by that AD are intended to prevent uncommanded

[[Page 5726]]

movement of the pilots' seats during acceleration and take-off of the 
airplane, and consequent reduced controllability of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, Boeing has notified the FAA that the 
effectivity of the Boeing service bulletins referenced in the existing 
AD (1) does not include airplanes for which the potential for seat 
track misalignment exists, and (2) incorrectly includes airplanes on 
which seat track misalignment problems do not exist.

Explanation of Relevant Service Information

    The FAA has reviewed and approved the following Boeing service 
bulletins, all dated January 15, 1998:
     737-25-1334, Revision 1 (for Model 737 series airplanes);
     747-25-3132, Revision 1 (for Model 747 series airplanes);
     757-25-0183, Revision 2 (for Model 757 series airplanes); 
and
     767-25-0244, Revision 1 (for Model 767 series airplanes).
    These revisions are essentially identical to the original issues of 
the service bulletins. However, the effectivity of these service 
bulletin revisions has been revised to add certain airplanes equipped 
with IPECO manually operated (non-powered) flight deck seats, and to 
delete airplanes on which IPECO non-powered flight deck seats are not 
installed.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 97-15-06 to continue to require 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 revises 
the applicability of the existing AD to add certain airplanes and to 
remove others.

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 
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-334-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 removing amendment 39-10079 (62 FR 
38017, July 16, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-10302, to read as follows:

98-03-10  Boeing: Amendment 39-10302. Docket 97-NM-334-AD. 
Supersedes AD 97-15-06, Amendment 39-10079.

    Applicability: Models 737, 747, 757, and 767 series airplanes, 
certificated in any category; equipped with non-powered IPECO 
pilots' seats; and having the following line position numbers:

------------------------------------------------------------------------
          Airplane model                     Line position Nos.         
------------------------------------------------------------------------
737...............................  1 through 2836 inclusive.           
747...............................  1 through 1104 inclusive.           
757...............................  1 through 731 inclusive.            
767...............................  1 through 642 inclusive.            
------------------------------------------------------------------------

    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 (c) 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.

    Note 2: Paragraph (a) of this AD merely restates the 
requirements of paragraph (a) of

[[Page 5727]]

AD 97-15-06, amendment 39-10079. As allowed by the phrase, ``unless 
accomplished previously,'' if those requirements of AD 97-15-06 have 
already been accomplished, this AD does not require that those 
actions be repeated.

    To prevent uncommanded movement of the pilots' seats during 
acceleration and take-off of the airplane, and consequent reduced 
controllability of the airplane, accomplish the following:
    (a) For airplanes equipped with non-powered IPECO pilots' seats 
as listed in Boeing Service Bulletin 737-25-1334, 747-25-3132, 757-
25-0183, or 767-25-0244, all dated December 19, 1996: Within 90 days 
after July 31, 1997 (the effective date of AD 97-15-06, amendment 
39-10079), 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, dated December 19, 1996, 
or Revision 1, dated January 15, 1998 (for Model 737 series 
airplanes); 747-25-3132, dated December 19, 1996, or Revision 1, 
dated January 15, 1998 (for Model 747 series airplanes); 757-25-
0183, dated December 19, 1996, or Revision 2, dated January 15, 1998 
(for Model 757 series airplanes); or 767-25-0244, dated December 19, 
1996, or Revision 1, dated January 15, 1998 (for Model 767 series 
airplanes); 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) For airplanes other than those identified in paragraph (a) 
of this AD: 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, Revision 1 (for Model 737 
series airplanes); 747-25-3132, Revision 1 (for Model 747 series 
airplanes); 757-25-0183, Revision 2 (for Model 757 series 
airplanes); or 767-25-0244, Revision 1 (for Model 767 series 
airplanes); all dated January 15, 1998, 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 (b) of this AD.
    (c)(1) 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. Alternative 
methods of compliance, approved previously in accordance with AD 97-
15-06, amendment 39-10079, are approved as alternative methods of 
compliance for this AD.
    (c)(2) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (d) 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.
    (e) The actions shall be done in accordance with the following 
Boeing Service Bulletins, as applicable:

------------------------------------------------------------------------
                                                      Service bulletin  
    Service bulletin No.         Revision level             date        
------------------------------------------------------------------------
737-25-1334.................  Original............  December 19, 1996.  
747-25-3132.................  Original............  December 19, 1996.  
757-25-0183.................  Original............  December 19, 1996.  
767-25-0244.................  Original............  December 19, 1996.  
737-25-1334.................  1...................  January 15, 1998.   
747-25-3132.................  1...................  January 15, 1998.   
757-25-0183.................  2...................  January 15, 1998.   
767-25-0244.................  1...................  January 15, 1998.   
------------------------------------------------------------------------

    (1) The incorporation by reference of Boeing Service Bulletin 
737-25-1334, Revision 1; Boeing Service Bulletin 747-25-3132, 
Revision 1; Boeing Service Bulletin 757-25-0183, Revision 2; and 
Boeing Service Bulletin 767-25-0244, Revision 1; all dated January 
15, 1998; is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Service Bulletin 
737-25-1334, Boeing Service Bulletin 747-25-3132, Boeing Service 
Bulletin 757-25-0183, and Boeing Service Bulletin 767-25-0244; all 
dated December 19, 1996; was approved previously by the Director of 
the Federal Register as of July 31, 1997 (62 FR 38017, July 16, 
1997).
    (3) 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.
    (f) This amendment becomes effective on February 19, 1998.

    Issued in Renton, Washington, on January 27, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-2529 Filed 2-3-98; 8:45 am]
BILLING CODE 4910-13-U