[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Proposed Rules]
[Pages 42008-42010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14395]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21880; Directorate Identifier 2004-NM-216-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-300 and -300F Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

[[Page 42009]]


ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 767-300 and -300F series airplanes. This 
proposed AD would 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 proposed AD is prompted by reports 
indicating that a pilot's seat slid from the forward to the aft-most 
position during acceleration and take-off. We are proposing this AD to 
prevent uncommanded movement of the pilots' seats during acceleration 
and take-off of the airplane, and consequent reduced controllability of 
the airplane.

DATES: We must receive comments on this proposed AD by September 6, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, PO Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW, room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-21880; the directorate identifier for this docket is 
2004-NM-216-AD.

FOR FURTHER INFORMATION CONTACT: Sue Rosanske, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6448; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21880; 
Directorate Identifier 2004-NM-216-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light 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 with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
(DMS) receives them.

Discussion

    We have received reports indicating that the pilot's seat slid from 
the forward to the aft-most position during acceleration and take-off 
on a 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 reinstalled or replaced without fully 
testing the seat lock mechanism. Misalignment of the seat tracks, if 
not corrected, could result in uncommanded movement of the pilots' 
seats during acceleration and take-off of the airplane, and consequent 
reduced controllability of the airplane.
    The pilot seat locks and tracks on certain Model 737 series 
airplanes are identical to those on the affected Model 767-300 and -
300F series airplanes. Therefore, Model 767-300 and -300F series 
airplanes may be subject to the same unsafe condition.

Other Related Rulemaking

    On January 27, 1998, we issued AD 98-03-10, amendment 39-10302 (63 
FR 5725, February 4, 1998), applicable to certain Boeing Model 737, 
747, 757, and 767 series airplanes. AD 98-03-10 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. We issued 
AD 98-03-10 to prevent uncommanded movement of the pilots' seats during 
acceleration and take-off of the airplane, and consequent reduced 
controllability of the airplane.
    Since we issued AD 98-03-10, Boeing has issued Special Attention 
Service Bulletin 767-25-0244, Revision 2, dated September 2, 2004. 
Revision 2 adds five Model 767-300 and -300F series airplanes (variable 
numbers VK145, VL941, VN968, VW714, and VW715) to the effectivity of 
that service bulletin. We have determined that the unsafe condition of 
AD 98-03-10 may exist on these additional airplanes. Therefore, these 
airplanes are also subject to the one-time operational test of the 
pilots' seat locks and the seat tracks, and re-alignment of the seat 
tracks if necessary.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 767-25-
0244, Revision 2, dated September 2, 2004. The service bulletin 
describes 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, and re-alignment of 
the seat tracks if necessary. Accomplishing the actions specified in 
the service information is intended to adequately address the unsafe 
condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require accomplishing the actions specified in the service 
information described previously.

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Costs of Compliance

    There are 5 airplanes of the affected design in the worldwide 
fleet. This proposed AD would affect about 2 airplanes of U.S. 
registry. The proposed actions would take about 1 work hour per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of the proposed AD for U.S. operators is 
$130, or $65 per airplane.
    Re-alignment of the seat tracks, if necessary, would take about 2 
work hours per airplane, at an average labor rate of $65 per work hour. 
Based on these figures, the estimated cost of the re-alignment is $130 
per airplane.

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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    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 proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-21880; Directorate Identifier 2004-NM-
216-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by September 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 767-300 and -300F series airplanes, 
variable numbers VK145, VL941, VN968, VW714, and VW715, certificated 
in any category.

Unsafe Condition

    (d) This AD was prompted by reports indicating that the pilot's 
seat slid from the forward to the aft-most position during 
acceleration and take-off. We are issuing this AD to prevent 
uncommanded movement of the pilots' seats during acceleration and 
take-off of the airplane, and consequent reduced controllability of 
the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Re-Alignment if Necessary

    (f) Within 90 days after the effective date of this AD, do a 
one-time operational test of the pilots' seats and seat locks to 
determine if the lock pin of the seat track fully engages in all 
lock positions of the seat track, in accordance with Boeing Special 
Attention Service Bulletin 767-25-0244, Revision 2, dated September 
2, 2004. If the seat lock pin fully engages in all lock positions of 
the seat track, no further action is required by this AD. If the 
seat lock pin does not fully engage in all positions of the seat 
track, before further flight, re-align the seat tracks, in 
accordance with the service bulletin.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on July 13, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14395 Filed 7-20-05; 8:45 am]
BILLING CODE 4910-13-P