[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Proposed Rules]
[Pages 73392-73393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23905]


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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).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD) for certain Boeing Model 
767-300

[[Page 73393]]

and -300F series airplanes. The proposed AD would have required 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. Since the 
proposed AD was issued, we have received new data that the affected 
airplanes are included in the applicability of an existing AD that 
addresses the unsafe condition. Accordingly, the proposed AD is 
withdrawn.

ADDRESSES: You may 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
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:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for certain Boeing Model 767-300 and -300F series airplanes. That 
NPRM was published in the Federal Register on July 21, 2005 (70 FR 
42008). The NPRM would have required 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. The NPRM resulted from reports 
indicating that a pilot's seat slid from the forward to the aft-most 
position during acceleration and take-off. The proposed actions were 
intended to prevent uncommanded movement of the pilots' seats during 
acceleration and take-off of the airplane, and consequent reduced 
controllability of the airplane.

Actions Since NPRM Was Issued

    Since we issued the NPRM, we have determined that the affected 
Boeing Model 767-300 and -300F series airplanes, variable numbers (V/
Ns) VK145, VL941, VN968, VW714, and VW715, are already included in the 
applicability of existing AD 98-03-10, amendment 39-10302 (63 FR 5725, 
February 4, 1998). We have further determined that, since the 
identified unsafe condition is being adequately addressed on these five 
affected airplanes by existing AD 98-03-10, it is unnecessary to 
provide further rulemaking at this time.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Remove Certain Airplanes From the Applicability

    Two commenters request that we remove certain airplanes from the 
applicability of the NPRM. One commenter operates the affected airplane 
having V/N VL914, which corresponds to line number (L/N) 637. (We infer 
the commenter meant to reference V/N VL941.) A second commenter 
operates affected airplanes having V/Ns VW714 and VW715, which 
correspond to L/Ns 638 and 640, respectively. Both commenters state 
that their affected airplanes are included in the applicability of AD 
98-03-10, which is applicable to certain Model 737, 747, 757, and 767 
airplanes, having certain line numbers; equipped with non-powered IPECO 
pilots' seats. Of the affected Model 767 airplanes, AD 98-03-10 is 
applicable to L/Ns 1 through 642 inclusive.
    As discussed previously, we agree with the commenter's request.

FAA's Conclusions

    Upon further consideration, we have determined that the five Model 
767-300 and -300F series airplanes, which were added to the effectivity 
of Boeing Special Attention Service Bulletin 767-25-0244, Revision 2, 
dated September 2, 2004, are included in the applicability of an 
existing AD that addresses the unsafe condition. Accordingly, the NPRM 
is withdrawn.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another related action or commit the FAA to any course of action in the 
future.

Regulatory Impact

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule and therefore is not covered under Executive Order 
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2005-21880, 
Directorate Identifier 2004-NM-216-AD, which was published in the 
Federal Register on July 21, 2005 (70 FR 42008).

    Issued in Renton, Washington, on December 6, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23905 Filed 12-9-05; 8:45 am]
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