[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66172-66175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27882]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1011; Product Identifier 2018-NM-131-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 767-200, -300, -300F, and -400ER series 
airplanes. This proposed AD was prompted by reports of uncommanded 
movements of the Captain's and First Officer's seats. This proposed AD 
would require an identification of the part number, and if applicable 
the serial number, of the Captain's and First Officer's seats, and 
applicable on-condition actions. This proposed AD would also require a 
one-time detailed inspection and repetitive checks of the horizontal 
movement system of the Captain's and First Officer's seats, and 
applicable on-condition actions. This proposed AD would also provide an 
optional terminating action for the repetitive checks of the horizontal 
movement system for certain airplanes. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 11, 
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195. It 
is also available on the internet at http://www.regulations.gov by 
searching

[[Page 66173]]

for and locating Docket No. FAA-2018-1011.

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-2018-
1011; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3569; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-1011; 
Product Identifier 2018-NM-131-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports indicating that there have been 
uncommanded movements of the Captain's and First Officer's seats. A 
Model 747 operator reported that during a takeoff, the First Officer's 
seat unlocked from its seat tracks and moved aft. The First Officer was 
unable to control the airplane and the Captain took over the controls 
to avoid a rejected takeoff. The unlocking of the seat from the seat 
tracks was caused by actuator damage, which was a result of incorrect 
adjustment of the seat's manual release lever cable, which allowed the 
clutch mechanism to only partially engage. Captain's and First 
Officer's seats having the same part numbers are installed on both 
Model 747 and Model 767 airplanes. We are considering additional 
rulemaking to address the unsafe condition for Model 747 airplanes.
    In addition, one operator reported that the Captain's seat could 
not be locked in position after the horizontal position of the seat was 
adjusted in flight. The seat became unlocked from the track and moved 
freely forward and aft. Control was given to the First Officer for 
approach and landing. An inspection found that the horizontal actuator 
output shaft had broken. When a horizontal actuator output shaft 
breaks, the pilot cannot prevent seat movement in a forward and aft 
direction and cannot lock the seat in position. A broken horizontal 
actuator output shaft is the result of high loads that exceed the 
design limits that are caused by a stalled motor that can occur due to 
high mechanical resistance to motion during powered operation of the 
seat. Foreign object debris (FOD) in the seat tracks is another 
condition that can result in a stalled motor and cause the horizontal 
actuator output shaft to break.
    An un-commanded seat movement during a critical part of a flight, 
such as take-off or landing, could cause a flight control obstruction 
or unintended flight control input, which could result in the loss of 
the ability to control the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 767-25-0539, 
Revision 1, dated July 17, 2018 (``BSASB 767-25-0539, Revision 1''). 
The service information describes procedures for identification of the 
part number, and, if applicable, the serial number of the Captain's and 
First Officer's seats, and applicable on-condition actions. The on-
condition actions include an inspection of each seat's fore/aft and 
vertical manual control levers for looseness, installation of 
serviceable seats, and a seat functional test after any cable 
adjustment.
    We also reviewed Boeing Special Attention Service Bulletin 767-25-
0549, Revision 1, dated August 10, 2018 (``BSASB 767-25-0549, Revision 
1''). The service information describes procedures for a one-time 
detailed inspection and repetitive checks of the horizontal movement 
system of the Captain's and First Officer's seats for findings (e.g., 
evidence of cracks, scores, corrosion, dents, deformation or visible 
wear); and incorrectly assembled components (e.g., microswitch 
assemblies, actuators, and limit switches), and applicable on-condition 
actions. The on-condition actions include overhaul of the horizontal 
movement system, clearing the seat tracks of FOD, replacement of the 
horizontal actuator, and replacement of the horizontal movement system. 
The service information also describes procedures for an optional 
terminating action for the repetitive checks by installing a 
serviceable Captain's or First Officer's seat.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified in the Accomplishment Instructions of BSASB 767-25-0539, 
Revision 1, described previously, except as discussed under 
``Differences Between this Proposed AD and the Service Information,'' 
and except for any differences identified as exceptions in the 
regulatory text of this proposed AD.
    This proposed AD would also require accomplishment of the actions 
identified as ``RC'' (required for compliance) in the Accomplishment 
Instructions of BSASB 767-25-0549, Revision 1, described previously, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-1011.

Differences Between This Proposed AD and the Service Information

    The effectivity of BSASB 767-25-0539, Revision 1; and BSASB 767-25-
0549, Revision 1, is limited to Model 767-200, -300, -300F, and -400ER 
series airplanes with Ipeco part number series 3A090 and 3A258 
Captain's and First Officer's powered seats installed, line numbers 161 
and on. However, the applicability of this proposed AD includes all 
Model 767-200, -300, -300F, and -400ER series airplanes. Because the 
affected Captain's and First Officer's seats are rotable parts, we have

[[Page 66174]]

determined that these seats could later be installed on airplanes that 
were initially delivered with acceptable seats, thereby subjecting 
those airplanes to the unsafe condition. The referenced service 
bulletins can be used on airplanes not included in the service bulletin 
effectivity. This difference has been coordinated with Boeing.
    Where BSASB 767-25-0539, Revision 1, specifies to do the actions 
``within 72 months after the Original Issue date of this service 
bulletin,'' this AD would require accomplishment of those actions 
``within 36 months after the effective date of this AD.'' The 36-month 
compliance time corresponds with the compliance time in BSASB 767-25-
0549, Revision 1. We have determined a 36-month compliance time is 
appropriate for doing the actions specified in this proposed AD. We 
have coordinated this difference with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 90 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Identification, seat.............  1 work-hour x $85                $0  $85................  $7,650 per seat.
                                    per hour = $85.
Detailed inspection, horizontal    1 work-hour x $85                 0  $85 per seat.......  $7,650 per seat.
 movement system.                   per hour = $85,
                                    per seat.
Checks, horizontal movement        2 work-hour x $85                 0  $170 per seat, per   $15,130 per seat,
 system.                            per hour = $170                      check cycle.         per check cycle.
                                    per seat, per
                                    check cycle.
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    We estimate the following costs to do any necessary on-condition 
actions that would be required. We have no way of determining the 
number of aircraft that might need these on-condition actions:

                                    Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
              Action                    Labor cost            Parts cost                Cost per product
----------------------------------------------------------------------------------------------------------------
Adjustment, control lever cable..  1 work-hour x $85     $0..................  $85 per seat.
                                    per hour = $85, per
                                    seat.
Overhaul or replacement,           Up to 15 work-hours   Up to $6,400 per      Up to $7,675 per seat.
 horizontal movement system.        x $85 per hour =      seat.
                                    $1,275, per seat.
Inspection of each seat's fore/    1 work-hour x $85     $0..................  $85 per seat.
 aft and vertical manual control    per hour = $85, per
 levers.                            seat.
Installation of serviceable seats  1 work-hour x $85     $0..................  $85 per seat.
                                    per hour = $85, per
                                    seat.
Clearing FOD.....................  1 work-hour x $85     $0..................  $85 per seat.
                                    per hour = $85, per
                                    seat.
Replacement of the horizontal      1 work-hour x $85     $205................  $290, per actuator.
 actuator.                          per hour = $85, per
                                    actuator.
Functional test, adjusted control  1 work-hour x $85     $0..................  $85, per seat.
 lever cable.                       per hour = $85, per
                                    seat.
----------------------------------------------------------------------------------------------------------------
* The estimated cost for tooling to align an affected seat for adjustment of the control lever cable is up to
  $46,064.

    We have received no definitive data that would enable us to provide 
cost estimates for the optional terminating action for the on-condition 
repetitive checks specified in this proposed AD.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We 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 this 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),
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator,

[[Page 66175]]

the FAA proposes to amend 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):

The Boeing Company: Docket No. FAA-2018-1011; Product Identifier 
2018-NM-131-AD.

(a) Comments Due Date

    We must receive comments by February 11, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of uncommanded movements of the 
Captain's and First Officer's seats. We are issuing this AD to 
address uncommanded movement of the Captain's and First Officer's 
seats. An uncommanded seat movement during a critical part of a 
flight, such as take-off or landing, could cause a flight control 
obstruction or unintended flight control input, which could result 
in the loss of the ability to control the airplane.

(f) Compliance

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

(g) Seat Identification and On-Condition Actions

    Within 36 months after the effective date of this AD, do an 
inspection to determine the part number, and serial number as 
applicable, of the Captain's and First Officer's seats, and do all 
applicable on-condition actions, in accordance with the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0539, Revision 1, dated July 17, 2018.

(h) Detailed Inspection and Repetitive Checks of Horizontal Movement 
System and On-Condition Actions

    Except as specified in paragraph (i) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 767-25-0549, Revision 1, 
dated August 10, 2018 (``BSASB 767-25-0549, Revision 1''), do all 
applicable actions identified as ``RC'' (required for compliance) 
in, and in accordance with, the Accomplishment Instructions of BSASB 
767-25-0549, Revision 1.

(i) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of 
this AD: Where BSASB 767-25-0549, Revision 1, uses the phrase ``the 
original issue date of this service bulletin,'' this AD requires 
using ``the effective date of this AD.''

(j) Optional Terminating Action for Repetitive Checks

    (1) For Group 1, Configuration 2 and 4 airplanes identified in 
BSASB 767-25-0549, Revision 1: Installation of a serviceable 
Captain's seat, as specified in, and in accordance with, the 
Accomplishment Instructions of BSASB 767-25-0549, Revision 1, 
terminates the repetitive checks of the Captain's seat as required 
by paragraph (h) of this AD for that airplane only.
    (2) For Group 1, Configuration 3 and 4 airplanes: Installation 
of a serviceable First Officer's seat BSASB 767-25-0549, Revision 1, 
as specified in, and in accordance with, the Accomplishment 
Instructions of BSASB 767-25-0549, Revision 1, terminates the 
repetitive checks of the First Officer's seat as required by 
paragraph (h) of this AD for that airplane only.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the 
person identified in paragraph (l)(1) of this AD. Information may be 
emailed to: [email protected].
    (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, modification, or alteration 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 Branch, FAA, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(4)(i) and (k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    (1) For more information about this AD, contact Brandon Lucero, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3569; email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on December 13, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-27882 Filed 12-21-18; 8:45 am]
BILLING CODE 4910-13-P