[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66612-66615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27886]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0711; Product Identifier 2018-NM-062-AD; Amendment
39-19533; AD 2018-26-03]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 757-200 series airplanes. This AD was prompted by
reports of uncommanded movement of the captain's and first officer's
seats. This AD requires, for the captain's and first officer's seats,
repetitive horizontal actuator identifications, repetitive checks of
the horizontal movement system (HMS), a detailed inspection of the HMS,
as applicable, and applicable on-condition actions. This AD also
requires a general visual inspection to determine the seat part numbers
of the captain's and first officer's seats, a cable adjustment check on
seats with certain seat part numbers, and applicable on-condition
actions. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective January 31, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 31,
2019.
ADDRESSES: For service information identified in this final rule,
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 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 for and locating Docket No. FAA-2018-
0711.
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-
0711; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Myra Kuck, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316;
fax: 562-627-5210; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 757-200 series airplanes. The NPRM published in the Federal
Register on August 16, 2018 (83 FR 40710). The NPRM was prompted by
reports of uncommanded movement of the captain's and first officer's
seats. The NPRM proposed to require, for the captain's and first
officer's seats, repetitive horizontal actuator identifications,
repetitive checks of the HMS, a detailed inspection of the HMS, as
applicable, and applicable on-condition actions. The NPRM also proposed
to require a general visual inspection to determine seat part numbers
of the captain's and first officer's seats, a cable adjustment check on
seats with certain seat part numbers, and applicable on-condition
actions.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.
Support for the NPRM
Air Line Pilots Association, International (ALPA) stated its
support for the NPRM. United Airlines stated that it has no technical
objections to the NPRM.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing (APB) stated that the installation of
winglets per Supplemental Type Certificate (STC) ST01518SE does not
affect the accomplishment of the manufacturer's service instructions.
We agree with APB that STC ST01518SE does not affect the
accomplishment of the manufacturer's service instructions. Therefore,
the installation of STC ST01518SE does not affect the ability to
accomplish the actions required by this AD. We have not changed this AD
in this regard.
Request To Add Airplane Models to Applicability
Delta Air Lines (DAL) requested that the FAA consider expanding the
applicability of the proposed AD to address all affected fleets that
share the identified unsafe condition, or consider requiring
effectivity at the manufacturer part number. DAL reasoned that
expanding the applicability of the proposed AD to include all affected
airplane models or affected manufacturer part numbers would ease the
burden on operators by allowing them to forgo commenting on multiple
proposed fleet ADs and processing separate AD-related service
information by individual fleet type. DAL pointed out that this would
greatly assist operators with implementation for operators that share
the same affected part number among different affected fleets.
We disagree with the commenter's request. Not all of the service
information for all affected airplane models is available, and we do
not agree to delay issuance of this AD until new service information is
released. Moreover, adding airplanes to the applicability would
necessitate (under the provisions of the Administrative Procedure Act)
reissuing the notice,
[[Page 66613]]
reopening the comment period, considering additional comments
subsequently received, and eventually issuing a final rule. In
consideration of the urgency of the unsafe condition identified in this
final rule, we have determined that delay of this final rule is not
appropriate. However, we might consider further rulemaking on this
issue. We have not changed this AD in this regard.
Request To Establish Predetermined Interval for Performing Service
Information
Air Astana Airlines commented that although its Boeing Model 767
fleet is not affected by Boeing Special Attention Service Bulletin 757-
25-0308, Revision 1, dated June 7, 2018, Boeing Special Attention
Service Bulletin 757-25-0309, Revision 1, dated July 2, 2018, or the
proposed AD, its fleet is affected by similar Boeing Service Bulletin
767-25-0549. The commenter stated that it would be useful to perform
this inspection at a predetermined interval.
We acknowledge Air Astana Airlines' recommendation, and we infer
that the commenter is asking whether Boeing Service Bulletin 767-25-
0549 will be mandated by an AD. We may consider issuing similar
rulemaking for other Boeing airplanes using seats in the flight deck
that have the same actuators identified in this final rule. We have not
changed this AD in this regard.
Request To Clarify Relationship of Seat Actuators Between Different
Airplane Models
Boeing explained that the relationship of seat actuators among the
Boeing Model 757, 767, and 777 fleet is inaccurate in the
``Discussion'' section. Boeing points out that the seat actuators are
the same among the Boeing Model 757, 767, and 777 airplanes, not
necessarily the seats themselves.
We agree that the description provided by the commenter is more
accurate. Since that section of the preamble does not reappear in the
final rule, however, we have not changed the final rule regarding this
issue.
Request for Alternative Compliance Method
DAL requested that paragraph (g) of the proposed AD be revised to
explicitly allow the seats in the flight compartment to be removed
prior to performing the requirements of paragraph (g) of the proposed
AD. We infer from the comment that DAL contends that Boeing Special
Attention Service Bulletin 757-25-0308, Revision 1, dated June 7, 2018,
appears to specify that the detailed inspection of the captain's seat
HMS can be performed only in the flight compartment. DAL pointed out
that removing the seats and performing the detailed inspection in a
dedicated shop would increase the level of safety by improving the
inspection conditions.
We disagree with the request to revise paragraph (g) of the
proposed AD. We note that the seat removal step, which is Step 1, Part
1, of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 757-25-0308, Revision 1, dated June 7, 2018, is exempt
from Required for Compliance (RC) steps, meaning that the RC
requirement does not apply to this step in accordance with the
provisions of paragraph (j)(4) of this AD. The detailed inspection of
the captain's seat HMS as specified in Part 1 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-25-0308,
Revision 1, dated June 7, 2018, may be accomplished either in the
flight compartment or on a suitable test fixture in a dedicated shop or
other appropriate location. Additionally, the service information
referenced within Part 1 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 757-25-0308, Revision 1, dated June
7, 2018, allows for the detailed inspection to be completed on the
aircraft or on a test fixture in a dedicated shop or other appropriate
location, such as the one suggested by DAL. We have not changed this AD
in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Special Attention Service Bulletin 757-25-0308,
Revision 1, dated June 7, 2018. This service information describes
procedures for repetitive horizontal actuator identifications,
repetitive checks of the HMS, a detailed inspection of the HMS, as
applicable, and applicable on-condition actions. On-condition actions
include an overhaul of the HMS and checks of the HMS.
We reviewed Boeing Special Attention Service Bulletin 757-25-0309,
Revision 1, dated July 2, 2018. This service information describes
procedures for a general visual inspection to determine the seat part
numbers on the captain's and first officer's seats, and, for seats with
certain part numbers, a manual override cable adjustment check of the
captain's and first officer's seats, and applicable on-condition
actions. On-condition actions include moving the adjustment nut,
tightening the lock nut, and readjusting the control lever.
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.
Costs of Compliance
We estimate that this AD affects 17 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Identification/Check............ Up to 11 work- Up to $4,820...... Up to $5,755 per Up to $97,835 per
hours x $85 per identification/ identification/
hour = $935 per check cycle. check cycle.
identification/
check cycle.
Inspection...................... Up to 1 work-hour $0................ Up to $85......... Up to $1,445.
x $85 per hour =
$85.
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[[Page 66614]]
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
Certain configurations of captain's and first officer's seats may
require special tooling to align the seats. Special tooling for one set
of captain's and first officer's seats will cost $22,000, and a certain
other set will cost $23,000. If an operator owns both combinations of
seats, the special tooling will cost up to $45,000 per operator.
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 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 and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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):
2018-26-03 The Boeing Company: Amendment 39-19533; Docket No. FAA-
2018-0711; Product Identifier 2018-NM-062-AD.
(a) Effective Date
This AD is effective January 31, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 757-200 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 movement of the
captain's and first officer's seats. We are issuing this AD to
address the uncommanded movement of the captain's or first officer's
seat, which could lead to reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Identification, Check, Inspection, On-Condition Actions (Includes
Overhaul of Horizontal Movement System), and Repetitive Actions
For airplanes identified in Boeing Special Attention Service
Bulletin 757-25-0308, Revision 1, dated June 7, 2018: Except as
required by paragraph (h) of this AD, at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 757-25-0308, Revision 1, dated June 7,
2018, do all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-25-
0308, Revision 1, dated June 7, 2018.
(h) Exceptions to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where Boeing Special Attention Service Bulletin 757-25-
0308, Revision 1, dated June 7, 2018, uses the phrase ``the original
issue date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
(i) Seat Inspection, Adjustment Check for Certain Seats, and On-
Condition Actions
For airplanes identified in Boeing Special Attention Service
Bulletin 757-25-0309, Revision 1, dated July 2, 2018: Within 36
months after the effective date of this AD, do all applicable
actions identified as RC in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-25-0309, Revision 1, dated July 2, 2018. A review of
the airplane maintenance records may be used for the seat inspection
if the part number can be conclusively determined from that review.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles 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 (k) 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, Los Angeles 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 RC, the provisions of paragraphs (j)(4)(i) and (j)(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
[[Page 66615]]
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.
(k) Related Information
For more information about this AD, contact Myra Kuck, Aerospace
Engineer, Cabin Safety and Environmental Systems Section, FAA, Los
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone: 562-627-5316; fax: 562-627-5210; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 757-25-0308,
Revision 1, dated June 7, 2018.
(ii) Boeing Special Attention Service Bulletin 757-25-0309,
Revision 1, dated July 2, 2018.
(3) 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.
(4) You may view this 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington on December 13, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-27886 Filed 12-26-18; 8:45 am]
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