[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4318-4320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02159]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0581; Product Identifier 2018-NM-029-AD; Amendment
39-19547; AD 2019-01-08]
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 certain
The Boeing Company Model 777-200, -200LR, -300, and -300ER series
airplanes. This AD was prompted by a report that showed a non-
compliance exists on some in-service galley attendant seat fitting
installations. The non-compliance could result in flight attendant
seats failing in a high-G crash. This AD requires modifications for
galley mounted seat fittings. We are issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective March 22, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 22,
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-
0581.
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-
0581; 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: Allison Buss, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3564; 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 certain The Boeing Company
Model 777-200, -200LR, -300, and -300ER series airplanes. The NPRM
published in the Federal Register on July 6, 2018 (83 FR 31509). The
NPRM was prompted by a report that showed a non-compliance exists on
some in-service galley attendant seat fitting installations. The NPRM
proposed to require modifications for galley mounted seat fittings.
We are issuing this AD to address non-compliant flight attendant
seats, which could fail in a high-G crash and result in potential
injury to flight attendants and consequent inability of the flight
attendants to assist with passenger evacuation in a timely manner.
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
Boeing indicated its support for the NPRM.
[[Page 4319]]
Request To Exclude Airplanes Without Affected Galleys
United Airlines recommended adding a statement to explain that if a
reconfigured airplane's affected galley has been removed or replaced,
and the associated manuals have been updated, then that airplane would
not be affected by the AD.
We do not agree to add the statement. This AD applies to each
airplane identified in the Effectivity section of Boeing Special
Attention Service Bulletin 777-25-0649, Revision 1, dated October 6,
2017. However, for airplanes that have been modified, repaired, or
altered so that accomplishment of that service information is affected,
then under the provisions of paragraph (h) of this AD, we will consider
requests for approval of an alternative method of compliance (AMOC). We
have not changed this AD in this regard.
Request To Include Updated Service Information
Gary Chan, a private citizen, requested that the FAA review the
expected revision of Boeing Special Attention Service Bulletin 777-25-
0649, Revision 1, dated October 6, 2017. The commenter noted that
Zodiac Aerospace Service Bulletin 1016G-25-34, referenced in that
Boeing service information, has been revised and it is expected that
the Boeing service information will be updated accordingly. We infer
that the commenter is also requesting that the FAA revise the NPRM to
reference the updated service information.
We do not agree. We may not refer to any document that does not yet
exist. In general terms, we are required by Office of the Federal
Register (OFR) regulations for approval of materials ``incorporated by
reference,'' as specified in 1 CFR 51.1(f), to either publish the
service document contents as part of the actual AD language; or submit
the service document to the OFR for approval as ``referenced''
material, in which case we may only refer to such material in the text
of an AD. The AD may refer to the service document only if the OFR
approved it for ``incorporation by reference.'' See 1 CFR part 51. We
do not consider that delaying this action until release of the revised
Boeing service information is warranted, since sufficient service
information exists. However, under the provisions of paragraph (h) of
this AD, we will consider requests for approval to use revised service
information if sufficient data are submitted to substantiate that the
change would provide an acceptable level of safety. We have not changed
the 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 777-25-0649,
Revision 1, dated October 6, 2017. This service information describes
procedures for modifications for galley mounted seat fittings. 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 50 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 per Cost on U.S.
Action Labor cost Parts cost product operators
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Modification.......................... 7 work-hours x $85 per $0 $595 $29,750
hour = $595.
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According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.
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.
[[Page 4320]]
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):
2019-01-08 The Boeing Company: Amendment 39-19547; Docket No. FAA-
2018-0581; Product Identifier 2018-NM-029-AD.
(a) Effective Date
This AD is effective March 22, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes, certificated in any category, as
identified in Boeing Special Attention Service Bulletin 777-25-0649,
Revision 1, dated October 6, 2017.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a report that showed a non-compliance
exists on some in-service galley attendant seat fitting
installations. We are issuing this AD to address non-compliant
flight attendant seats, which could fail in a high-G crash and
result in potential injury to flight attendants and consequent
inability of the flight attendants to assist with passenger
evacuation in a timely manner.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 6 years after the effective date of this AD, do all
applicable actions identified as ``RC'' (required for compliance)
in, and in accordance with, the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 777-25-0649, Revision 1,
dated October 6, 2017.
(h) 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 (i) 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 RC, the provisions of paragraphs (h)(4)(i) and (h)(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.
(i) Related Information
For more information about this AD, contact Allison Buss,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3564; email: [email protected].
(j) 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 777-25-0649,
Revision 1, dated October 6, 2017.
(ii) [Reserved]
(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 January 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-02159 Filed 2-14-19; 8:45 am]
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