[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38855-38859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16813]
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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; Amendment
39-19691; AD 2019-14-13]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 767-200, -300, -300F, and -400ER series
airplanes. This AD was prompted by reports of uncommanded fore/aft
movements of the Captain's and First Officer's seats. This AD requires
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 AD also requires 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 AD also provides an optional terminating action for the
repetitive checks of the horizontal movement system for certain
airplanes. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective September 12, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 12,
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.
[[Page 38856]]
It is also available on the internet at http://www.regulations.gov by
searching 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations 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: 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:
Discussion
The FAA 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 767-200, -300, -300F, and -400ER series airplanes. The NPRM
published in the Federal Register on December 26, 2018 (83 FR 66172).
The NPRM was prompted by reports of uncommanded fore/aft movements of
the Captain's and First Officer's seats. The NPRM proposed to 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. The NPRM also proposed to 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. The NPRM also proposed to provide an optional
terminating action for the repetitive checks of the horizontal movement
system for certain airplanes.
Comments
The FAA 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), supported the
intent of the NPRM. FedEx had no objection to the NRPM.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01920SE does not affect the actions specified
in the proposed AD.
The FAA concurs with the commenter. Paragraph (c) of the proposed
AD has been redesignated as paragraph (c)(1) of this AD, and paragraph
(c)(2) has been added to this AD to state that installation of STC
ST01920SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
Requests To Include Records Review
ABX AIR, American Airlines, and Delta Air Lines (Delta) requested
that the proposed AD include a provision to allow operators to do a
records review to determine which airplanes have the affected seat part
numbers installed. The commenters stated that not all of their Model
767 airplane fleets have the affected Captain's and First Officer's
seats installed. Delta asserted that the affected seats are rotable
parts that could later be installed on airplanes that were initially
delivered with acceptable seats, thereby subjecting those airplanes to
the identified unsafe condition. Delta pointed out that the affected
seats are trackable and maintenance records and configuration control
mechanisms can be used to ensure the affected seats are addressed. The
commenters also noted that adding a records review would remove the
undue burden on operators (i.e., need to create work instructions/task
cards and added maintenance down time for inspecting airplanes and
components that are not affected by the identified unsafe condition).
The FAA agrees with the commenters' requests. A records review will
provide an acceptable means for operators to identify the part numbers
of the Captain's and First Officer's seats installed on an airplane.
Paragraph (g) of this AD has been revised to include the following
statement: ``A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number and serial number of the
Captain's and First Officer's seats can be conclusively determined from
that review.''
Request To Change to Component AD
United Parcel Service (UPS) requested that the applicability of the
proposed AD be changed from Model 767 airplanes to the Captain's and
First Officer's seats. The commenter also requested that operators use
the Ipeco service information instead of the Boeing service
information. The commenter noted that it is aware there will be other
proposed ADs on other airplane models that would address the same
unsafe condition identified in the proposed AD. The commenter noted
that the affected Captain's and First Officer's seats are
interchangeable across several airplane models and mandating ADs
against those airplane models could result in a specific seat being
installed on a Model 747 airplane with records identifying compliance
with an AD that includes Model 767 airplanes in the applicability. The
commenter stated that this could lead to confusion and questions
regarding compliance when there is no effective difference between the
two ADs.
The FAA infers that the commenter is requesting that this AD be
changed to a component AD. The FAA does not agree with the commenter's
request. A component AD would require any operator with an Ipeco seat
installed on an airplane in its fleet to inspect all of the airplanes
in its fleet to determine if an affected seat part number is installed.
By limiting the applicability of this AD to the airplane model on which
the affected Ipeco part numbers are known to be installed, the burden
is reduced on operators. We acknowledge that the affected seats may be
installed on other airplane models, such as the Model 747, 757, and
777. The FAA is considering other rulemaking to address the unsafe
condition on those models. This AD has not been changed in regard to
this issue.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has 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.
The FAA has also determined that these changes will not increase
the
[[Page 38857]]
economic burden on any operator or increase the scope of this final
rule.
Additional Change to This Final Rule
The proposed AD referred to ``uncommanded movement'' in the
description of the unsafe condition. This final rule clarifies the type
of movement by specifying ``uncommanded fore/aft movement'' in the
SUMMARY and Discussion sections, and paragraph (e), of this AD.
Related Service Information Under 1 CFR Part 51
The FAA 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.
The FAA 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 foreign object debris
(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.
Costs of Compliance
The FAA estimates that this AD affects 90 airplanes of U.S.
registry. The FAA estimates 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, seat........... 1 work-hour x $85 per $0 $85 per seat...... $7,650 per seat.
hour = $85 per seat.
Detailed inspection, horizontal 1 work-hour x $85 per 0 $85 per seat...... $7,650 per seat.
movement system. hour = $85, per seat.
Checks, horizontal movement 2 work-hour x $85 per 0 $170 per seat, per $15,130 per seat,
system. hour = $170 per seat, check cycle. per check cycle.
per check cycle.
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of
determining the number of aircraft that might need these on-condition
actions:
Estimated Costs of On-Condition Actions *
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Action Labor cost Parts cost Cost per product
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Adjustment, control lever cable.... 1 work-hour x $85 per hour $0.................... $85 per seat.
= $85, per seat.
Overhaul or replacement, horizontal Up to 15 work-hours x $85 Up to $6,400 per seat. Up to $7,675 per seat.
movement system. per hour = $1,275, per
seat.
Inspection of each seat's fore/aft 1 work-hour x $85 per hour $0.................... $85 per seat.
and vertical manual control levers. = $85, per seat.
Installation of serviceable seats.. 1 work-hour x $85 per hour $0.................... $85 per seat.
= $85, per seat.
Clearing FOD....................... 1 work-hour x $85 per hour $0.................... $85 per seat.
= $85, per seat.
Replacement of the horizontal 1 work-hour x $85 per hour $205.................. $290, per actuator.
actuator. = $85, per actuator.
Functional test, adjusted control 1 work-hour x $85 per hour $0.................... $85, per seat.
lever cable. = $85, per seat.
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* The estimated cost for tooling to align an affected seat for adjustment of the control lever cable is up to
$46,064.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the optional terminating action
for the on-condition repetitive checks specified in this 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.
The FAA is 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
[[Page 38858]]
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) Will not affect intrastate aviation in Alaska, 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.
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):
2019-14-13 The Boeing Company: Amendment 39-19691; Docket No. FAA-
2018-1011; Product Identifier 2018-NM-131-AD.
(a) Effective Date
This AD is effective September 12, 2019.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and
-400ER series airplanes, certificated in any category.
(2) Installation of Supplemental Type Certificate (STC)
ST01920SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01920SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by reports of uncommanded fore/aft
movements of the Captain's and First Officer's seats. The FAA is
issuing this AD to address uncommanded fore/aft movement of the
Captain's and First Officer's seats. An uncommanded fore/aft 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. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number and serial number of the Captain's and
First Officer's seats can be conclusively determined from that
review.
(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 identified in
BSASB 767-25-0549, Revision 1: Installation of a serviceable First
Officer'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 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) 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 Company 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
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].
[[Page 38859]]
(m) 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 767-25-0539,
Revision 1, dated July 17, 2018.
(ii) Boeing Special Attention Service Bulletin 767-25-0549,
Revision 1, dated August 10, 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 July 23, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-16813 Filed 8-7-19; 8:45 am]
BILLING CODE 4910-13-P