[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
----------------------------------------------------------------------------------------------------------------
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 *
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
* 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