[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Proposed Rules]
[Pages 75519-75522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26616]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1304; Project Identifier AD-2022-00347-T]
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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 767-300F airplanes. This proposed AD 
was prompted by a report indicating that the installation requirements 
were not followed for the first observer seat in the flight deck. This 
proposed AD would require installing placards in various locations of 
the flight deck to indicate the proper position for the first observer 
seat during taxi, takeoff, and landing, and revising the existing 
airplane flight manual (AFM). The FAA is proposing this AD to address 
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 23, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1304; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     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; website myboeingfleet.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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 at 
regulations.gov by searching for and locating Docket No. FAA-2022-1304.

FOR FURTHER INFORMATION CONTACT: Kumar Khatri, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3842; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1304; Project Identifier 
AD-2022-00347-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial

[[Page 75520]]

information that is customarily treated as private, that you actually 
treat as private, and that is relevant or responsive to this NPRM, it 
is important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
The FAA will treat such marked submissions as confidential under the 
FOIA, and they will not be placed in the public docket of this NPRM. 
Submissions containing CBI should be sent to Kumar Khatri, Aerospace 
Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle 
ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3842; email: [email protected]. Any commentary that the 
FAA receives that is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Background

    The FAA has received a non-compliance report indicating that the 
technical standard order installation requirements for the first 
observer seat in the flight deck were not followed. When the first 
observer seat, located in front of the supernumerary seats, is in the 
furthest aft position on the seat tracks, the ``head path stay out 
zone'' is compromised. This condition, if not addressed, could result 
in occupants seated in the right or center supernumerary seats 
sustaining an injury during an emergency landing.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Requirements Bulletin 
767-25-0589 RB, dated February 25, 2022. This service information 
specifies procedures for installing markers (placards) in the flight 
deck regarding the position of the first observer seat position during 
taxi, takeoff, and landing.
    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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. This proposed AD would also require revising the existing 
AFM to include procedures for briefing all occupants other than the 
flightcrew members regarding the first observer seat position for taxi, 
takeoff, and landing, as indicated by the placards installed in the 
flight deck.

Compliance With AFM Revisions

    Section 91.9 prohibits any person from operating a civil aircraft 
without complying with the operating limitations specified in the AFM 
and on installed placards. FAA regulations also require operators to 
furnish pilots with any changes to the AFM (14 CFR 121.137) and pilots 
in command to be familiar with the AFM and installed placards 
containing operating limitations(14 CFR 91.505).

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 153 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                  Labor cost        Parts cost     Cost per product   Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Placard installation..........  1 work-hour x $85  Up to $117......  Up to $202......  Up to $30,906.
                                 per hour = $85.
AFM revision..................  1 work-hour x $85  $0..............  $85.............  $13,005.
                                 per hour = $85.
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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.

Regulatory Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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, 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:

The Boeing Company: Docket No. FAA-2022-1304; Project Identifier AD-
2022-00347-T.

[[Page 75521]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 23, 2023.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and 
markings.

(e) Unsafe Condition

    This AD was prompted by a report indicating that the 
installation requirements were not followed for the first observer 
seat in the flight deck. When the first observer seat, located in 
front of the supernumerary seats, is in the furthest aft position on 
the seat tracks the ``head path stay out zone'' is compromised. The 
FAA is issuing this AD to address this condition, which if not 
addressed, could result in occupants seated in the right or center 
supernumerary seats sustaining an injury during an emergency 
landing.

(f) Compliance

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

(g) Placard Installation

    Except as specified by paragraph (h) of this AD: At the 
applicable time specified in the ``Compliance'' paragraph of Boeing 
Special Attention Requirements Bulletin 767-25-0589 RB, dated 
February 25, 2022, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Special 
Attention Requirements Bulletin 767-25-0589 RB, dated February 25, 
2022.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Special Attention Service 
Bulletin 767-25-0589, dated February 25, 2022, which is referred to 
in Boeing Special Attention Requirements Bulletin 767-25-0589 RB, 
dated February 25, 2022.

(h) Exception to Service Information Specifications

    Where the Compliance Time column of the table in the 
``Compliance'' paragraph of Boeing Special Attention Requirements 
Bulletin 767-25-0589 RB, dated February 25, 2022, uses the phrase 
``the original issue date of Requirements Bulletin 767-25-0589 RB,'' 
this AD requires using ``the effective date of this AD.''

(i) Revision of Existing Airplane Flight Manual (AFM)

    Within 12 months after the effective date of this AD, revise 
Section 3.1 of the Normal Procedures Section of the existing AFM to 
include the information in figure 1 to paragraph (i) of this AD. 
This may be done by inserting a copy of figure 1 to paragraph (i) of 
this AD into the existing AFM.
[GRAPHIC] [TIFF OMITTED] TP09DE22.131

(j) 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 responsible Flight Standards 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 responsible Flight Standards 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.

(k) Related Information

    For more information about this AD, contact Kumar Khatri, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3842; 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 Requirements Bulletin 767-25-0589 
RB, dated February 25, 2022.
    (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; website myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 75522]]


    Issued on October 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26616 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P