[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Rules and Regulations]
[Pages 44035-44037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14513]


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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; 
Amendment 39-22482; AD 2023-12-23]
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 
certain The Boeing Company Model 767-300F airplanes. This AD was 
prompted by a report indicating that the installation requirements were 
not followed for the first observer seat in the flight deck. This AD 
requires 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 issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective August 15, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 15, 
2023.

ADDRESSES: 
    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 final rule, 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.
    Material Incorporated by Reference:
     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; 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 under Docket No. FAA-2022-1304.

FOR FURTHER INFORMATION CONTACT: Kumar Khatri, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3842; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 767-300F airplanes. The NPRM published in the Federal Register on 
December 9, 2022 (87 FR 75519). The NPRM was prompted by 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. In the NPRM, 
the FAA proposed to 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 AFM. 
The FAA is issuing this AD to address the unsafe condition, which could 
result in occupants seated in the right or center supernumerary seats 
sustaining an injury during an emergency landing.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), and The Boeing Company who supported the NPRM 
without change.
    The FAA received additional comments from Aviation Partners Boeing, 
Federal Express (FedEx), and United Parcel Service (UPS). The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST01920SE on applicable Boeing 
models subject to the proposed rule does not affect compliance with the 
mandated actions in this AD.
    The FAA agrees with the commenter that STC ST01920SE does not 
affect the ability to accomplish the actions required by this AD. The 
FAA has not changed this AD in this regard.

Request To Allow Installation of Equivalent Placards

    FedEx stated that Boeing Special Attention Requirements Bulletin 
767-25-0589 RB, dated February 25, 2022, currently specifies the 
installation of Boeing placard part numbers BAC27TFDE714 and 
BAC27TFDE715. FedEx requested that the proposed AD be revised to allow 
installation of equivalent placards with like verbiage in lieu of the 
Boeing part numbers.
    The FAA disagrees with the request because the placard verbiage, 
font, color and locations are standard and they follow the 
certification requirements. Although, it is not acceptable to change 
the verbiage, an alternative method of compliance (AMOC) request may be 
submitted with supporting data that demonstrates an acceptable level of 
safety for equivalent placards. The FAA has not changed this AD in this 
regard.

Request To Change Instructions for Placard Installation

    FedEx requested that the AD allow measuring both the horizontal and 
vertical dimensions from the same corner that currently only the 
vertical dimension is measured from, as specified in the Boeing Special 
Attention Requirements Bulletin 767-25-0589 RB, dated February 25, 
2022. FedEx additionally wanted the dimension tolerances increased to a 
minimum of 0.25''/1.50'' for workability, as these position tolerances 
do not affect safety or the ability of the placard to communicate 
safety information to the crew.
    The FAA disagrees with the requested method of measurement as it 
does not comply with the information specified in Boeing Special 
Attention Requirements Bulletin 767-25-0589 RB, dated February 25, 
2022. Operators may submit requests for approval of AMOCs with 
supporting data that demonstrates an acceptable level of safety for an 
alternative method of measurement and

[[Page 44036]]

deviation to the dimensional tolerances specified in Boeing Special 
Attention Requirements Bulletin 767-25-0589 RB, dated February 25, 
2022. The FAA has not changed this AD in this regard.

Request To Change Applicability Statement

    UPS requested that the paragraph (c) of the proposed AD be updated 
to state that the AD is limited to Model 767-300F airplanes identified 
in Boeing Special Attention Requirements Bulletin 767-25-0589 RB, dated 
February 25, 2022, instead of stating that all Model 767-300F airplanes 
are affected.
    The FAA agrees with the comment because the manufacturer has 
incorporated the placards on line numbers 1208 and subsequent in 
production. Therefore, the affected airplane line numbers are listed in 
Boeing Special Attention Requirements Bulletin 767-25-0589 RB, dated 
February 25, 2022. Paragraph (c) of this AD has been updated 
accordingly.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

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.

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 affects 153 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

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

    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.

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:

2023-12-23 The Boeing Company: Amendment 39-22482; Docket No. FAA-
2022-1304; Project Identifier AD-2022-00347-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 15, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300F airplanes, 
certificated in any category, as identified in Boeing Special 
Attention Requirements Bulletin 767-25-0589 RB, dated February 25, 
2022.

(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

[[Page 44037]]

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.

Figure 1 to paragraph (i): Flight deck occupancy (freighter airplane)
[GRAPHIC] [TIFF OMITTED] TN11JY23.000

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety 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, AIR-520 
Continued Operational Safety 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, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 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.

    Issued on June 15, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14513 Filed 7-10-23; 8:45 am]
BILLING CODE 4910-13-P