[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 246-248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28855]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1648; Project Identifier AD-2022-01501-T; 
Amendment 39-22637; AD 2023-25-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 
This AD was prompted by a reported quality escapement where the seat 
track fitting nuts were under-torqued on some flight attendant seats in 
production. This AD requires re-torquing each free-standing attendant 
seat track fitting nut. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective February 7, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1648; 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.

[[Page 247]]

    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-2023-1648.

FOR FURTHER INFORMATION CONTACT: Tony Koung, Aviation Safety Engineer, 
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3985; 
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 certain The Boeing 
Company Model 787-8, 787-9, and 787-10 airplanes. The NPRM published in 
the Federal Register on August 22, 2023 (88 FR 57012). The NPRM was 
prompted by a reported quality escapement where the seat track fitting 
nuts were under-torqued on some flight attendant seats in production. 
In the NPRM, the FAA proposed to require re-torquing each free-standing 
attendant seat track fitting nut. The FAA is issuing this AD to address 
under-torqued seat track fitting nuts. The unsafe condition, if not 
addressed, could result in the forward-facing flight attendant seats 
breaking free in a high load event, causing injury to flight attendants 
and blocking the exits during emergency egress.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Boeing and United Airlines who 
supported the NPRM without change.
    The FAA received additional comments from American Airlines (AAL). 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Increase the Work Hours

    AAL requested that the FAA increases the work-hour estimate 
provided in the Costs of Compliance section of the proposed AD to 3 
hours.
    The FAA agrees with the commenter's request. The FAA has revised 
the Costs of Compliance section of this AD accordingly.

Request To Extend the Compliance Time to One Year

    AAL requested the compliance time for the actions (re-torquing each 
free-standing attendant seat track fitting nut) be revised to one year 
after the effective date of this AD. AAL noted that a one-year 
compliance time would provide flexibility and allow the task to be 
accomplished during the A-checks within the AAL maintenance program. 
AAL also noted it has accomplished maintenance review board (MRB) task 
25-146-00 on 85% of its affected airplanes with zero reports of 
findings. AAL stated the MRB task specifies to verify the seat track 
fittings are fully installed and cannot be moved manually and to 
correctly torque the seat track fitting if it is not tight. However, 
AAL acknowledged that MRB task 25-146-00 does not require a torque 
check. AAL stated that a one-year compliance window is a reasonable 
compliance time and will maintain the desired level of safety.
    The FAA does not agree with the commenter's request to revise the 
compliance time from six months to one year. The FAA does not base 
compliance intervals on nonspecific intervals such as an A-check as 
those intervals are operator specific. Further, MRB task 25-146-00 does 
not check any torques of any of the fitting nuts that are identified in 
Boeing Service Letter 787-SL-25-025, dated September 6, 2022, which is 
the appropriate source of service information for accomplishing the re-
torquing of each free-standing attendant seat track fitting nut 
required by this AD. The MRB task only checks for looseness of the 
fitting, which means the seat jumped the tracks. For the MRB task, if 
the seat did not move and the fitting was in the track, no actual 
checking of the nut torque was accomplished; therefore, the seat track 
fitting nut still needs to be re-torqued. The FAA has determined that 
accomplishing the re-torquing of each free-standing attendant seat 
track fitting nut within 6 months after the effective date of this AD 
is necessary to address the identified unsafe condition. Therefore, the 
FAA has not changed this AD in this regard.

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 Service Letter 787-SL-25-025, dated 
September 6, 2022. This service information specifies procedures for 
re-torquing each free-standing attendant seat track fitting nut to 140-
150 in-lbs. 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.

Costs of Compliance

    The FAA estimates that this AD affects 134 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Re-Torque seat track fitting     Up to 3 work-hours x                 $0   Up to $255........  Up to $34,170.
 nuts.                            $85 per hour = Up to
                                  $255.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all the costs of this 
AD may be covered under warranty, thereby reducing the cost impact on 
affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 248]]

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:

2023-25-10 The Boeing Company: Amendment 39-22637; Docket No. FAA-
2023-1648; Project Identifier AD-2022-01501-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 7, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and 
787-10 airplanes, certificated in any category, as identified in 
Boeing Service Letter 787-SL-25-025, dated September 6, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a reported quality escapement where the 
seat track fitting nuts were under-torqued on some flight attendant 
seats in production. The FAA is issuing this AD to address under-
torqued seat track fitting nuts. The unsafe condition, if not 
addressed, could result in the forward-facing flight attendant seats 
breaking free in a high load event, causing injury to flight 
attendants, and blocking the exits during emergency egress.

(f) Compliance

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

(g) Re-torque Seat Track Fitting Nuts

    Within 6 months after the effective date of this AD, re-torque 
each free-standing attendant seat track fitting nut in accordance 
with Steps 2., 3., and 4. of ``Suggested Operator Action'' of Boeing 
Service Letter 787-SL-25-025, dated September 6, 2022.

(h) 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 (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 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.

(i) Related Information

    For more information about this AD, contact Tony Koung, Aviation 
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone: 206-231-3985; 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 Service Letter 787-SL-25-025, dated September 6, 
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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28855 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P