[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Proposed Rules]
[Pages 73003-73009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20160]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / 
Proposed Rules  

[[Page 73003]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2136; Project Identifier AD-2023-00296-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-14-13, which applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes. AD 2019-14-13 was prompted by 
reports of uncommanded fore and aft movement of the Captain's and First 
Officer's seats. AD 2019-14-13 requires identifying the part number, 
and the serial number if applicable, of the Captain's and First 
Officer's seats, and applicable on-condition actions for affected 
seats. AD 2019-14-13 also requires a one-time detailed inspection and 
repetitive checks of the horizontal movement system (HMS) of the 
Captain's and First Officer's seats, and applicable on-condition 
actions. AD 2019-14-13 also provides an optional terminating action for 
the repetitive actions for certain seats. Since the FAA issued AD 2019-
14-13, the FAA has determined that additional seats are affected by the 
unsafe condition. This proposed AD would retain the actions required by 
AD 2019-14-13 and adds an inspection of previously omitted part 
numbers. 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 October 24, 
2024.

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-2024-2136; 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 Boeing material identified in this proposed AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Boulevard, MC 110-SK57, Seal Beach, 
CA 90740-5600; phone 562-797-1717; website myboeingfleet.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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-2024-2136.

FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone 
206-231-3986; 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-2024-2136; Project Identifier 
AD-2023-00296-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 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 
Courtney Tuck, Aviation Safety Engineer, FAA, 2200 South 216th Street, 
Des Moines, WA 98198; phone 206-231-3986; 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 issued AD 2019-14-13, Amendment 39-19691 (84 FR 38855, 
August 8, 2019) (AD 2019-14-13), for all The Boeing Company Model 767-
200, -300, -300F, and -400ER series airplanes. AD 2019-14-13 was 
prompted by reports of uncommanded fore and aft movement of the 
Captain's and First Officer's seats. AD 2019-14-13 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. AD 2019-14-13 also requires a one-time detailed inspection and 
repetitive checks of the HMS of the

[[Page 73004]]

Captain's and First Officer's seats, and applicable on-condition 
actions. AD 2019-14-13 also provides an optional terminating action for 
the repetitive checks of the HMS for certain airplanes. The FAA issued 
AD 2019-14-13 to address uncommanded fore and aft movement of the 
Captain's and First Officer's seats. An uncommanded fore or aft seat 
movement during a critical part of a flight, such as takeoff 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.

Actions Since AD 2019-14-13 Was Issued

    Since the FAA issued AD 2019-14-13, Boeing and the seat supplier 
(Ipeco) determined that certain seat part numbers were inadvertently 
omitted from the service information required by AD 2019-14-13. Ipeco 
subsequently updated their service information to include the 
additional part numbers, and Boeing updated their service information 
as well. Based on this, the FAA has determined that additional seats 
are affected by the unsafe condition.

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.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 767-25-
0539, Revision 2, dated January 27, 2023. This material describes 
procedures for identification of the part number, and the serial number 
if applicable, of the Captain's and First Officer's seats, and 
applicable on-condition actions. On-condition actions include an 
inspection of each seat's fore and aft and vertical manual control 
levers for looseness, installation of serviceable seats, and a seat 
operational test after any cable adjustment. This material also adds 
Ipeco seat part numbers 3A258-0007-01-1Z, 3A258-0008-01-1Z, 3A258-0041-
01-1Z, 3A258-0042-01-1Z, and 3A090-0078-04-1. This material also adds 
Ipeco seat part numbers 3A090-0078-03-1 and 3A090-0078-05-1, that were 
previously removed in Boeing Special Attention Service Bulletin 767-25-
0539, Revision 1, dated January 9, 2014.
    The FAA also reviewed Boeing Special Attention Service Bulletin 
767-25-0549, Revision 2, dated January 27, 2023. This material 
describes procedures for a detailed inspection and repetitive checks of 
the HMS (including for any Artus part and amendment numbers of the 
horizontal actuator of the HMS) for 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 microswitch 
assemblies, actuators, and limit switches), and applicable on-condition 
actions. The on-condition actions include clearing the seat tracks of 
foreign object debris (FOD), overhauling the HMS, and replacing the 
horizontal actuator. The material also describes procedures for an 
optional terminating action for the repetitive checks by installing a 
serviceable Captain's or First Officer's seat. The service information 
adds Ipeco seat part number 3A090-0078-03-1, 3A090-0078-04-1, and 
3A090-0078-05-1.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES section.

Proposed AD Requirements in This NPRM

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-14-13, this proposed AD would retain all of the 
requirements of AD 2019-14-13. Those requirements are referenced in the 
service information identified previously, which, in turn, is 
referenced in paragraphs (g) and (h) of this proposed AD.
    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. For information on the procedures and compliance times, 
see this service information at regulations.gov under Docket No. FAA-
2024-2136.

Acceptable Methods of Compliance

    The FAA has determined that the actions required by paragraphs (g) 
and (h) of this AD are not required, under specific conditions, e.g., 
if it can be shown through maintenance records that the required 
actions have already been accomplished by the previous revision of the 
service information and specific conditions have been met. Paragraph 
(j) of this AD identifies these conditions. Complying with these 
conditions adequately addresses the unsafe condition identified in this 
proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 694 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                  Estimated Costs for Required Actions per Seat
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Identification, seat (retained     1 work-hour x $85                $0  $85................  $117,980.
 actions from AD 2019-14-13).       per hour = $85.
Detailed inspection, HMS           1 work-hour x $85                $0  $85................  Up to $117,980.
 (retained actions from AD 2019-    per hour = $85.
 14-13).
Checks, HMS (retained from AD      2 work-hours x $85                0  $170, per check      Up to $235,960, per
 2019-14-13).                       per hour = $170,                     cycle.               check cycle.
                                    per check cycle.
Identification, seat (new          1 work-hour x $85                 0  $85................  Up to $117,980.
 proposed actions).                 per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that will be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
actions:

[[Page 73005]]



                                    Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Adjustment, control lever cable......  1 work-hour x $85 per    $0.....................  $85.
                                        hour = $85.
Overhaul, HMS........................  11 work-hours x $85 per  Up to $5,824...........  Up to $6,759.
                                        hour = $935.
Inspection of each seat's fore/aft     1 work-hour x $85 per    $0.....................  $85 per seat.
 and vertical manual control levers.    hour = $85 per seat.
Installation of serviceable seats....  1 work-hour x $85 per    $0.....................  $85 per seat.
                                        hour = $85 per seat.
Clearing FOD.........................  1 work-hour x $85 per    $0.....................  $85 per seat.
                                        hour = $85 per seat.
Replacement of the horizontal          1 work-hour x $85 per    $7,937 per actuator....  $8,022 per actuator.
 actuator.                              hour = $85 per
                                        actuator.
Operational test, adjusted control     1 work-hour x $85 per    $0.....................  $85 per seat.
 lever cable.                           hour = $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 FAA 
to provide cost estimates for the optional terminating action for the 
repetitive checks specified in this proposed 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.

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:
0
a. Removing Airworthiness Directive 2019-14-13, Amendment 39-19691 (84 
FR 38855, August 8, 2019), and
0
b. Adding the following new Airworthiness Directive:

The Boeing Company: Docket No. FAA-2024-2136; Project Identifier AD-
2023-00296-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 24, 2024.

(b) Affected ADs

    This AD replaces AD 2019-14-13, Amendment 39-19691 (84 FR 38855, 
August 8, 2019) (AD 2019-14-13).

(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 and aft 
movement of the Captain's and First Officer's seats. The FAA is 
issuing this AD to address uncommanded fore and aft movement of the 
Captain's and First Officer's seats. The unsafe condition, if not 
addressed, could result in an uncommanded fore or aft seat movement 
during a critical part of a flight, such as takeoff or landing, and 
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 Part Number Identification and On-Condition Actions

    Except as specified in paragraphs (i) and (j) of this AD: At the 
applicable time specified in the ``Compliance,'' paragraph of Boeing 
Special Attention Service Bulletin 767-25-0539, Revision 2, dated 
January 27, 2023, do an inspection to determine the part number, and 
serial number as applicable, of the Captain's and First Officer's 
seats, and all applicable on-condition actions, in accordance with 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 767-25-0539, Revision 2, dated January 27, 2023. 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.

[[Page 73006]]

(h) Detailed Inspection, and Repetitive Checks of Horizontal Movement 
System and On-Condition Actions

    Except as specified by paragraphs (i) and (j) of this AD: At the 
applicable times specified in the ``Compliance,'' paragraph of 
Boeing Special Attention Bulletin 767-25-0549, Revision 2, dated 
January 27, 2023, do all applicable actions identified as ``RC'' 
(required for compliance) in, and in accordance with, the 
Accomplishment Instructions of Boeing Special Attention Bulletin 
767-25-0549, Revision 2, dated January 27, 2023. Actions identified 
as terminating action in Boeing Special Attention Bulletin 767-25-
0549, Revision 2, dated January 27, 2023, terminate the applicable 
required actions of this AD, provided the terminating action is done 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 767-25-0549, Revision 2, dated January 
27, 2023.

(i) Exceptions to Service Information Specifications

    (1) Where the ``Compliance'' paragraph of Boeing Special 
Attention Bulletin 767-25-0549, Revision 2, dated January 27, 2023, 
refers to the original issue date of the service bulletin, this AD 
requires using September 12, 2019 (the effective date of AD 2019-14-
13).
    (2) Where the ``Compliance'' paragraph of Boeing Special 
Attention Bulletin 767-25-0549, Revision 2, dated January 27, 2023, 
refers to the Revision 2 date of the service bulletin, this AD 
requires using the effective date of this AD.
    (3) Where the ``Compliance'' paragraph of Boeing Special 
Attention Service Bulletin 767-25-0539, Revision 2, dated January 
27, 2023, refers to within 72 months after the original issue date 
of the service bulletin, this AD requires using within 36 months 
after September 12, 2019 (the effective date of AD 2019-14-13).
    (4) Where the ``Compliance'' paragraph of Boeing Special 
Attention Bulletin 767-25-0539, Revision 2, dated January 27, 2023, 
refers to the Revision 2 date of the service bulletin, this AD 
requires using the effective date of this AD.

(j) Acceptable Conditions for Compliance

    If the airplane records show that an Ipeco Captain's or First 
Officer's seat meets all criteria specified in any row in figure 1 
to paragraph (j) of this AD, the actions specified in paragraphs (g) 
and (h) of this AD are not required for that seat.

Figure 1 to Paragraph (j)--Alternative Acceptable Seats

[[Page 73007]]

[GRAPHIC] [TIFF OMITTED] TP09SE24.004


[[Page 73008]]


[GRAPHIC] [TIFF OMITTED] TP09SE24.005

(k) 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 (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 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.
    (4) AMOCs approved for AD 2019-14-13 are approved as AMOCs for 
the corresponding provisions of Boeing Special Attention Service 
Bulletin 767-25-0539, Revision 2, dated January 27, 2023, and Boeing 
Special Attention Service Bulletin 767-25-0549, Revision 2, dated 
January 27, 2023, that are required by paragraphs (g) and (h) of 
this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(5)(i) and (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 Courtney Tuck, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des

[[Page 73009]]

Moines, WA 98198; phone 206-231-3986; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material 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 2, dated January 27, 2023.
    (ii) Boeing Special Attention Service Bulletin 767-25-0549, 
Revision 2, dated January 27, 2023.
    (3) For Boeing material identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Boulevard, MC 110-SK57, Seal Beach, CA 90740-5600; 
phone 562-797-1717; website myboeingfleet.com.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 August 26, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-20160 Filed 9-6-24; 8:45 am]
BILLING CODE 4910-13-P