Airworthiness Directives; The Boeing Company Airplanes, 45895-45900 [2019-18832]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
filed, rescinded, or terminated.
Producers of a farm are solely
responsible for filing a valid election
during an election period or in whatever
time remains in an election period
following the rescission or termination
of an election.
(e) FSA is under no obligation to
notify producers or owners of whether
or not a valid election exists or is in
place or whether any producer has
rescinded or terminated an election.
FSA will respond to inquiries regarding
the status of election of a farm by any
producer or owner on a farm including
a producer or owner who gains a
producer or owner interest on the farm
during the election period.
*
*
*
*
*
§ 1412.73
[Amended]
30. Amend § 1412.73(b) by removing
‘‘2014’’ and adding ‘‘2019’’ in its place.
■ 31. Amend § 1412.74 as follows:
■ a. In paragraph (a), remove ‘‘current’’
and remove ‘‘2014’’ and add ‘‘2019’’ in
its place;
■ b. Revise paragraph (b); and
■ c. Remove paragraph (c).
The revision reads as follows:
■
§ 1412.74
Failure to make election.
*
*
*
*
*
(b) If a valid election is not made for
a farm in the 2019 crop year, FSA will
not make any payments with respect to
the farm for the 2019 crop year and the
producers on the farm will, subject to
§ 1412.71(f), default to the same
coverage for each covered commodity
on the farm for the 2020 through 2023
crop years as was applicable for the
2015 through 2018 crop years.
Robert Stephenson.
Executive Vice President, Commodity Credit
Corporation.
Richard Fordyce,
Administrator, Farm Service Agency.
[FR Doc. 2019–18853 Filed 8–30–19; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
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Final rule.
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 777 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 oncondition actions for affected seats. The
FAA is issuing this AD to address the
unsafe condition on these products.
SUMMARY:
This AD is effective October 8,
2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 8, 2019.
DATES:
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.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–
1012.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
1012; 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:
[Docket No. FAA–2018–1012; Product
Identifier 2018–NM–132–AD; Amendment
39–19708; AD 2019–16–05]
AGENCY:
ACTION:
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: Brandon.Lucero@
faa.gov.
SUPPLEMENTARY INFORMATION:
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45895
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
777 airplanes. The NPRM published in
the Federal Register on December 26,
2018 (83 FR 66178). 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 oncondition actions for affected 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
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.
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 NPRM. United Airlines
agreed with the NPRM.
Request for Clarification of Service
Information
United Airlines asked for clarification
regarding what is considered a finding
for the determination of Condition 3 (no
findings) in Boeing Special Attention
Service Bulletin 777–25–0619, Revision
1, dated August 8, 2018 (‘‘BSASB 777–
25–0619, Revision 1’’). The commenter
wanted to know that if the horizontal
actuator is found to have part number
(P/N) AD8650502 or AD8650503 at
Amendment A or Amendment B, is that
considered a finding for the
determination of Condition 3 (no
findings).
The FAA agrees to provide
clarification regarding Condition 3 in
BSASB 777–25–0619, Revision 1.
According to BSASB 777–25–0619,
Revision 1, following the procedures in
Part 3 of the Accomplishment
Instructions can result in Condition 3
(no findings) or Condition 4 (any
findings). If the horizontal actuator is
found to have P/N AD8650502 or
AD8650503 at Amendment A or
Amendment B it is considered a finding
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and meets Condition 4 of BSASB 777–
25–0619, Revision 1. If the horizontal
actuator is found to have a part number
other than P/N AD8650502 or
AD8650503 at Amendment A or
Amendment B, it is consider a no
finding and meets Condition 3 of
BSASB 777–25–0619, Revision 1. The
FAA has not revised this AD in regard
to this issue.
Request for Clarification Regarding
Removal of the Nameplate
Air New Zealand asked if the work
instructions in Part 3.B. of Ipeco Service
Bulletin 258–25–14, Issue 4, dated
January 29, 2018 (‘‘Ipeco SB 258–25–14,
Issue 4’’) are compliant with the
regulations because the instructions are
to remove the original nameplate, which
would appear to also be the data plate.
Air New Zealand stated that because the
data plate should only be created and
installed by the original equipment
manufacturer these instructions appear
to create a bogus part.
The FAA infers the commenter is
referring to 14 CFR 21.616, which
requires the holder of a technical
standard order (TSO) to mark each TSO
article in accordance with 14 CFR part
45. FAA Advisory Circular AC 21–25B,
Section 8.2.4, provides an acceptable
means of compliance for marking
modified seating systems.
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Seat modifications accomplished under [14
CFR] part 43 or under the applicable
airworthiness regulations must mark the
modified article with sufficient data to
identify that it has been modified. This may
be accomplished by providing a reference to
a design approval (e.g., STC number), the
modifier’s name and address, or reference to
other documentation describing the
modification. If the modifier cannot
substantiate that the article continues to meet
the applicable TSO(s), the modifier must
permanently obliterate the TSO marking
while retaining all other identifying data.
In this case, since the modifier has no
access to the substantiation information,
he or she cannot substantiate that the
article continues to meet the
requirements of the applicable TSO.
However, the seat has been modified
with a design approval (i.e., Ipeco SB
258–25–14, Issue 4) mandated by this
AD. Therefore, the instructions
provided by the Ipeco SB 258–25–14,
Issue 4, are appropriate and do not
conflict with FAA regulations or
guidance. The FAA has not revised this
AD in regard to this issue.
Request To Revise Estimated Costs
Martha Viner requested that the
estimated costs in the NPRM be revised
to include statistical evidence from the
harms of the defective parts. The
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commenter stated that the NPRM does
not address the psychological costs of
the unsafe condition including, but not
limited to, injuries sustained from the
defective parts and how many
individuals have been harmed as a
result. The commenter did not provide
justification for her request. The FAA
does not agree with the commenter’s
request. Because the scope of FAA ADs
are limited and technical in nature, the
FAA can only provide the actual known
costs (labor and materials) for
compliance with the requirements of the
AD. The FAA has not revised this AD
in regard to this issue.
Request To Revise Estimated Part Costs
Boeing requested that the parts cost
for the replacement of the horizontal
actuator be changed from $205 to
$7,936.79. The commenter stated that
the part manufacturer, Ipeco, provided
the parts cost via email.
The FAA agrees with the commenter’s
request because Boeing has confirmed
the part cost with Ipeco, the part
supplier. The FAA has revised the Costs
of Compliance section of this final rule
accordingly.
Request To Revise ‘‘Uncommanded
Movement’’ Wording
Boeing requested that in all places
where ‘‘uncommanded movement’’ is
used in the NPRM that the wording be
changed to ‘‘uncommanded horizontal
movement.’’ The commenter stated that
the Captain’s and First Officer’s seats
have both horizontal and vertical
powered movement and the service
information specified in the proposed
AD addresses only the horizontal
movement.
The FAA agrees with the commenter’s
observation that Captain’s and First
Officer’s seats have both horizontal and
vertical powered movement. The FAA
does not agree with the commenter’s
request to change the wording to
‘‘uncommanded horizontal movement’’
because ‘‘horizontal movement’’ could
also mean movement anywhere in the
horizontal plane of the airplane on
which the seat is installed. The FAA has
revised this final rule to replace all
instance of the term ‘‘uncommanded
movement’’ with ‘‘uncommanded fore/
aft movement.’’
Request To Revise Applicability
Gary Chan asked if the FAA is
planning to revise the applicability of
the proposed AD to include Model 747
airplanes. The commenter noted that
Ipeco seat part number 3A258 is rotable
between Model 747 and Model 777
airplanes. The commenter also pointed
out that Boeing has released service
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information for Model 747 airplanes to
address flight deck seat issues.
The FAA does not agree with the
commenter’s request to revise the
applicability of this AD. The FAA has
already issued an NPRM (84 FR 13840,
April 8, 2019) to address the identified
unsafe condition and parts rotability
concern for Boeing Company Model
747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747–400D, 747–400F,
747–8F, and 747–8 series airplanes. The
FAA has not revised this AD in regard
to this issue.
Request To Extend Compliance Time
Air New Zealand expressed concern
that replacement parts for the horizontal
actuator would not be available in time
for operators to comply with the 36month compliance time specified in the
proposed AD. The commenter noted
that replacing the horizontal actuator
with Artus P/N AD8650503 at
Amendment C or later was terminating
action for the repetitive checks of the
horizontal movement system. The
commenter stated it contacted Ipeco
regarding pricing and parts availability
and was advised that there is a 7-month
lead time for the parts. The commenter
related that Ipeco may not be able to
meet the demand for parts when the AD
is released.
The FAA infers that the commenter is
requesting the compliance time be
extended due to a perceived parts
availability issue. The FAA does not
agree with the commenter’s request. The
36-month compliance time for the
required actions was determined taking
into consideration the urgency
associated with the subject unsafe
condition as well as the availability of
required parts. The FAA notes that the
commenter is considering parts
availability for an optional terminating
action, which can be done at any time,
and does not have to be done within 36
months after the effective date of this
AD. However, the FAA will consider
requests for approval of an extension of
the compliance time if sufficient data
are submitted to substantiate that the
new compliance time would provide an
acceptable level of safety. The operator
can submit a request for an alternative
means of compliance (AMOC) using the
provisions in paragraph (k) of this AD.
The FAA has not revised this AD in
regard to this issue.
Request To Includes Records Review
Delta Air Lines requested that
paragraph (g) of 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 commenter also
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requested that paragraph (h) of the
proposed AD be revised to include the
statements ‘‘. . . do an inspection to
determine the part number, and serial
number as applicable, of the Captain’s
and First Officer’s seats . . .’’ and ‘‘A
review of the airplane maintenance
records may be used for the seat
inspection if the part number can be
conclusively determined from that
review.’’
The commenter stated that the
requested changes are in agreement with
the language found in BSASB 777–25–
0619, Revision 1, which allows
maintenance records to be used to
determine the part number of the
actuator; and the NOTE following step
3.B.2. of the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 777–25–0607, Revision
1, dated July 17, 2018 (‘‘BSASB 777–25–
0607, Revision 1’’). The commenter
stated these added statements would
provide an equivalent level of safety for
operators that do have affected
components installed on airplanes
affected by this AD but listed outside of
the effectivity specified in the Boeing
service information.
The FAA agrees with the commenters’
statement that 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. As noted by the
commenter, the service information
already allows a record review. For
clarity, in paragraph (g) of this AD
where we specify to do an inspection,
the FAA has included 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.’’
However, paragraph (h) of this AD has
not been revised. While paragraph (g) of
this AD requires an inspection to
determine the part number and serial
number, as applicable, of the Captain’s
and First Officer’s seats, paragraph (h) of
this AD specifies accomplishing
applicable actions in accordance with
the service information, which includes
both inspection and records review
language. The records review provided
in the service information referenced in
pargraph (h) of this AD is applicable to
all airplanes identified in the
applicability of this AD. Therefore, a
statement clarifying that a records
review is acceptable in lieu of an
inspection is not necessary for
paragraph (h) of this AD.
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Request To Clarify Procedures in
Certain Service Information
Lufthansa stated that it is not possible
for its mechanics to do the maintenance
log review that is included in Part A,
paragraph 1.c., of the Accomplishment
Instructions of Ipeco SB 258–25–14,
Issue 4.
The FAA infers that the commenter is
requesting that we clarify the
procedures in Ipeco SB 258–25–14,
Issue 4. Operators only need to do a
review of the maintenance logs if the
maintenance logs are available. If
maintenance logs are not available then
operators do the actions in Part A,
paragraph 1.b., of Ipeco SB 258–25–14,
Issue 4. Also, Part A, paragraph 1.b. and
paragraph 1.c. of the Accomplishment
Instructions of Ipeco SB 258–25–14,
Issue 4, direct maintenance personnel to
do the actions in Part E of the
Accomplishment Instructions if the
horizontal actuator has P/N AD8650503
at Amendment A or Amendment B. The
FAA has not revised this AD in regard
to this issue.
Request To Require Alternative Actions
Lufthansa remarked that Boeing
Special Attention Service Bulletin 777–
25–0619, Revision 1, does not include
procedures that provide a permanent
and acceptable level of safety. The
commenter stated that it would have
expected a redesign of the horizontal
shaft actuator (including the shaft),
which would be required to withstand
and limit the maximum loads to the
horizontal output shaft, and would
prevent shafts from failure at any phase
of seat operation. The commenter stated
that the repetitive inspections would
not be effective because shaft failures
could occur at any time between
inspections.
The commenter recommended that a
more effective solution would be a crew
procedure (e.g., a pre-flight inspection
of the seat tracks). Furthermore the
commenter stated that it would have
expected a termination action for
modified/compliant airplanes, for
example required maintenance
documentation amendments. The
commenter asked if any maintenance
planning document item is being
prepared that would require repetitive
checks for the part number of the
horizontal actuator.
The FAA infers that the commenter is
requesting that we require alternative
actions to address the unsafe condition
than what is proposed in the NPRM.
The FAA does not agree with the
commenter’s request. The FAA has
identified the unsafe condition in this
final rule as uncommanded fore/aft
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movement of the Captain’s and First
Officer’s seats. The FAA has determined
that the actions required by this AD
adequately address the identified unsafe
condition, and that the creation of a
maintenance planning document item
or other service information is not
needed. In addition, the FAA notes that
a terminating action is detailed in
paragraph (j) of this AD. Paragraph (j) of
this AD states ‘‘Installation of a
serviceable Captain’s or First Officer’s
seat as specified in, and in accordance
with, the Accomplishment Instructions
of BSASB 777–25–0619, Revision 1,
terminates the repetitive checks
required by paragraph (h) of this AD for
that seat only.’’
A serviceable Captain’s or First
Officer’s seat is defined in Paragraph
3.A of BSASB 777–25–0619, Revision 1.
The horizontal actuator with Artus P/N
AD8650503 at Amendment C or later is
the redesigned horizontal actuator that
is designed to withstand the required
limit loads. Additionally, according to
the BSASB 777–25–0619, Revision 1, in
the case that the horizontal actuator part
number is not AD8650503 at
Amendment C or later, upon inspection
and before further flight, the operator
has the option to install a power
deactivated seat in lieu of the
terminating action or until such a time
that the horizontal actuator can be
serviced in accordance with the
appropriate service information. The
FAA has not revised this AD in regard
to this issue. However, under the
provisions of paragraph (k) of this AD,
the FAA will consider requests for
approval of alternative actions if
sufficient data are submitted to
substantiate that alternative actions
provide an acceptable level of safety.
Regarding the commenter’s statement
that shaft failures could occur at any
time, the FAA infers that the commenter
is referring to the 36-month compliance
time and the chance that a shaft failure
might occur during this time. The FAA
notes that in developing an appropriate
compliance time, the FAA considered
the urgency associated with the subject
unsafe condition, the availability of
required parts, and the practical aspect
of accomplishing the required actions
within a period of time that corresponds
to the normal scheduled maintenance
for most affected operators. In
consideration of all of these factors, the
FAA has determined that the
compliance time, as proposed,
represents an appropriate interval. The
FAA further notes that the repetitive
checks required by this AD adequately
address the unsafe condition, though
operators also have the option of
installing a serviceable seat to terminate
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those repetitive checks, as specified in
paragraph (j) of this AD.
Request To Provide Credit for Previous
Actions
American Airlines requested that a
provision be included in the proposed
AD to allow operators to receive credit
for actions completed prior to the
effective date using the procedures in
Boeing Special Attention Service
Bulletin 777–25–0607, dated January 9,
2014.
The FAA does not agree with the
commenter’s request. This AD requires
operators to use BSASB 777–25–0607,
Revision 1, because it includes seat part
numbers that were not included in
Boeing Special Attention Service
Bulletin 777–25–0607, dated January 9,
2014. The Ipeco service information was
revised in support of BSASB 777–25–
0607, Revision 1, by updating
information included in the
Accomplishment Instructions. The FAA
has not revised this AD 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 also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Special
Attention Service Bulletin 777–25–
0607, Revision 1, dated July 17, 2018
(‘‘BSASB 777–25–0607, 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 for applicable oncondition actions for affected seats. 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 777–
25–0619, Revision 1, dated August 8,
2018 (‘‘BSASB 777–25–0619, Revision
1’’). The service information describes
procedures for a detailed inspection and
repetitive checks of the horizontal
movement system 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), overhaul of
the horizontal movement system and
replacement of the horizontal actuator.
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.
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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD
affects 190 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS PER SEAT
Action
Labor cost
Identification, seat .................
1 work-hour × $85 per hour =
$85.
1 work-hour × $85 per hour =
$85.
2 work-hour × $85 per hour =
$170 per check cycle.
Detailed inspection, horizontal movement system.
Checks, horizontal movement
system.
The FAA estimates the following
costs to do any necessary on-condition
Parts cost
Cost per product
Cost on U.S. operators
$0
$85 ..........................................
$16,150.
0
$85 ..........................................
$16,150.
0
$170 per check cycle ..............
$32,300 per check cycle.
actions that would be required. The
FAA has no way of determining the
number of aircraft that might need these
on-condition actions:
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ESTIMATED COSTS OF ON-CONDITION ACTIONS PER SEAT *
Action
Labor cost
Parts cost
Adjustment, control lever cable ...............
Overhaul, horizontal movement system ..
Inspection of each seat’s fore/aft and
vertical manual control levers.
Installation of serviceable seats ..............
Clearing FOD ...........................................
Replacement of the horizontal actuator ..
1 work-hour × $85 per hour = $85 ..........
11 work-hours × $85 per hour = $935 ....
1 work-hour × $85 per hour = $85 ..........
$0 .......................................
Up to $5,824 ......................
$0 .......................................
$85.
Up to $6,759.
$85.
1 work-hour × $85 per hour = $85 ..........
1 work-hour × $85 per hour = $85 ..........
1 work-hour × $85 per hour = $85, per
actuator.
1 work-hour × $85 per hour = $85 ..........
$0 .......................................
$0 .......................................
$7,937 per actuator ............
$85.
$85.
$8,022 per actuator.
$0 .......................................
$85.
Functional test, adjusted control lever
cable.
Cost per product
* 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
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terminating action for the repetitive
checks specified in this AD.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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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
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.
khammond on DSKBBV9HB2PROD with RULES
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:
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2019–16–05 The Boeing Company:
Amendment 39–19708; Docket No.
FAA–2018–1012; Product Identifier
2018–NM–132–AD.
(a) Effective Date
This AD is effective October 8, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 777–200, –200LR, –300,
–300ER, and 777F series airplanes,
certificated in any category.
(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 movement 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 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.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Seat Part Number Identification and OnCondition 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 oncondition actions, in accordance with the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777–25–
0607, 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 777–25–
0619, Revision 1, dated August 8, 2018
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
45899
(‘‘BSASB 777–25–0619, Revision 1’’), do all
applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of BSASB 777–25–0619,
Revision 1.
(i) Exception to Service Information
Specifications
For purposes of determining compliance
with the requirements of this AD: Where
BSASB 777–25–0619, 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
Installation of a serviceable Captain’s or
First Officer’s seat as specified in, and in
accordance with, the Accomplishment
Instructions of BSASB 777–25–0619,
Revision 1, terminates the repetitive checks
required by paragraph (h) of this AD for that
seat 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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(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 (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
E:\FR\FM\03SER1.SGM
03SER1
45900
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
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:
Brandon.Lucero@faa.gov.
(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 777–25–0607, Revision 1, dated July
17, 2018.
(ii) Boeing Special Attention Service
Bulletin 777–25–0619, Revision 1, dated
August 8, 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
[FR Doc. 2019–18832 Filed 8–30–19; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 401
[Docket No. SSA–2018–0004]
RIN 0960–AH97
Security and Suitability Files
Social Security Administration.
Final rule.
khammond on DSKBBV9HB2PROD with RULES
AGENCY:
We are issuing a final rule to
exempt a system of records entitled
Security and Suitability Files. This final
rule also removes two systems of
records listed in our exemptions, but
which do not exist, and will replace
SUMMARY:
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
Background
On November 15, 2018, we published
in the Federal Register a System of
Records Notice 2 to provide public
notice of our intent to establish a new
system of records, Security and
Suitability Files (60–0377). On the same
day, we also published a Notice of
Proposed Rulemaking (NPRM) 3
proposing to add Security and
Suitability Files to our existing list of
systems of records exempt from specific
Privacy Act provisions.
Public Comments and Discussion
In the NPRM, we provided a 30-day
comment period, which ended on
December 17, 2018. We received no
comments.
Regulatory Procedures
Issued in Des Moines, Washington, on
August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
ACTION:
them with a new exemption for this
specified system of records from
specific provisions of the Privacy Act.1
DATES: This rule is October 3, 2019.
FOR FURTHER INFORMATION CONTACT:
Jasson Seiden, Government Information
Specialist, Privacy Implementation
Division, Office of Privacy and
Disclosure, Office of the General
Counsel, SSA, Room G–401 West High
Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401,
telephone: (410) 597–4307, email:
Jasson.Seiden@ssa.gov. For information
on eligibility or filing for benefits, call
our national toll-free number, 1–800–
772–1213 or TTY 1–800–325–0778, or
visit our internet site, Social Security
Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined this final rule does not meet
the criteria for a significant regulatory
action under Executive Order 12866, as
supplemented by Executive Order
13563.
We also determined that this
proposed rule meets the plain language
requirement of Executive Order 12866.
Executive Order 13132 (Federalism)
We analyzed this rule in accordance
with the principles and criteria
established by Executive Order 13132,
and we determined that the rule will not
have sufficient Federalism implications
to warrant the preparation of a
15
U.S.C. 552a(k)(5).
FR 57520.
3 83 FR 57366.
2 83
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Federalism assessment. We also
determined that this rule will not
preempt any State law or State
regulation or affect the States’ abilities
to discharge traditional State
governmental functions.
Executive Order 12372
(Intergovernmental Review)
The regulations effectuating Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this rule.
Regulatory Flexibility Act
We certify that this rule will not have
a significant economic impact on a
substantial number of small entities
because it affects individuals only.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
E.O. 13771
This rule is not subject to the
requirements of Executive Order 13771
because it is administrative in nature
and results in no more than de minimis
costs.
Paperwork Reduction Act
These rules do not create any new or
affect any existing collections and,
therefore, do not require OMB approval
under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
and 96.006, Supplemental Security
Income).
List of Subjects in 20 CFR Part 401
Privacy and disclosure of official
records and information.
Andrew Saul,
Commissioner of Social Security.
For the reasons stated in the
preamble, we amend subpart B of part
401 of title 20 of the Code of Federal
Regulations as set forth below:
PART 401—PRIVACY AND
DISCLOSURE OF OFFICIAL RECORDS
AND INFORMATION
Subpart B—[Amended].
1. The authority citation for subpart B
of part 401 continues to read as follows:
■
Authority: Secs. 205, 702(a)(5), 1106, and
1141 of the Social Security Act (42 U.S.C.
405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C.
552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103;
30 U.S.C. 923.
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45895-45900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18832]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-1012; Product Identifier 2018-NM-132-AD; Amendment
39-19708; AD 2019-16-05]
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 all
The Boeing Company Model 777 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 for affected seats. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective October 8, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 8,
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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1012.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1012; 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 777 airplanes. The NPRM published in the Federal Register on
December 26, 2018 (83 FR 66178). 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 for affected
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 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.
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 NPRM. United Airlines
agreed with the NPRM.
Request for Clarification of Service Information
United Airlines asked for clarification regarding what is
considered a finding for the determination of Condition 3 (no findings)
in Boeing Special Attention Service Bulletin 777-25-0619, Revision 1,
dated August 8, 2018 (``BSASB 777-25-0619, Revision 1''). The commenter
wanted to know that if the horizontal actuator is found to have part
number (P/N) AD8650502 or AD8650503 at Amendment A or Amendment B, is
that considered a finding for the determination of Condition 3 (no
findings).
The FAA agrees to provide clarification regarding Condition 3 in
BSASB 777-25-0619, Revision 1. According to BSASB 777-25-0619, Revision
1, following the procedures in Part 3 of the Accomplishment
Instructions can result in Condition 3 (no findings) or Condition 4
(any findings). If the horizontal actuator is found to have P/N
AD8650502 or AD8650503 at Amendment A or Amendment B it is considered a
finding
[[Page 45896]]
and meets Condition 4 of BSASB 777-25-0619, Revision 1. If the
horizontal actuator is found to have a part number other than P/N
AD8650502 or AD8650503 at Amendment A or Amendment B, it is consider a
no finding and meets Condition 3 of BSASB 777-25-0619, Revision 1. The
FAA has not revised this AD in regard to this issue.
Request for Clarification Regarding Removal of the Nameplate
Air New Zealand asked if the work instructions in Part 3.B. of
Ipeco Service Bulletin 258-25-14, Issue 4, dated January 29, 2018
(``Ipeco SB 258-25-14, Issue 4'') are compliant with the regulations
because the instructions are to remove the original nameplate, which
would appear to also be the data plate. Air New Zealand stated that
because the data plate should only be created and installed by the
original equipment manufacturer these instructions appear to create a
bogus part.
The FAA infers the commenter is referring to 14 CFR 21.616, which
requires the holder of a technical standard order (TSO) to mark each
TSO article in accordance with 14 CFR part 45. FAA Advisory Circular AC
21-25B, Section 8.2.4, provides an acceptable means of compliance for
marking modified seating systems.
Seat modifications accomplished under [14 CFR] part 43 or under
the applicable airworthiness regulations must mark the modified
article with sufficient data to identify that it has been modified.
This may be accomplished by providing a reference to a design
approval (e.g., STC number), the modifier's name and address, or
reference to other documentation describing the modification. If the
modifier cannot substantiate that the article continues to meet the
applicable TSO(s), the modifier must permanently obliterate the TSO
marking while retaining all other identifying data.
In this case, since the modifier has no access to the
substantiation information, he or she cannot substantiate that the
article continues to meet the requirements of the applicable TSO.
However, the seat has been modified with a design approval (i.e., Ipeco
SB 258-25-14, Issue 4) mandated by this AD. Therefore, the instructions
provided by the Ipeco SB 258-25-14, Issue 4, are appropriate and do not
conflict with FAA regulations or guidance. The FAA has not revised this
AD in regard to this issue.
Request To Revise Estimated Costs
Martha Viner requested that the estimated costs in the NPRM be
revised to include statistical evidence from the harms of the defective
parts. The commenter stated that the NPRM does not address the
psychological costs of the unsafe condition including, but not limited
to, injuries sustained from the defective parts and how many
individuals have been harmed as a result. The commenter did not provide
justification for her request. The FAA does not agree with the
commenter's request. Because the scope of FAA ADs are limited and
technical in nature, the FAA can only provide the actual known costs
(labor and materials) for compliance with the requirements of the AD.
The FAA has not revised this AD in regard to this issue.
Request To Revise Estimated Part Costs
Boeing requested that the parts cost for the replacement of the
horizontal actuator be changed from $205 to $7,936.79. The commenter
stated that the part manufacturer, Ipeco, provided the parts cost via
email.
The FAA agrees with the commenter's request because Boeing has
confirmed the part cost with Ipeco, the part supplier. The FAA has
revised the Costs of Compliance section of this final rule accordingly.
Request To Revise ``Uncommanded Movement'' Wording
Boeing requested that in all places where ``uncommanded movement''
is used in the NPRM that the wording be changed to ``uncommanded
horizontal movement.'' The commenter stated that the Captain's and
First Officer's seats have both horizontal and vertical powered
movement and the service information specified in the proposed AD
addresses only the horizontal movement.
The FAA agrees with the commenter's observation that Captain's and
First Officer's seats have both horizontal and vertical powered
movement. The FAA does not agree with the commenter's request to change
the wording to ``uncommanded horizontal movement'' because ``horizontal
movement'' could also mean movement anywhere in the horizontal plane of
the airplane on which the seat is installed. The FAA has revised this
final rule to replace all instance of the term ``uncommanded movement''
with ``uncommanded fore/aft movement.''
Request To Revise Applicability
Gary Chan asked if the FAA is planning to revise the applicability
of the proposed AD to include Model 747 airplanes. The commenter noted
that Ipeco seat part number 3A258 is rotable between Model 747 and
Model 777 airplanes. The commenter also pointed out that Boeing has
released service information for Model 747 airplanes to address flight
deck seat issues.
The FAA does not agree with the commenter's request to revise the
applicability of this AD. The FAA has already issued an NPRM (84 FR
13840, April 8, 2019) to address the identified unsafe condition and
parts rotability concern for Boeing Company Model 747-200B, 747-200C,
747-200F, 747-300, 747-400, 747-400D, 747-400F, 747-8F, and 747-8
series airplanes. The FAA has not revised this AD in regard to this
issue.
Request To Extend Compliance Time
Air New Zealand expressed concern that replacement parts for the
horizontal actuator would not be available in time for operators to
comply with the 36-month compliance time specified in the proposed AD.
The commenter noted that replacing the horizontal actuator with Artus
P/N AD8650503 at Amendment C or later was terminating action for the
repetitive checks of the horizontal movement system. The commenter
stated it contacted Ipeco regarding pricing and parts availability and
was advised that there is a 7-month lead time for the parts. The
commenter related that Ipeco may not be able to meet the demand for
parts when the AD is released.
The FAA infers that the commenter is requesting the compliance time
be extended due to a perceived parts availability issue. The FAA does
not agree with the commenter's request. The 36-month compliance time
for the required actions was determined taking into consideration the
urgency associated with the subject unsafe condition as well as the
availability of required parts. The FAA notes that the commenter is
considering parts availability for an optional terminating action,
which can be done at any time, and does not have to be done within 36
months after the effective date of this AD. However, the FAA will
consider requests for approval of an extension of the compliance time
if sufficient data are submitted to substantiate that the new
compliance time would provide an acceptable level of safety. The
operator can submit a request for an alternative means of compliance
(AMOC) using the provisions in paragraph (k) of this AD. The FAA has
not revised this AD in regard to this issue.
Request To Includes Records Review
Delta Air Lines requested that paragraph (g) of 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 commenter also
[[Page 45897]]
requested that paragraph (h) of the proposed AD be revised to include
the statements ``. . . do an inspection to determine the part number,
and serial number as applicable, of the Captain's and First Officer's
seats . . .'' and ``A review of the airplane maintenance records may be
used for the seat inspection if the part number can be conclusively
determined from that review.''
The commenter stated that the requested changes are in agreement
with the language found in BSASB 777-25-0619, Revision 1, which allows
maintenance records to be used to determine the part number of the
actuator; and the NOTE following step 3.B.2. of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-25-0607,
Revision 1, dated July 17, 2018 (``BSASB 777-25-0607, Revision 1'').
The commenter stated these added statements would provide an equivalent
level of safety for operators that do have affected components
installed on airplanes affected by this AD but listed outside of the
effectivity specified in the Boeing service information.
The FAA agrees with the commenters' statement that 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. As noted by the commenter, the service information already
allows a record review. For clarity, in paragraph (g) of this AD where
we specify to do an inspection, the FAA has included 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.''
However, paragraph (h) of this AD has not been revised. While
paragraph (g) of this AD requires an inspection to determine the part
number and serial number, as applicable, of the Captain's and First
Officer's seats, paragraph (h) of this AD specifies accomplishing
applicable actions in accordance with the service information, which
includes both inspection and records review language. The records
review provided in the service information referenced in pargraph (h)
of this AD is applicable to all airplanes identified in the
applicability of this AD. Therefore, a statement clarifying that a
records review is acceptable in lieu of an inspection is not necessary
for paragraph (h) of this AD.
Request To Clarify Procedures in Certain Service Information
Lufthansa stated that it is not possible for its mechanics to do
the maintenance log review that is included in Part A, paragraph 1.c.,
of the Accomplishment Instructions of Ipeco SB 258-25-14, Issue 4.
The FAA infers that the commenter is requesting that we clarify the
procedures in Ipeco SB 258-25-14, Issue 4. Operators only need to do a
review of the maintenance logs if the maintenance logs are available.
If maintenance logs are not available then operators do the actions in
Part A, paragraph 1.b., of Ipeco SB 258-25-14, Issue 4. Also, Part A,
paragraph 1.b. and paragraph 1.c. of the Accomplishment Instructions of
Ipeco SB 258-25-14, Issue 4, direct maintenance personnel to do the
actions in Part E of the Accomplishment Instructions if the horizontal
actuator has P/N AD8650503 at Amendment A or Amendment B. The FAA has
not revised this AD in regard to this issue.
Request To Require Alternative Actions
Lufthansa remarked that Boeing Special Attention Service Bulletin
777-25-0619, Revision 1, does not include procedures that provide a
permanent and acceptable level of safety. The commenter stated that it
would have expected a redesign of the horizontal shaft actuator
(including the shaft), which would be required to withstand and limit
the maximum loads to the horizontal output shaft, and would prevent
shafts from failure at any phase of seat operation. The commenter
stated that the repetitive inspections would not be effective because
shaft failures could occur at any time between inspections.
The commenter recommended that a more effective solution would be a
crew procedure (e.g., a pre-flight inspection of the seat tracks).
Furthermore the commenter stated that it would have expected a
termination action for modified/compliant airplanes, for example
required maintenance documentation amendments. The commenter asked if
any maintenance planning document item is being prepared that would
require repetitive checks for the part number of the horizontal
actuator.
The FAA infers that the commenter is requesting that we require
alternative actions to address the unsafe condition than what is
proposed in the NPRM. The FAA does not agree with the commenter's
request. The FAA has identified the unsafe condition in this final rule
as uncommanded fore/aft movement of the Captain's and First Officer's
seats. The FAA has determined that the actions required by this AD
adequately address the identified unsafe condition, and that the
creation of a maintenance planning document item or other service
information is not needed. In addition, the FAA notes that a
terminating action is detailed in paragraph (j) of this AD. Paragraph
(j) of this AD states ``Installation of a serviceable Captain's or
First Officer's seat as specified in, and in accordance with, the
Accomplishment Instructions of BSASB 777-25-0619, Revision 1,
terminates the repetitive checks required by paragraph (h) of this AD
for that seat only.''
A serviceable Captain's or First Officer's seat is defined in
Paragraph 3.A of BSASB 777-25-0619, Revision 1. The horizontal actuator
with Artus P/N AD8650503 at Amendment C or later is the redesigned
horizontal actuator that is designed to withstand the required limit
loads. Additionally, according to the BSASB 777-25-0619, Revision 1, in
the case that the horizontal actuator part number is not AD8650503 at
Amendment C or later, upon inspection and before further flight, the
operator has the option to install a power deactivated seat in lieu of
the terminating action or until such a time that the horizontal
actuator can be serviced in accordance with the appropriate service
information. The FAA has not revised this AD in regard to this issue.
However, under the provisions of paragraph (k) of this AD, the FAA will
consider requests for approval of alternative actions if sufficient
data are submitted to substantiate that alternative actions provide an
acceptable level of safety.
Regarding the commenter's statement that shaft failures could occur
at any time, the FAA infers that the commenter is referring to the 36-
month compliance time and the chance that a shaft failure might occur
during this time. The FAA notes that in developing an appropriate
compliance time, the FAA considered the urgency associated with the
subject unsafe condition, the availability of required parts, and the
practical aspect of accomplishing the required actions within a period
of time that corresponds to the normal scheduled maintenance for most
affected operators. In consideration of all of these factors, the FAA
has determined that the compliance time, as proposed, represents an
appropriate interval. The FAA further notes that the repetitive checks
required by this AD adequately address the unsafe condition, though
operators also have the option of installing a serviceable seat to
terminate
[[Page 45898]]
those repetitive checks, as specified in paragraph (j) of this AD.
Request To Provide Credit for Previous Actions
American Airlines requested that a provision be included in the
proposed AD to allow operators to receive credit for actions completed
prior to the effective date using the procedures in Boeing Special
Attention Service Bulletin 777-25-0607, dated January 9, 2014.
The FAA does not agree with the commenter's request. This AD
requires operators to use BSASB 777-25-0607, Revision 1, because it
includes seat part numbers that were not included in Boeing Special
Attention Service Bulletin 777-25-0607, dated January 9, 2014. The
Ipeco service information was revised in support of BSASB 777-25-0607,
Revision 1, by updating information included in the Accomplishment
Instructions. The FAA has not revised this AD 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 also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Service Bulletin 777-25-
0607, Revision 1, dated July 17, 2018 (``BSASB 777-25-0607, 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 for applicable on-condition
actions for affected seats. 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
777-25-0619, Revision 1, dated August 8, 2018 (``BSASB 777-25-0619,
Revision 1''). The service information describes procedures for a
detailed inspection and repetitive checks of the horizontal movement
system 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), overhaul of the horizontal movement system and replacement of
the horizontal actuator. 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.
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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 190 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions per Seat
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Identification, seat............ 1 work-hour x $85 $0 $85..................................... $16,150.
per hour = $85.
Detailed inspection, horizontal 1 work-hour x $85 0 $85..................................... $16,150.
movement system. per hour = $85.
Checks, horizontal movement 2 work-hour x $85 0 $170 per check cycle.................... $32,300 per check cycle.
system. per hour = $170
per check cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 per Seat *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adjustment, control lever cable....... 1 work-hour x $85 per $0........................................ $85.
hour = $85.
Overhaul, horizontal movement system.. 11 work-hours x $85 per Up to $5,824.............................. Up to $6,759.
hour = $935.
Inspection of each seat's fore/aft and 1 work-hour x $85 per $0........................................ $85.
vertical manual control levers. hour = $85.
Installation of serviceable seats..... 1 work-hour x $85 per $0........................................ $85.
hour = $85.
Clearing FOD.......................... 1 work-hour x $85 per $0........................................ $85.
hour = $85.
Replacement of the horizontal actuator 1 work-hour x $85 per $7,937 per actuator....................... $8,022 per actuator.
hour = $85, per
actuator.
Functional test, adjusted control 1 work-hour x $85 per $0........................................ $85.
lever cable. hour = $85.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 repetitive checks specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue
[[Page 45899]]
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 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):
2019-16-05 The Boeing Company: Amendment 39-19708; Docket No. FAA-
2018-1012; Product Identifier 2018-NM-132-AD.
(a) Effective Date
This AD is effective October 8, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 777-200, -200LR,
-300, -300ER, and 777F series airplanes, certificated in any
category.
(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 movement
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 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.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Seat Part Number 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 777-25-0607, 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 777-25-0619, Revision 1,
dated August 8, 2018 (``BSASB 777-25-0619, Revision 1''), do all
applicable actions identified as ``RC'' (required for compliance)
in, and in accordance with, the Accomplishment Instructions of BSASB
777-25-0619, Revision 1.
(i) Exception to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where BSASB 777-25-0619, 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
Installation of a serviceable Captain's or First Officer's seat
as specified in, and in accordance with, the Accomplishment
Instructions of BSASB 777-25-0619, Revision 1, terminates the
repetitive checks required by paragraph (h) of this AD for that seat
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 (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
[[Page 45900]]
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].
(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 777-25-0607,
Revision 1, dated July 17, 2018.
(ii) Boeing Special Attention Service Bulletin 777-25-0619,
Revision 1, dated August 8, 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-18832 Filed 8-30-19; 8:45 am]
BILLING CODE 4910-13-P
