Airworthiness Directives; The Boeing Company Airplanes, 45895-45900 [2019-18832]

Download as PDF Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations filed, rescinded, or terminated.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to notify producers or owners of whether or not a valid election exists or is in place or whether any producer has rescinded or terminated an election.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 khammond on DSKBBV9HB2PROD with RULES 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. VerDate Sep<11>2014 15:43 Aug 30, 2019 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: Jkt 247001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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 E:\FR\FM\03SER1.SGM 03SER1 45896 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations 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. khammond on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 15:43 Aug 30, 2019 Jkt 247001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 E:\FR\FM\03SER1.SGM 03SER1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations 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. VerDate Sep<11>2014 15:43 Aug 30, 2019 Jkt 247001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 45897 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 E:\FR\FM\03SER1.SGM 03SER1 45898 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations 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: khammond on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 15:43 Aug 30, 2019 Jkt 247001 terminating action for the repetitive checks specified in this AD. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue E:\FR\FM\03SER1.SGM 03SER1 Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations 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]


=======================================================================
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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