Airworthiness Directives; The Boeing Company Airplanes, 75519-75522 [2022-26616]
Download as PDF
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Proposed Rules
To this end, the Commission seeks
comments about whether, both for
purposes of the term ‘‘internet public
communication’’ and the Commission’s
disclaimer requirements, a distinction
should be made between
communications over the internet where
(1) a person is paid to republish content
containing express advocacy or
soliciting a contribution on a third
party’s website, digital device,
application, or advertising platform in
order to increase the circulation or
prominence of that content; (2) a
website, digital device, application, or
advertising platform is paid directly to
‘‘boost’’ or expand the scope of
viewership of content containing
express advocacy or soliciting a
contribution in order to increase the
circulation or prominence of that
content; and (3) a person is paid to
create or generate content containing
express advocacy or soliciting a
contribution, which then appears on a
third party’s website, digital device,
application, or advertising platform.
Finally, the Commission is soliciting
comments concerning whether and how
this proposed change to the definitions
of ‘‘public communication’’ and
‘‘internet public communication’’ would
affect regulated entities broadly,
including in contexts unrelated to the
required disclaimers for a given
communication.
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Conclusion
As explained above, the Commission
is soliciting comments concerning the
proposed addition of certain
communications ‘‘promoted for a fee’’ to
its definitions of ‘‘public
communication’’ and ‘‘internet public
communication.’’ The details of this
proposal can be found on the
Commission’s website at https://
sers.fec.gov/fosers/search.htm (reference
REG 2011–02). The Commission’s goal
in this rulemaking is to promulgate final
rules that are flexible enough to
encompass both non-electronic and
electronic forms of payments,
communications, and internet
advertising, and that remain relevant as
new forms of information storage,
communication, payment, and
advertising methods and media emerge
and develop in the future. Accordingly,
the Commission welcomes comments
on the issues and questions addressed
by this rulemaking, and on any related
issues.
On behalf of the Commission.
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Jkt 259001
Dated: December 1, 2022.
Allen J. Dickerson,
Chairman, Federal Election Commission.
[FR Doc. 2022–26777 Filed 12–8–22; 8:45 am]
BILLING CODE 6715–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1304; Project
Identifier AD–2022–00347–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
The Boeing Company Model 767–300F
airplanes. This proposed AD was
prompted by a report indicating that the
installation requirements were not
followed for the first observer seat in the
flight deck. This proposed AD would
require installing placards in various
locations of the flight deck to indicate
the proper position for the first observer
seat during taxi, takeoff, and landing,
and revising the existing airplane flight
manual (AFM). The FAA is proposing
this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments
on this proposed AD by January 23,
2023.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1304; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, any comments
ADDRESSES:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
75519
received, and other information. The
street address for Docket Operations is
listed above.
Material Incorporated by Reference:
• For service information identified
in this NPRM, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; telephone
562–797–1717; website
myboeingfleet.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
regulations.gov by searching for and
locating Docket No. FAA–2022–1304.
FOR FURTHER INFORMATION CONTACT:
Kumar Khatri, Aerospace Engineer,
Cabin Safety and Environmental
Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3842; email: kumar.r.khatri@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1304; Project Identifier AD–
2022–00347–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
E:\FR\FM\09DEP1.SGM
09DEP1
75520
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Proposed Rules
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Kumar Khatri,
Aerospace Engineer, Cabin Safety and
Environmental Systems Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and
fax: 206–231–3842; email:
kumar.r.khatri@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Background
The FAA has received a noncompliance report indicating that the
technical standard order installation
requirements for the first observer seat
in the flight deck were not followed.
When the first observer seat, located in
front of the supernumerary seats, is in
the furthest aft position on the seat
tracks, the ‘‘head path stay out zone’’ is
compromised. This condition, if not
addressed, could result in occupants
seated in the right or center
supernumerary seats sustaining an
injury during an emergency landing.
FAA’s Determination
The FAA is issuing this NPRM after
determining that the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Special
Attention Requirements Bulletin 767–
25–0589 RB, dated February 25, 2022.
This service information specifies
procedures for installing markers
(placards) in the flight deck regarding
the position of the first observer seat
position during taxi, takeoff, and
landing.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
This proposed AD would also require
revising the existing AFM to include
procedures for briefing all occupants
other than the flightcrew members
regarding the first observer seat position
for taxi, takeoff, and landing, as
indicated by the placards installed in
the flight deck.
Compliance With AFM Revisions
Section 91.9 prohibits any person
from operating a civil aircraft without
complying with the operating
limitations specified in the AFM and on
installed placards. FAA regulations also
require operators to furnish pilots with
any changes to the AFM (14 CFR
121.137) and pilots in command to be
familiar with the AFM and installed
placards containing operating
limitations(14 CFR 91.505).
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 153
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Placard installation ...........
AFM revision .....................
1 work-hour × $85 per hour = $85 ...............
1 work-hour × $85 per hour = $85 ...............
Up to $117 ................
$0 ..............................
Up to $202 ................
$85 ............................
Cost on U.S.
operators
Up to $30,906.
$13,005.
Authority for This Rulemaking
Regulatory Findings
List of Subjects in 14 CFR Part 39
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
VerDate Sep<11>2014
17:15 Dec 08, 2022
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Fmt 4702
Sfmt 4702
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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:
■
The Boeing Company: Docket No. FAA–
2022–1304; Project Identifier AD–2022–
00347–T.
E:\FR\FM\09DEP1.SGM
09DEP1
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by January 23,
2023.
(b) Affected ADs
None.
address this condition, which if not
addressed, could result in occupants seated
in the right or center supernumerary seats
sustaining an injury during an emergency
landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(c) Applicability
This AD applies to all The Boeing
Company Model 767–300F airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 11, Placards and markings.
(e) Unsafe Condition
This AD was prompted by a report
indicating that the installation requirements
were not followed for the first observer seat
in the flight deck. When the first observer
seat, located in front of the supernumerary
seats, is in the furthest aft position on the
seat tracks the ‘‘head path stay out zone’’ is
compromised. The FAA is issuing this AD to
(g) Placard Installation
Except as specified by paragraph (h) of this
AD: At the applicable time specified in the
‘‘Compliance’’ paragraph of Boeing Special
Attention Requirements Bulletin 767–25–
0589 RB, dated February 25, 2022, do all
applicable actions identified in, and in
accordance with, the Accomplishment
Instructions of Boeing Special Attention
Requirements Bulletin 767–25–0589 RB,
dated February 25, 2022.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Special Attention
Service Bulletin 767–25–0589, dated
75521
February 25, 2022, which is referred to in
Boeing Special Attention Requirements
Bulletin 767–25–0589 RB, dated February 25,
2022.
(h) Exception to Service Information
Specifications
Where the Compliance Time column of the
table in the ‘‘Compliance’’ paragraph of
Boeing Special Attention Requirements
Bulletin 767–25–0589 RB, dated February 25,
2022, uses the phrase ‘‘the original issue date
of Requirements Bulletin 767–25–0589 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(i) Revision of Existing Airplane Flight
Manual (AFM)
Within 12 months after the effective date
of this AD, revise Section 3.1 of the Normal
Procedures Section of the existing AFM to
include the information in figure 1 to
paragraph (i) of this AD. This may be done
by inserting a copy of figure 1 to paragraph
(i) of this AD into the existing AFM.
Figure 1 to paragraph (i): Flight deck occupancy (freighter airplane)
(Required by AD*****-**-**)
FLIGHT DECK OCCUPANCY (Freighter Airplane)
The following item should be briefed to all occupants
other than flight crew members by the appropriate flight
crew member, prior to pushback or engine start:
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(j) 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 responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k) of this
AD. Information may be emailed to: 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 responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
VerDate Sep<11>2014
17:15 Dec 08, 2022
Jkt 259001
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.
(k) Related Information
For more information about this AD,
contact Kumar Khatri, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3842; email:
kumar.r.khatri@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
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Frm 00004
Fmt 4702
Sfmt 4702
(i) Boeing Special Attention Requirements
Bulletin 767–25–0589 RB, dated February 25,
2022.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
E:\FR\FM\09DEP1.SGM
09DEP1
EP09DE22.131
Occupant seat position for Taxi, Takeoff, and Landing as
indicated by placards.
75522
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Proposed Rules
Issued on October 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26616 Filed 12–8–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1577; Project
Identifier MCAI–2022–00860–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2022–09–06, which applies to certain
Airbus SAS Model A350–941 and –1041
airplanes. AD 2022–09–06 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2022–09–06, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
continue to require the actions in AD
2022–09–06 and would require revising
the existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations, as specified
in a European Union Aviation Safety
Agency (EASA) AD, which is proposed
for incorporation by reference. The FAA
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by January 23,
2023.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
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ADDRESSES:
VerDate Sep<11>2014
17:15 Dec 08, 2022
Jkt 259001
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1577; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For material that is proposed for
IBR in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2022–1577.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195.
Confidential Business Information
Dat
Le, Aerospace Engineer, Large Aircraft
Section, FAA, International Validation
Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 516–228–
7317; email dat.v.le@faa.gov.
The FAA issued AD 2022–09–06,
Amendment 39–22026 (87 FR 29654,
May 16, 2022; corrected May 23, 2022
(87 FR 31123)) (AD 2022–09–06), for
certain Airbus SAS Model A350–941
and –1041 airplanes. AD 2022–09–06
was prompted by MCAI originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA issued AD 2021–0208,
dated September 15, 2021 (EASA AD
2021–0208) (which corresponds to FAA
AD 2022–09–06), to correct an unsafe
condition.
AD 2022–09–06 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive
airworthiness limitations. The FAA
issued AD 2022–09–06 to address
hazardous or catastrophic airplane
system failures. AD 2022–09–06
specifies that accomplishing the
revision required by that AD terminates
certain requirements of AD 2019–20–01,
Amendment 39–19754 (84 FR 55495,
October 17, 2019) (AD 2019–20–01).
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1577; Project Identifier
MCAI–2022–00860–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dat Le, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 516–228–7317; email
dat.v.le@faa.gov. Any commentary that
the FAA receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
Actions Since AD 2022–09–06 Was
Issued
Since the FAA issued AD 2022–09–
06, EASA superseded AD 2021–0208
and issued EASA AD 2022–0127, dated
June 28, 2022 (EASA AD 2022–0127)
(referred to after this as the MCAI), for
certain Airbus SAS Model A350–941
E:\FR\FM\09DEP1.SGM
09DEP1
Agencies
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Proposed Rules]
[Pages 75519-75522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26616]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1304; Project Identifier AD-2022-00347-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 767-300F airplanes. This proposed AD
was prompted by a report indicating that the installation requirements
were not followed for the first observer seat in the flight deck. This
proposed AD would require installing placards in various locations of
the flight deck to indicate the proper position for the first observer
seat during taxi, takeoff, and landing, and revising the existing
airplane flight manual (AFM). The FAA is proposing this AD to address
the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by January 23,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1304; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; website myboeingfleet.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2022-1304.
FOR FURTHER INFORMATION CONTACT: Kumar Khatri, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3842; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1304; Project Identifier
AD-2022-00347-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial
[[Page 75520]]
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to this NPRM, it
is important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this NPRM.
Submissions containing CBI should be sent to Kumar Khatri, Aerospace
Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3842; email: [email protected]. Any commentary that the
FAA receives that is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
Background
The FAA has received a non-compliance report indicating that the
technical standard order installation requirements for the first
observer seat in the flight deck were not followed. When the first
observer seat, located in front of the supernumerary seats, is in the
furthest aft position on the seat tracks, the ``head path stay out
zone'' is compromised. This condition, if not addressed, could result
in occupants seated in the right or center supernumerary seats
sustaining an injury during an emergency landing.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Requirements Bulletin
767-25-0589 RB, dated February 25, 2022. This service information
specifies procedures for installing markers (placards) in the flight
deck regarding the position of the first observer seat position during
taxi, takeoff, and landing.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. This proposed AD would also require revising the existing
AFM to include procedures for briefing all occupants other than the
flightcrew members regarding the first observer seat position for taxi,
takeoff, and landing, as indicated by the placards installed in the
flight deck.
Compliance With AFM Revisions
Section 91.9 prohibits any person from operating a civil aircraft
without complying with the operating limitations specified in the AFM
and on installed placards. FAA regulations also require operators to
furnish pilots with any changes to the AFM (14 CFR 121.137) and pilots
in command to be familiar with the AFM and installed placards
containing operating limitations(14 CFR 91.505).
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 153 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Placard installation.......... 1 work-hour x $85 Up to $117...... Up to $202...... Up to $30,906.
per hour = $85.
AFM revision.................. 1 work-hour x $85 $0.............. $85............. $13,005.
per hour = $85.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
The Boeing Company: Docket No. FAA-2022-1304; Project Identifier AD-
2022-00347-T.
[[Page 75521]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 23, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 767-300F
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 11, Placards and
markings.
(e) Unsafe Condition
This AD was prompted by a report indicating that the
installation requirements were not followed for the first observer
seat in the flight deck. When the first observer seat, located in
front of the supernumerary seats, is in the furthest aft position on
the seat tracks the ``head path stay out zone'' is compromised. The
FAA is issuing this AD to address this condition, which if not
addressed, could result in occupants seated in the right or center
supernumerary seats sustaining an injury during an emergency
landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Placard Installation
Except as specified by paragraph (h) of this AD: At the
applicable time specified in the ``Compliance'' paragraph of Boeing
Special Attention Requirements Bulletin 767-25-0589 RB, dated
February 25, 2022, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Special
Attention Requirements Bulletin 767-25-0589 RB, dated February 25,
2022.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Special Attention Service
Bulletin 767-25-0589, dated February 25, 2022, which is referred to
in Boeing Special Attention Requirements Bulletin 767-25-0589 RB,
dated February 25, 2022.
(h) Exception to Service Information Specifications
Where the Compliance Time column of the table in the
``Compliance'' paragraph of Boeing Special Attention Requirements
Bulletin 767-25-0589 RB, dated February 25, 2022, uses the phrase
``the original issue date of Requirements Bulletin 767-25-0589 RB,''
this AD requires using ``the effective date of this AD.''
(i) Revision of Existing Airplane Flight Manual (AFM)
Within 12 months after the effective date of this AD, revise
Section 3.1 of the Normal Procedures Section of the existing AFM to
include the information in figure 1 to paragraph (i) of this AD.
This may be done by inserting a copy of figure 1 to paragraph (i) of
this AD into the existing AFM.
[GRAPHIC] [TIFF OMITTED] TP09DE22.131
(j) 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 responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (k) of this AD. Information may be emailed
to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, 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.
(k) Related Information
For more information about this AD, contact Kumar Khatri,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3842; email: [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Requirements Bulletin 767-25-0589
RB, dated February 25, 2022.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 75522]]
Issued on October 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26616 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P