Proposed Rule2022-26616
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26616]
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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).
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#f09b859d9182de82de9b9891848299b0969191de979f86"><span class="__cf_email__" data-cfemail="412a342c20336f336f2a2920353328012720206f262e37">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#563d233b37247824783d3e3722243f1630373778313920"><span class="__cf_email__" data-cfemail="95fee0f8f4e7bbe7bbfefdf4e1e7fcd5f3f4f4bbf2fae3">[email protected]</span></a>. 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
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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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.
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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: <a href="/cdn-cgi/l/email-protection#8bb2a6cac5c6a6d8eeeaffffe7eea6cac8c4a6cac6c4c8a6d9eefafeeef8fff8cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="3f06127e7172126c5a5e4b4b535a127e7c70127e72707c126d5a4e4a5a4c4b4c7f595e5e11585049">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#96fde3fbf7e4b8e4b8fdfef7e2e4ffd6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="0c6779616d7e227e2267646d787e654c6a6d6d226b637a">[email protected]</span></a>.
(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 <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(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, <a href="/cdn-cgi/l/email-protection#f69084d89f9885869395829f9998b698978497d8919980"><span class="__cf_email__" data-cfemail="f29480dc9b9c81829791869b9d9cb29c938093dc959d84">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
[[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
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