Rule2023-14513
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
July 11, 2023
Effective
August 15, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-300F airplanes. This AD was prompted by a report indicating that the installation requirements were not followed for the first observer seat in the flight deck. This AD requires 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 issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 131 (Tuesday, July 11, 2023)</title>
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[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Rules and Regulations]
[Pages 44035-44037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14513]
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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;
Amendment 39-22482; AD 2023-12-23]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 767-300F airplanes. This AD was
prompted by a report indicating that the installation requirements were
not followed for the first observer seat in the flight deck. This AD
requires 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 issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective August 15, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 15,
2023.
ADDRESSES:
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 final rule, 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.
Material Incorporated by Reference:
<bullet> 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; 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> under Docket No. FAA-2022-1304.
FOR FURTHER INFORMATION CONTACT: Kumar Khatri, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3842; email: <a href="/cdn-cgi/l/email-protection#88e3fde5e9faa6faa6e3e0e9fcfae1c8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="b9d2ccd4d8cb97cb97d2d1d8cdcbd0f9dfd8d897ded6cf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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 767-300F airplanes. The NPRM published in the Federal Register on
December 9, 2022 (87 FR 75519). The NPRM was prompted by 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. In the NPRM,
the FAA proposed to 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 AFM.
The FAA is issuing this AD to address the unsafe condition, which could
result in occupants seated in the right or center supernumerary seats
sustaining an injury during an emergency landing.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA), and The Boeing Company who supported the NPRM
without change.
The FAA received additional comments from Aviation Partners Boeing,
Federal Express (FedEx), and United Parcel Service (UPS). The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST01920SE on applicable Boeing
models subject to the proposed rule does not affect compliance with the
mandated actions in this AD.
The FAA agrees with the commenter that STC ST01920SE does not
affect the ability to accomplish the actions required by this AD. The
FAA has not changed this AD in this regard.
Request To Allow Installation of Equivalent Placards
FedEx stated that Boeing Special Attention Requirements Bulletin
767-25-0589 RB, dated February 25, 2022, currently specifies the
installation of Boeing placard part numbers BAC27TFDE714 and
BAC27TFDE715. FedEx requested that the proposed AD be revised to allow
installation of equivalent placards with like verbiage in lieu of the
Boeing part numbers.
The FAA disagrees with the request because the placard verbiage,
font, color and locations are standard and they follow the
certification requirements. Although, it is not acceptable to change
the verbiage, an alternative method of compliance (AMOC) request may be
submitted with supporting data that demonstrates an acceptable level of
safety for equivalent placards. The FAA has not changed this AD in this
regard.
Request To Change Instructions for Placard Installation
FedEx requested that the AD allow measuring both the horizontal and
vertical dimensions from the same corner that currently only the
vertical dimension is measured from, as specified in the Boeing Special
Attention Requirements Bulletin 767-25-0589 RB, dated February 25,
2022. FedEx additionally wanted the dimension tolerances increased to a
minimum of 0.25''/1.50'' for workability, as these position tolerances
do not affect safety or the ability of the placard to communicate
safety information to the crew.
The FAA disagrees with the requested method of measurement as it
does not comply with the information specified in Boeing Special
Attention Requirements Bulletin 767-25-0589 RB, dated February 25,
2022. Operators may submit requests for approval of AMOCs with
supporting data that demonstrates an acceptable level of safety for an
alternative method of measurement and
[[Page 44036]]
deviation to the dimensional tolerances specified in Boeing Special
Attention Requirements Bulletin 767-25-0589 RB, dated February 25,
2022. The FAA has not changed this AD in this regard.
Request To Change Applicability Statement
UPS requested that the paragraph (c) of the proposed AD be updated
to state that the AD is limited to Model 767-300F airplanes identified
in Boeing Special Attention Requirements Bulletin 767-25-0589 RB, dated
February 25, 2022, instead of stating that all Model 767-300F airplanes
are affected.
The FAA agrees with the comment because the manufacturer has
incorporated the placards on line numbers 1208 and subsequent in
production. Therefore, the affected airplane line numbers are listed in
Boeing Special Attention Requirements Bulletin 767-25-0589 RB, dated
February 25, 2022. Paragraph (c) of this AD has been updated
accordingly.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
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.
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 affects 153 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Placard installation........... 1 work-hour x $85 per Up to $117....... Up to $202....... Up to $30,906.
hour = $85.
AFM revision................... 1 work-hour x $85 per 0................ $85.............. $13,005.
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
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.
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:
2023-12-23 The Boeing Company: Amendment 39-22482; Docket No. FAA-
2022-1304; Project Identifier AD-2022-00347-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 15, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-300F airplanes,
certificated in any category, as identified in Boeing Special
Attention Requirements Bulletin 767-25-0589 RB, dated February 25,
2022.
(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
[[Page 44037]]
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.
Figure 1 to paragraph (i): Flight deck occupancy (freighter airplane)
[GRAPHIC] [TIFF OMITTED] TN11JY23.000
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520 Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph (k)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ead3c7aba4a7c7b98f8b9e9e868fc7aba9a5c7aba7a5a9c7b88f9b9f8f999e99aa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="3c05117d7271116f595d48485059117d7f73117d71737f116e594d49594f484f7c5a5d5d125b534a">[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, AIR-520
Continued Operational Safety Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
(k) Related Information
For more information about this AD, contact Kumar Khatri,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3842; email: <a href="/cdn-cgi/l/email-protection#bfd4cad2decd91cd91d4d7decbcdd6ffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="caa1bfa7abb8e4b8e4a1a2abbeb8a38aacababe4ada5bc">[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#761004581f1805061315021f1918361817041758111900"><span class="__cf_email__" data-cfemail="2d4b5f0344435e5d484e594442436d434c5f4c034a425b">[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>.
Issued on June 15, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14513 Filed 7-10-23; 8:45 am]
BILLING CODE 4910-13-P
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