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Proposed Rule2023-19797

Airworthiness Directives; The Boeing Company Airplanes

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Published

September 27, 2023

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

The FAA proposes to supersede Airworthiness Directive (AD) 2019-16-05, which applies to all The Boeing Company Model 777 airplanes. AD 2019-16-05 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. Since the FAA issued AD 2019-16-05, the FAA has discovered that certain seat part numbers had been inadvertently omitted from the inspection requirements of AD 2019-16-05. This proposed AD would retain the requirements of AD 2019-16-05 and would add inspection of the previously omitted part numbers. The FAA is proposing this AD to address the unsafe condition on these products.

Full Text

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<title>Federal Register, Volume 88 Issue 186 (Wednesday, September 27, 2023)</title>
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[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Proposed Rules]
[Pages 66310-66314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19797]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1879; Project Identifier AD-2023-00286-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 supersede Airworthiness Directive (AD)
2019-16-05, which applies to all The Boeing Company Model 777
airplanes. AD 2019-16-05 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. Since the FAA issued AD 2019-16-05, the FAA has discovered that
certain seat part numbers had been inadvertently omitted from the
inspection requirements of AD 2019-16-05. This proposed AD would retain
the requirements of AD 2019-16-05 and would add inspection of the
previously omitted part numbers. 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 November
13, 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-2023-1879; 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:

[[Page 66311]]

<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> under Docket No. FAA-2023-1879.

FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3986; email: <a href="/cdn-cgi/l/email-protection#c1a2aeb4b3b5afa4b8efaaefb5b4a2aa81a7a0a0efa6aeb7">[email&#160;protected]</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-2023-1879; Project Identifier
AD-2023-00286-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
the 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 proposed AD.

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 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
Courtney Tuck, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3986; email: <a href="/cdn-cgi/l/email-protection#8cefe3f9fef8e2e9f5a2e7a2f8f9efe7cceaededa2ebe3fa">[email&#160;protected]</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 issued AD 2019-16-05, Amendment 39-19708 (84 FR 45895,
September 23, 2019) (AD 2019-16-05), for all The Boeing Company Model
777-200, -200LR, -300, -300ER, and 777F series airplanes. AD 2019-16-05
was prompted by reports of uncommanded fore/aft movements of the
Captain's and First Officer's seats. AD 2019-16-05 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 issued AD 2019-16-05 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.

Actions Since AD 2019-16-05 Was Issued

Since the FAA issued AD 2019-16-05, certain seat part numbers were
discovered to have been inadvertently omitted from the service
information, and were therefore not included in the requirements of AD
2019-16-05.

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 Service Bulletin 777-25-
0607, Revision 2, dated January 27, 2023. 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 2, dated January 27, 2023. 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), overhauling
the horizontal movement system, and replacing 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 proposed AD would also require Boeing Special Attention
Service Bulletin 777-25-0619, Revision 1, dated August 8, 2018, which
the Director of the Federal Register approved for incorporation by
reference as of October 8, 2019 (84 FR 45895, September 3, 2019).
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.

Proposed AD Requirements in This NPRM

Although this proposed AD does not explicitly restate the
requirements of AD 2019-16-05, this proposed AD would retain all of the
requirements of AD 2019-16-05. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraphs (g) and (h) of this proposed AD. This proposed
AD would also require accomplishment of the actions specified in Boeing
Special Attention Service Bulletin 777-25-0607, Revision 2, dated
January 27, 2023, and the actions identified as ``RC'' (required for
compliance) in the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-25-0619, Revision 2, dated January 27,
2023, described previously, except as discussed under ``Differences
Between this Proposed AD and the Service Information.''
For information on the procedures and compliance times, see this
service

[[Page 66312]]

information at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1879.

Differences Between This Proposed AD and the Service Information

The effectivity of Boeing Special Attention Service Bulletins 777-
25-0607 and 777-25-0619, both Revision 2, dated January 27, 2023, is
limited to Model 777-200, -200LR, -300, -300ER, and 777F airplanes with
specific line numbers. However, the applicability of this proposed AD
includes all Model 777-200, -200LR, -300, -300ER, and 777F series
airplanes. Because the affected Captain's and First Officer's seats are
rotable parts, the FAA has determined that these seats could later be
installed on airplanes that were initially delivered with acceptable
seats, thereby subjecting those airplanes to the identified unsafe
condition.
Where Boeing Special Attention Service Bulletin 777-25-0607,
Revision 2, dated January 27, 2023, specifies compliance within 72
months after the original issue date of the service bulletin, this
proposed AD would require compliance with those actions within 36
months after the effective date of AD 2019-16-05. The 36-month
compliance time corresponds to the compliance time in Boeing Special
Attention Service Bulletin 777-25-0619, Revision 2, dated January 27,
2023. The FAA determined during the development of AD 2019-16-05 that a
36-month compliance time was appropriate for doing those actions.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 327 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

Estimated Costs for Required Actions per Seat
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Identification, seat (retained 1 work-hour x $85 $0 $85................ $27,795.
actions from AD 2019-16-05). per hour = $85.
Detailed inspection, horizontal 1 work-hour x $85 0 $85................ $27,795.
movement system (retained per hour = $85.
actions from AD 2019-16-05).
Checks, horizontal movement 2 work-hour x $85 0 $170 per check $55,590 per check
system (retained actions from AD per hour = $170 cycle. cycle.
2019-16-05). 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 1 work-hour x $85 per $0..................... $85.
and 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 1 work-hour x $85 per $7,937 per actuator.... $8,022 per actuator.
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 included all known costs in its cost estimate.
According to the manufacturer, however, some/all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

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 has 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 that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and

[[Page 66313]]

(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:
0
a. Removing Airworthiness Directive (AD) 2019-16-05, Amendment 39-19708
(84 FR 45895, September 3, 2019), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2023-1879; Project Identifier AD-
2023-00286-T.

(a) Comments Due Date

The FAA must receive comments on this airworthiness directive
(AD) by November 13, 2023.

(b) Affected ADs

This AD replaces AD 2019-16-05, Amendment 39-19708 (84 FR 45895,
September 3, 2019) (AD 2019-16-05).

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

Except as specified in paragraph (i) of this AD: At the
applicable time specified in Boeing Special Attention Service
Bulletin 777-25-0607, Revision 2, dated January 27, 2023, 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 2, dated January 27, 2023. 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 2,
dated January 27, 2023, do all applicable actions identified as
``RC'' (required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-25-0619, Revision 1, dated August 8, 2018, or Revision
2, dated January 27, 2023. As of the effective date of this AD, only
Boeing Special Attention Service Bulletin 777-25-0619, Revision 2,
dated January 27, 2023, may be used. Actions identified as
terminating action in Boeing Special Attention Service Bulletin 777-
25-0619, Revision 1, dated August 8, 2018, or Revision 2, dated
January 27, 2023, terminate the applicable required actions of this
AD, provided the terminating action is done in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-25-0619, Revision 1, dated August 8, 2018, or Revision
2, dated January 27, 2023.

(i) Exceptions to Service Information Specifications

(1) Where Boeing Special Attention Service Bulletin 777-25-0619,
Revision 2, dated January 27, 2023, uses the phrase ``the Original
issue date of this service bulletin,'' this AD requires replacing
those words with ``October 8, 2019 (the effective date of AD 2019-
16-05).''
(2) Where Boeing Special Attention Service Bulletin 777-25-0607,
Revision 2, dated January 27, 2023, specifies compliance for certain
actions ``within 72 months after the Original Issue date of this
service bulletin,'' this AD requires replacing those words with
``within 36 months after October 8, 2019 (the effective date of AD
2019-16-05).''
(3) Where Boeing Special Attention Service Bulletin 777-25-0607,
Revision 2, dated January 27, 2023, specifies compliance for certain
actions ``within 36 months after the Revision 2 date of this service
bulletin,'' this AD requires compliance within 36 months after the
effective date of this AD.

(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#457c68040b0868162024313129206804060a6804080a06681720343020363136052324246b222a33">[email&#160;protected]</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.
(4) AMOCs approved for AD 2019-16-05 are approved as AMOCs for
the corresponding provisions of this AD.
(5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(5)(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 still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

(1) For more information about this AD, contact Courtney Tuck,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3986; email: <a href="/cdn-cgi/l/email-protection#fb98948e898f959e82d590d58f8e9890bb9d9a9ad59c948d">[email&#160;protected]</a>.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(5) and (6) of this AD.

(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.

[[Page 66314]]

(3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) Boeing Special Attention Service Bulletin 777-25-0607,
Revision 2, dated January 27, 2023.
(ii) Boeing Special Attention Service Bulletin 777-25-0619,
Revision 2, dated January 27, 2023.
(4) The following service information was approved for IBR on
October 8, 2019 (84 FR 45895, September 3, 2019).
(i) Boeing Special Attention Service Bulletin 777-25-0619,
Revision 1, dated August 8, 2018.
(ii) [Reserved]
(5) 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>.
(6) 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.
(7) 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#0c6a7e2265627f7c696f786563624c626d7e6d226b637a">[email&#160;protected]</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 September 8, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-19797 Filed 9-26-23; 8:45 am]
BILLING CODE 4910-13-P

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