AD 2016-19-04

[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65857-65860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-22187]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3992; Directorate Identifier 2015-NM-075-AD; 
Amendment 39-18653; AD 2016-19-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 787-8 airplanes. This AD was prompted by a 
report of uncommanded movement by a captain's seat during a landing 
rollout due to a failure in the seat horizontal actuator. This AD 
requires repetitive tests of the captain and first officer seat 
assemblies for proper operation, and corrective action if necessary. 
This AD also requires installation of new captain and first officer 
seat assemblies, which terminates the repetitive tests. We are issuing 
this AD to prevent a seat actuator clutch failure, which could result 
in a loss of seat locking and uncommanded motion of the captain's or 
first officer's seat; uncommanded seat movement could result in reduced 
controllability of the airplane.

DATES: This AD is effective October 31, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 31, 
2016.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. For information on the availability of this 
material at the FAA, call 425-227-1221. It is also available on the 
Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2016-3992.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
3992; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6572; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#4705352629232829690b32242235280721262669202831"><span class="__cf_email__" data-cfemail="c183b3a0afa5aeafef8db4a2a4b3ae81a7a0a0efa6aeb7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 787-8 airplanes. The NPRM published in the Federal Register on 
March 7, 2016 (81 FR 11687) (``the

[[Page 65858]]

NPRM''). The NPRM was prompted by a report of uncommanded movement by a 
captain's seat during a landing rollout due to a failure in the seat 
horizontal actuator. The NPRM proposed to require repetitive tests of 
the captain and first officer seat assemblies for proper operation, and 
corrective action if necessary. The NPRM also proposed to require 
installation of new captain and first officer seat assemblies, which 
would terminate the repetitive tests. We are issuing this AD to prevent 
a seat actuator clutch failure, which could result in a loss of seat 
locking and uncommanded motion of the captain's or first officer's 
seat; uncommanded seat movement could result in reduced controllability 
of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Remove Service Bulletin Issue Number and Date

    Boeing requested that we revise the NPRM to not specify the Service 
Bulletin issue number and date, or alternatively to include ``or 
subsequent'' when referencing Boeing Alert Service Bulletin B787-81205-
SB250054-00, Issue 001, dated December 19, 2014.
    Boeing commented that the seat supplier is currently working on a 
related nuisance issue of intermittent electrical operation of the 
seat-powered adjustment system. Boeing stated that the resolution to 
this issue may result in changes to the part numbers of the actuators 
and seat assemblies, and revision to the service bulletin issue number 
and date.
    We do not agree with the commenter's request to remove the issue 
number and date of the service information. We cannot allow use of 
``later-approved revisions'' in an AD when referring to the service 
document. Doing so violates Office of the Federal Register (OFR) 
regulations for approval of materials ``incorporated by reference,'' as 
specified in 1 CFR 51.1(f). If for any reason the issue and date of the 
service bulletin should change, the FAA may consider issuing an 
alternative method of compliance (AMOC) to allow use of a later 
revision. We have not changed this AD in this regard.

Request To Remove the Replacement Seat Part Numbers

    Boeing requested that we remove the replacement seat part numbers 
to be installed as terminating action from this AD, and instead specify 
that seats be replaced with part numbers ``as specified in Boeing Alert 
Service Bulletin B787-81205-SB250054-00.''
    Boeing commented that the seat supplier is currently working on a 
related nuisance issue of intermittent electrical operation of the 
seat-powered adjustment system. The resolution to this issue may result 
in change to the part numbers of the actuators and seat assemblies.
    We partially agree with the commenter's request. We have changed 
paragraph (h) of this AD to remove the part numbers of the actuators 
and seat assemblies from this AD and to include the part numbers 
specified in Boeing Alert Service Bulletin B787-81205-SB250054-00. 
However, we have included the revision level and date of the service 
information for the reasons noted in the previous comment response. The 
FAA may consider issuing an AMOC to allow use of a later revision of 
the service information.

Request To Allow Credit for Prior Accomplishment of Service Bulletins

    United Airlines requested that the AD allow credit for prior 
accomplishment of Boeing and Ipeco service information.
    We already provide credit in paragraph (f) of this AD for prior 
accomplishment of Boeing Alert Service Bulletin B787-81205-SB250054-00, 
Issue 001, dated December 19, 2014, if accomplished before the 
effective date of this AD. In addition, credit is not necessary for 
using the Ipeco service information referenced in Boeing Alert Service 
Bulletin B787-81205-SB250054-00, Issue 001, dated December 19, 2014, 
because this AD does not specifically require using Ipeco service 
information. No change to this AD is necessary.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB250054-00, 
Issue 001, dated December 19, 2014. This service information provides 
procedures for installation of new captain and first officer seat 
assemblies, a test of the captain and first officer seat assemblies, 
and corrective action if necessary. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 18 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Operational test................  2 work-hours x $85  $0................  $170 per test       $3,060 per test
                                   per hour = $170                         cycle.              cycle.
                                   per test cycle.
Seat assembly installation......  3 work-hours x $85  $15,141 per seat x  $30,537 to replace  $549,666.
                                   per hour = $255     2 seats = $30,282.  two seats.
                                   to replace two
                                   seats.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary corrective 
actions that would be required based on the results of the operational 
tests. We have no way of determining the number of aircraft that might 
need these actions:

[[Page 65859]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of captain seat vertical actuator.  2 work-hours x $85 per hour =             $7,500          $7,670
                                                 $170.
Replacement of captain seat horizontal          2 work-hours x $85 per hour =              7,500           7,670
 actuator.                                       $170.
Replacement of first officer seat vertical      2 work-hours x $85 per hour =              7,500           7,670
 actuator.                                       $170.
Replacement of first officer seat horizontal    2 work-hours x $85 per hour =              7,500           7,670
 actuator.                                       $170.
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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.
    We are 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2016-19-04 The Boeing Company: Amendment 39-18653; Docket No. FAA-
2016-3992; Directorate Identifier 2015-NM-075-AD.

(a) Effective Date

    This AD is effective October 31, 2016.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, 
certificated in any category, as identified in Boeing Alert Service 
Bulletin B787-81205-SB250054-00, Issue 001, dated December 19, 2014.

 (d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

 (e) Unsafe Condition

    This AD was prompted by a report of uncommanded movement by a 
captain's seat during a landing rollout due to a failure in the seat 
horizontal actuator. We are issuing this AD to prevent a seat 
actuator clutch failure, which could result in a loss of seat 
locking and uncommanded motion of the captain's or first officer's 
seat; uncommanded seat motion could result in reduced 
controllability of the airplane.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Repetitive Tests of Captain and First Officer Seat Assembly 
Operation

    Within 1,000 flight hours after the effective date of this AD, 
test the operation of the captain and first officer seat assemblies 
and do all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB250054-00, Issue 001, dated December 19, 2014. Do all 
applicable corrective actions before further flight. Repeat the 
operational test thereafter at intervals not to exceed 1,000 flight 
hours until the installation required by paragraph (h) of this AD is 
done.

 (h) New Seat Installation

    Within 72 months after the effective date of this AD, do the 
actions specified in paragraphs (h)(1) and (h)(2) of this AD. 
Installing the seat specified in paragraph (h)(1) or (h)(2) of this 
AD, as applicable, is terminating action for the repetitive 
operational tests required by paragraph (g) of this AD for that seat 
only.
    (1) Install a new captain seat assembly, in accordance with 
paragraph 2.F., ``Part 3: Terminating Action: Captain Seat Assembly 
Replacement,'' of the Accomplishment Instructions of Boeing Alert 
Service Bulletin B787-81205-SB250054-00, Issue 001, dated December 
19, 2014.
    (2) Install a new first officer seat assembly, in accordance 
with paragraph 2.I., ``Part 6: Terminating Action: First Officer 
Seat Assembly Replacement,'' of the Accomplishment Instructions of 
Boeing Alert Service Bulletin B787-81205-SB250054-00, Issue 001, 
dated December 19, 2014.

 (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (j) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e4ddc9a5aaa9c9b7818590908881c9a5a7abc9a5a9aba7c9b681959181979097a4828585ca838b92"><span class="__cf_email__" data-cfemail="eed7c3afa0a3c3bd8b8f9a9a828bc3afada1c3afa3a1adc3bc8b9f9b8b9d9a9dae888f8fc0898198">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane and the approval must 
specifically refer to this AD.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of

[[Page 65860]]

paragraphs (i)(4)(i) and (i)(4)(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. 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.

 (j) Related Information

    For more information about this AD, contact Brandon Lucero, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 
Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6572; fax: 
425-917-6590; email: <a href="/cdn-cgi/l/email-protection#286a5a49464c474606645d4b4d5a47684e4949064f475e"><span class="__cf_email__" data-cfemail="612313000f050e0f4f2d140204130e210700004f060e17">[email&#160;protected]</span></a>.

(k) 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 Alert Service Bulletin B787-81205-SB250054-00, Issue 
001, dated December 19, 2014.
    (ii) Reserved.
    (3) For The Boeing Company service information identified in 
this AD, contact Boeing Commercial Airplanes, Attention: Data & 
Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-
2207; telephone: 206-544-5000, extension 1; fax: 206-766-5680; 
Internet: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.


    Issued in Renton, Washington, on September 6, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-22187 Filed 9-23-16; 8:45 am]
 BILLING CODE 4910-13-P