AD 2018-26-03

[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66612-66615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-27886]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0711; Product Identifier 2018-NM-062-AD; Amendment 
39-19533; AD 2018-26-03]
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 all The 
Boeing Company Model 757-200 series airplanes. This AD was prompted by 
reports of uncommanded movement of the captain's and first officer's 
seats. This AD requires, for the captain's and first officer's seats, 
repetitive horizontal actuator identifications, repetitive checks of 
the horizontal movement system (HMS), a detailed inspection of the HMS, 
as applicable, and applicable on-condition actions. This AD also 
requires a general visual inspection to determine the seat part numbers 
of the captain's and first officer's seats, a cable adjustment check on 
seats with certain seat part numbers, and applicable on-condition 
actions. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective January 31, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 31, 
2019.

ADDRESSES: 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; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this service information at the 
FAA, Transport Standards 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 on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0711.

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-2018-
0711; 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, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) 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.

FOR FURTHER INFORMATION CONTACT: Myra Kuck, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5316; 
fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#b4d9cdc6d59ade9adfc1d7dff4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="d1bca8a3b0ffbbffbaa4b2ba91b7b0b0ffb6bea7">[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 all The Boeing Company 
Model 757-200 series airplanes. The NPRM published in the Federal 
Register on August 16, 2018 (83 FR 40710). The NPRM was prompted by 
reports of uncommanded movement of the captain's and first officer's 
seats. The NPRM proposed to require, for the captain's and first 
officer's seats, repetitive horizontal actuator identifications, 
repetitive checks of the HMS, a detailed inspection of the HMS, as 
applicable, and applicable on-condition actions. The NPRM also proposed 
to require a general visual inspection to determine seat part numbers 
of the captain's and first officer's seats, a cable adjustment check on 
seats with certain seat part numbers, and applicable on-condition 
actions.

Comments

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

Support for the NPRM

    Air Line Pilots Association, International (ALPA) stated its 
support for the NPRM. United Airlines stated that it has no technical 
objections to the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per Supplemental Type Certificate (STC) ST01518SE does not 
affect the accomplishment of the manufacturer's service instructions.
    We agree with APB that STC ST01518SE does not affect the 
accomplishment of the manufacturer's service instructions. Therefore, 
the installation of STC ST01518SE does not affect the ability to 
accomplish the actions required by this AD. We have not changed this AD 
in this regard.

Request To Add Airplane Models to Applicability

    Delta Air Lines (DAL) requested that the FAA consider expanding the 
applicability of the proposed AD to address all affected fleets that 
share the identified unsafe condition, or consider requiring 
effectivity at the manufacturer part number. DAL reasoned that 
expanding the applicability of the proposed AD to include all affected 
airplane models or affected manufacturer part numbers would ease the 
burden on operators by allowing them to forgo commenting on multiple 
proposed fleet ADs and processing separate AD-related service 
information by individual fleet type. DAL pointed out that this would 
greatly assist operators with implementation for operators that share 
the same affected part number among different affected fleets.
    We disagree with the commenter's request. Not all of the service 
information for all affected airplane models is available, and we do 
not agree to delay issuance of this AD until new service information is 
released. Moreover, adding airplanes to the applicability would 
necessitate (under the provisions of the Administrative Procedure Act) 
reissuing the notice,

[[Page 66613]]

reopening the comment period, considering additional comments 
subsequently received, and eventually issuing a final rule. In 
consideration of the urgency of the unsafe condition identified in this 
final rule, we have determined that delay of this final rule is not 
appropriate. However, we might consider further rulemaking on this 
issue. We have not changed this AD in this regard.

Request To Establish Predetermined Interval for Performing Service 
Information

    Air Astana Airlines commented that although its Boeing Model 767 
fleet is not affected by Boeing Special Attention Service Bulletin 757-
25-0308, Revision 1, dated June 7, 2018, Boeing Special Attention 
Service Bulletin 757-25-0309, Revision 1, dated July 2, 2018, or the 
proposed AD, its fleet is affected by similar Boeing Service Bulletin 
767-25-0549. The commenter stated that it would be useful to perform 
this inspection at a predetermined interval.
    We acknowledge Air Astana Airlines' recommendation, and we infer 
that the commenter is asking whether Boeing Service Bulletin 767-25-
0549 will be mandated by an AD. We may consider issuing similar 
rulemaking for other Boeing airplanes using seats in the flight deck 
that have the same actuators identified in this final rule. We have not 
changed this AD in this regard.

Request To Clarify Relationship of Seat Actuators Between Different 
Airplane Models

    Boeing explained that the relationship of seat actuators among the 
Boeing Model 757, 767, and 777 fleet is inaccurate in the 
``Discussion'' section. Boeing points out that the seat actuators are 
the same among the Boeing Model 757, 767, and 777 airplanes, not 
necessarily the seats themselves.
    We agree that the description provided by the commenter is more 
accurate. Since that section of the preamble does not reappear in the 
final rule, however, we have not changed the final rule regarding this 
issue.

Request for Alternative Compliance Method

    DAL requested that paragraph (g) of the proposed AD be revised to 
explicitly allow the seats in the flight compartment to be removed 
prior to performing the requirements of paragraph (g) of the proposed 
AD. We infer from the comment that DAL contends that Boeing Special 
Attention Service Bulletin 757-25-0308, Revision 1, dated June 7, 2018, 
appears to specify that the detailed inspection of the captain's seat 
HMS can be performed only in the flight compartment. DAL pointed out 
that removing the seats and performing the detailed inspection in a 
dedicated shop would increase the level of safety by improving the 
inspection conditions.
    We disagree with the request to revise paragraph (g) of the 
proposed AD. We note that the seat removal step, which is Step 1, Part 
1, of the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 757-25-0308, Revision 1, dated June 7, 2018, is exempt 
from Required for Compliance (RC) steps, meaning that the RC 
requirement does not apply to this step in accordance with the 
provisions of paragraph (j)(4) of this AD. The detailed inspection of 
the captain's seat HMS as specified in Part 1 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-25-0308, 
Revision 1, dated June 7, 2018, may be accomplished either in the 
flight compartment or on a suitable test fixture in a dedicated shop or 
other appropriate location. Additionally, the service information 
referenced within Part 1 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 757-25-0308, Revision 1, dated June 
7, 2018, allows for the detailed inspection to be completed on the 
aircraft or on a test fixture in a dedicated shop or other appropriate 
location, such as the one suggested by DAL. We have not changed this AD 
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule as proposed, except for minor editorial changes. We 
have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 757-25-0308, 
Revision 1, dated June 7, 2018. This service information describes 
procedures for repetitive horizontal actuator identifications, 
repetitive checks of the HMS, a detailed inspection of the HMS, as 
applicable, and applicable on-condition actions. On-condition actions 
include an overhaul of the HMS and checks of the HMS.
    We reviewed Boeing Special Attention Service Bulletin 757-25-0309, 
Revision 1, dated July 2, 2018. This service information describes 
procedures for a general visual inspection to determine the seat part 
numbers on the captain's and first officer's seats, and, for seats with 
certain part numbers, a manual override cable adjustment check of the 
captain's and first officer's seats, and applicable on-condition 
actions. On-condition actions include moving the adjustment nut, 
tightening the lock nut, and readjusting the control lever.
    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 17 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Identification/Check............  Up to 11 work-      Up to $4,820......  Up to $5,755 per    Up to $97,835 per
                                   hours x $85 per                         identification/     identification/
                                   hour = $935 per                         check cycle.        check cycle.
                                   identification/
                                   check cycle.
Inspection......................  Up to 1 work-hour   $0................  Up to $85.........  Up to $1,445.
                                   x $85 per hour =
                                   $85.
----------------------------------------------------------------------------------------------------------------


[[Page 66614]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.
    Certain configurations of captain's and first officer's seats may 
require special tooling to align the seats. Special tooling for one set 
of captain's and first officer's seats will cost $22,000, and a certain 
other set will cost $23,000. If an operator owns both combinations of 
seats, the special tooling will cost up to $45,000 per operator.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

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):

2018-26-03 The Boeing Company: Amendment 39-19533; Docket No. FAA-
2018-0711; Product Identifier 2018-NM-062-AD.

(a) Effective Date

    This AD is effective January 31, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200 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 movement of the 
captain's and first officer's seats. We are issuing this AD to 
address the uncommanded movement of the captain's or first officer's 
seat, which could lead to reduced controllability of the airplane.

(f) Compliance

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

(g) Identification, Check, Inspection, On-Condition Actions (Includes 
Overhaul of Horizontal Movement System), and Repetitive Actions

    For airplanes identified in Boeing Special Attention Service 
Bulletin 757-25-0308, Revision 1, dated June 7, 2018: Except as 
required by paragraph (h) of this AD, at the applicable times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 757-25-0308, Revision 1, dated June 7, 
2018, do all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-25-
0308, Revision 1, dated June 7, 2018.

(h) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of 
this AD: Where Boeing Special Attention Service Bulletin 757-25-
0308, Revision 1, dated June 7, 2018, uses the phrase ``the original 
issue date of this service bulletin,'' this AD requires using ``the 
effective date of this AD.''

(i) Seat Inspection, Adjustment Check for Certain Seats, and On-
Condition Actions

    For airplanes identified in Boeing Special Attention Service 
Bulletin 757-25-0309, Revision 1, dated July 2, 2018: Within 36 
months after the effective date of this AD, do all applicable 
actions identified as RC in, and in accordance with, the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-25-0309, Revision 1, dated July 2, 2018. A review of 
the airplane maintenance records may be used for the seat inspection 
if the part number can be conclusively determined from that review.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 local Flight Standards 
District 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#3b02167a757616777a7a7874167a76747816695e4a4e5e484f487b5d5a5a155c544d"><span class="__cf_email__" data-cfemail="94adb9d5dad9b9d8d5d5d7dbb9d5d9dbd7b9c6f1e5e1f1e7e0e7d4f2f5f5baf3fbe2">[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, Los Angeles 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.
    (4) For service information that contains steps that are labeled 
as RC, the provisions of paragraphs (j)(4)(i) and (j)(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. If a step or substep is

[[Page 66615]]

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

    For more information about this AD, contact Myra Kuck, Aerospace 
Engineer, Cabin Safety and Environmental Systems Section, FAA, Los 
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone: 562-627-5316; fax: 562-627-5210; email: 
<a href="/cdn-cgi/l/email-protection#d7baaea5b6f9bdf9bca2b4bc97b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="4e23373c2f602460253b2d250e282f2f60292138">[email&#160;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 Service Bulletin 757-25-0308, 
Revision 1, dated June 7, 2018.
    (ii) Boeing Special Attention Service Bulletin 757-25-0309, 
Revision 1, dated July 2, 2018.
    (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; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards 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, 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 Des Moines, Washington on December 13, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-27886 Filed 12-26-18; 8:45 am]
BILLING CODE 4910-13-P