AD 2019-01-08

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4318-4320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-02159]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0581; Product Identifier 2018-NM-029-AD; Amendment 
39-19547; AD 2019-01-08]
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 777-200, -200LR, -300, and -300ER series 
airplanes. This AD was prompted by a report that showed a non-
compliance exists on some in-service galley attendant seat fitting 
installations. The non-compliance could result in flight attendant 
seats failing in a high-G crash. This AD requires modifications for 
galley mounted seat fittings. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective March 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 22, 
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-
0581.

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-
0581; 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: Allison Buss, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3564; email: <a href="/cdn-cgi/l/email-protection#6a2b06060319050444281f19192a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="09486565607a6667274b7c7a7a496f6868276e667f">[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 777-200, -200LR, -300, and -300ER series airplanes. The NPRM 
published in the Federal Register on July 6, 2018 (83 FR 31509). The 
NPRM was prompted by a report that showed a non-compliance exists on 
some in-service galley attendant seat fitting installations. The NPRM 
proposed to require modifications for galley mounted seat fittings.
    We are issuing this AD to address non-compliant flight attendant 
seats, which could fail in a high-G crash and result in potential 
injury to flight attendants and consequent inability of the flight 
attendants to assist with passenger evacuation in a timely manner.

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

    Boeing indicated its support for the NPRM.

[[Page 4319]]

Request To Exclude Airplanes Without Affected Galleys

    United Airlines recommended adding a statement to explain that if a 
reconfigured airplane's affected galley has been removed or replaced, 
and the associated manuals have been updated, then that airplane would 
not be affected by the AD.
    We do not agree to add the statement. This AD applies to each 
airplane identified in the Effectivity section of Boeing Special 
Attention Service Bulletin 777-25-0649, Revision 1, dated October 6, 
2017. However, for airplanes that have been modified, repaired, or 
altered so that accomplishment of that service information is affected, 
then under the provisions of paragraph (h) of this AD, we will consider 
requests for approval of an alternative method of compliance (AMOC). We 
have not changed this AD in this regard.

Request To Include Updated Service Information

    Gary Chan, a private citizen, requested that the FAA review the 
expected revision of Boeing Special Attention Service Bulletin 777-25-
0649, Revision 1, dated October 6, 2017. The commenter noted that 
Zodiac Aerospace Service Bulletin 1016G-25-34, referenced in that 
Boeing service information, has been revised and it is expected that 
the Boeing service information will be updated accordingly. We infer 
that the commenter is also requesting that the FAA revise the NPRM to 
reference the updated service information.
    We do not agree. We may not refer to any document that does not yet 
exist. In general terms, we are required by Office of the Federal 
Register (OFR) regulations for approval of materials ``incorporated by 
reference,'' as specified in 1 CFR 51.1(f), to either publish the 
service document contents as part of the actual AD language; or submit 
the service document to the OFR for approval as ``referenced'' 
material, in which case we may only refer to such material in the text 
of an AD. The AD may refer to the service document only if the OFR 
approved it for ``incorporation by reference.'' See 1 CFR part 51. We 
do not consider that delaying this action until release of the revised 
Boeing service information is warranted, since sufficient service 
information exists. However, under the provisions of paragraph (h) of 
this AD, we will consider requests for approval to use revised service 
information if sufficient data are submitted to substantiate that the 
change would provide an acceptable level of safety. We have not changed 
the 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 777-25-0649, 
Revision 1, dated October 6, 2017. This service information describes 
procedures for modifications for galley mounted seat fittings. 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 50 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification..........................  7 work-hours x $85 per                $0            $595         $29,750
                                         hour = $595.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all known costs in our cost 
estimate.

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.

[[Page 4320]]

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):

2019-01-08 The Boeing Company: Amendment 39-19547; Docket No. FAA-
2018-0581; Product Identifier 2018-NM-029-AD.

(a) Effective Date

    This AD is effective March 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 777-25-0649, 
Revision 1, dated October 6, 2017.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that showed a non-compliance 
exists on some in-service galley attendant seat fitting 
installations. We are issuing this AD to address non-compliant 
flight attendant seats, which could fail in a high-G crash and 
result in potential injury to flight attendants and consequent 
inability of the flight attendants to assist with passenger 
evacuation in a timely manner.

(f) Compliance

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

(g) Required Actions

    Within 6 years after the effective date of this AD, do all 
applicable actions identified as ``RC'' (required for compliance) 
in, and in accordance with, the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 777-25-0649, Revision 1, 
dated October 6, 2017.

(h) 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 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 (i) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#043d29454a4929576165707068612945474b2945494b47295661757161777077446265652a636b72"><span class="__cf_email__" data-cfemail="370e1a76797a1a64525643435b521a7674781a767a78741a65524642524443447751565619505841">[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 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 (h)(4)(i) and (h)(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 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.

(i) Related Information

    For more information about this AD, contact Allison Buss, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3564; email: <a href="/cdn-cgi/l/email-protection#a8e9c4c4c1dbc7c686eadddbdbe8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="efae8383869c8081c1ad9a9c9caf898e8ec1888099">[email&#160;protected]</span></a>.

(j) 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 777-25-0649, 
Revision 1, dated October 6, 2017.
    (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; 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 January 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-02159 Filed 2-14-19; 8:45 am]
 BILLING CODE 4910-13-P