[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 [www.gpo.gov]
[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 regulations.gov. 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 regulations.gov 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 myboeingfleet.com.
    <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 
regulations.gov 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"><span class="__cf_email__" data-cfemail="80e3eff5f2f4eee5f9aeebaef4f5e3ebc0e6e1e1aee7eff6">[email protected]</span></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 
regulations.gov, 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"><span class="__cf_email__" data-cfemail="f89b978d8a8c969d81d693d68c8d9b93b89e9999d69f978e">[email protected]</span></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 regulations.gov 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).

(c) Applicability

    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"><span class="__cf_email__" data-cfemail="370e1a76797a1a64525643435b521a7674781a767a78741a65524642524443447751565619505841">[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.
    (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"><span class="__cf_email__" data-cfemail="9ffcf0eaedebf1fae6b1f4b1ebeafcf4dff9fefeb1f8f0e9">[email protected]</span></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 myboeingfleet.com.
    (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"><span class="__cf_email__" data-cfemail="7513075b1c1b06051016011c1a1b351b1407145b121a03">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    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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