246 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

applicable, within 90 days after May 12, 2023 

(the effective date of AD 2023–04–10). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2022–0137 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2022–0137, or 

within 90 days after May 12, 2023 (the 

effective date of AD 2023–04–10), whichever 

occurs later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2022–0137. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2022–0137 

(i) Retained Restrictions on Alternative 

Actions or Intervals, With a New Exception 

This paragraph restates the requirements of 

paragraph (l) of AD 2023–04–10, with a new 

exception. Except as required by paragraph 

(j) of this AD, after the maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) or 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2022–0137. 

(j) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0046, 

dated March 2, 2023 (EASA AD 2023–0046). 

Accomplishing the revision of the existing 

maintenance or inspection program required 

by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0046 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0046. 

(2) Paragraph (3) of EASA AD 2023–0046 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, within 90 days after the effective 

date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0046 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0046, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2023–0046. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0046. 

(l) New Provisions for Alternative Actions 

and Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0046. 

(m) Terminating Action for AD 2010–26–05 

Accomplishing the actions required by 

paragraph (g) or (j) of this AD terminates the 

requirements of paragraph (g)(1) of AD 2010– 

26–05, for Dassault Aviation Model 

MYSTERE–FALCON 900 airplanes only. 

(n) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation 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 International Validation Branch, send 

it to the attention of the person identified in 

paragraph (o) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Dassault 

Aviation’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(o) Additional Information 

For more information about this AD, 

contact Tom Rodriguez, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone: 206– 

231–3226; email tom.rodriguez@faa.gov. 

(p) 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 this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on February 7, 2023. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0046, dated March 2, 2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on May 12, 2023 (88 FR 

20743, April 7, 2023). 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0137, dated July 6, 2022. 

(ii) [Reserved] 

(5) For EASA ADs 2023–0046 and 2022– 

0137, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find these 

EASA ADs on the EASA website at 

ad.easa.europa.eu. 

(6) You may view this material 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 material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations/ or email fr.inspection@

nara.gov. 

Issued on December 14, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28853 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1648; Project 

Identifier AD–2022–01501–T; Amendment 

39–22637; AD 2023–25–10] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 787–8, 

787–9, and 787–10 airplanes. This AD 

was prompted by a reported quality 

escapement where the seat track fitting 

nuts were under-torqued on some flight 

attendant seats in production. This AD 

requires re-torquing each free-standing 

attendant seat track fitting nut. The FAA 

is issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective February 7, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 7, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1648; 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, any comments 

received, and other information. The 

address for Docket Operations 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. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 247 

Material Incorporated by Reference: 

• 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; website 

myboeingfleet.com. 

• 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– 

2023–1648. 

FOR FURTHER INFORMATION CONTACT: 

Tony Koung, Aviation Safety Engineer, 

FAA, 2200 South 216th St., Des Moines, 

WA 98198; phone: 206–231–3985; 

email: Tony.Koung@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA 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, 787–9, and 787–10 

airplanes. The NPRM published in the 

Federal Register on August 22, 2023 (88 

FR 57012). The NPRM was prompted by 

a reported quality escapement where the 

seat track fitting nuts were undertorqued on some flight attendant seats 

in production. In the NPRM, the FAA 

proposed to require re-torquing each 

free-standing attendant seat track fitting 

nut. The FAA is issuing this AD to 

address under-torqued seat track fitting 

nuts. The unsafe condition, if not 

addressed, could result in the forwardfacing flight attendant seats breaking 

free in a high load event, causing injury 

to flight attendants and blocking the 

exits during emergency egress. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from 

Boeing and United Airlines who 

supported the NPRM without change. 

The FAA received additional 

comments from American Airlines 

(AAL). The following presents the 

comments received on the NPRM and 

the FAA’s response to each comment. 

Request To Increase the Work Hours 

AAL requested that the FAA increases 

the work-hour estimate provided in the 

Costs of Compliance section of the 

proposed AD to 3 hours. 

The FAA agrees with the commenter’s 

request. The FAA has revised the Costs 

of Compliance section of this AD 

accordingly. 

Request To Extend the Compliance 

Time to One Year 

AAL requested the compliance time 

for the actions (re-torquing each freestanding attendant seat track fitting nut) 

be revised to one year after the effective 

date of this AD. AAL noted that a oneyear compliance time would provide 

flexibility and allow the task to be 

accomplished during the A-checks 

within the AAL maintenance program. 

AAL also noted it has accomplished 

maintenance review board (MRB) task 

25–146–00 on 85% of its affected 

airplanes with zero reports of findings. 

AAL stated the MRB task specifies to 

verify the seat track fittings are fully 

installed and cannot be moved 

manually and to correctly torque the 

seat track fitting if it is not tight. 

However, AAL acknowledged that MRB 

task 25–146–00 does not require a 

torque check. AAL stated that a one-year 

compliance window is a reasonable 

compliance time and will maintain the 

desired level of safety. 

The FAA does not agree with the 

commenter’s request to revise the 

compliance time from six months to one 

year. The FAA does not base 

compliance intervals on nonspecific 

intervals such as an A-check as those 

intervals are operator specific. Further, 

MRB task 25–146–00 does not check 

any torques of any of the fitting nuts 

that are identified in Boeing Service 

Letter 787–SL–25–025, dated September 

6, 2022, which is the appropriate source 

of service information for accomplishing 

the re-torquing of each free-standing 

attendant seat track fitting nut required 

by this AD. The MRB task only checks 

for looseness of the fitting, which means 

the seat jumped the tracks. For the MRB 

task, if the seat did not move and the 

fitting was in the track, no actual 

checking of the nut torque was 

accomplished; therefore, the seat track 

fitting nut still needs to be re-torqued. 

The FAA has determined that 

accomplishing the re-torquing of each 

free-standing attendant seat track fitting 

nut within 6 months after the effective 

date of this AD is necessary to address 

the identified unsafe condition. 

Therefore, the FAA has not changed this 

AD in this regard. 

Conclusion 

The FAA reviewed the relevant data, 

considered any comments received, and 

determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. Except for minor editorial 

changes, and any other changes 

described previously, this AD is 

adopted as proposed in the NPRM. 

None of the changes will increase the 

economic burden on any operator. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Boeing Service 

Letter 787–SL–25–025, dated September 

6, 2022. This service information 

specifies procedures for re-torquing 

each free-standing attendant seat track 

fitting nut to 140–150 in-lbs. 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 ADDRESSES. 

Costs of Compliance 

The FAA estimates that this AD 

affects 134 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Re-Torque seat track fitting nuts.Up to 3 work-hours × $85 per hour = Up to 

$255.

$0 Up to $255 ................... Up to $34,170. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

the costs of this 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 


ddrumheller on DSK120RN23PROD with RULES1
248 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

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 

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) Will not affect intrastate aviation 

in Alaska, and 

(3) 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–25–10 The Boeing Company: 

Amendment 39–22637; Docket No. 

FAA–2023–1648; Project Identifier AD– 

2022–01501–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 7, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 787–8, 787–9, and 787–10 airplanes, 

certificated in any category, as identified in 

Boeing Service Letter 787–SL–25–025, dated 

September 6, 2022. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/furnishings. 

(e) Unsafe Condition 

This AD was prompted by a reported 

quality escapement where the seat track 

fitting nuts were under-torqued on some 

flight attendant seats in production. The FAA 

is issuing this AD to address under-torqued 

seat track fitting nuts. The unsafe condition, 

if not addressed, could result in the forwardfacing flight attendant seats breaking free in 

a high load event, causing injury to flight 

attendants, and blocking the exits during 

emergency egress. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Re-torque Seat Track Fitting Nuts 

Within 6 months after the effective date of 

this AD, re-torque each free-standing 

attendant seat track fitting nut in accordance 

with Steps 2., 3., and 4. of ‘‘Suggested 

Operator Action’’ of Boeing Service Letter 

787–SL–25–025, dated September 6, 2022. 

(h) 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 (i) of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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. 

(i) Related Information 

For more information about this AD, 

contact Tony Koung, Aviation Safety 

Engineer, FAA, 2200 South 216th St., Des 

Moines, WA 98198; phone: 206–231–3985; 

email: Tony.Koung@faa.gov. 

(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 Service Letter 787–SL–25–025, 

dated September 6, 2022. 

(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; website 

myboeingfleet.com. 

(4) 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. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on December 14, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28855 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1999; Project 

Identifier MCAI–2023–00697–T; Amendment 

39–22638; AD 2023–25–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Defense and Space S.A. (Formerly 

Known as Construcciones 

Aeronauticas, S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2021–02– 

18, which applied to all Airbus Defense 

and Space S.A. Model CN–235, CN– 

235–100, CN–235–200, and CN–235– 

300 airplanes and Model C–295 

airplanes. AD 2021–02–18 required 


ddrumheller on DSK120RN23PROD with RULES1