[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Proposed Rules]
[Pages 73014-73020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20159]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2137; Project Identifier AD-2023-00297-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) 
2019-22-02, which applies to all The Boeing Company Model 747-200B, 
747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747-8F, and 
747-8 series airplanes. AD 2019-22-02 was prompted by reports of 
uncommanded fore and aft movement of the Captain's and First Officer's 
seats. AD 2019-22-02 requires identifying the part number, and the 
serial number if applicable, of the Captain's and First Officer's 
seats, and applicable on-condition actions for affected seats. AD 2019-
22-02 also requires a one-time detailed inspection and repetitive 
checks of the horizontal movement system (HMS) of the Captain's and 
First Officer's seats, and applicable on-condition actions. AD 2019-22-
02 also provides an optional terminating action for the repetitive 
actions for certain seats. Since the FAA issued AD 2019-22-02, the FAA 
has determined that additional seats are affected by the unsafe 
condition. This proposed AD would retain the actions required by AD 
2019-22-02 and adds an inspection of 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 October 24, 
2024.

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-2024-2137; 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:
    <bullet> For Boeing material identified in this proposed AD, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Boulevard, MC 110-SK57, Seal Beach, 
CA 90740-5600; phone 562-797-1717; website myboeingfleet.com.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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 by 
searching for and locating Docket No. FAA-2024-2137.

FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone 
206-231-3986; email <a href="/cdn-cgi/l/email-protection#80c3eff5f2f4eee5f9aecbaed4f5e3ebc0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="dc9fb3a9aea8b2b9a5f297f288a9bfb79cbabdbdf2bbb3aa">[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-2024-2137; Project Identifier 
AD-2023-00297-T'' at the beginning of your comments. The most helpful 
comments

[[Page 73015]]

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 this 
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 NPRM.

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 Street, 
Des Moines, WA 98198; phone 206-231-3986; email 
<a href="/cdn-cgi/l/email-protection#5c1f33292e2832392572177208293f371c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="d497bba1a6a0bab1adfa9ffa80a1b7bf94b2b5b5fab3bba2">[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 2019-22-02, Amendment 39-19781 (84 FR 67854, 
December 12, 2019) (AD 2019-22-02), for all The Boeing Company Model 
747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 
747-8F, and 747-8 series airplanes. AD 2019-22-02 was prompted by 
reports of uncommanded fore and aft movement of the Captain's and First 
Officer's seats. AD 2019-22-02 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. AD 2019-22-02 
also requires a one-time detailed inspection and repetitive checks of 
the HMS of the Captain's and First Officer's seats, and applicable on-
condition actions. AD 2019-22-02 also provides an optional terminating 
action for the repetitive checks of the HMS for certain airplanes. The 
FAA issued AD 2019-22-02 to address uncommanded fore and aft movement 
of the Captain's and First Officer's seats. An uncommanded fore or 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 2019-22-02 Was Issued

    Since the FAA issued AD 2019-22-02, Boeing and the seat supplier 
(Ipeco) determined that certain seat part numbers were inadvertently 
omitted from the service information required by AD 2019-22-02. Ipeco 
subsequently updated their service information to include the 
additional part numbers, and Boeing updated their service information 
as well. Based on this, the FAA has determined that additional seats 
are affected by the unsafe condition.

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.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Boeing Special Attention Service Bulletin 747-25-
3644, Revision 2, dated January 27, 2023. The material describes 
procedures for identification of the part number, and the serial number 
if applicable, of the Captain's and First Officer's seats, and 
applicable on-condition actions. On-condition actions include an 
inspection of each seat's fore and aft and vertical manual control 
levers for looseness, installation of serviceable seats, and a seat 
operational test after any cable adjustment. This material also adds 
Ipeco seat part numbers 3A258-0041-01-1Z and 3A258-0042-01-1Z.
    The FAA also reviewed Boeing Special Attention Service Bulletin 
747-25-3653, Revision 2, dated January 27, 2023. This material 
describes procedures for a detailed inspection and repetitive checks of 
the HMS (including for any Artus part and amendment numbers of the 
horizontal actuator of the HMS) 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 HMS, and replacing the 
horizontal actuator. This material also describes procedures for an 
optional terminating action for the repetitive checks by installing a 
serviceable Captain's or First Officer's seat.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES section.

Proposed AD Requirements in This NPRM

    Although this proposed AD does not explicitly restate the 
requirements of AD 2019-22-02, this proposed AD would retain all of the 
requirements of AD 2019-22-02. 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 require accomplishing the actions specified 
in the service information already described, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. For information on the procedures and compliance times, 
see this service information at regulations.gov under Docket No. FAA-
2024-2137.

Acceptable Methods of Compliance

    The FAA has determined that the actions required by paragraphs (g) 
and (h) of this AD are not required under specific conditions, e.g., if 
it can be shown through maintenance records that the required actions 
have already been accomplished by the previous revision of the service 
information and specific conditions have been met. Paragraph (j) of 
this AD identifies these conditions. Complying with these conditions 
adequately addresses the unsafe condition identified in this proposed 
AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 162 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 73016]]



                                  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................  $27,540.
 actions from AD 2019[dash]22-02).  per hour = $85.
Detailed inspection, HMS           1 work-hour x $85                 0  $85................  $27,540.
 (retained actions from AD          per hour = $85.
 2019[dash]22-02).
Checks, HMS (retained actions      2 work-hours x $85                0  $170 per check       $55,080 per check
 from AD 2019-22-02).               per hour = $170                      cycle.               cycle.
                                    per check cycle.
Identification, seat (new          1 work-hour x $85                 0  $85................  Up to $117,980.
 proposed actions).                 per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that will 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 *
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Adjustment, control lever cable......  1 work-hour x $85 per    $0.....................  $85.
                                        hour = $85.
Overhaul, HMS........................  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 per seat.
 and vertical manual control levers.    hour = $85 per seat.
Installation of serviceable seats....  1 work-hour x $85 per    $0.....................  $85 per seat.
                                        hour = $85 per seat.
Clearing FOD.........................  1 work-hour x $85 per    $0.....................  $85 per seat.
                                        hour = $85 per seat.
Replacement of the horizontal          1 work-hour x $85 per    $7,937 per actuator....  $8,022 per actuator.
 actuator.                              hour = $85 per
                                        actuator.
Operational test, adjusted control     1 work-hour x $85 per    $0.....................  $85 per seat.
 lever cable.                           hour = $85 per seat.
----------------------------------------------------------------------------------------------------------------
* 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 received no definitive data that would enable the FAA 
to provide cost estimates for the optional terminating action for the 
repetitive checks specified in this proposed AD.

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 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (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 2019-22-02, Amendment 39-19781 (84 
FR 67854, December 12, 2019), and
0
b. Adding the following new Airworthiness Directive:

The Boeing Company: Docket No. FAA-2024-2137; Project Identifier AD-
2023-00297-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 24, 2024.

(b) Affected ADs

    This AD replaces AD 2019-22-02, Amendment 39-19781 (84 FR 67854, 
December 12, 2019) (AD 2019-22-02).

(c) Applicability

    This AD applies to all The Boeing Company Model 747-200B, 747-
200C, 747-

[[Page 73017]]

200F, 747-300, 747-400, 747-400D, 747-400F, 747-8F, and 747-8 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 and aft 
movement of the Captain's and First Officer's seats. The FAA is 
issuing this AD to address uncommanded fore and aft movement of the 
Captain's and First Officer's seats. The unsafe condition, if not 
addressed, could result in an uncommanded fore or aft seat movement 
during a critical part of a flight, such as takeoff or landing, and 
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 by paragraphs (i) and (j) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Special Attention Service Bulletin 747-25-3644, 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 all applicable on-condition actions identified in, and in 
accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 747-25-3644, 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 by paragraph (i) and (j) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Special Attention Bulletin 747-25-3653, 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 Bulletin 747-25-3653, 
Revision 2, dated January 27, 2023. Actions identified as 
terminating action in Boeing Special Attention Service Bulletin 747-
25-3653, 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 747-25-3653, Revision 2, 
dated January 27, 2023.

(i) Exceptions to Service Information Specifications

    (1) Where the ``Compliance'' paragraph of Boeing Special 
Attention Bulletin 747-25-3653, Revision 2, dated January 27, 2023, 
refers to the original issue date of this bulletin, this AD requires 
using January 16, 2020 (the effective date of AD 2019-22-02).
    (2) Where the ``Compliance'' paragraph of Boeing Special 
Attention Bulletin 747-25-3644, Revision 2, dated January 27, 2023, 
refers to 72 months after the original issue date of this service 
bulletin, this AD requires using 36 months after January 16, 2020 
(the effective date of AD 2019-22-02).
    (3) Where the ``Compliance'' paragraph of Boeing Special 
Attention Bulletin 747-25-3644, Revision 2, dated January 27, 2023, 
refers to the Revision 2 date of this service bulletin, this AD 
requires using the effective date of the AD.

(j) Acceptable Conditions for Compliance

    If the airplane records show that an Ipeco Captain's or First 
Officer's seat meets all criteria specified in any row in figure 1 
to paragraph (j) of this AD, the actions specified in paragraphs (g) 
and (h) of this AD are not required for that seat.

Figure 1 to Paragraph (j)--Alternative Acceptable Seats

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(k) 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 (m) 
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ffbeb2b0bcbf999e9ed1989089"><span class="__cf_email__" data-cfemail="ffbeb2b0bcbf999e9ed1989089">[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.

[[Page 73020]]

    (4) AMOCs approved for AD 2019-22-02 are approved as AMOCs for 
the corresponding provisions of Boeing Special Attention Service 
Bulletin 747-25-3644, Revision 2, dated January 27, 2023, and Boeing 
Special Attention Service Bulletin 747-25-3653, Revision 2, dated 
January 27, 2023, that are required by paragraphs (g) and (h) of 
this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(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.

(l) Related Information

    For more information about this AD, contact Courtney Tuck, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone 206-231-3986; email <a href="/cdn-cgi/l/email-protection#afecc0dadddbc1cad681e481fbdaccc4efc9cece81c8c0d9"><span class="__cf_email__" data-cfemail="9eddf1ebeceaf0fbe7b0d5b0caebfdf5def8ffffb0f9f1e8">[email protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 747-25-3644, 
Revision 2, dated January 27, 2023.
    (ii) Boeing Special Attention Service Bulletin 747-25-3653, 
Revision 2, dated January 27, 2023.
    (3) For Boeing material identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Boulevard, MC 110-SK57, Seal Beach, CA 90740-5600; 
phone 562-797-1717; website myboeingfleet.com.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 <a href="/cdn-cgi/l/email-protection#8bedf9a5e2e5f8fbeee8ffe2e4e5cbe5eaf9eaa5ece4fd"><span class="__cf_email__" data-cfemail="e78195c98e8994978284938e8889a789869586c9808891">[email protected]</span></a>.

    Issued on August 26, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-20159 Filed 9-6-24; 8:45 am]
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