Rule2024-18843
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 21, 2024
Effective
August 21, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 report of uncommanded movement of the Captain's seat in the forward direction that caused a rapid descent. This AD requires inspections of affected Captain's and First Officer's seats for missing or cracked rocker switch caps and for cracked or nonfunctional switch cover assemblies, a rocker switch cap pull test, marking of the seats, and applicable on-condition actions. This AD also limits the installation of affected seats. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 162 (Wednesday, August 21, 2024)</title>
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[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Rules and Regulations]
[Pages 67532-67535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18843]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2017; Project Identifier AD-2024-00204-T;
Amendment 39-22820; AD 2024-16-14]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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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 report of uncommanded movement of the
Captain's seat in the forward direction that caused a rapid descent.
This AD requires inspections of affected Captain's and First Officer's
seats for missing or cracked rocker switch caps and for cracked or
nonfunctional switch cover assemblies, a rocker switch cap pull test,
marking of the seats, and applicable on-condition actions. This AD also
limits the installation of affected seats. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD is effective August 21, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of August 21,
2024.
The FAA must receive comments on this AD by October 7, 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 <a href="http://regulations.gov">regulations.gov</a>. 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 <a href="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2024-2017; 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 street address for Docket
Operations is listed above.
Material Incorporated by Reference:
<bullet> For Ipeco material identified in this AD, contact Ipeco
Holdings Limited, Aviation Way, Southend on Sea, SS2 6UN, United
Kingdom; phone: +44 1702 545118; email: <a href="/cdn-cgi/l/email-protection#5b2f3e38333532383a37282e2b2b34292f1b322b3e383475383436"><span class="__cf_email__" data-cfemail="c1b5a4a2a9afa8a2a0adb2b4b1b1aeb3b581a8b1a4a2aeefa2aeac">[email protected]</span></a>.
<bullet> 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. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2017.
FOR FURTHER INFORMATION CONTACT: Brandon Lucero, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3569; email: <a href="/cdn-cgi/l/email-protection#8bc9f9eae5efe4e5a5c7fee8eef9e4cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="3c7e4e5d525853521270495f594e537c5a5d5d125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2024-2017 and Project Identifier AD-
2024-00204-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may
[[Page 67533]]
amend this final rule 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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Brandon
Lucero, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3569; email: <a href="/cdn-cgi/l/email-protection#733101121d171c1d5d3f061016011c331512125d141c05"><span class="__cf_email__" data-cfemail="cb89b9aaa5afa4a5e587bea8aeb9a48badaaaae5aca4bd">[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 has received reports of uncommanded horizontal movement of
the Captain's and First Officer's seats installed in Boeing Model 787
airplanes. The FAA received the first report in March 2024 indicating
that uncommanded movement of the Captain's seat caused the control
column input to disconnect the auto-pilot, resulting in a rapid descent
until the First Officer took control of the flight. This incident
further resulted in multiple passenger injuries, some of which were
serious. Following that incident, the FAA received four additional
reports from Boeing of uncommanded horizontal movement of the Captain's
and First Officer's seats; the most recent occurred in June 2024. Three
of the incidents were due to loose forward/aft rocker switch caps
located under the spring-loaded rocker switch cover guard on the back
of the Captain's and First Officer's seats; the loose forward/aft
rocker switch caps were the result of cracking or un-bonded or de-
bonded caps. The other two incidents are under investigation. A rocker
switch with a dislodged rocker switch cap, if depressed by the rocker
switch cover guard, can cause unintended and sustained movement of the
seat. Uncommanded horizontal movement of an occupied seat can cause in-
flight upset from unintended and abrupt flight control inputs, which
could result in a rapid descent of the airplane and serious injury to
passengers and crew. The FAA is issuing this AD to address the unsafe
condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Ipeco Service Bulletin 380-25-06, Issue 03, dated
July 17, 2024. This material specifies the following procedures:
<bullet> A general visual inspection for cracked or missing rocker
switch caps of the Captain's and First Officer's seats, and replacement
and bonding of any switch that has a cracked or missing switch cap.
<bullet> A general visual inspection for cracks of the switch cover
assemblies and local areas, a functional test of the switch cover, and
replacement of cracked or nonfunctional parts.
<bullet> A rocker switch cap pull test for the switch caps (except
those that have been replaced).
<bullet> Bonding of any unbonded or debonded switch caps (that fail
the pull test) or any replaced rocker switches, including making sure
cracked rocker switches are replaced with switches having bonded caps.
<bullet> Marking of the seats.
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 the ADDRESSES section.
AD Requirements
This AD requires accomplishing the actions specified in the
material already described, except for any differences identified as
exceptions in the regulatory text of this AD. This AD also limits the
installation of affected seats.
Clarification of Required Actions
Where Ipeco Service Bulletin 380-25-06, Issue 03, dated July 17,
2024, specifies bonding the rocker switch cap for an un-bonded cap,
this AD also allows replacing the switch and bonding the switch cap.
Where paragraph 3. of Part A of Ipeco Service Bulletin 380-25-06,
Issue 03, dated July 17, 2024, specifies a rocker switch cap pull test
of all switch caps, this AD does not require the pull test for any
switch that was replaced with a switch having a bonded cap.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because the FAA has received, with increasing frequency since March
2024, reports of uncommanded horizontal movement of the Captain's or
First Officer's seat, when occupied. Uncommanded horizontal seat
movement can cause in-flight upset from unintended and abrupt flight
control inputs, which could result in a rapid descent of the airplane
and serious injury to passengers and crew. Furthermore, the compliance
time in this AD is shorter than the time necessary for the public to
comment and for publication of the final rule. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice
[[Page 67534]]
and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 158 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspections, cap pull test, part 1 work-hour x $85 per $0 $85 $13,430
marking. hour = $85.
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The FAA estimates the following costs to do any on-condition
actions that would be required based on the results of an inspection or
cap pull test. The FAA has no way of determining the number of aircraft
that might need these on-condition actions:
On-Condition Costs
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Action Labor cost Parts cost Cost per seat
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Replacement...................... Up to 3 work-hours x Up to $4,600............... Up to $4,855.
$85 per hour = $255.
Cap bonding...................... Up to 3 work-hours x $37........................ Up to $292.
$85 per hour = $255.
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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
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, and
(2) Will not affect intrastate aviation in Alaska.
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
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:
2024-16-14 The Boeing Company: Amendment 39-22820; Docket No. FAA-
2024-2017; Project Identifier AD-2024-00204-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 21, 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, identified in
paragraphs (c)(1) and (2) of this AD.
(1) Airplanes with a Captain's seat having Ipeco part number P/N
3A380-0007-XX-X or First Officer's seat having Ipeco P/N 3A380-0008-
XX-X.
(2) Airplanes that do not have a seat identified in paragraph
(c)(1) of this AD.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports of uncommanded horizontal
movement of the Captain's and First Officer's seats. The FAA is
issuing this AD to address a dislodged rocker switch cap under the
spring-loaded rocker switch cover guard, which can cause unintended
and sustained movement of the seat. Uncommanded horizontal movement
of a Captain's or First Officer's seat, when occupied, can cause in-
flight upset from unintended and abrupt flight control inputs, which
could result in a rapid descent of the airplane and serious injury
to passengers and crew.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Switch Cap Inspection
For airplanes identified in paragraph (c)(1) of this AD: Within
30 days after the effective date of this AD, do a general visual
inspection for cracked or missing rocker switch caps of the
Captain's and First Officer's seats, in accordance with the
Accomplishment Instructions of Ipeco Service Bulletin 380-25-06,
Issue 03, dated July 17, 2024. For any switch that has a cracked or
missing switch cap, replace the switch and bond the switch cap
within 30 days after the effective date of this AD, in accordance
with the Accomplishment Instructions of Ipeco Service Bulletin 380-
25-06, Issue 03, dated July 17, 2024. Replacement may be delayed
provided the airplane is operated under the provisions of Master
Minimum Equipment List item 25-11-01-0, but no later than 120 days
after the effective date of this AD.
(h) Switch Cover Assembly Inspection
For airplanes identified in paragraph (c)(1) of this AD: Within
30 days after the effective
[[Page 67535]]
date of this AD, perform a general visual inspection for cracks of
the switch cover assemblies and local areas and a functional test of
the switch cover, in accordance with the Accomplishment Instructions
of Ipeco Service Bulletin 380-25-06, Issue 03, dated July 17, 2024.
Replace any cracked or nonfunctional parts within 30 days after the
effective date of this AD, in accordance with the Accomplishment
Instructions of Ipeco Service Bulletin 380-25-06, Issue 03, dated
July 17, 2024. Replacement may be delayed provided the airplane is
operated under the provisions of Master Minimum Equipment List item
25-11-01-0, but no later than 120 days after the effective date of
this AD.
(i) Rocker Switch Cap Pull Test
For airplanes identified in paragraph (c)(1) of this AD: Within
30 days after the effective date of this AD, except as specified in
paragraph (k) of this AD, perform a rocker switch cap pull test of
all switch caps, in accordance with the Accomplishment Instructions
of Ipeco Service Bulletin 380-25-06, Issue 03, dated July 17, 2024.
For any rocker switch cap that is un-bonded or de-bonded (i.e.,
fails the test), bond the rocker switch cap, or replace the switch
and bond the switch cap, within 30 days after the effective date of
this AD, in accordance with the Accomplishment Instructions of Ipeco
Service Bulletin 380-25-06, Issue 03, dated July 17, 2024. The
bonding may be delayed provided the airplane is operated under the
provisions of Master Minimum Equipment List item 25-11-01-0, but no
later than 120 days after the effective date of this AD.
(j) Seat Marking
For airplanes identified in paragraph (c)(1) of this AD: Before
further flight after accomplishment of the applicable actions
required by paragraphs (g) through (i) of this AD, mark the seat in
accordance with the Accomplishment Instructions of Ipeco Service
Bulletin 380-25-06, Issue 03, dated July 17, 2024.
(k) Exceptions to Service Bulletin
(1) Where a note in paragraph 3.a. of Part A of the
Accomplishment Instructions of Ipeco Service Bulletin 380-25-06,
Issue 03, dated July 17, 2024, specifies to visually inspect the
switch guard (3-270 or 3-270A) for cracks or modifications and
``replace in accordance with the CMM,'' this AD requires replacing
that text with ``replace the switch guard before further flight in
accordance with the CMM if any crack or modification is found.''
(2) For any switch that has been replaced with a switch having a
bonded cap as required by paragraph (g) of this AD, the actions
required by paragraph (i) of this AD are not required.
(l) Parts Installation Limitation
At the applicable time specified in paragraph (l)(1) or (2) of
this AD, no person may install, on any airplane, a seat identified
in paragraph (c)(1) of this AD, unless the seat is marked as
specified in paragraph (j) of this AD.
(1) For airplanes in paragraph (c)(1) of this AD: After
accomplishment of all applicable actions required by this AD.
(2) For airplanes identified in paragraph (c)(2) of this AD: As
of the effective date of this AD.
(m) 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 (n)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4c0d01030f0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="692824262a290f0808470e061f">[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.
(n) Related Information
For more information about this AD, contact Brandon Lucero,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3569; email: <a href="/cdn-cgi/l/email-protection#3c7e4e5d525853521270495f594e537c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="296b5b48474d464707655c4a4c5b46694f4848074e465f">[email protected]</span></a>.
(o) 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) Ipeco Service Bulletin 380-25-06, Issue 03, dated July 17,
2024.
(ii) [Reserved]
(3) For Ipeco material identified in this AD, contact Ipeco
Holdings Limited, Aviation Way, Southend on Sea, SS2 6UN, United
Kingdom; phone: +44 1702 545118; fax: +44 1702 540782; email:
<a href="/cdn-cgi/l/email-protection#fa8e9f99929493999b96898f8a8a95888eba938a9f9995d4999597"><span class="__cf_email__" data-cfemail="c9bdacaaa1a7a0aaa8a5babcb9b9a6bbbd89a0b9acaaa6e7aaa6a4">[email protected]</span></a>.
(4) 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.
(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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#e98f9bc780879a998c8a9d808687a987889b88c78e869f"><span class="__cf_email__" data-cfemail="96f0e4b8fff8e5e6f3f5e2fff9f8d6f8f7e4f7b8f1f9e0">[email protected]</span></a>.
Issued on August 2, 2024.
John P. Piccola, Jr.,
Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-18843 Filed 8-19-24; 4:15 pm]
BILLING CODE 4910-13-P
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