[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 [www.gpo.gov]
[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:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 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:
     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: [email protected].
     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 regulations.gov 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: [email protected].

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 
regulations.gov, 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: [email protected]. 
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:
     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.
     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.
     A rocker switch cap pull test for the switch caps (except 
those that have been replaced).
     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.
     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: [email protected].
    (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: [email protected].

(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: 
[email protected].
    (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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    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