[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Rules and Regulations]
[Pages 19421-19423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07968]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Rules
and Regulations
[[Page 19421]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2427; Project Identifier AD-2024-00484-T;
Amendment 39-23032; AD 2025-09-11]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), DC 9-87 (MD-87), and MD-88 airplanes, and Model DC-9-10, DC-9-20,
DC-9-30, DC-9-40, and DC-9-50 series airplanes. This AD was prompted by
the discovery of jammed elevators during takeoff. This AD requires
revising the ``Certificate Limitations'' section of the existing
airplane flight manual (AFM) to include a procedure to confirm elevator
surfaces are not jammed in the trailing edge down (TED) position. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective June 12, 2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2427; 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.
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-2024-2427.
FOR FURTHER INFORMATION CONTACT: Katherine Venegas, Aviation Safety
Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone:
562-627-5353; email: [email protected].
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 all The Boeing Company
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-
87), and MD-88 airplanes, and Model DC-9-10, DC-9-20, DC-9-30, DC-9-40,
and DC-9-50 series airplanes. The NPRM published in the Federal
Register on November 22, 2024 (89 FR 92610). The NPRM was prompted by
the discovery of jammed elevators during takeoff. In the NPRM, the FAA
proposed to require revising the ``Certificate Limitations'' section of
the existing AFM to include a procedure to confirm elevator surfaces
are not jammed in the TED position. The FAA is issuing this AD to
address jammed elevators, which if not addressed, could result in the
inability of the airplane to rotate at rotation speed VR,
and lead to a rejected takeoff and high-speed runway excursion.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from The Boeing Company and an individual
commenter. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request for Revision of Unsafe Condition
Boeing requested that the FAA revise the Background paragraph and
paragraph (e) of the proposed AD to state that unsafe condition could
result in the inability of the aircraft to rotate at VR, and
lead to a high-speed runway excursion during a rejected takeoff. Boeing
requested this to clarify that the unsafe condition first affects
aircraft pitch control which can then result in a rejected takeoff
being executed beyond V1 (the speed beyond which takeoff
should not be aborted), leading to high-speed runway overrun.
The FAA agrees with this request and has updated the Background
paragraph and paragraph (e) of this AD to clarify that the unsafe
condition could result in the inability of the airplane to rotate at
rotation speed VR, and lead to a rejected takeoff and high-
speed runway excursion.
Request for Expanded Preflight Protocols
The individual commenter stated that in addition to the AFM
revision, the FAA should mandate enhanced preflight inspection
procedures and that a checklist for ground crews and pilots should
include not only confirmation of elevator functionality, but also
additional safeguards to detect anomalies caused by external
environmental factors, such as high winds during parking. The commenter
stated this multi-layered approach will improve the likelihood of
identifying potential issues before takeoff.
The FAA agrees that a multi-layered approach is helpful and offers
the following clarification. Preflight protocols have already been
expanded and include enhanced preflight inspection procedures. The
Boeing Flight Crew Operation Manuals (FCOMs), Operations Bulletins
(OBs), and Airplane Maintenance Manuals (AMMs), have already been
updated to include requirements to confirm prior to every flight that
elevator surfaces are not jammed in the trailing edge down position, as
well as procedures for making that confirmation. These updates were
communicated to operators via a Boeing Service Letter. Therefore, it is
not necessary to require these actions in this AD. The FAA has not
changed this AD as a result of this comment.
Request for Implementation of Immediate Training
The individual commenter stated pilots, ground crews, and
maintenance personnel should receive mandatory training on the updated
AFM procedures and the root cause of elevator jamming. The commenter
stated clear communication of the risks and the steps to mitigate them
will ensure consistent application across
[[Page 19422]]
operators, and simulation-based training, which replicates scenarios
involving elevator jamming, can prepare crews for real-world
challenges.
Although the FAA agrees with the comment, no additional change to
the AD is necessary. Section 91.9 prohibits any person from operating a
civil aircraft without complying with the operating limitations
specified in the AFM. FAA regulations also require operators to furnish
pilots with any changes to the AFM (14 CFR 121.137) and pilots in
command to be familiar with the AFM (14 CFR 91.505). Training is a
secondary step that can be accomplished by the various operators
through their maintenance and operational programs.
Request for Increased Oversight and Reporting
The individual commenter stated that the FAA should establish a
robust monitoring system to evaluate compliance with the revised AFM
procedures including requiring operators to submit regular reports on
their implementation of the AD and any incidents involving elevator
control anomalies. The commenter stated any incidents involving
elevator control anomalies would provide valuable data to inform future
safety measures.
The FAA agrees to clarify. The FAA has determined that reporting
implementation of the AD is not required because the actions required
by this AD adequately address the identified unsafe condition.
Operators are already required to report incidents involving the flight
control system to the National Transportation Safety Board (NTSB) as
specified in 49 CFR 830.5 and the FAA Aeronautical Information Manual,
dated February 20, 2025. Additionally, 14 CFR 39.7 specifies that once
an AD is issued, no person may operate a product to which the AD
applies except in accordance with the requirements of that AD.
Request for Monitoring and Periodic Updates of Design Changes
The individual commenter stated that Boeing's ongoing efforts to
develop a design change to address elevator jamming must be closely
monitored and that periodic updates should be shared publicly. The
commenter stated that transparency will build confidence among
passengers, operators, and other stakeholders while ensuring
accountability for delivering a permanent solution.
The FAA agrees to clarify. As part of continued operational safety,
the FAA is monitoring Boeing's developing design change. The design is
proprietary to Boeing and cannot be shared to the public by the FAA.
The FAA has not changed this AD as a result of this comment.
Request for Expedited Research and Deployment
The individual commenter supported the NPRM, but added that the FAA
should work with Boeing to fast-track the development and certification
of a design change. The commenter stated that while necessary, interim
measures like the proposed AFM revision should not substitute for long-
term corrective action and that a permanent fix will eliminate the risk
of human error during preflight checks and enhance overall safety.
The FAA agrees to clarify. As part of continued operational safety,
the FAA is monitoring Boeing's developing design change, including
receiving periodic updates in a timely manner. As stated in the
proposed rule, the FAA is issuing this AD to address the unsafe
condition and considers this AD interim action, and if final action is
later identified, the FAA might consider further rulemaking. However,
in the interim, the FAA has determined that the AFM revision required
by this AD adequately addresses the unsafe condition. Therefore, fast-
tracking the development and certification of a design change is not
needed.
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.
Interim Action
The FAA considers this AD to be an interim action. Boeing is
developing a design change to address the unsafe condition. If final
action is later identified, the FAA might consider further rulemaking.
Costs of Compliance
The FAA estimates that this AD affects 104 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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AFM revision.......................... 1 work-hour x $85 per $0 $85 $8,840
hour = $85.
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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,
(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
[[Page 19423]]
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
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:
2025-09-11 The Boeing Company: Amendment 39-23032; Docket No. FAA-
2024-2427; Project Identifier AD-2024-00484-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 12, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company airplanes identified
in paragraphs (c)(1) through (7) of this AD, certificated in any
category.
(1) Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and
DC-9-87 (MD-87) airplanes.
(2) Model MD-88 airplanes.
(3) Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-
15F airplanes.
(4) Model DC-9-21 airplanes.
(5) Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F,
DC-9-34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes.
(6) Model DC-9-41 airplanes.
(7) Model DC-9-51 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by the discovery of jammed elevators during
takeoff. The FAA is issuing this AD to address the unsafe condition,
which if not addressed, could result in the inability of the
aircraft to rotate at rotation speed VR, and lead to a
rejected takeoff and high-speed runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Existing AFM
Within 3 months after the effective date of this AD, revise the
``Certificate Limitations'' section of the existing airplane flight
manual (AFM) to include the information specified in figure 1 to
paragraph (g) of this AD. This may be done by inserting a copy of
figure 1 to paragraph (g) of this AD into the AFM.
Figure 1 to Paragraph (g)--Elevator Surfaces Procedure
[GRAPHIC] [TIFF OMITTED] TR08MY25.000
(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: [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.
(i) Related Information
For more information about this AD, contact Katherine Venegas,
Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood,
CA 90712; phone: 562-627-5353; email: [email protected].
(j) Material Incorporated by Reference
None.
Issued on April 30, 2025.
Victor Wicklund,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-07968 Filed 5-7-25; 8:45 am]
BILLING CODE 4910-13-P