[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Rules and Regulations]
[Pages 8879-8885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02146]
[[Page 8879]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2136; Project Identifier AD-2023-00296-T;
Amendment 39-22930; AD 2025-01-06]
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 superseding Airworthiness Directive (AD) 2019-14-
13, which applies to all The Boeing Company Model 767-200, -300, -300F,
and -400ER series airplanes. AD 2019-14-13 required identifying the
part number, and the serial number if applicable, of the Captain's and
First Officer's seats, and performing applicable on-condition actions
for affected seats. AD 2019-14-13 also required 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 2019-14-13 also provided an optional terminating
action for the repetitive actions for certain seats. This AD was
prompted by reports of uncommanded fore and aft movement of the
Captain's and First Officer's seats. This AD retains the actions in AD
2019-14-13 and adds an inspection of previously omitted part numbers.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective March 11, 2025.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 11,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2136; 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.
Material Incorporated by Reference:
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.
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-2024-2136.
FOR FURTHER INFORMATION CONTACT: Courtney Tuck, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone
206-231-3986; email Courtney.K.Tuck@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-14-13, Amendment 39-19691 (84 FR
38855, August 8, 2019) (AD 2019-14-13). AD 2019-14-13 applied to all
The Boeing Company Model 767-200, -300, -300F, and -400ER series
airplanes. The NPRM published in the Federal Register on September 9,
2024 (89 FR 73003). The NPRM was prompted by reports of uncommanded
fore and aft movement of the Captain's and First Officer's seats. In
the NPRM, the FAA proposed to continue to require the actions in AD
2019-14-13 and add an inspection of previously omitted part numbers.
The FAA is issuing this AD 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International, Boeing, United Airlines, United Parcel Service Co., and
three individuals, who supported the NPRM without change.
The FAA received additional comments from Aviation Partners Boeing,
Delta Airlines, and an individual. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request for Phased Compliance Period for Smaller Carriers
A individual commenter requested that the FAA provide a phased
compliance period for smaller carriers and operators to allow them to
plan inspections, repairs, and parts replacement without causing
significant operational disruptions, especially for smaller fleets that
may lack immediate access to specialized parts and labor.
The FAA disagrees to provide a phased compliance period for smaller
carriers. The compliance time set is standard across the entire
affected fleet to ensure an adequate level of safety and is not
dependent on the fleet size of each operator. The FAA has not changed
this AD as a result of this comment.
Request To Enhance Acceptable Methods of Compliance
An individual commenter requested for the FAA to enhance the
clarity of acceptable methods of compliance for operators using
alternative maintenance programs. The commenter would like more
concrete examples of compliance pathways, such as best practices for
tracking seat conditions and recurring HMS inspections, to foster
consistency across operators. The commenter added that it would also be
helpful to publish detailed service guidelines on aligning seat part
replacements with standard maintenance cycles to prevent unnecessary
downtime.
The FAA disagrees. Best practices and service guidelines to resolve
the unsafe condition identified in an AD are typically provided by
service information generated by the design approval holder. Operators
may request approval of alternative methods of compliance with the
requirements of an AD provided the alternative methods address the
unsafe condition and provide an adequate level of safety. Guidance on
requirements and best practices can be found in FAA Orders and Manuals.
The FAA has not changed this AD as a result of this comment.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST01920SE does not affect
compliance with the proposed actions.
The FAA agrees with the commenter that STC ST01920SE does not
affect the accomplishment of the manufacturer's service instructions,
as noted in paragraph (c)(2) of the proposed AD. Therefore, the
installation of STC ST01920SE does not affect the ability to
[[Page 8880]]
accomplish the actions required by this AD. The FAA has not changed
this AD in this regard.
Request To Revise Applicability
The applicability in paragraph (c)(1) of the proposed AD included
all Model 767-200, -300, -300F, and -400ER series airplanes. Delta
Airlines noted that Boeing Special Attention Service Bulletins 767-25-
0539 and 767-25-0549, both Revision 2, dated January 27, 2023, refer
only to Ipeco Captain's and First Officer's seats. Delta requested a
revision to the applicability of the proposed AD to be more specific by
limiting the applicability to those airplanes equipped with powered
Ipeco Captain's and First Officer's seat part number series 3A090 and
3A258 as specified in the ``Compliance,'' paragraph of Boeing Special
Attention Service Bulletin 767-25-0539, Revision 2, dated January 27,
2023.
The FAA disagrees to revise paragraph (c) as suggested by Delta
Airlines. All airplanes are included because it is required per
paragraph (g) to inspect the part number, and serial number as
applicable, of the Captain's and First Officer's seats to determine if
the on-condition actions are applicable. The FAA has not changed this
AD as a result of this comment.
Change to Proposed AD
In the proposed AD, the first two column headings in figure 1 to
paragraph (j) were ``Installation per Boeing Special Attention Service
Bulletin'' and ``And installation per IPECO Service Bulletin.'' Since
these documents are provided for guidance to the operators on how to
comply with a safety issue, those column headings have been changed in
this AD to ``Actions done in accordance with Boeing Special Attention
Service Bulletin'' and ``Actions done in accordance with Ipeco Service
Bulletin,'' respectively.
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.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Boeing Special Attention Service Bulletin 767-25-
0539, Revision 2, dated January 27, 2023. This material specifies
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 3A258-0007-01-1Z, 3A258-0008-01-1Z, 3A258-0041-
01-1Z, 3A258-0042-01-1Z, and 3A090-0078-04-1. This material also adds
Ipeco seat part numbers 3A090-0078-03-1 and 3A090-0078-05-1, that were
previously removed in Boeing Special Attention Service Bulletin 767-25-
0539, Revision 1, dated January 9, 2014.
The FAA also reviewed Boeing Special Attention Service Bulletin
767-25-0549, Revision 2, dated January 27, 2023. This material
specifies 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. The material also describes procedures for an
optional terminating action for the repetitive checks by installing a
serviceable Captain's or First Officer's seat. The service information
adds Ipeco seat part number 3A090-0078-03-1, 3A090-0078-04-1, and
3A090-0078-05-1.
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.
Costs of Compliance
The FAA estimates that this AD affects 694 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions per Seat
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Parts Cost on U.S.
Action Labor cost cost Cost per product operators
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Identification, seat (retained 1 work-hour x $85 per $0 $85.................. $117,980.
actions from AD 2019-14-13). hour = $85.
Detailed inspection, HMS (retained 1 work-hour x $85 per 0 $85.................. Up to $117,980.
actions from AD 2019-14-13). hour = $85.
Checks, HMS (retained from AD 2019- 2 work-hours x $85 0 $170, per check cycle Up to $235,960, per
14-13). per hour = $170, per check cycle.
check cycle.
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The FAA estimates the following costs to do any 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 *
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Action Labor cost Parts cost Cost per product
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Adjustment, control lever cable. 1 work-hour x $85 $0.......................... $85.
per hour = $85.
Overhaul, HMS................... 11 work-hours x $85 Up to $5,824................ Up to $6,759.
per hour = $935.
Inspection of each seat's fore/ 1 work-hour x $85 $0.......................... $85 per seat.
aft and vertical manual control per hour = $85 per
levers. seat.
Installation of serviceable 1 work-hour x $85 $0.......................... $85 per seat.
seats. per hour = $85 per
seat.
[[Page 8881]]
Clearing FOD.................... 1 work-hour x $85 $0.......................... $85 per seat.
per hour = $85 per
seat.
Replacement of the horizontal 1 work-hour x $85 $7,937 per actuator......... $8,022 per actuator.
actuator. per hour = $85 per
actuator.
Operational test, adjusted 1 work-hour x $85 $0.......................... $85 per seat.
control lever cable. per hour = $85 per
seat.
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* 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 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
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
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 (AD) 2019-14-13, Amendment 39-19691
(84 FR 38855, August 8, 2019); and
0
b. Adding the following new AD:
2025-01-06 The Boeing Company: Amendment 39-22930; Docket No. FAA-
2024-2136; Project Identifier AD-2023-00296-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 11, 2025.
(b) Affected ADs
This AD replaces AD 2019-14-13, Amendment 39-19691 (84 FR 38855,
August 8, 2019) (AD 2019-14-13).
(c) Applicability
(1) This AD applies to all The Boeing Company Model 767-200, -
300, -300F, and -400ER series airplanes, certificated in any
category.
(2) Installation of Supplemental Type Certificate (STC)
ST01920SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01920SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(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 in paragraphs (i) and (j) of this AD: At the
applicable time specified in the ``Compliance,'' paragraph of Boeing
Special Attention Service Bulletin 767-25-0539, 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, in accordance with
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 767-25-0539, 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 paragraphs (i) and (j) of this AD: At the
applicable times specified in the ``Compliance,'' paragraph of
Boeing Special Attention Bulletin 767-25-0549, 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
767-25-0549, Revision 2, dated January 27, 2023. Actions identified
as terminating action in Boeing Special Attention Bulletin 767-25-
0549, 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 767-25-0549, Revision 2, dated January
27, 2023.
(i) Exceptions to Service Information Specifications
(1) Where the ``Compliance'' paragraph of Boeing Special
Attention Bulletin 767-25-0549, Revision 2, dated January 27, 2023,
[[Page 8882]]
refers to the original issue date of the service bulletin, this AD
requires using September 12, 2019 (the effective date of AD 2019-14-
13).
(2) Where the ``Compliance'' paragraph of Boeing Special
Attention Bulletin 767-25-0549, Revision 2, dated January 27, 2023,
refers to the Revision 2 date of the service bulletin, this AD
requires using the effective date of this AD.
(3) Where the ``Compliance'' paragraph of Boeing Special
Attention Service Bulletin 767-25-0539, Revision 2, dated January
27, 2023, refers to within 72 months after the original issue date
of the service bulletin, this AD requires using within 36 months
after September 12, 2019 (the effective date of AD 2019-14-13).
(4) Where the ``Compliance'' paragraph of Boeing Special
Attention Bulletin 767-25-0539, Revision 2, dated January 27, 2023,
refers to the Revision 2 date of the service bulletin, this AD
requires using the effective date of this 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.
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Figure 1 to Paragraph (j)--Alternative Acceptable Seats
[GRAPHIC] [TIFF OMITTED] TR04FE25.002
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[GRAPHIC] [TIFF OMITTED] TR04FE25.003
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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 (l)
of this AD. Information may be emailed to: AMOC@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.
(4) AMOCs approved for AD 2019-14-13 are approved as AMOCs for
the corresponding provisions of Boeing Special Attention Service
Bulletin 767-25-0539, Revision 2, dated January 27, 2023, and Boeing
Special Attention Service Bulletin 767-25-0549, 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
[[Page 8885]]
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 Courtney.K.Tuck@faa.gov.
(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 767-25-0539,
Revision 2, dated January 27, 2023.
(ii) Boeing Special Attention Service Bulletin 767-25-0549,
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 fr.inspection@nara.gov.
Issued on January 6, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-02146 Filed 2-3-25; 8:45 am]
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