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[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 [email protected].

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
----------------------------------------------------------------------------------------------------------------
                                                             Parts                              Cost on U.S.
               Action                      Labor cost        cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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 *
----------------------------------------------------------------------------------------------------------------
             Action                    Labor cost               Parts cost                 Cost per product
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
* 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.
BILLING CODE 4910-13-P

[[Page 8883]]

Figure 1 to Paragraph (j)--Alternative Acceptable Seats
[GRAPHIC] [TIFF OMITTED] TR04FE25.002

[[Page 8884]]

[GRAPHIC] [TIFF OMITTED] TR04FE25.003

BILLING CODE 4910-13-C

(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: [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.
    (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 [email protected].

(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 [email protected].

    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]
BILLING CODE 4910-13-P
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