This document is scheduled to be published in the

Federal Register on 08/21/2024 and available online at

https://federalregister.gov/d/2024-18843, and on https://govinfo.gov [4910-13-P]

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.

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 [INSERT DATE OF PUBLICATION IN THE FEDERAL

REGISTER].

The Director of the Federal Register approved the incorporation by reference of a

certain publications listed in this AD as of [INSERT DATE OF PUBLICATION IN THE

FEDERAL REGISTER].

The FAA must receive comments on this AD by [INSERT DATE 45 DAYS

AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

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 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 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

Parts Cost per Cost on U.S.

Action Labor cost
cost product operators
Inspections, cap pull 1 work-hour X $85
$0 $85 $13,430
test, part marking per hour = $85

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

Action Labor cost Parts cost Cost per seat

Up to 3 work-hours X
Replacement Up to $4,600 Up to $4,855
$85 per hour = $255
Up to 3 work-hours X
Cap bonding $37 Up to $292
$85 per hour = $255

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

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. The FAA amends § 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 [INSERT DATE OF

PUBLICATION IN THE FEDERAL REGISTER].

(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 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: 8/19/2024 4:15 pm; Publication Date: 8/21/2024]