Airworthiness Directives; The Boeing Company Airplanes

[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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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.

-----------------------------------------------------------------------

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.
    <bullet> 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 V<INF>R,</INF> 
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 V<INF>R</INF>, 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 V<INF>1</INF> (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 V<INF>R</INF>, 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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85          $8,840
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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 V<INF>R</INF>, 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]
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