Proposed Rule2021-19355
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) that would have applied to certain The Boeing Company Model 787-8, 787-9, and 787- 10 airplanes. The NPRM was prompted by reports that very high frequency (VHF) radio frequencies transfer between the active and standby windows of the tuning control panel (TCP) without flightcrew input. The NPRM would have required updating the TCP operational software (OPS) and performing a software configuration check. Since issuance of the NPRM, the FAA determined that the TCP OPS version specified in the NPRM does not correct the unsafe condition. The FAA intends to propose new rulemaking to require updated software. Accordingly, the NPRM is withdrawn.
Full Text
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[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Proposed Rules]
[Pages 50484-50485]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19355]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 /
Proposed Rules
[[Page 50484]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0255; Project Identifier AD-2020-01282-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM)
that proposed to adopt a new airworthiness directive (AD) that would
have applied to certain The Boeing Company Model 787-8, 787-9, and 787-
10 airplanes. The NPRM was prompted by reports that very high frequency
(VHF) radio frequencies transfer between the active and standby windows
of the tuning control panel (TCP) without flightcrew input. The NPRM
would have required updating the TCP operational software (OPS) and
performing a software configuration check. Since issuance of the NPRM,
the FAA determined that the TCP OPS version specified in the NPRM does
not correct the unsafe condition. The FAA intends to propose new
rulemaking to require updated software. Accordingly, the NPRM is
withdrawn.
DATES: The FAA is withdrawing the proposed rule published on April 7,
2021 (86 FR 17993) as of September 9, 2021.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0255; 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 AD action, any comments received, and other information. The
street 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.
FOR FURTHER INFORMATION CONTACT: Frank Carreras, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email:
<a href="/cdn-cgi/l/email-protection#630511020d084d0002111106110210230502024d040c15"><span class="__cf_email__" data-cfemail="eb8d998a8580c5888a99998e998a98ab8d8a8ac58c849d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued an NPRM that proposed to amend 14 CFR part 39 by
adding an AD that would apply to certain The Boeing Company Model 787-
8, 787-9, and 787-10 airplanes. The NPRM was published in the Federal
Register on April 7, 2021 (86 FR 17993). The NPRM was prompted by
reports that very high frequency (VHF) radio frequencies transfer
between the active and standby windows of the tuning control panel
(TCP) without flightcrew input.
The NPRM proposed to require updating the TCP OPS and performing a
software configuration check. The proposed actions were intended to
address uncommanded frequency changes, which could result in missed air
traffic control communications such as amended clearances and critical
instructions for changes to flight path, and consequent loss of safe
separation between aircraft, collision, or runway incursion.
Actions Since the NPRM Was Issued
Since issuance of the NPRM the FAA determined that the TCP OPS
version specified in the NPRM does not correct the unsafe condition.
The manufacturer is developing a new version of the software which will
better address the unsafe condition. Required development and testing
of the new software results in scheduled availability of the revised
service information by June 2022. In light of these changes, the FAA
intends to propose further rulemaking.
Withdrawal of the NPRM constitutes only such action. The withdrawal
does not preclude the FAA from further rulemaking on this issue or
commit the FAA to any course of action in the future.
Comments
The FAA received comments on the NPRM from three commenters. The
following presents the comments received on the NPRM and the FAA's
response to the comment.
Boeing asked that the FAA delay issuance of the final rule until
the next TCP OPS revision. Boeing stated that based on additional fleet
reports, it has concluded that the OPS version specified in Boeing
Alert Requirements Bulletin B787-81205-SB230041-00 RB, Issue 002, dated
September 14, 2020, and specified in the NPRM, does not adequately
address the ``TCP VHF Uncommanded Frequency Change'' issue. Boeing is
continuing to evaluate fleet reports and is will address the cause of
the additional findings in the next TCP OPS revision. The FAA agrees
that the NPRM will not address the unsafe condition. When appropriate
service information is developed, approved, and available, the FAA
intends to propose new rulemaking to require the updated software.
American Airlines requested that the FAA revise paragraph (g) of
the proposed AD to allow later FAA-approved software. The FAA agrees
with the request, but because the FAA is withdrawing the NPRM, the
request is no longer necessary.
The Air Line Pilots Association (ALPA) supported the NPRM.
FAA's Conclusions
Upon further consideration, the FAA has determined that the NPRM
does not adequately address the identified unsafe condition.
Accordingly, the FAA is withdrawing the NPRM.
Regulatory Findings
Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule. This action therefore is not covered under Executive
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Withdrawal
0
Accordingly, the notice of proposed rulemaking (NPRM) (Docket No. FAA-
2021-0255), which was published in the
[[Page 50485]]
Federal Register on April 7, 2021 (86 FR 17993), is withdrawn.
Issued on August 31, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-19355 Filed 9-8-21; 8:45 am]
BILLING CODE 4910-13-P
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