Rule2022-01695
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
January 27, 2022
Effective
January 27, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 747-8F and 747-8 series airplanes and Model 777 airplanes. This AD was prompted by a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent determination that this interference may affect multiple airplane systems using radio altimeter data, including the pitch control laws, including those that provide tail strike protection, regardless of the approach type or weather. This AD requires revising the limitations section of the existing airplane flight manual (AFM) to incorporate limitations prohibiting dispatching or releasing to airports, and approaches or landings on runways, when in the presence of 5G C-Band interference as identified by Notices to Air Missions (NOTAMs). The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4150-4153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01695]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0012; Project Identifier AD-2022-00057-T;
Amendment 39-21922; AD 2022-03-05]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 747-8F and 747-8 series airplanes and Model
777 airplanes. This AD was prompted by a determination that radio
altimeters cannot be relied upon to perform their intended function if
they experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a recent determination
that this interference may affect multiple airplane systems using radio
altimeter data, including the pitch control laws, including those that
provide tail strike protection, regardless of the approach type or
weather. This AD requires revising the limitations section of the
existing airplane flight manual (AFM) to incorporate limitations
prohibiting dispatching or releasing to airports, and approaches or
landings on runways, when in the presence of 5G C-Band interference as
identified by Notices to Air Missions (NOTAMs). The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective January 27, 2022.
[[Page 4151]]
The FAA must receive comments on this AD by March 14, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0012; 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 the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Dean Thompson, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3165;
email: <a href="/cdn-cgi/l/email-protection#afcbcacec181dd81dbc7c0c2dfdcc0c1efc9cece81c8c0d9"><span class="__cf_email__" data-cfemail="086c6d6966267a267c606765787b6766486e6969266f677e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
In March 2020, the United States Federal Communications Commission
(FCC) adopted final rules authorizing flexible use of the 3.7-3.98 GHz
band for next generation services, including 5G and other advanced
spectrum-based services.\1\ Pursuant to these rules, C-Band wireless
broadband deployment is permitted to occur in phases with the
opportunity for operations in the lower 0.1 GHz of the band (3.7-3.8
GHz) in certain markets as early as January 19, 2022. This AD refers to
``5G C-Band'' interference, but wireless broadband technologies, other
than 5G, may use the same frequency band.\2\ These other uses of the
same frequency band are within the scope of this AD since they would
introduce the same risk of radio altimeter interference as 5G C-Band.
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\1\ The FCC's rules did not make C-Band wireless broadband
available in Alaska, Hawaii, and the U.S. Territories.
\2\ The regulatory text of the AD uses the term ``5G C-Band''
which, for purposes of this AD, has the same meaning as ``5G'', ``C-
Band'' and ``3.7-3.98 GHz.''
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The radio altimeter is an important aircraft instrument, and its
intended function is to provide direct height-above-terrain/water
information to a variety of aircraft systems. Commercial aviation radio
altimeters operate in the 4.2-4.4 GHz band, which is separated by 0.22
GHz from the C-Band telecommunication systems in the 3.7-3.98 GHz band.
The radio altimeter is more precise than a barometric altimeter and for
that reason is used where aircraft height over the ground needs to be
precisely measured, such as autoland, manual landings, or other low
altitude operations. The receiver on the radio altimeter is typically
highly accurate, however it may deliver erroneous results in the
presence of out-of-band radio frequency emissions from other frequency
bands. The radio altimeter must detect faint signals reflected off the
ground to measure altitude, in a manner similar to radar. Out-of-band
signals could significantly degrade radio altimeter functions during
critical phases of flight, if the altimeter is unable to sufficiently
reject those signals.
The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12) to address the effect of 5G C-Band
interference on all transport and commuter category airplanes equipped
with a radio (also known as radar) altimeter. AD 2021-23-12 requires
revising the limitations section of the existing AFM to incorporate
limitations prohibiting certain operations, which require radio
altimeter data to land in low visibility conditions, when in the
presence of 5G C-Band interference as identified by NOTAM. The FAA
issued AD 2021-23-12 because radio altimeter anomalies that are
undetected by the automation or pilot, particularly close to the ground
(e.g., landing flare), could lead to loss of continued safe flight and
landing.
Since the FAA issued AD 2021-23-12, Boeing has continued to
evaluate potential 5G C-band interference on aircraft systems that rely
on radio altimeter inputs. As a result of this ongoing evaluation,
Boeing issued Boeing Multi Operator Messages MOM-MOM-22-0024-01B(R2),
dated January 18, 2022, and MOM-MOM-22-0039-01B(R1), dated January 18,
2022, for Boeing Model 777 airplanes and Model 747-8F and 747-8 series
airplanes, respectively.
Based on Boeing's data, the FAA identified an additional hazard
presented by 5G C-band interference on The Boeing Company Model 747-8F
and 747-8 series airplanes and Model 777 airplanes. The FAA determined
that anomalies due to 5G C-Band interference may affect multiple
airplane systems using radio altimeter data, including the pitch
control laws, including control laws that provide tail strike
protection, regardless of the approach type or weather. These anomalies
may not be evident until very low altitudes. Due to 5G C-Band
interference, missing or erroneous radio altimeter data used by the
flight control system may result in uncommanded, inappropriate pitch
inputs, adversely affecting controllability. This interference could
also cause multiple erroneous flight deck effects, including misleading
flight director information and erroneous autothrottle behavior and
Flight Mode Annunciations. These flight deck effects, when combined
with the effects of the uncommanded, inappropriate pitch inputs, could
affect the flightcrew's ability to accomplish continued safe flight and
landing. Other systems that could be impacted by this missing or
erroneous data, and contribute to this hazard, include, but are not
limited to: Autopilot flight director system; autothrottle system;
engines; flight controls; flight instruments; traffic alert and
collision avoidance system (TCAS); ground proximity warning system
(GPWS); and configuration warnings.
In sum, 5G C-Band interference, which may result in missing or
erroneous radio altimeter data provided to the airplane's flight
control computers where pitch control and other laws reside, in
combination with multiple flight deck effects, could result in
uncommanded, inappropriate pitch inputs, which are especially hazardous
at low altitudes, and loss of continued safe flight and landing. This
is an unsafe condition.
This AD requires revising the limitations section of the existing
AFM to incorporate limitations prohibiting dispatching or releasing to
airports, and approaches or landings on runways, when in the presence
of 5G C-Band interference as identified by NOTAMs.
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.
AD Requirements
This AD requires revising the limitations section of the existing
AFM to incorporate limitations prohibiting dispatching or releasing to
airports, and approaches or landings on runways,
[[Page 4152]]
when in the presence of 5G C-Band interference as identified by NOTAMs.
Compliance With AFM Revisions
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).
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(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 missing or erroneous radio altimeter data provided (as a result
of 5G C-Band interference) to the airplane's pitch control laws, in
combination with multiple flight deck effects, could lead to
uncommanded, inappropriate pitch inputs, and the loss of continued safe
flight and landing. The urgency is based on the hazard presented by
such pitch inputs occurring at low altitudes, and on C-Band wireless
broadband deployment, which is expected to occur in phases with
operations beginning as soon as January 19, 2022. Accordingly, notice
and opportunity for prior public comment are impracticable and contrary
to the public interest pursuant to 5 U.S.C. 553(b)(3)(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.
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-2022-0012 and Project Identifier AD-
2022-00057-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Dean
Thompson, Senior Aerospace Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3165; email: <a href="/cdn-cgi/l/email-protection#9bfffefaf5b5e9b5eff3f4f6ebe8f4f5dbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="3652535758184418425e595b464559587650575718515940">[email protected]</span></a>. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
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 336 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM revision.......................... 1 work-hour x $85 per $0 $85 $28,560
hour = $85.
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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
[[Page 4153]]
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
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:
2022-03-05 The Boeing Company: Amendment 39-21922 ; Docket No. FAA-
2022-0012; Project Identifier AD-2022-00057-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 27, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company airplanes identified in
paragraphs (c)(1) and (2) of this AD, certificated in any category.
(1) Model 747-8F and 747-8 series airplanes.
(2) Model 777-200, -200LR, -300, -300ER, and 777F series
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that
this interference may affect other airplane systems using radio
altimeter data, including the pitch control laws, including those
that provide tail strike protection, regardless of the approach type
or weather. The FAA is issuing this AD to address missing or
erroneous radio altimeter data, which, in combination with multiple
flight deck effects, could lead to loss of continued safe flight and
landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Airplane Flight Manual (AFM) Revision
Within 2 days after the effective date of this AD: Revise the
Limitations Section of the existing 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
existing AFM.
[GRAPHIC] [TIFF OMITTED] TR27JA22.007
Note 1 to paragraph (g): Additional information about the unsafe
condition identified in this AD can be found in Boeing Multi
Operator Messages MOM-MOM-22-0024-01B(R2), dated January 18, 2022,
and MOM-MOM-22-0039-01B(R1), dated January 18, 2022, for Boeing
Model 777 airplanes and Model 747-8F and 747-8 series airplanes,
respectively.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO 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)(1) of this AD. Information may be
emailed to: <a href="/cdn-cgi/l/email-protection#c9f0e4888784e49aaca8bdbda5ace4888a86e48884868ae49bacb8bcacbabdba89afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="497064080704641a2c283d3d252c64080a06640804060a641b2c383c2c3a3d3a092f2828672e263f">[email protected]</span></a>.
(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) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the provisions of
this AD.
(i) Related Information
(1) For more information about this AD, contact Dean Thompson,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3165; email: <a href="/cdn-cgi/l/email-protection#3652535758184418425e595b464559587650575718515940"><span class="__cf_email__" data-cfemail="6e0a0b0f00401c401a0601031e1d01002e080f0f40090118">[email protected]</span></a>.
(2) For service information identified in this AD that is not
incorporated by reference, contact Boeing Commercial Airplanes,
Attention: Contractual & Data Services (C&DS), 2600 Westminster
Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-
1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
(j) Material Incorporated by Reference
None.
Issued on January 20, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-01695 Filed 1-25-22; 11:15 am]
BILLING CODE 4910-13-P
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