Proposed Rule2023-09433
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
May 3, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-03-05, which applies to all The Boeing Company Model 747-8F and 747-8 series airplanes and Model 777 airplanes. AD 2022-03-05 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). Since the FAA issued AD 2022-03-05, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band base stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. This proposed AD would require revising the limitations section of the existing AFM to incorporate limitations prohibiting dispatching or releasing to airports, and approaches or landings on runways, due to the presence of 5G C-Band interference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 85 (Wednesday, May 3, 2023)</title>
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[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27799-27804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09433]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0670; Project Identifier AD-2022-01427-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-03-05, which applies to all The Boeing Company Model 747-8F and
747-8 series airplanes and Model 777 airplanes. AD 2022-03-05 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). Since the FAA issued AD 2022-03-05, the FAA
determined that additional limitations are needed due to the continued
deployment of new 5G C-Band base stations whose signals are expected to
cover most of the contiguous United States at transmission frequencies
between 3.7-3.98 GHz. This proposed AD would require revising the
limitations section of the existing AFM to incorporate limitations
prohibiting dispatching or releasing to airports, and approaches or
landings on runways, due to the presence of 5G C-Band interference. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by May 23,
2023.
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="http://regulations.gov">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.
[[Page 27800]]
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0670; 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 NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 817-222-5390; email: <a href="/cdn-cgi/l/email-protection#cfa0bfaabdaebba6a0a1aea3bcaea9aabbb68fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="355a45504754415c5a5b545946545350414c755354541b525a43">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0670; Project Identifier
AD-2022-01427-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#92fde2f7e0f3e6fbfdfcf3fee1f3f4f7e6ebd2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="7c130c190e1d081513121d100f1d1a1908053c1a1d1d521b130a">[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.
Background
The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), for all transport and commuter
category airplanes equipped with a radio altimeter. AD 2021-23-12 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). AD 2021-23-12 requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting certain operations
requiring radio altimeter data when in the presence of 5G C-Band
interference as identified by NOTAMs. The agency 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.
The FAA subsequently 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 and issued AD 2022-03-05,
Amendment 39-21922 (87 FR 4150, January 27, 2022) (AD 2022-03-05). AD
2022-03-05 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 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. AD 2022-
03-05 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 agency issued AD
2022-03-05 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.
Actions Since AD 2022-03-05 Was Issued
Since issuing AD 2022-03-05, the FAA determined that additional
limitations are needed due to the continued deployment of new 5G C-Band
base stations whose signals are expected to cover most of the
contiguous United States at transmission frequencies between 3.7-3.98
GHz. Therefore, the FAA issued an NPRM, Docket No. FAA-2022-1647 (88 FR
1520, January 11, 2023) (the NPRM), proposing to supersede AD 2021-23-
12. In the NPRM, the FAA proposed to retain most of the operational
prohibitions required by AD 2021-23-12 until June 30, 2023; on or
before June 30, 2023, operators would be required to revise their
existing AFM to prohibit these operations unless the airplane has a
radio altimeter meeting proposed minimum performance levels (a defined
power spectral density (PSD) curve as well as a defined aggregate
spurious emission level) and is operating at a 5G C-Band mitigated
airport (5G CMA). In the NPRM, the FAA also proposed to require all
airplanes operating under 14 CFR part 121 to have a radio altimeter
meeting the proposed minimum performance standards by February 1, 2024.
Since the NPRM was published, the FAA has determined that a PSD
curve is a more appropriate method to define performance than a single
fixed emission level. The proposed PSD curve more accurately reflects
differences in radio altimeter susceptibility to interfering emissions
at different altitude levels. The FAA plans to issue guidance on how to
show compliance with both the fundamental PSD curve and spurious PSD
curve, including the data to be submitted, for the FAA to approve the
method used.
AD 2022-03-05 relies on the FAA's use of NOTAMs to identify 5G C-
band interference at certain airports in the U.S. airspace. As
explained in more detail in the NPRM, those NOTAMs are no longer the
best means of communicating the location of the 5G C-Band environment.
Therefore, this proposed AD would retain the AFM limitations required
by AD 2022-03-05 until June 30, 2023. On or before June 30, 2023, this
proposed AD would require operators to replace the
[[Page 27801]]
limitations with limitations prohibiting the same operations, except
the prohibitions would not be tied to NOTAMs but instead would depend
on whether the airplane is operated at a 5G CMA as identified by an FAA
Domestic Notice.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain the AFM revisions required by AD
2022-03-05 until June 30, 2023. On or before June 30, 2023, this
proposed AD would require replacing those AFM limitations prohibiting
the same dispatching or releasing to airports, and approaches or
landings on runways. For radio altimeter tolerant airplanes, the
prohibited operations would be allowed at 5G CMAs as identified in an
FAA Domestic Notice. The minimum performance levels in this proposed AD
for determining whether an airplane is radio altimeter tolerant are the
same minimum performance levels proposed in the NPRM, except the FAA
has replaced the proposed fixed emission level with a proposed PSD
curve emission threshold that more accurately reflects differences in
radio altimeter susceptibility to interfering emissions at different
altitude levels.
Paragraph (k)(3) of this proposed AD specifies that AMOCs approved
for AD 2021-23-12 providing relief for specific radio altimeter
installations would be approved as AMOCs for the requirements specified
in paragraph (h) of this proposed AD until June 30, 2023.
Interim Action
The FAA considers that this AD, if adopted as proposed, would be an
interim action. Once the Technical Standard Order (TSO) standard for
radio altimeters is established, which will follow the existing
international technical consensus on the establishment of the minimum
operational performance standards (MOPS), the FAA anticipates that the
MOPS will be incorporated into the TSO. The FAA also anticipates that
aircraft incorporating equipment approved under the new Radio Altimeter
TSO will be able to operate in both 5G CMAs and non-5G CMAs with no 5G
C-Band-related AFM limitations. Once a new radio altimeter TSO is
developed, approved, and available, the FAA might consider additional
rulemaking.
Costs of Compliance
The cost information below describes the costs to change the AFM.
Although this proposed AD would largely maintain the AFM limitations
currently required by AD 2022-03-05, the FAA acknowledges that this
proposed AD may also impose costs on some aircraft operators from
having to change their conduct to comply with the amended AFM. However,
the FAA lacks the data necessary to quantify the costs associated with
aircraft operators changing their conduct. The FAA is seeking public
comment on these costs so the agency can more fully account for the
impact of this regulatory action.
The FAA estimates that this AD, if adopted as proposed, would
affect 347 airplanes of U.S. registry.\1\ The FAA estimates the
following costs to comply with this proposed AD:
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\1\ This is the number of Boeing Model 747-8F and 747-8 series
airplanes and Model 777 airplanes on the FAA's registry as of
December 1, 2022.
\2\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
\3\ The estimated cost for this revision would not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a Model 747-8F, 747-8, or 777 transport category airplane.
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 (retained action from 1 work-hour x $85 per $0 $85 $29,495
AD 2022-03-05). hour \2\ = $85.
New AFM revision (new proposed 1 work-hour x $85 per 0 85 \3\ 29,495
action). 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
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would 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 the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
[[Page 27802]]
0
a. Removing Airworthiness Directive (AD) 2022-03-05, Amendment 39-21922
(87 FR 4150, January 27, 2022), and
0
b. Adding the following new AD:
The Boeing Company Airplanes: Docket No. FAA-2023-0670; Project
Identifier AD-2022-01427-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2023.
(b) Affected ADs
This AD replaces AD 2022-03-05, Amendment 39-21922 (87 FR 4150,
January 27, 2022) (AD 2022-03-05).
(c) Applicability
This AD applies to all 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) Definitions
(1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
(2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
(i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
BILLING CODE 4910-13-P
Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TP03MY23.083
(ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.
Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[[Page 27803]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.084
(3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
(h) Retained Airplane Flight Manual (AFM) Revision
This paragraph restates the requirements of paragraph (g) of AD
2022-03-05. Within 2 days after January 27, 2022 (the effective date
of AD 2022-03-05): Revise the Limitations Section of the existing
AFM to include the information specified in figure 3 to paragraph
(h) of this AD. This may be done by inserting a copy of figure 3 to
paragraph (h) of this AD into the existing AFM.
Figure 3 to paragraph (h)--AFM Limitations Revisions
[GRAPHIC] [TIFF OMITTED] TP03MY23.085
[[Page 27804]]
(i) New Requirement: AFM Revision for Non-Radio Altimeter Tolerant
Airplanes
For non-radio altimeter tolerant airplanes, do the actions
specified in paragraphs (i)(1) and (2) of this AD.
(1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 4
to paragraph (i) of this AD. This may be done by inserting a copy of
figure 4 to paragraph (i) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h) of this AD.
(2) Before further flight after incorporating the limitations
specified in figure 4 to paragraph (i) of this AD, remove the AFM
revision required by paragraph (h) of this AD.
Figure 4 to paragraph (i)--AFM Revision for Non-Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TP03MY23.086
(j) New Requirement: AFM Revision for Radio Altimeter Tolerant
Airplanes
For radio altimeter tolerant airplanes, do the actions specified
in paragraphs (j)(1) and (2) of this AD.
(1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 5
to paragraph (j) of this AD. This may be done by inserting a copy of
figure 5 to paragraph (j) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h) of this AD.
(2) Before further flight after incorporating the limitations
specified in figure 5 to paragraph (j) of this AD, remove the AFM
revision required by paragraph (h) of this AD.
Figure 5 to paragraph (j)--AFM Revision for Radio Altimeter Tolerant
airplanes
[GRAPHIC] [TIFF OMITTED] TP03MY23.087
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, 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 Operational Safety Branch, send it to the
attention of the person identified in paragraph (l) of this AD.
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#5c1d11131f1c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="37767a78747751565619505841">[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 requirements
specified in paragraph (h) of this AD until June 30, 2023.
(l) Related Information
For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#650a15001704110c0a0b040916040300111c250304044b020a13"><span class="__cf_email__" data-cfemail="751a05100714011c1a1b141906141310010c351314145b121a03">[email protected]</span></a>.
(m) Material Incorporated by Reference
None.
Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-09433 Filed 5-1-23; 4:15 pm]
BILLING CODE 4910-13-C
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