Rule2023-13156
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
June 21, 2023
Effective
June 21, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-03- 05, which applied to all The Boeing Company Model 747-8F and 747-8 series airplanes and Model 777 airplanes. AD 2022-03-05 required 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 interference from wireless broadband operations in the 3.7- 3.98 GHz frequency band (5G C-Band) 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 stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. 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, due to the presence of 5G C-Band interference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Pages 40065-40071]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13156]
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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;
Amendment 39-22463; AD 2023-12-05]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-03-
05, which applied to all The Boeing Company Model 747-8F and 747-8
series airplanes and Model 777 airplanes. AD 2022-03-05 required
[[Page 40066]]
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 interference from wireless broadband operations in the 3.7-
3.98 GHz frequency band (5G C-Band) 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 stations whose signals are expected to
cover most of the contiguous United States at transmission frequencies
between 3.7-3.98 GHz. 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, due to
the presence of 5G C-Band interference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective June 21, 2023.
ADDRESSES: 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 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.
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#b3dcc3d6c1d2c7dadcddd2dfc0d2d5d6c7caf3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="b7d8c7d2c5d6c3ded8d9d6dbc4d6d1d2c3cef7d1d6d699d0d8c1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-03-05, Amendment 39-21922 (87 FR 4150,
January 27, 2022) (AD 2022-03-05). AD 2022-03-05 applied to all The
Boeing Company (Boeing) Model 747-8F and 747-8 series airplanes and
Model 777 airplanes equipped with a radio altimeter. The NPRM published
in the Federal Register on May 3, 2023 (88 FR 27799). The NPRM 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 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.
In the NPRM, the FAA proposed to retain the AFM revisions required
by AD 2022-03-05 until June 30, 2023. On or before June 30, 2023, the
FAA proposed to require replacing those AFM revisions with limitations
prohibiting dispatching or releasing to airports, and approaches or
landings on runways, in the contiguous U.S. airspace for non-radio
altimeter tolerant airplanes. For radio altimeter tolerant airplanes,
the FAA proposed to allow the prohibited operations at 5G C-Band
mitigated airports (5G CMAs) as identified in an FAA Domestic Notice.
The FAA proposed 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.
Discussion of Final Airworthiness Directive
Comments
The FAA provided the public with an opportunity to comment on the
proposed AD and received comments from five commenters. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Support for NPRM
Boeing and the Air Line Pilots Association, International (ALPA),
supported the NPRM without change.
The supportive comments from ALPA included additional viewpoints
without a suggestion specific to the AD or a request the FAA can act
on. These comments are outside the scope of this AD.
Request for Additional AMOC Relief
Comment summary: All Nippon Airways (All Nippon) requested the FAA
revise the proposed AD to allow AMOCs approved for AD 2023-10-02,
Amendment 39-22438 (88 FR 34065, May 26, 2023) (AD 2023-10-02) as AMOCs
for this AD.
FAA response: The FAA does not agree. An airplane that is a radio
altimeter tolerant airplane for purposes of AD 2023-10-02 will also be
a radio altimeter tolerant airplane for purposes of this AD. However,
because the hazards mitigated by AD 2023-10-02 are separate and
distinct from the hazards mitigated by this AD, the FAA has determined
that AMOCs approved for compliance with AD 2023-10-02 may not always be
appropriate to address the unsafe condition specified in this AD. For
this reason, operators with an approved AMOC for AD 2023-10-02 will
need to request approval of it as an AMOC for compliance with this AD.
Request To Extend Compliance Time
Comment summary: American Airlines expressed concern regarding the
compliance time for the proposed actions and requested the FAA revise
the AD to provide a minimum of 30 days from the effective date of the
AD.
FAA response: The FAA understands the commenter's concern and made
every effort to publish this AD as soon as possible. After refraining
from operating at their FCC-authorized levels for a year and a half,
wireless companies are now able to operate at higher levels, yet still
not at the levels authorized. Specifically, wireless companies expect
to operate their networks in urban areas with minimal restrictions due
to the completion of retrofits. Additionally, the FAA anticipates 19
additional telecommunication companies will begin transmitting in the
C-Band after June 30, 2023. Although the FAA continues to work with the
companies that intend to transmit in the 3.7-3.98-GHz band near 5G
CMAs, the FAA has no agreement with those companies to provide the FAA
with tower locations and other information necessary to support the
current NOTAM/AMOC process. Therefore, the FAA will not be able to
extend the June 30, 2023, date.
Request for List of Compliant Radio Altimeters
Comment summary: All Nippon requested the FAA clarify how to
determine whether a radio altimeter (for example, LRA-900 P/N 822-0334-
004) corresponds to a radio altimeter tolerant airplane or non-radio
altimeter tolerant airplane. An individual requested the FAA revise the
AD to add the list of the part numbers for compliant radio altimeters
(e.g., Collins LRA-900+ and THALES ERT-530R).
FAA response: The FAA does not maintain a list of tolerant radio
altimeters because the determination of a radio altimeter tolerant
airplane must consider the installation details, which vary from
airplane to airplane. The FAA has developed a policy statement that
provides a means of compliance with this AD for all transport and
commuter category airplanes and rotorcraft equipped with a radio
altimeter. The FAA requested public comments on this proposed policy on
May 8, 2023 (88 FR
[[Page 40067]]
29554). The proposed policy describes an acceptable framework and
method for demonstrating that an airplane or rotorcraft is radio
altimeter tolerant. The policy discusses compliance methods that should
be applied to programs for type certificates, amended type
certificates, STCs, and amended STCs. The proposed policy addresses how
to assess 5G C-Band tolerance. Although most data submitted to
demonstrate compliance in accordance with the FAA policy statement will
be proposed by design approval holders, any person/entity can propose a
method to demonstrate compliance.
Request To Clarify Restrictions at Non-CMAs
Comment summary: All Nippon and an individual requested the FAA
clarify why the proposed AD would prohibit radio altimeter tolerant
airplanes from landing at non-5G CMAs after July 2023. All Nippon
stated that there are many non-5G CMAs that are unaffected by 5G C-Band
interference and operations should not be restricted at such airports.
FAA response: The FAA disagrees. Boeing has not submitted any
substantiating data that demonstrates the hazards addressed by this AD
are adequately mitigated for radio altimeter tolerant airplanes at non-
5G CMAs.
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. This AD is adopted as proposed in the
NPRM.
Interim Action
The FAA considers this AD to 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. Once a new radio altimeter TSO is developed,
approved, and available, the FAA might consider additional rulemaking.
Effective Date
Section 553(d) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) requires publication of a rule not less than 30 days
before its effective date. However, section 553(d) authorizes agencies
to make rules effective in less than 30 days when the agency finds
``good cause.'' Radio altimeters cannot be relied upon to perform their
intended function if they experience interference from wireless
broadband operations in the 5G C-Band. 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, which, in combination with
multiple flight deck effects, could lead to loss of continued safe
flight and landing. To address this unsafe condition, the actions
required by this AD must be accomplished before the compliance date of
June 30, 2023. The FAA based this date on the changes to the 5G C-Band
environment beginning on July 1, 2023. These changes include increased
wireless broadband deployment and transmissions closer to the
parameters authorized by the FCC. The earlier operators learn of the
requirements in this AD, the earlier they can take action to ensure
compliance. An effective date less than 30 days would ensure the AD is
codified earlier, thereby increasing awareness of its requirements.
Therefore, the FAA finds that good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment immediately effective.
Costs of Compliance
The cost information below describes the costs to change the AFM.
Although this AD largely maintains the AFM limitations currently
required by AD 2022-03-05, the FAA acknowledges that this 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 estimates that this AD affects 347 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 (retained action from AD 1 work-hour x $85 per $0 $85 $29,495
2022-03-05). hour \1\ = $85.
New AFM revision (new required action) 1 work-hour x $85 per 0 85 \2\ 29,495
hour = $85.
----------------------------------------------------------------------------------------------------------------
\1\ The labor rate of $85 per hour is the average wage rate for an aviation mechanic.
\2\ 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.
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 under the criteria
of the Regulatory Flexibility Act.
[[Page 40068]]
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:
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:
2023-12-05 The Boeing Company: Amendment 39-22463; Docket No. FAA-
2023-0670; Project Identifier AD-2022-01427-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 21, 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] TR21JN23.087
(ii) Tolerance to radio altimeter interference, for the spurious
emissions (3.7-3.98 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.
[[Page 40069]]
Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic
PSD at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR21JN23.088
(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.
[[Page 40070]]
Figure 3 to paragraph (h)--AFM Limitations Revisions
[GRAPHIC] [TIFF OMITTED] TR21JN23.089
(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] TR21JN23.090
(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] TR21JN23.091
(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#1f5e52505c5f797e7e31787069"><span class="__cf_email__" data-cfemail="20616d6f63604641410e474f56">[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
[[Page 40071]]
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#ff908f9a8d9e8b9690919e938c9e999a8b86bf999e9ed1989089"><span class="__cf_email__" data-cfemail="533c23362132273a3c3d323f20323536272a133532327d343c25">[email protected]</span></a>.
(m) Material Incorporated by Reference
None.
Issued on June 9, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-13156 Filed 6-16-23; 11:15 am]
BILLING CODE 4910-13-C
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