Proposed Rule2023-25866
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
November 24, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This proposed AD was prompted by incidents related to throttle malfunctions during a balked landing with the auto-throttle (A/T) engaged, potential erroneous readings from the low range radio altimeter (LRRA), and possible deficiencies in low airspeed protections and crew alerting systems. This proposed AD would require updating the thrust management (TM) and displays and crew alerting (DCA) operational program software (OPS). The FAA is proposing this AD to address the unsafe conditions on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 225 (Friday, November 24, 2023)</title>
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[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Proposed Rules]
[Pages 82279-82281]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25866]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2227; Project Identifier AD-2022-00113-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 adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 787-8, 787-9, and 787-10
airplanes. This proposed AD was prompted by incidents related to
throttle malfunctions during a balked landing with the auto-throttle
(A/T) engaged, potential erroneous readings from the low range radio
altimeter (LRRA), and possible deficiencies in low airspeed protections
and crew alerting systems. This proposed AD would require updating the
thrust management (TM) and displays and crew alerting (DCA) operational
program software (OPS). The FAA is proposing this AD to address the
unsafe conditions on these products.
DATES: The FAA must receive comments on this proposed AD by January 8,
2024.
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.
<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-2023-2227; 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.
Material Incorporated by Reference:
<bullet> For service information identified in this NPRM, 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> You may view this service information 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
<a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No. FAA-2023-2227.
FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 206-231-
3548; email: <a href="/cdn-cgi/l/email-protection#d490bba1b3b8b5a7fa80a7a1bebd94b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="b1f5dec4d6ddd0c29fe5c2c4dbd8f1d7d0d09fd6dec7">[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-2023-2227; Project Identifier
AD-2022-00113-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
this 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 NPRM.
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
[[Page 82280]]
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 Doug Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone: 206-231-3548; email:
<a href="/cdn-cgi/l/email-protection#8dc9e2f8eae1ecfea3d9fef8e7e4cdebececa3eae2fb"><span class="__cf_email__" data-cfemail="bafed5cfddd6dbc994eec9cfd0d3fadcdbdb94ddd5cc">[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 has received reports of several incidents involving Model
787 airplanes related to a throttle malfunction.
The FAA has received a report indicating that a design review of
the dual 787 LRRA system, which included an evaluation of airplane
health management (AHM) records, determined that there is an elevated
rate of in-service altimeter miscompare events and loss of output
events.
The FAA received an in-service report of a Model 787 airplane with
flight management function (FMF) Block point (BP) 4.0 software
experiencing the throttle returning to IDLE after manual increase of
thrust during a balked landing with the A/T engaged.
The FAA has reviewed a report of the investigation of an accident
that revealed deficiencies in low airspeed protections and crew
alerting systems on Model 777 and 787 series airplanes.
As a result of the above, one or more of the following scenarios
could occur.
During landing, erroneous altimeter readings from the LRRA could
result in the A/T not commanding IDLE during flare, and, in combination
with improper crew reaction, could result in a runway overrun.
In addition, if the A/T system is engaged during a manual go-around
or missed approach and the thrust mode is set to IDLE, manual attempts
to override the A/T system by pushing the thrust levers forward will
not disconnect the A/T system as expected, resulting in the thrust
levers retarding back to IDLE. This unexpected loss of thrust, if not
corrected, could result in a loss of altitude and possible controlled
flight into terrain (CFIT).
Further, airplanes with versions of FMF software prior to BP 4 are
susceptible to situations where the flightcrew may believe the airplane
systems will prevent the airplane from having too low an airspeed for
its flight condition, when in fact the systems do not offer that
protection. This can also result in a CFIT event.
While these conditions may result in a different outcome, they all
can be addressed by the same corrective action. These conditions, if
not addressed, could result in unsafe conditions.
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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021. This service
information specifies procedures for installing updated DCA OPS
software and doing a software configuration check.
The FAA also reviewed Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022. This service
information specifies procedures for installing updated TM OPS software
and doing a software configuration check.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Differences Between this Proposed AD and the Service Information,''
and except for any differences identified as exceptions in the
regulatory text of this proposed AD.
Differences Between This Proposed AD and the Service Information
Although the service information recommends accomplishing certain
required actions within 12 months, the FAA has determined that a 12
month interval would not address the identified unsafe condition soon
enough to ensure an adequate level of safety for the affected fleet. In
developing an appropriate compliance time for this AD, the FAA
considered the manufacturer's recommendation and the degree of urgency
associated with the subject unsafe condition. In light of these
factors, the FAA finds that a 6-month compliance time represents an
appropriate interval of time for affected airplanes to continue to
operate without compromising safety.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 125 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Install and check DCA software... 3 work-hours x $85 * $0 $255 $31,875
per hour = $255.
Install and check TM software.... 4 work-hours x $85 * 0 340 42,500
per hour = $340.
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* Boeing has confirmed that there is no charge for the software.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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
[[Page 82281]]
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 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 this 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 adding the following new airworthiness
directive:
The Boeing Company: Docket No. FAA-2023-2227; Project Identifier AD-
2022-00113-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 8, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as identified in
Boeing Alert Requirements Bulletin B787-81205-SB340053-00 RB, Issue
001, dated November 16, 2022.
(d) Subject
Air Transport Association (ATA) of America Code 31, Instruments;
34, Navigation.
(e) Unsafe Condition
This proposed AD was prompted by incidents related to throttle
malfunctions during a balked landing with the auto-throttle (A/T)
engaged, potential erroneous readings from the low range radio
altimeter (LRRA), and possible deficiencies in low airspeed
protections and crew alerting systems. The FAA is issuing this AD to
address problems with thrust management (TM) and displays and crew
alerting (DCA) operational program software. The unsafe conditions,
if not addressed, could result in possible runway overrun or
controlled flight into terrain.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For airplanes identified in Boeing Alert Requirements
Bulletin B787-81205-SB310018-00 RB, Issue 002, dated July 15, 2021:
Within 6 months after the effective date of this AD, do all
applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
B787-81205-SB310018-00 RB, Issue 002, dated July 15, 2021.
Note 1 to paragraph (g)(1): Guidance for accomplishing the
actions required by this AD can be found in Boeing Alert Service
Bulletin B787-81205-SB310018-00, Issue 002, dated July 15, 2021,
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB310018-00 RB, Issue 002, dated July 15, 2021.
(2) For airplanes identified in Boeing Alert Requirements
Bulletin B787-81205-SB340053-00 RB, Issue 001, dated November 16,
2022: Within 6 months after the effective date of this AD, do all
applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
B787-81205-SB340053-00 RB, Issue 001, dated November 16, 2022.
Note 2 to paragraph (g)(2): Guidance for accomplishing the
actions required by this AD can be found in Boeing Alert Service
Bulletin B787-81205-SB340053-00, Issue 001, dated November 16, 2022,
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022.
(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 (j)
of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#89b0a4c8c7c4a4daece8fdfde5eca4c8cac6a4c8c4c6caa4dbecf8fcecfafdfac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="70495d313e3d5d23151104041c155d31333f5d313d3f335d2215010515030403301611115e171f06">[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) 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 Doug Tsuji, Aviation
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone: 206-231-3548; email: <a href="/cdn-cgi/l/email-protection#36725943515a5745186245435c5f7650575718515940"><span class="__cf_email__" data-cfemail="b1f5dec4d6ddd0c29fe5c2c4dbd8f1d7d0d09fd6dec7">[email protected]</span></a>.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin B787-81205-SB310018-00
RB, Issue 002, dated July 15, 2021.
(ii) Boeing Alert Requirements Bulletin B787-81205-SB340053-00
RB, Issue 001, dated November 16, 2022.
(3) For service information identified in this AD, 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(4) You may view this service information 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.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#d5b3a7fbbcbba6a5b0b6a1bcbabb95bbb4a7b4fbb2baa3"><span class="__cf_email__" data-cfemail="086e7a2661667b786d6b7c6167664866697a69266f677e">[email protected]</span></a>.
Issued on November 17, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-25866 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-13-P
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