Rule2024-21144
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 18, 2024
Effective
October 23, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD was prompted by incidents related to erroneous autothrottle (A/ T) behavior during a balked landing with the 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 AD requires updating the thrust management (TM) and displays and crew alerting (DCA) operational program software (OPS). The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 181 (Wednesday, September 18, 2024)</title>
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[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76413-76416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21144]
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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;
Amendment 39-22813; AD 2024-16-07]
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 adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes.
This AD was prompted by incidents related to erroneous autothrottle (A/
T) behavior during a balked landing with the 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 AD requires updating the thrust management (TM) and
displays and crew alerting (DCA) operational program software (OPS).
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective October 23, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 23,
2024.
ADDRESSES:
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 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.
Material Incorporated by Reference:
<bullet> For Boeing material 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>.
<bullet> You may view this material 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> under
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#e9ad869c8e85889ac7bd9a9c8380a98f8888c78e869f"><span class="__cf_email__" data-cfemail="4c0823392b202d3f62183f3926250c2a2d2d622b233a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) 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 published in
the Federal Register on November 24, 2023 (88 FR 82279).
[[Page 76414]]
The NPRM was prompted by incidents related to erroneous A/T
behavior during a balked landing with the A/T engaged, potential
erroneous readings from the LRRA, and possible deficiencies in low
airspeed protections and crew alerting systems.
In the NPRM, the FAA proposed to require updating the TM and DCA
OPS. The FAA is issuing this AD to address problems with the TM and DCA
OPS, which could result in possible runway overrun or controlled flight
into terrain.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from an individual who supported the
NPRM without change.
The FAA also received comments from four commenters, including Air
Canada, American Airlines, Boeing, and Qatar Airways. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Allow Use of Additional Service Information
Air Canada and Qatar Airways requested that paragraph (g)(1) of the
proposed AD be revised to also allow compliance using Boeing Alert
Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, dated
August 3, 2020, for aircraft on which installation of the DCA software
update has already been done using Boeing Alert RB B787-81205-SB310018-
00 RB, Issue 001, dated August 3, 2020.
The FAA agrees with the commenters. There are no technical
differences between Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021, and Boeing Alert
Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, dated
August 3, 2020. The FAA has changed paragraph (g)(1) to include Boeing
Alert RB B787-81205-SB310018-00 RB, Issue 001, dated August 3, 2020, as
acceptable for use before the effective date of this AD.
American Airlines and Qatar Airways requested that the proposed AD
be revised to ensure that subsequent approved versions of DCA OPS and
TM OPS software will still be compliant with the proposed AD. American
Airlines requested that paragraph (g) of the proposed AD be revised to
read as follows:
For airplanes identified in paragraph (g) of this AD: Within 6
months after the effective date of this AD, install DCA OPS P/N
COL47-0014-0031 or later-approved software version and TM OPS P/N
HNP55-AL12-5008 or later-approved software version at the locations
specified in the Service Bulletins. Both the installation and the
check must be done in accordance with a method approved by the
Manager, AIR-520, Continues Operation Safety Branch, FAA. Later
approved software versions are those Boeing software versions that
are approved as a replacement for the DCA OPS P/N COL47-0014-0031
and TM OPS P/N HNP55-AL12-5008 and are approved as part of the type
design by the FAA or by The Boeing Company Organization Designation
Authorization (ODA).
The FAA infers this request is to reduce the need for alternative
methods of compliance (AMOCs) for subsequent (newer) approved versions
of DCA OPS and TM OPS software.
The FAA partially agrees with the commenters. The FAA agrees that
without the usage of the terminology ``or later approved software'' or
some variation of the wording that allows the use of later-approved
software, historically ADs related to software changes that did not
have this wording have resulted in multiple AMOCs for software updates.
The FAA disagrees with the need to add ``or later approved software''
language to paragraph (g) of this AD because this provision is found in
Boeing Requirements Bulletins B787-81205-SB310018-00 RB, Issue 002,
dated July 15, 2021, and Boeing Alert Requirements Bulletin B787-81205-
SB340053-00 RB, Issue 001, dated November 16, 2022, which are required
by paragraphs (g)(1) and (2) of this AD, respectively. The FAA has not
changed this AD in regard to this comment.
Requests To Clarify Terms in the NPRM
Boeing requested that ``throttle malfunction'' be replaced with
``erroneous autothrottle (A/T) behavior'' in the Summary and Background
of the NPRM, and paragraph (e) in the proposed AD, because the
description incorrectly describes what occurred.
The FAA agrees that erroneous A/T behavior is a more accurate
description of the occurrence. The full Background section is not
restated in this final rule. The FAA has changed the Summary of the
NPRM and paragraph (e) of this AD accordingly.
Boeing also requested that in the Background section, third
paragraph, ``flight management function (FMF)'' be replaced with
``Flight Management Function (FMF)/Thrust Management Function (TMF)
Block Point (BP) 4.0'' because the behavior was due to the design
changes included in the thrust management operation software and flight
management BP 4.0.
The FAA agrees that FMF/TMF BP 4.0 more accurately describes the
associated change; however, the full text of the NPRM Background
section is not repeated in the final rule, so no further change is
necessary to this final rule.
Boeing further requested that the Background section, sixth
paragraph, be revised to read ``Airplanes with version TMF software BP
4 installed, the A/T system is engaged during a manual go-around or
missed approach . . .'' because the behavior seen during a balked
landing was introduced with TMF BP 4.0.
The FAA agrees that the issue of erroneous A/T behavior was
introduced by FMF/TMF BP 4; however, the full text of the NPRM
Background section is not repeated in the final rule, so no further
change is necessary to this final rule.
Request To Delete Terms
Boeing requested that the FAA revise the NPRM to delete any
reference related to ``possible deficiencies in low airspeed
protections and crew alerting systems,'' ``crew alerting systems,''
``displays and crew alerting (DCA),'' ``crew alerting (DCA) operational
software (OPS),'' ``install and check DCA software,'' and ``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'' because the design change included in TMF 4.1
(TMF BP 4.1) to address 20-PAD-0048 (Erroneous A/T Behavior During
Balked Landing) and 20-AD-0054 (Erroneous Low Range Radio Altimeter
Readings) is not dependent on a DCA OPS update.
Boeing also requested that the FAA revise the NPRM to delete the
following statements:
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.
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.
Boeing requested these deletions because the autothrottle low
airspeed enhancements were implemented in FMF/TMF BP 4.0.
The FAA acknowledges that the changes associated with TMF BP 4.1
needed to address the issue of erroneous A/T behavior and erroneous
LRRA readings are not dependent upon a DCA OPS update, but the FAA
disagrees with removing any reference to the ``deficiencies in low
airspeed
[[Page 76415]]
protections and crew alerting systems'' or ``crew alerting (DCA) OPS.''
Some changes associated with TMF BP 4.1 are to fix an unsafe condition
(A/T issue) introduced by the previous TMF update BP 4. The FAA had
intended to mandate TMF BP 4 (in combination with a DCA OPS update) to
address the unsafe condition of insufficient low airspeed protections
and crew alerting systems but had to postpone AD action until TMF BP
4.1 was available over three years later. While TMF BP 4.1 includes the
TMF BP 4 updates addressing low airspeed protections, this is the first
time the FAA has mandated requirements to address this unsafe
condition. The FAA has not changed this AD in regard to this comment.
The ``Related Service Information Under 1 CFR part 51'' section of
the NPRM described the procedures specified in Boeing Alert
Requirements Bulletin B787-81205-SB310018-00 RB, and then added that
the FAA ``also'' reviewed Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022, which
specifies procedures for installing updated TM OPS software. Boeing
requested that the word ``also'' be deleted because there is only one
Boeing Alert Requirement Bulletin associated with Thrust Management BP
4.1.
The FAA disagrees with the request. The documents cited in this
section of the NPRM (and this final rule) are required sources of
service information for the requirements of this AD. The two documents
include different actions (one for installing updated DCA OPS software
and the other for installing updated TM OPS software), but both are
necessary to address the unsafe conditions identified in this final
rule. The FAA has not changed this final rule as a result of this
comment.
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. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Material Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021. This material 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 material
specifies procedures for installing updated TM OPS software and doing a
software configuration check.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 125 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Install and check DCA software........ 3 work-hours x $85 per * $0 $255 $31,875
hour = $255.
Install and check TM software......... 4 work-hours x $85 per * 0 340 42,500
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 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 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.
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:
2024-16-07 The Boeing Company: Amendment 39-22813; Docket No. FAA-
2023-2227; Project Identifier AD-2022-00113-T.
[[Page 76416]]
(a) Effective Date
This airworthiness directive (AD) is effective October 23, 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 AD was prompted by incidents related to erroneous auto-
throttle (A/T) behavior during a balked landing with the 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; or Boeing
Alert Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001,
dated August 3, 2020. After the effective date of this AD, only
Boeing Alert Requirements Bulletin B787-81205-SB310018-00 RB, Issue
002, dated July 15, 2021, may be used.
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.
Note 2 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 001, dated August 3, 2020,
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB310018-00 RB, Issue 001, dated August 3, 2020.
(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 3 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)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#2a6b6765696a4c4b4b044d455c"><span class="__cf_email__" data-cfemail="ebaaa6a4a8ab8d8a8ac58c849d">[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
(1) 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#eda982988a818c9ec3b99e988784ad8b8c8cc38a829b"><span class="__cf_email__" data-cfemail="7b3f140e1c171a08552f080e11123b1d1a1a551c140d">[email protected]</span></a>.
(2) Material identified in this AD that is not incorporated by
reference is available at the address specified in paragraph (j)(3)
this AD.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material 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 material 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 material 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#0365712d6a6d70736660776a6c6d436d6271622d646c75"><span class="__cf_email__" data-cfemail="365044185f5845465355425f5958765857445718515940">[email protected]</span></a>.
Issued on August 1, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-21144 Filed 9-17-24; 8:45 am]
BILLING CODE 4910-13-P
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