Airworthiness Directives; The Boeing Company Airplanes
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Abstract
The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) that would have applied to certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. The NPRM was prompted by reports that very high frequency (VHF) radio frequencies transfer between the active and standby windows of the tuning control panel (TCP) without flightcrew input. The uncommanded frequency changes could result in missed communications between the flightcrew and Air Traffic Control. The NPRM would have required updating the TCP operational software (OPS) and performing a software configuration check. Since issuance of the NPRM, the FAA has determined that the TCP OPS version specified in the NPRM does not correct the unsafe condition. Accordingly, the NPRM is withdrawn.
Full Text
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<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
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[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Proposed Rules]
[Pages 65142-65144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21009]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0204; Project Identifier AD-2024-00327-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM)
that proposed to adopt a new airworthiness directive (AD) that would
have applied to certain The Boeing Company Model 787-8, 787-9, and
[[Page 65143]]
787-10 airplanes. The NPRM was prompted by reports that very high
frequency (VHF) radio frequencies transfer between the active and
standby windows of the tuning control panel (TCP) without flightcrew
input. The uncommanded frequency changes could result in missed
communications between the flightcrew and Air Traffic Control. The NPRM
would have required updating the TCP operational software (OPS) and
performing a software configuration check. Since issuance of the NPRM,
the FAA has determined that the TCP OPS version specified in the NPRM
does not correct the unsafe condition. Accordingly, the NPRM is
withdrawn.
DATES: As of October 14, 2026, the proposed rule, which was published
in the Federal Register on February 26, 2025 (90 FR 10703), is
withdrawn.
ADDRESSES: AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a>
by searching for and locating Docket No. FAA-2025-0204; 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 AD action, any
comments received, and other information. The street address for Docket
Operations is Docket Operations, M-30, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Frank Carreras, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:
206-231-3539; email: <a href="/cdn-cgi/l/email-protection#91f7e3f0fffabff2f0e3e3f4e3f0e2d1f7f0f0bff6fee7"><span class="__cf_email__" data-cfemail="1d7b6f7c7376337e7c6f6f786f7c6e5d7b7c7c337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued an NPRM that proposed 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 was published in the Federal
Register on February 26, 2025 (90 FR 10703). The NPRM was prompted by
reports that VHF radio frequencies transfer between the active and
standby windows of the TCP without flightcrew input. The uncommanded
frequency changes could result in missed communications between the
flightcrew and Air Traffic Control. The NPRM proposed to require
updating the TCP OPS and performing a software configuration check.
The proposed actions were intended to address uncommanded frequency
changes, which could result in missed communications such as amended
clearances and critical instructions for changes to flight path and
consequent loss of safe separation between aircraft, collision, or
runway incursion.
Actions Since the NPRM Was Issued
Since issuance of the NPRM, the FAA determined that the update to
the TCP OPS specified in the NPRM does not correct the unsafe
condition. The manufacturer informed the FAA that, based on fleet
reports, it has concluded that the OPS version specified in the NPRM
does not correct the unsafe condition. Also, multiple commenters
reported concerns with the reliability of the software update or
experienced service difficulties after accomplishing the service
information. As a result, Boeing is conducting further analysis to
determine the root cause of the new reports, and the FAA may consider
other rulemaking when an adequate solution is developed to address the
unsafe condition.
Withdrawal of the NPRM constitutes only such action and does not
preclude the FAA from further rulemaking on this issue, nor does it
commit the FAA to any course of action in the future.
Comments
The FAA received comments from Boeing, The Foundation for Aviation
Safety, Kenya Airways, ProTech Aero Services Limited (ProTech), and
Qatar Airways (Qatar). The following presents the comments received on
the NPRM and the FAA's response.
Request To Delay Issuance of the AD
Boeing requested that the FAA delay issuance of the proposed AD
until the next OPS version is incorporated into the airplane production
line. Boeing stated that based on additional fleet reports, the OPS
version specified in the proposed AD, as referenced in Boeing Alert
Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May
20, 2024 (Issue 001 of Boeing Alert Requirements Bulletin B787-81205-
SB230051-00 RB), does not completely address the TCP VHF uncommanded
frequency change. Boeing also stated it is continuing to evaluate fleet
reports to address the causes of the additional findings in the next
OPS version.
The FAA agrees that the OPS version specified in the proposed AD
does not correct the unsafe condition. For that reason, the FAA is
withdrawing the NPRM and may consider other rulemaking when an adequate
solution is developed to address the unsafe condition.
Request To Evaluate New Reports Before Issuing the AD
Qatar requested that the FAA evaluate new in-service reports before
mandating the proposed AD. Qatar stated it has modified all of its
affected Boeing Model 787 airplanes using Issue 001 of Boeing Alert
Requirements Bulletin B787-81205-SB230051-00 RB, as proposed, but its
flightcrews are reporting similar issues on the modified airplanes.
Qatar believes the unsafe condition still exists on modified airplanes
and has reported the events to Boeing and the parts manufacturer for
further investigation and determination of the root cause.
The FAA is aware that multiple operators have reported concerns
about the reliability of the software update or service difficulties
after accomplishing Issue 001 of Boeing Alert Requirements Bulletin
B787-81205-SB230051-00 RB. As stated previously, the FAA is withdrawing
the NPRM and may consider other rulemaking when an adequate solution is
developed to address the unsafe condition.
Request to Later Service Information
Kenya Airways and ProTech requested that the FAA revise paragraph
(g) of proposed AD to require accomplishment of Boeing Alert
Requirements Bulletin B787-81205-SB230051-00 RB, Issue 002, dated
February 24, 2025 (Issue 002 of Boeing Alert Requirements Bulletin
B787-81205-SB230051-00 RB) instead of Issue 001 of Boeing Alert
Requirements Bulletin B787-81205-SB230051-00 RB.
The FAA disagrees. The FAA reviewed Issue 002 of Boeing Alert
Requirements Bulletin B787-81205-SB230051-00 RB and noted it provides
instructions for installing the same software part number identified in
Issue 001 of the Boeing Alert Requirements Bulletin B787-81205-
SB230051-00 RB. Therefore, the FAA has determined Issue 002 of Boeing
Alert Requirements Bulletin B787-81205-SB230051-00 RB is also not
adequate for addressing the unsafe condition.
Request To Clarify the Root Cause
The Foundation for Aviation Safety noted that the FAA previously
issued an NPRM on March 25, 2021 (86 FR 17993, April 7, 2021) to
address the unsafe condition, and then withdrew that NPRM on August 31,
2021 (86 FR 50484, September 9, 2021), because the software update in
that proposed AD was not effective. Since operators are reporting that
the latest software update is still not effective, the commenter asked
whether the problem is specific to
[[Page 65144]]
the software or if there also could be an electrical manufacturing
defect.
The FAA is aware that multiple operators have reported concerns
with the reliability of the software update or experienced service
difficulties after accomplishing Issue 001 of Boeing Alert Requirements
Bulletin B787-81205-SB230051-00 RB. Boeing is conducting further
analysis to determine the root cause of the new reports. The FAA may
consider other rulemaking when an adequate solution is developed to
address the unsafe condition.
FAA's Conclusions
Upon further consideration, the FAA has determined that the NPRM
does not adequately address the identified unsafe condition.
Accordingly, the NPRM is withdrawn.
Regulatory Findings
Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule. This action therefore is not covered under Executive
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Withdrawal
Accordingly, the notice of proposed rulemaking (Docket No. FAA-
2025-0204), which was published in the Federal Register on February 26,
2025 (90 FR 10703), is withdrawn.
Issued on October 5, 2026.
Brian Knaup,
Acting Deputy Director, Integrated Certificate Management Division,
Aircraft Certification Service.
[FR Doc. 2026-21009 Filed 10-13-26; 8:45 am]
BILLING CODE 4910-13-P
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