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Proposed Rule2026-21009

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
October 14, 2026

Issuing agencies

Transportation DepartmentFederal Aviation Administration

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 Accordingly, the NPRM is withdrawn.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&#160;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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Indexed from Federal Register on October 14, 2026.

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