[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42014-42018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0428; Directorate Identifier 2014-NM-067-AD; 
Amendment 39-18205; AD 2015-14-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
airplanes. This AD was prompted by reports of deficiencies in the 
flight control module (FCM) software. This AD requires installing 
certain FCM software. We are issuing this AD to correct deficiencies in 
the FCM software, which, if not corrected, could prevent continued safe 
flight and landing.

DATES: This AD is effective August 20, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 20, 
2015.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA,

[[Page 42015]]

call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0428.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0428; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, 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: Douglas Tsuji, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification 
Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 
425-917-6546; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We 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 airplanes. The NPRM published in the Federal Register on 
July 2, 2014 (79 FR 37684). The NPRM was prompted by reports of 
deficiencies in the FCM software. The NPRM proposed to require 
installing certain FCM software. We are issuing this AD to correct 
deficiencies in the FCM software, which, if not corrected, could 
prevent continued safe flight and landing.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 37684, July 2, 2014) and the FAA's response to each comment.

Support for the NPRM (79 FR 37684, July 2, 2014)

    United Airlines Engineering, the Air Line Pilots Association 
International (ALPA), and Boeing expressed support for the NPRM (79 FR 
37684, July 2, 2014). United Airlines Engineering also indicated that 
all of its airplanes were modified as of April 2, 2014, with no adverse 
effects.

Request To Issue Alternative Methods of Compliance (AMOCs)

    Boeing requested that we issue AMOCs for several items it 
identified in Boeing Alert Service Bulletin B787-81205-SB270020-00, 
Issue 001, dated February 6, 2014. Boeing requested AMOCs to do the 
following actions.
     Install the FCM operational program software (OPS) in the 
Mass Storage Device 1 only.
     To identify the existing FCM OPS software as either part 
number HNP5E-AL01-5010 (Block Point 1) or part number HNP5F-AL01-5011 
(Block Point 2) software.
     To specify that the FCM loadable diagnostic information 
(LDI) database (DB) and FCM air data reference function (ADRF) DB 
software are not required to be reloaded if the FCM OPS software part 
number HNP5C-AL01-5012 can be successfully loaded without reloading the 
databases.
    We agree that the issues raised by the commenter should be 
addressed. The issues are addressed in a new revision to Boeing Alert 
Service Bulletin B787-81205-SB270020-00, Issue 001, dated February 6, 
2014. We have revised paragraphs (c), (g), and (h) of this AD to 
reference Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 
002, dated February 12, 2015, as the appropriate source of service 
information for accomplishing the required actions. There has been no 
expansion to the applicability or scope of this AD. Use of either 
Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 001, dated 
February 6, 2014, or Boeing Alert Service Bulletin B787-81205-SB270020-
00, Issue 002, dated February 12, 2015, is acceptable. No further work 
is necessary on airplanes on which operators have done the actions 
described in Boeing Alert Service Bulletin B787-81205-SB270020-00, 
Issue 001, dated February 6, 2014. We have added new paragraph (j) of 
this AD to provide credit for actions required by paragraph (g) of this 
AD, if those actions were performed before the effective date of this 
AD using Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 
001, dated February 6, 2014. We have re-designated subsequent 
paragraphs accordingly.
    However, we disagree with issuing AMOCs at this time. AMOCs provide 
an alternative method of compliance to the methods required to be used 
in the associated AD. An AMOC is issued only after an AD has been 
issued and only after data are provided to show that the proposed 
solution is complete and addresses the unsafe condition.

Request To Issue an AMOC for Later Software Versions

    Boeing requested that we issue an AMOC to allow installation of the 
FCM Block Point 4 software or later FCM software in lieu of the FCM 
Block Point 3 software proposed by the NPRM (79 FR 37684, July 2, 
2014). Boeing explained that the FCM Block Point 4 software or later 
FCM software updates are an alternative to the Block Point 3 software, 
and that operators may wish to install Block Point 4 or later FCM 
software due to the additional product improvements provided in the 
later software versions.
    We agree that FCM Block Point 4 (or later FAA-approved FCM software 
versions) includes the Block Point 3 updates and therefore corrects the 
unsafe condition identified in this AD. We have retained the compliance 
time specified in paragraph (g) of the proposed AD (79 FR 37684, July 
2, 2014); clarified and moved the required software installation from 
paragraph (g) of the proposed AD to new paragraph (g)(1) of this AD; 
and added new paragraphs (g)(2), (g)(3), and (g)(4) of this AD, which 
specify to install FCM Block Point 4 in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB270023-00, Issue 001, dated July 24, 2014, or to install FCM Common 
Block Point 1 in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin B787-81205-SB270027-00, Issue 002, dated March 
9, 2015, or to install any later FAA-approved FCM software version 
using a method approved in accordance with the procedures specified in 
paragraph (k) of this AD. As stated previously, an AMOC is issued only 
after an AD has been issued and only after data are provided to show 
that the proposed solution is complete and addresses the unsafe 
condition. Also, as previously stated, we have added new paragraph (j) 
of this AD to provide credit for actions required by paragraph (g) of 
this AD, if those actions were performed before the effective date of 
this AD using Boeing Service Bulletin B787-81205-SB270027-00, Issue 
001, dated September 26, 2014.
    In addition, we recommend that Boeing incorporate the provision for 
later approved parts in its service information, when appropriate. This 
provision is described in FAA Advisory Circular (AC) 20-176A, dated 
June 16, 2014. (See http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/

[[Page 42016]]

979ddd1479e1ec6f86257cfc0052d4e9/$FILE/AC%2020-176A.PDF.)

Request To Clarify the Minimum Concurrent Requirement

    Boeing requested that we revise paragraph (h) of the NPRM (79 FR 
37684, July 2, 2014) to clarify that the minimum concurrent requirement 
for Group 1 airplanes identified in Boeing Alert Service Bulletin B787-
81205-SB270020-00, Issue 001, dated February 6, 2014, is to install the 
FCM LDI DB software and central maintenance computer function (CMCF) 
LDI DB software. Boeing stated that the updated FCM OPS software is 
installed per Boeing Alert Service Bulletin B787-81205-SB270020-00, 
Issue 001, dated February 6, 2014, and therefore, the previous FCM OPS 
software version specified in Boeing Alert Service Bulletin B787-81205-
SB270017-00, Issue 001, dated September 18, 2013, does not need to be 
installed.
    We agree with the commenter's request for clarification. This 
clarification was addressed in the new revision of Boeing Alert Service 
Bulletin B787-81205-SB270020-00, Issue 002, dated February 12, 2015, 
which we have replicated in the final rule by revising paragraph (h) to 
include the statement ``. . . or at a minimum install the FCM LDI DB 
and CMCF LDI DB software, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB270017-00, 
Issue 001, dated September 18, 2013.

Request To Revise the Discussion Section of the NPRM (79 FR 37684, July 
2, 2014)

    Boeing requested that we revise the source of the deficiency 
provided in the first sentence of the Discussion section of the NPRM 
(79 FR 37684, July 2, 2014), which stated, in part, ``We have received 
reports of in-service incidents and identified an indicating system 
shortcoming due to. . . .'' Boeing stated that the issues are with the 
flight control system, not the indicating system.
    We agree with the commenter that the shortcoming is in the flight 
control system, not the indicating system. However, this section is not 
repeated in the final rule. Therefore no change is needed to this AD.

Request To Clarify Paragraph (i) of the Proposed AD (79 FR 37684, July 
2, 2014)

    Boeing requested that we revise paragraph (i) of the proposed AD 
(79 FR 37684, July 2, 2014), which referred to installation of ``new'' 
software. Boeing requested that we remove the word ``new'' from that 
sentence. Boeing stated that only the FCM OPS software is new, and that 
the FCM LDI DB, FCM ADRF DB, and CMCF LDI DB software identified in 
Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 001, dated 
February 6, 2014, are previous software versions.
    We agree with the request, for the reasons provided by the 
commenter. We have revised paragraph (i) of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in 
the NPRM (79 FR 37684, July 2, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 37684, July 2, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Boeing has issued the following service bulletins.
     Boeing Alert Service Bulletin B787-81205-SB270017-00, 
Issue 001, dated September 18, 2013. This service information describes 
procedures for installing FCM OPS, FCM LDI DB, and CMCF LDI DB 
software, and doing a software configuration check.
     Boeing Alert Service Bulletin B787-81205-SB270020-00, 
Issue 002, dated February 12, 2015. This service information describes 
procedures for installing FCM OPS, FCM LDI DB, and FCM ADRF DB 
software, and doing a software configuration check.
     Boeing Service Bulletin B787-81205-SB270023-00, Issue 001, 
dated July 24, 2014. This service information describes procedures for 
installing FCM OPS, FCM LDI DB, FCM ADRF DB, and CMCF LDI DB software, 
and doing a software configuration check.
     Boeing Service Bulletin B787-81205-SB270027-00, Issue 002, 
dated March 9, 2015. This service information describes procedures for 
installing FCM OPS, FCM LDI DB, FCM Compatibility DB, and CMCF LDI DB 
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 the ADDRESSES section of this or 
AD.

Costs of Compliance

    We estimate that this AD affects 11 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
FCM BP3 software installation.........  2 work-hours x $85 per                $0            $170          $1,870
                                         hour = $170.
Concurrent FCM BP2 software             2 work-hours x $85 per               630             800           8,800
 installation (Group 1 airplanes).       hour = $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.
    The parts cost for the FCM BP3 software installation is not 
included in our cost estimate. It is considered Boeing-provided 
loadable software, which is referenced in Boeing Alert Service Bulletin 
B787-81205-SB270020-00, Issue 002, dated February 12, 2015, under 
``Parts & Materials Supplied by the Operator.''

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

[[Page 42017]]

detail the scope of the Agency's authority.
    We are 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Adoption of 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 (AD):

2015-14-07 The Boeing Company: Amendment 39-18205; Docket No. FAA-
2014-0428; Directorate Identifier 2014-NM-067-AD.

(a) Effective Date

    This AD is effective August 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, 
certificated in any category, as identified in Boeing Alert Service 
Bulletin B787-81205-SB270020-00, Issue 002, dated February 12, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by reports of deficiencies in the flight 
control module (FCM) software. We are issuing this AD to correct 
deficiencies in the FCM software, which, if not corrected, could 
prevent continued safe flight and landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) FCM Software Installation

    Within 6 months after the effective date of this AD: Do the 
actions specified in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of 
this AD.
    (1) Use the onboard data load function (ODLF) to install FCM 
Block Point 3 software (including FCM operational program software 
(OPS), FCM loadable diagnostic information (LDI) database (DB) 
software, and FCM air data reference function (ADRF) DB software), 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin B787-81205-SB270020-00, Issue 002, dated February 
12, 2015.
    (2) Use the ODLF to install FCM Block Point 4 software 
(including FCM OPS, FCM LDI DB software, FCM ADRF DB software, and 
central maintenance computer function (CMCF) LDI DB software), in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin B787-81205-SB270023-00, Issue 001, dated July 24, 2014.
    (3) Use the ODLF to install FCM Common Block Point 1 software 
(including FMC OPS, FCM LDI DB software, FCM Compatibility DB 
software, and CMCF LDI DB software), in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB270027-00, Issue 002, dated March 9, 2015.
    (4) Install any later FAA-approved FCM software version using a 
method approved in accordance with the procedures specified in 
paragraph (k) of this AD.

(h) Concurrent Requirements

    For Group 1 airplanes, as identified in Boeing Alert Service 
Bulletin B787-81205-SB270020-00, Issue 002, dated February 12, 2015: 
Prior to or concurrently with accomplishing the actions required by 
paragraph (g) of this AD, use the ODLF to install FCM OPS, FCM LDI 
DB, and CMCF LDI DB software, or at a minimum install the FCM LDI DB 
and CMCF LDI DB software, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB270017-
00, Issue 001, dated September 18, 2013.

(i) Parts Installation Prohibition

    After installation of the software specified in paragraphs (g) 
and (h) of this AD, no person may install any previous versions of 
the FCM OPS, FCM LDI DB, FCM ADRF DB, or CMCF LDI DB software, on 
any airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Boeing Alert Service Bulletin B787-81205-
SB270020-00, Issue 001, dated February 6, 2014; or Boeing Service 
Bulletin B787-81205-SB270027-00, Issue 001, dated September 26, 
2014; which are not incorporated by reference in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (l) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) If the service information contains steps that are labeled 
as RC (Required for Compliance), those steps must be done to comply 
with this AD; any steps that are not labeled as RC are recommended. 
Those steps that are not labeled as RC may be deviated from using 
accepted methods different from those identified in the specified 
service information without obtaining approval of an AMOC, provided 
the steps labeled as RC can be done and the airplane can be put back 
in a serviceable condition. Any substitutions or changes to steps 
labeled as RC require approval of an AMOC.

(l) Related Information

    (1) For more information about this AD, contact Douglas Tsuji, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, Seattle 
Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6546; fax: 425-917-6590; 
email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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.

[[Page 42018]]

    (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 Service Bulletin B787-81205-SB270020-00, Issue 
002, dated February 12, 2015.
    (ii) Boeing Service Bulletin B787-81205-SB270023-00, Issue 001, 
dated July 24, 2014.
    (iii) Boeing Service Bulletin B787-81205-SB270027-00, Issue 002, 
dated March 9, 2015.
    (iv) Boeing Alert Service Bulletin B787-81205-SB270017-00, Issue 
001, dated September 18, 2013.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 2, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-17203 Filed 7-15-15; 8:45 am]
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