[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53404-53407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0902; Product Identifier 2018-NM-047-AD]
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: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 787 series airplanes. This proposed AD was 
prompted by a report of an uncommanded descent and turn that occurred 
after an inflight switch to the spare flight management function (FMF). 
This proposed AD would require an inspection of the flight management 
system (FMS) to determine if certain operational program software (OPS) 
is installed and installation of new FMS OPS and a software check if 
necessary. For certain airplanes, this proposed AD would also require 
concurrent actions. We are proposing this AD to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by December 7, 
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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; internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Transport 
Standards 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 on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0902.

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-2018-
0902; 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, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nelson Sanchez, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3543; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-

[[Page 53405]]

2018-0902; Product Identifier 2018-NM-047-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. We will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received a report of an uncommanded descent and turn that 
occurred when the spare FMF became the master FMF in flight. When the 
master FMF and spare FMF are operating normally, the FMF 
synchronization function sends data from the master to the spare so 
they will have the same flight data. It was found that an anomaly had 
prevented this communication for several flights, causing stale flight 
data to be retained in the spare FMF. In addition, no mechanism is 
currently in place to detect, remove, and replace stale flight data. 
This condition, if not addressed, could result in controlled flight 
into terrain or a mid-air collision.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin B787-81205-SB340038-
00 RB, Issue 001, dated November 16, 2017. The service information 
describes procedures for installing FMS OPS Block Point 3B (BP3B) and 
performing a software check.
    We also reviewed Boeing Service Bulletin B787-81205-SB340013-00, 
Issue 002, dated May 6, 2016. The service information describes 
procedures for installing FMS OPS Block Point 3 (BP3) and performing a 
software 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified in the service information described previously, 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.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0902.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin B787-81205-
SB340038-00 RB, Issue 001, dated November 16, 2017, is limited to 
certain Model 787-8 and 787-9 airplanes. However, the applicability of 
this proposed AD includes all Boeing Model 787 series airplanes. 
Because the affected software versions are rotable parts, we have 
determined that these parts could later be installed on airplanes that 
were initially delivered with acceptable software versions, thereby 
subjecting those airplanes to the unsafe condition. This difference has 
been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 144 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                Cost per         Cost on U.S.
              Action                      Labor cost           Parts cost        product          operators
----------------------------------------------------------------------------------------------------------------
Records check or inspection......  1 work-hour x $85 per                 $0             $85  $12,240.
                                    hour = $85.
Software installation............  4 work-hours x $85 per                 0             340  Up to $48,960.
                                    hour = $340.
Concurrent actions...............  4 work-hours x $85 per                 0             340  Up to $48,960.
                                    hour = $340.
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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.
    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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated

[[Page 53406]]

appliances to the Director of the System Oversight Division.

Regulatory Findings

    We 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) Is not a ``significant rule'' under the 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.

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 (AD):

The Boeing Company: Docket No. FAA-2018-0902; Product Identifier 
2018-NM-047-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787 series 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a report of an uncommanded descent and 
turn that occurred after an inflight switch to the spare flight 
management function (FMF), due to the retention of stale flight data 
in the spare FMF. We are issuing this AD to address the retention of 
stale flight data in the spare FMF, which, if not addressed, could 
result in controlled flight into terrain or a mid-air collision.

(f) Compliance

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

(g) Required Actions

    (1) For Boeing Model 787 series airplanes that have an original 
certificate of airworthiness or export certificate of airworthiness 
issued on or before the effective date of this AD: Within 12 months 
after the effective date of this AD, inspect the flight management 
system (FMS) to determine if operational program software (OPS) part 
number (P/N) HNP5F-AL11-5010 or HNP58-AL11-5006 is installed. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the FMS OPS can be conclusively 
determined from that review.
    (2) If, during any inspection or records review required by 
paragraph (g)(1) of this AD, FMS OPS P/N HNP5F-AL11-5010 or HNP58-
AL11-5006 is found: Within 12 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-SB340038-00 RB, Issue 001, dated November 16, 
2017; except where Boeing Alert Requirements Bulletin B787-81205-
SB340038-00 RB, Issue 001, dated November 16, 2017, specifies 
installing 34 FMS OPS Block Point 3B, P/N HNP5E-AL11-5011, this AD 
requires installing P/N HNP5E-AL11-5011 or later-approved software 
versions. Later-approved software versions are only those Boeing 
software versions that are approved as a replacement for the 
applicable software, and are approved as part of the type design by 
the FAA or the Boeing Commercial Airplanes Organization Designation 
Authorization (ODA) after issuance of Boeing Alert Requirements 
Bulletin B787-81205-SB340038-00 RB, Issue 001, dated November 16, 
2017.

    Note 1 to paragraph (g) of this AD:  Guidance for accomplishing 
the actions required by paragraph (g) of this AD can be found in 
Boeing Alert Service Bulletin B787-81205-SB340038-00, Issue 001, 
dated November 16, 2017, which is referred to in Boeing Alert 
Requirements Bulletin B787-81205-SB340038-00 RB, Issue 001, dated 
November 16, 2017.

(h) Concurrent Requirements

    For airplanes identified in Boeing Service Bulletin B787-81205-
SB340013-00, Issue 002, dated May 6, 2016: Prior to or concurrently 
with the action required by paragraph (g) of this AD, install FMS, 
Thrust Management System (TMS), and Communication Management 
Function (CMF) software identified in Boeing Service Bulletin B787-
81205-SB340013-00, Issue 002, dated May 6, 2016, and do a software 
check, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin B787-81205-SB340013-00, Issue 002, dated May 6, 
2016; except where Boeing Service Bulletin B787-81205-SB340013-00, 
Issue 002, dated May 6, 2016, specifies installing software, this AD 
requires installing that software or later-approved software 
versions. Later-approved software versions are only those Boeing 
software versions that are approved as a replacement for the 
applicable software, and are approved as part of the type design by 
the FAA or the Boeing Commercial Airplanes ODA after issuance of 
Boeing Service Bulletin B787-81205-SB340013-00, Issue 002, dated May 
6, 2016. If the software check fails, before further flight, 
accomplish corrective actions and repeat the software check and 
applicable corrective actions until the software check is passed.

(i) Parts Installation Prohibition

    As of the effective date of this AD, installation on any 
airplane of FMS OPS version HNP5F-AL11-5010 or HNP58-AL11-5006 is 
prohibited, except as required by paragraph (h) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin B787-81205-
SB340013-00, Issue 001, dated December 23, 2015.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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 local Flight Standards District 
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 (l)(1) 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) 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 Commercial Airplanes ODA that has 
been authorized by the Manager, Seattle ACO 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.

(l) Related Information

    (1) For more information about this AD, contact Nelson Sanchez, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St.,

[[Page 53407]]

Des Moines, WA 98198; phone and fax: 206-231-3543; email: 
[email protected].
    (2) 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; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.


    Issued in Des Moines, Washington, on October 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-22827 Filed 10-22-18; 8:45 am]
 BILLING CODE 4910-13-P