[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55252-55255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23690]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0027; Product Identifier 2017-NM-118-AD; Amendment 
39-19482; AD 2018-22-09]
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 all The 
Boeing Company Model 787 series airplanes. This AD was prompted by 
reports that, under certain conditions, the automatic dependent 
surveillance-broadcast (ADS-B) out function and air traffic control/
traffic alert and collision avoidance system (ATC/TCAS) functions can 
transmit incorrect data. This AD requires an inspection or records 
review to determine if certain software is installed, the installation 
of new software for the integrated surveillance system (ISS) 
operational program software (OPS) if necessary, a software check, and 
applicable on-condition actions. For certain airplanes, this AD also 
requires the installation of new software for the ISS OPS, ISS option 
selection software (OSS) file, and ISS airline selectable option (ASO) 
file; and installation of a new ISS definition file database within the 
displays and crew alerting (DCA) system. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 10, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 10, 
2018.

ADDRESSES: For service information identified in this final rule, 
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 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-
0027.

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-
0027; 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, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) 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.

FOR FURTHER INFORMATION CONTACT: Nelson O. 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 787 series airplanes. The NPRM published in the Federal Register 
on February 9, 2018 (83 FR 5741). The NPRM was prompted by reports 
that, under certain conditions, the ADS-B out function and ATC/TCAS 
functions can transmit incorrect data. The NPRM

[[Page 55253]]

proposed to require an inspection or records review to determine if 
certain software is installed, the installation of new software for the 
ISS OPS if necessary, a software check, and applicable on-condition 
actions. For certain airplanes, this AD also requires the installation 
of new software for the ISS OPS, ISS OSS file, ISS ASO file, and 
installation of a new ISS definition file database within the DCA 
database system.
    We are issuing this AD to address the transmission of incorrect 
position and pressure altitude data, which could result in potential 
mid-air collisions.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment. The Air Line Pilots 
Association, International (ALPA) expressed support for the NPRM. 
United Airlines had no objection to the NPRM.

Request To Allow for Later-Approved Service Bulletins in Paragraph (h)

    American Airlines requested that we consider revising paragraph (h) 
of the proposed AD to include later-approved service bulletins 
regarding software loading. American said this change would eliminate 
the need to obtain alternative methods of compliance (AMOCs) when 
software is updated.
    We partially agree with the commenter's request. We cannot allow 
operators to use later-approved revisions of the service bulletins, 
since we may not refer to any document that does not yet exist in an 
AD. To allow operators to use later revisions of service bulletins 
(issued after publication of the AD), we must revise the AD to 
reference specific later revisions, or operators must request approval 
to use later revisions as an AMOC to the AD. However, we may allow for 
later-approved software versions if they 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 the service bulletins 
specified in this AD. Therefore, we have revised paragraph (h) of this 
AD to allow for later-approved versions of the software. Since 
paragraph (i) of this AD specifies a similar requirement for certain 
airplanes, we have also revised paragraph (i) of this AD to allow for 
later-approved software versions.

Request To Include Additional Software

    Boeing suggested that we revise the Summary section and ``Related 
Service Information under 1 CFR part 51'' section of the NPRM and 
paragraph (i) of the proposed AD to include the following additional 
software: ISS OSS file, ISS ASO file, and installation of a new ISS 
definition file database within the DCA system. Boeing asserted that 
this would clarify which software may be impacted when considering all 
configurations in service.
    We agree with the commenter's request. We have revised this final 
rule accordingly. We have also added this same information to the 
Discussion section of this final rule.

Request To Add Other Software Part Numbers to Paragraphs (g), (h), and 
(j) of the Proposed AD

    Boeing suggested adding certain software part numbers to paragraphs 
(g), (h), and (j) of the proposed AD. Boeing observed that although the 
part numbers provided in the proposed AD represent the latest software 
installed in production, additional software might still be installed 
in-service. According to Boeing, the suggested additions would result 
in updates to paragraphs (g), (h), and (j) of the proposed AD to 
include all possible software part numbers.
    We partially agree with the commenter's request because software 
part numbers COL40-0010-0010, COL41-0010-0011, and ISS SysIO OPS COL46-
0007-0010, identified by Boeing, also have the potential to transmit 
incorrect data, which is the basis for the unsafe condition. However, 
we disagree with the suggestion to include more software part numbers 
because that would expand the scope of this AD and require a 
supplemental NPRM (SNPRM) and re-opening of the comment period, thereby 
delaying issuance of this final rule to address the identified unsafe 
condition. We are considering additional rulemaking applicable to all 
Boeing Model 787 airplanes to address the additional part numbers. This 
AD has not been changed with regard to this request.

Request To Give Credit for Prior Accomplishment of Requirements

    Naftaly Wambugu requested that the FAA give credit to operators who 
will have accomplished Boeing Alert Service Bulletin B787-81205-
SB340036-00, Issue 001, dated June 30, 2017, across their Boeing 787 
fleet.
    We acknowledge the commenter's request and agree to clarify. 
Paragraph (f) of this AD provides credit to operators who have already 
accomplished the AD requirements, including those involving Boeing 
Alert Service Bulletin B787-81205-SB340036-00, Issue 001, dated June 
30, 2017, before the effective date of this AD. Therefore, this AD has 
not been changed with regard to this request.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB340036-00, 
Issue 001, dated June 30, 2017. This service information describes 
procedures for the installation of new software for the ISS OPS (which 
includes main input/output (IO) software and traffic transponder (XPDR) 
airborne collision avoidance system (ACAS) software), a software check, 
and applicable on-condition actions.
    We also reviewed Boeing Service Bulletin B787-81205-SB340005-00, 
Issue 002, dated April 27, 2016. This service information describes 
procedures for the installation of new software for the ISS OPS, ISS 
OSS file, ISS ASO file, and for the ISS definition file database within 
the DCA system.
    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.

Costs of Compliance

    We estimate that this AD affects 136 airplanes of U.S. registry. We 
also estimate that 115 airplanes will require installation and check of 
new software, and 54 airplanes will require the concurrent installation 
of other software. We estimate the following costs to comply with this 
AD:

[[Page 55254]]



                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Records Review/Inspection (136          1 work-hour x $85 per                 $0             $85         $11,560
 airplanes).                             hour = $85.
Installation and Check (115 airplanes)  4 work-hours x $85 per                 0             340          39,100
                                         hour = $340.
Concurrent Installation (54 airplanes)  1 work-hour x $85 per                  0              85           4,590
                                         hour = $85.
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    We estimate the following costs to do any necessary on-condition 
actions that would be required. We have no way of determining the 
number of aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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4 work-hours x $85 per hour = $340....              $0             $340
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    According to the manufacturer, some 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 available costs in our 
cost estimate.

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 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 appliances to the Director of the System Oversight Division.

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):

2018-22-09 The Boeing Company: Amendment 39-19482; Docket No. FAA-
2018-0027; Product Identifier 2017-NM-118-AD.

(a) Effective Date

    This AD is effective December 10, 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 reports that under certain conditions 
the automatic dependent surveillance-broadcast (ADS-B) out and air 
traffic control (ATC)/traffic alert and collision avoidance system 
(TCAS) functions can transmit incorrect position and pressure 
altitude information in the data that is used by ATC to coordinate 
aircraft separation. We are issuing this AD to address the 
transmission of incorrect position and pressure altitude data, which 
could result in potential mid-air collisions.

(f) Compliance

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

(g) Inspection or Records Review

    For 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 to determine if integrated surveillance system 
(ISS) operational program software (OPS) part number (P/N) COL40-
0010-0100 or COL46-0007-0100 is installed. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number of the software can be conclusively determined from that 
review.

[[Page 55255]]

(h) Required Actions

    If, during any inspection or records review required by 
paragraph (g) of this AD, any ISS OPS P/N COL40-0010-0100 or COL46-
0007-0100 is found: Within 12 months after the effective date of 
this AD, do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB340036-
00, Issue 001, dated June 30, 2017; except where Boeing Alert 
Service Bulletin B787-81205-SB340036-00, Issue 001, dated June 30, 
2017, specifies installing software P/Ns COL41-0010-0101 and COL44-
0007-0102, this AD requires installing P/Ns COL41-0010-0101 and 
COL44-0007-0102, 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 Service Bulletin B787-81205-SB340036-
00, Issue 001, dated June 30, 2017.

(i) Additional Actions for Group 1 Airplanes

    For Group 1 airplanes identified in Boeing Alert Service 
Bulletin B787-81205-SB340036-00, Issue 001, dated June 30, 2017: 
Prior to accomplishment of the actions required by paragraph (h) of 
this AD, install new software for the ISS OPS, ISS option selection 
software (OSS) file, and ISS airline selectable option (ASO) file; 
and install a new ISS definition file database within the displays 
and crew alerting (DCA) system; in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin B787-81205-
SB340005-00, Issue 002, dated April 27, 2016; except where Boeing 
Service Bulletin B787-81205-SB340005-00, Issue 002, dated April 27, 
2016, specifies installing certain 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-SB340005-00, Issue 002, dated April 27, 2016.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install ISS 
OPS part number COL40-0010-0100 or COL46-0007-0100 on any airplane, 
except in accomplishment of the actions required by paragraph (i) of 
this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Service Bulletin B787-81205-
SB340005-00, Issue 001, dated December 11, 2015.

(l) 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 (m)(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, 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.
    (4) For service information that contains steps that are labeled 
as RC, the provisions of paragraphs (l)(4)(i) and (l)(4)(ii) of this 
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(m) Related Information

    (1) For more information about this AD, contact Nelson O. 
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].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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.
    (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-SB340036-00, Issue 
001, dated June 30, 2017.
    (ii) Boeing Service Bulletin B787-81205-SB340005-00, Issue 002, 
dated April 27, 2016.
    (3) 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.
    (4) You may view this 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.
    (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 Des Moines, Washington, on October 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-23690 Filed 11-2-18; 8:45 am]
 BILLING CODE 4910-13-P