[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4313-4315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02160]
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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; Amendment
39-19543; AD 2019-01-04]
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 a
report of an uncommanded descent and turn that occurred after an
inflight switch to the spare flight management function (FMF). This AD
requires 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 AD also requires concurrent actions. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective March 22, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 22,
2019.
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-
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 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 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 October 23, 2018 (83 FR 53404). The NPRM was prompted by a report of
an uncommanded descent and turn that occurred after an inflight switch
to the spare FMF. The NPRM proposed to require an inspection of the FMS
to determine if certain OPS is installed and installation of new FMS
OPS and a software check if necessary. For certain airplanes, it also
proposed to require concurrent actions.
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.
Comments
We gave the public the opportunity to participate in developing
this final rule. We have considered the comments received. Boeing,
Delta Air Lines, and B McCann indicated their support for the NPRM.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for 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.
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.
[[Page 4314]]
Costs of Compliance
We estimate that this AD affects 144 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Records check or inspection..... 1 work-hour x $85 $0 $85 $12,240.
per hour = $85.
Software installation........... 4 work-hours x $85 0 340 Up to $48,960.
per hour = $340.
Concurrent actions.............. 4 work-hours x $85 0 340 Up to $48,960.
per 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 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):
2019-01-04 The Boeing Company: Amendment 39-19543; Docket No. FAA-
2018-0902; Product Identifier 2018-NM-047-AD.
(a) Effective Date
This AD is effective March 22, 2019.
(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-
[[Page 4315]]
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., 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 (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.
(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 Requirements Bulletin B787-81205-SB340038-00
RB, Issue 001, dated November 16, 2017.
(ii) Boeing Service Bulletin B787-81205-SB340013-00, Issue 002,
dated May 6, 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 January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-02160 Filed 2-14-19; 8:45 am]
BILLING CODE 4910-13-P