[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Proposed Rules]
[Pages 82279-82281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25866]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2227; Project Identifier AD-2022-00113-T]
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: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 787-8, 787-9, and 787-10 
airplanes. This proposed AD was prompted by incidents related to 
throttle malfunctions during a balked landing with the auto-throttle 
(A/T) engaged, potential erroneous readings from the low range radio 
altimeter (LRRA), and possible deficiencies in low airspeed protections 
and crew alerting systems. This proposed AD would require updating the 
thrust management (TM) and displays and crew alerting (DCA) operational 
program software (OPS). The FAA is proposing this AD to address the 
unsafe conditions on these products.

DATES: The FAA must receive comments on this proposed AD by January 8, 
2024.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2227; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     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; website myboeingfleet.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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 at 
regulations.gov by searching for and locating Docket No. FAA-2023-2227.

FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer, 
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 206-231-
3548; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-2227; Project Identifier 
AD-2022-00113-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM

[[Page 82280]]

contain commercial or financial information that is customarily treated 
as private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this NPRM. Submissions containing CBI should be 
sent to Doug Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th 
St., Des Moines, WA 98198; telephone: 206-231-3548; email: 
[email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA has received reports of several incidents involving Model 
787 airplanes related to a throttle malfunction.
    The FAA has received a report indicating that a design review of 
the dual 787 LRRA system, which included an evaluation of airplane 
health management (AHM) records, determined that there is an elevated 
rate of in-service altimeter miscompare events and loss of output 
events.
    The FAA received an in-service report of a Model 787 airplane with 
flight management function (FMF) Block point (BP) 4.0 software 
experiencing the throttle returning to IDLE after manual increase of 
thrust during a balked landing with the A/T engaged.
    The FAA has reviewed a report of the investigation of an accident 
that revealed deficiencies in low airspeed protections and crew 
alerting systems on Model 777 and 787 series airplanes.
    As a result of the above, one or more of the following scenarios 
could occur.
    During landing, erroneous altimeter readings from the LRRA could 
result in the A/T not commanding IDLE during flare, and, in combination 
with improper crew reaction, could result in a runway overrun.
    In addition, if the A/T system is engaged during a manual go-around 
or missed approach and the thrust mode is set to IDLE, manual attempts 
to override the A/T system by pushing the thrust levers forward will 
not disconnect the A/T system as expected, resulting in the thrust 
levers retarding back to IDLE. This unexpected loss of thrust, if not 
corrected, could result in a loss of altitude and possible controlled 
flight into terrain (CFIT).
    Further, airplanes with versions of FMF software prior to BP 4 are 
susceptible to situations where the flightcrew may believe the airplane 
systems will prevent the airplane from having too low an airspeed for 
its flight condition, when in fact the systems do not offer that 
protection. This can also result in a CFIT event.
    While these conditions may result in a different outcome, they all 
can be addressed by the same corrective action. These conditions, if 
not addressed, could result in unsafe conditions.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021. This service 
information specifies procedures for installing updated DCA OPS 
software and doing a software configuration check.
    The FAA also reviewed Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022. This service 
information specifies procedures for installing updated TM OPS 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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, 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.

Differences Between This Proposed AD and the Service Information

    Although the service information recommends accomplishing certain 
required actions within 12 months, the FAA has determined that a 12 
month interval would not address the identified unsafe condition soon 
enough to ensure an adequate level of safety for the affected fleet. In 
developing an appropriate compliance time for this AD, the FAA 
considered the manufacturer's recommendation and the degree of urgency 
associated with the subject unsafe condition. In light of these 
factors, the FAA finds that a 6-month compliance time represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 125 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                                  Cost on U.S.
              Action                    Labor cost           Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Install and check DCA software...  3 work-hours x $85                 * $0               $255            $31,875
                                    per hour = $255.
Install and check TM software....  4 work-hours x $85                  * 0                340             42,500
                                    per hour = $340.
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* Boeing has confirmed that there is no charge for the software.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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.
    The FAA is 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

[[Page 82281]]

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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

The Boeing Company: Docket No. FAA-2023-2227; Project Identifier AD-
2022-00113-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 8, 2024.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and 
787-10 airplanes, certificated in any category, as identified in 
Boeing Alert Requirements Bulletin B787-81205-SB340053-00 RB, Issue 
001, dated November 16, 2022.

 (d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments; 
34, Navigation.

 (e) Unsafe Condition

    This proposed AD was prompted by incidents related to throttle 
malfunctions during a balked landing with the auto-throttle (A/T) 
engaged, potential erroneous readings from the low range radio 
altimeter (LRRA), and possible deficiencies in low airspeed 
protections and crew alerting systems. The FAA is issuing this AD to 
address problems with thrust management (TM) and displays and crew 
alerting (DCA) operational program software. The unsafe conditions, 
if not addressed, could result in possible runway overrun or 
controlled flight into terrain.

 (f) Compliance

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

 (g) Required Actions

    (1) For airplanes identified in Boeing Alert Requirements 
Bulletin B787-81205-SB310018-00 RB, Issue 002, dated July 15, 2021: 
Within 6 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-SB310018-00 RB, Issue 002, dated July 15, 2021.
    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin B787-81205-SB310018-00, Issue 002, dated July 15, 2021, 
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB310018-00 RB, Issue 002, dated July 15, 2021.
    (2) For airplanes identified in Boeing Alert Requirements 
Bulletin B787-81205-SB340053-00 RB, Issue 001, dated November 16, 
2022: Within 6 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-SB340053-00 RB, Issue 001, dated November 16, 2022.
    Note 2 to paragraph (g)(2): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin B787-81205-SB340053-00, Issue 001, dated November 16, 2022, 
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022.

 (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety 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 
responsible Flight Standards 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 (j) 
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 responsible Flight Standards 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, AIR-520 
Continued Operational Safety 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.

 (i) Related Information

    For more information about this AD, contact Doug Tsuji, Aviation 
Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone: 206-231-3548; email: [email protected].

 (j) 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-SB310018-00 
RB, Issue 002, dated July 15, 2021.
    (ii) Boeing Alert Requirements Bulletin B787-81205-SB340053-00 
RB, Issue 001, dated November 16, 2022.
    (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; website myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 17, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2023-25866 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-13-P