Airworthiness Directives; The Boeing Company Airplanes, 53404-53407 [2018-22827]

Download as PDF khammond on DSK30JT082PROD with PROPOSAL 53404 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules This proposed action would increase the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers, and some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived from the operation of the Order. The meetings of the Audit Subcommittee and the Committee were widely publicized throughout the California raisin industry. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all subcommittee and Committee meetings, the June 13, 2018, and June 27, 2018, meetings, respectively, were public meetings, and all entities, both large and small, were able to express views on this issue. Interested persons are invited to submit comments on this proposed rule, including the regulatory and information collection impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order’s information collection requirements have been previously approved by the OMB and assigned OMB No. 0581–0178 Vegetable and Specialty Crops. No changes in those requirements would be necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would not impose any additional reporting or recordkeeping requirements on either small or large California raisin handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/ rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 List of Subjects in 7 CFR Part 989 Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 989 is proposed to be amended as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 989.347 is revised to read as follows: ■ § 989.347 Assessment rate. On and after August 1, 2018, an assessment rate of $22.00 per ton is established for assessable raisins produced from grapes grown in California. Dated: October 17, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018–23091 Filed 10–22–18; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Examining the AD Docket 14 CFR Part 39 [Docket No. FAA–2018–0902; Product Identifier 2018–NM–047–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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. SUMMARY: PO 00000 Frm 00003 Fmt 4702 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. DATES: Sfmt 4702 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: nelson.sanchez@faa.gov. 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– E:\FR\FM\23OCP1.SGM 23OCP1 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules 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. (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. Related Service Information Under 1 CFR Part 51 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. 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 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 53405 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 Action Labor cost Records check or inspection ...................... Software installation .................................... Concurrent actions ...................................... 1 work-hour × $85 per hour = $85 ........... 4 work-hours × $85 per hour = $340 ....... 4 work-hours × $85 per hour = $340 ....... khammond on DSK30JT082PROD with PROPOSAL 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: VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 ‘‘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. PO 00000 Frm 00004 Fmt 4702 Cost per product Parts cost Sfmt 4702 $0 0 0 $85 340 340 Cost on U.S. operators $12,240. Up to $48,960. Up to $48,960. 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 E:\FR\FM\23OCP1.SGM 23OCP1 53406 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ The Boeing Company: Docket No. FAA– 2018–0902; Product Identifier 2018– NM–047–AD. khammond on DSK30JT082PROD with PROPOSAL (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. VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 (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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (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: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov. (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., E:\FR\FM\23OCP1.SGM 23OCP1 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules Des Moines, WA 98198; phone and fax: 206– 231–3543; email: nelson.sanchez@faa.gov. (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 DEPARTMENT OF TRANSPORTATION Examining the AD Docket Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0895; Product Identifier 2018–CE–037–AD] RIN 2120–AA64 Airworthiness Directives; Pacific Aerospace Limited Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as non-compliant insulation lagging on the refrigerant hoses of the air-conditioning system. We are issuing this proposed AD to require actions to address the unsafe condition on these products. SUMMARY: We must receive comments on this proposed AD by December 7, 2018. ADDRESSES: You may send comments 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, khammond on DSK30JT082PROD with PROPOSAL DATES: VerDate Sep<11>2014 17:09 Oct 22, 2018 Jkt 247001 Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: pacific@ aerospace.co.nz; internet: www.aerospace.co.nz. You may review this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0895; 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4144; fax: (816) 329–4090; email: mike.kiesov@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2018–0895; Product Identifier 2018–CE–037–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to http:// regulations.gov, including any personal PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 53407 information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The Civil Aviation Authority (CAA), which is the aviation authority for New Zealand, has issued AD DCA/750XL/29, dated July 5, 2018 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI states: The insulation lagging provided by the airconditioning supplier has been found to be non-compliant and may cause large amounts of smoke in the cabin in the event of a fire. DCA/750XL/29 issued to mandate the instructions in Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/086 issue 2, dated 6 April 2018, or later approved revision to correct non-compliant insulation lagging on the refrigerant hoses of the airconditioning system. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2018–0895. Related Service Information Under 1 CFR Part 51 Pacific Aerospace Limited has issued Pacific Aerospace Service Bulletin PACSB/XL/086, Issue 2, dated April 6, 2018. The service information provides instructions for replacing the noncompliant insulation lagging with compliant materials. 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 and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Costs of Compliance We estimate that this proposed AD will affect 22 products of U.S. registry. We also estimate that it would take about 32 work-hours per product to comply with the basic requirements of this proposed AD. The average labor E:\FR\FM\23OCP1.SGM 23OCP1

Agencies

[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).

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                                                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.
----------------------------------------------------------------------------------------------------------------

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