Airworthiness Directives; The Boeing Company Airplanes, 53404-53407 [2018-22827]
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khammond on DSK30JT082PROD with PROPOSAL
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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: https://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.
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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:
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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
https://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 https://www.regulations.gov by
searching for and locating Docket No.
FAA–2018–0902.
DATES:
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You may examine the AD docket on
the internet at https://
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–
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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 https://
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 https://
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
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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:
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‘‘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.
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Cost per
product
Parts cost
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$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
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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.
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(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
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(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.,
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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
https://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:
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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 https://
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 https://
regulations.gov, including any personal
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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 https://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
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]]>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).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 787 series airplanes. This proposed AD was
prompted by a report of an uncommanded descent and turn that occurred
after an inflight switch to the spare flight management function (FMF).
This proposed AD would require an inspection of the flight management
system (FMS) to determine if certain operational program software (OPS)
is installed and installation of new FMS OPS and a software check if
necessary. For certain airplanes, this proposed AD would also require
concurrent actions. We are proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on this proposed AD by December 7,
2018.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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 https://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 https://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 https://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 https://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0902.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Differences Between This Proposed AD and the Service Information
The effectivity of Boeing Alert Requirements Bulletin B787-81205-
SB340038-00 RB, Issue 001, dated November 16, 2017, is limited to
certain Model 787-8 and 787-9 airplanes. However, the applicability of
this proposed AD includes all Boeing Model 787 series airplanes.
Because the affected software versions are rotable parts, we have
determined that these parts could later be installed on airplanes that
were initially delivered with acceptable software versions, thereby
subjecting those airplanes to the unsafe condition. This difference has
been coordinated with Boeing.
Costs of Compliance
We estimate that this proposed AD affects 144 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Records check or inspection...... 1 work-hour x $85 per $0 $85 $12,240.
hour = $85.
Software installation............ 4 work-hours x $85 per 0 340 Up to $48,960.
hour = $340.
Concurrent actions............... 4 work-hours x $85 per 0 340 Up to $48,960.
hour = $340.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated
[[Page 53406]]
appliances to the Director of the System Oversight Division.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA-2018-0902; Product Identifier
2018-NM-047-AD.
(a) Comments Due Date
We must receive comments by December 7, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 787 series
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a report of an uncommanded descent and
turn that occurred after an inflight switch to the spare flight
management function (FMF), due to the retention of stale flight data
in the spare FMF. We are issuing this AD to address the retention of
stale flight data in the spare FMF, which, if not addressed, could
result in controlled flight into terrain or a mid-air collision.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For Boeing Model 787 series airplanes that have an original
certificate of airworthiness or export certificate of airworthiness
issued on or before the effective date of this AD: Within 12 months
after the effective date of this AD, inspect the flight management
system (FMS) to determine if operational program software (OPS) part
number (P/N) HNP5F-AL11-5010 or HNP58-AL11-5006 is installed. A
review of airplane maintenance records is acceptable in lieu of this
inspection if the part number of the FMS OPS can be conclusively
determined from that review.
(2) If, during any inspection or records review required by
paragraph (g)(1) of this AD, FMS OPS P/N HNP5F-AL11-5010 or HNP58-
AL11-5006 is found: Within 12 months after the effective date of
this AD, do all applicable actions identified in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Requirements
Bulletin B787-81205-SB340038-00 RB, Issue 001, dated November 16,
2017; except where Boeing Alert Requirements Bulletin B787-81205-
SB340038-00 RB, Issue 001, dated November 16, 2017, specifies
installing 34 FMS OPS Block Point 3B, P/N HNP5E-AL11-5011, this AD
requires installing P/N HNP5E-AL11-5011 or later-approved software
versions. Later-approved software versions are only those Boeing
software versions that are approved as a replacement for the
applicable software, and are approved as part of the type design by
the FAA or the Boeing Commercial Airplanes Organization Designation
Authorization (ODA) after issuance of Boeing Alert Requirements
Bulletin B787-81205-SB340038-00 RB, Issue 001, dated November 16,
2017.
Note 1 to paragraph (g) of this AD: Guidance for accomplishing
the actions required by paragraph (g) of this AD can be found in
Boeing Alert Service Bulletin B787-81205-SB340038-00, Issue 001,
dated November 16, 2017, which is referred to in Boeing Alert
Requirements Bulletin B787-81205-SB340038-00 RB, Issue 001, dated
November 16, 2017.
(h) Concurrent Requirements
For airplanes identified in Boeing Service Bulletin B787-81205-
SB340013-00, Issue 002, dated May 6, 2016: Prior to or concurrently
with the action required by paragraph (g) of this AD, install FMS,
Thrust Management System (TMS), and Communication Management
Function (CMF) software identified in Boeing Service Bulletin B787-
81205-SB340013-00, Issue 002, dated May 6, 2016, and do a software
check, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin B787-81205-SB340013-00, Issue 002, dated May 6,
2016; except where Boeing Service Bulletin B787-81205-SB340013-00,
Issue 002, dated May 6, 2016, specifies installing software, this AD
requires installing that software or later-approved software
versions. Later-approved software versions are only those Boeing
software versions that are approved as a replacement for the
applicable software, and are approved as part of the type design by
the FAA or the Boeing Commercial Airplanes ODA after issuance of
Boeing Service Bulletin B787-81205-SB340013-00, Issue 002, dated May
6, 2016. If the software check fails, before further flight,
accomplish corrective actions and repeat the software check and
applicable corrective actions until the software check is passed.
(i) Parts Installation Prohibition
As of the effective date of this AD, installation on any
airplane of FMS OPS version HNP5F-AL11-5010 or HNP58-AL11-5006 is
prohibited, except as required by paragraph (h) of this AD.
(j) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin B787-81205-
SB340013-00, Issue 001, dated December 23, 2015.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l)(1) of this AD. Information may be
emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes ODA that has
been authorized by the Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair method, modification
deviation, or alteration deviation must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.
(l) Related Information
(1) For more information about this AD, contact Nelson Sanchez,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St.,
[[Page 53407]]
Des Moines, WA 98198; phone and fax: 206-231-3543; email:
[email protected].
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
Issued in Des Moines, Washington, on October 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-22827 Filed 10-22-18; 8:45 am]
BILLING CODE 4910-13-P
