Airworthiness Directives; The Boeing Company Airplanes, 2692-2699 [2022-01030]
Download as PDF
<![CDATA[
2692
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
List of Subjects in 14 CFR Part 29
ACTION:
Final rule; request for
comments.
Aircraft, Aviation safety, Reporting,
and recordkeeping requirements.
SUMMARY:
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for the Bell Textron
Inc. Model 525 helicopter. Unless
otherwise stated, the following special
conditions will be used in lieu of
§ 29.671(c).
The rotorcraft must be shown by
analysis and tests, to be capable of
continued safe flight and landing after
any of the following failures or jamming
in the flight control system for any
speed or altitude within the approved
operating limitations, without requiring
exceptional piloting skill or strength.
Reasonably probable failures must have
only minor effects.
(1) Any failure, excluding a jam as
listed in paragraph (3).
(2) Any combination of failures not
shown to be extremely improbable,
excluding a jam as listed in paragraph
(3).
(3) Any jam in a control position
encountered during any flight
condition, including transitions, within
the approved operating limitations,
unless the jam is shown to be extremely
improbable, or can be alleviated.
Issued in Kansas City, Missouri, on January
12, 2022.
Patrick Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–00862 Filed 1–18–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
jspears on DSK121TN23PROD with RULES1
[Docket No. FAA–2022–0004; Project
Identifier AD–2022–00036–T; Amendment
39–21913; AD 2022–02–16]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 787–8, 787–9,
and 787–10 airplanes. This AD was
prompted by a determination that radio
altimeters cannot be relied upon to
perform their intended function if they
experience interference from wireless
broadband operations in the 3.7–3.98
GHz frequency band (5G C-Band), and a
recent determination that, during
landings, as a result of this interference,
certain airplane systems may not
properly transition from AIR to
GROUND mode when landing on
certain runways, resulting in degraded
deceleration performance and longer
landing distance than normal due to the
effect on thrust reverser deployment,
speedbrake deployment, and increased
idle thrust. This AD requires revising
the limitations and operating
procedures sections of the existing
airplane flight manual (AFM) to
incorporate limitations prohibiting
certain landings and the use of certain
minimum equipment list (MEL) items,
and to incorporate operating procedures
for calculating landing distances, when
in the presence of 5G C-Band
interference as identified by Notices to
Air Missions (NOTAMs). The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 19,
2022.
The FAA must receive comments on
this AD by March 7, 2022.
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.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0004; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
other information. The street address for
the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Dean Thompson, Senior Aerospace
Engineer, Systems and Equipment
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3165; email:
dean.r.thompson@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
In March 2020, the United States
Federal Communications Commission
(FCC) adopted final rules authorizing
flexible use of the 3.7–3.98 GHz band
for next generation services, including
5G and other advanced spectrum-based
services.1 Pursuant to these rules, CBand wireless broadband deployment is
permitted to occur in phases with the
opportunity for operations in the lower
0.1 GHz of the band (3.7–3.8 GHz) in
certain markets as early as January 19,
2022. This AD refers to ‘‘5G C-Band’’
interference, but wireless broadband
technologies, other than 5G, may use the
same frequency band.2 These other uses
of the same frequency band are within
the scope of this AD since they would
introduce the same risk of radio
altimeter interference as 5G C-Band.
The radio altimeter is an important
aircraft instrument, and its intended
function is to provide direct heightabove-terrain/water information to a
variety of aircraft systems. Commercial
aviation radio altimeters operate in the
4.2–4.4 GHz band, which is separated
by 0.22 GHz from the C-Band
telecommunication systems in the 3.7–
3.98 GHz band. The radio altimeter is
more precise than a barometric altimeter
and for that reason is used where
aircraft height over the ground needs to
be precisely measured, such as
autoland, manual landings, or other low
altitude operations. The receiver on the
radio altimeter is typically highly
accurate, however it may deliver
erroneous results in the presence of outof-band radio frequency emissions from
other frequency bands. The radio
altimeter must detect faint signals
reflected off the ground to measure
altitude, in a manner similar to radar.
Out-of-band signals could significantly
degrade radio altimeter functions during
critical phases of flight, if the altimeter
is unable to sufficiently reject those
signals.
1 The FCC’s rules did not make C-Band wireless
broadband available in Alaska, Hawaii, and the U.S.
Territories.
2 The regulatory text of the AD uses the term ‘‘5G
C-Band’’ which, for purposes of this AD, has the
same meaning as ‘‘5G’’, ‘‘C-Band’’ and ‘‘3.7–3.98
GHz.’’
E:\FR\FM\19JAR1.SGM
19JAR1
jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
The FAA issued AD 2021–23–12,
Amendment 39–21810 (86 FR 69984,
December 9, 2021) (AD 2021–23–12) to
address the effect of 5G C-Band
interference on all transport and
commuter category airplanes equipped
with a radio (also known as radar)
altimeter. AD 2021–23–12 requires
revising the limitations section of the
existing AFM to incorporate limitations
prohibiting certain operations, which
require radio altimeter data to land in
low visibility conditions, when in the
presence of 5G C-Band interference as
identified by NOTAM. The FAA issued
AD 2021–23–12 because radio altimeter
anomalies that are undetected by the
automation or pilot, particularly close to
the ground (e.g., landing flare), could
lead to loss of continued safe flight and
landing.
Since the FAA issued AD 2021–23–
12, Boeing issued Boeing Multi Operator
Message MOM–MOM–22–0001–01B,
dated January 3, 2022, and Boeing Flight
Crew Operations Manual Bulletin TBC–
119, ‘‘Radio Altimeter Anomalies due to
5G C-Band Wireless Broadband
Interference in the United States,’’ dated
January 5, 2022.
Based on Boeing’s data, the FAA
identified an additional hazard
presented by 5G C-Band interference on
The Boeing Company Model 787–8,
787–9, and 787–10 airplanes. The FAA
determined anomalies due to 5G C-Band
interference may affect multiple other
airplane systems using radio altimeter
data, regardless of the approach type or
weather. These anomalies may not be
evident until very low altitudes.
Impacted systems include, but are not
limited to: Autopilot flight director
system; autothrottle system; engines;
thrust reversers; flight controls; flight
instruments; traffic alert and collision
avoidance system (TCAS); ground
proximity warning system (GPWS); and
configuration warnings.
Many of an airplane’s systems and
functions are divided into two modes:
Those that operate when an airplane is
flying (AIR), and those that operate
when an airplane is on the ground
(GROUND). During landing, this
interference could prevent an airplane’s
systems and functions from properly
transitioning from AIR to GROUND
mode, which may have multiple effects,
including:
• Autothrottle may remain in speed
(SPD) mode and may increase thrust to
maintain speed during flare instead of
reducing the thrust to IDLE at 25 feet
radio altitude (RA) or may reduce thrust
to IDLE prematurely.
• Thrust reversers may not deploy
above 65 knots during the landing roll.
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
• Engines may remain at approach
idle after touchdown until 65 knots
during the landing roll.
• Auto Speedbrake may be
inoperative during the landing roll.
• SPEEDBRAKE EXTENDED Caution
message may not be available during the
landing roll.
• SPEEDBRAKE time critical visual
and aural warnings may not be available
during the landing roll.
• Spoilers may be limited to their
maximum in-flight position during
manual deployment after touchdown
until 65 knots during the landing roll.
• Other simultaneous flight deck
effects associated with the 5G C-Band
interference could increase pilot
workload.
As a result of these effects, lack of
thrust reverser and speedbrake
deployment and increased idle thrust
may occur; and brakes may be the only
means to slow the airplane. Therefore,
the presence of 5G C-Band interference
can result in degraded deceleration
performance, increased landing
distance, and runway excursion. This is
an unsafe condition.
The severity of the hazard created by
a lack of thrust reverser and
speedbrakes, and by increased idle
thrust, increases when the runway is
contaminated with frozen or liquid
precipitation. The FAA categorizes
runway surface conditions with codes
from 6 through 0, with 6 being a dry
runway and therefore no detrimental
effect on braking, and a code of 0
denoting surface conditions, such as wet
ice, in which braking may not be
effective.
This AD mandates procedures for
operators to account for this longer
landing distance, for all runway
conditions, in the presence of 5G CBand interference as identified by
NOTAM. It prohibits operators from
dispatching or releasing airplanes to
affected airports when certain braking
and anti-skid functions on the airplane
are inoperable. It also prohibits
operators from dispatching or releasing
airplanes to, or landing on, runways
with condition codes 1 and 0.
The FAA is issuing this AD to address
the unsafe condition on these products.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD requires revising the
limitations and operating procedures
sections of the existing AFM to
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
2693
incorporate limitations prohibiting
certain landings and the use of certain
MEL items, and to incorporate operating
procedures for calculating required
landing field lengths, when in the
presence of 5G C-Band interference as
identified by NOTAMs.
Compliance With AFM Revisions
Section 91.9 prohibits any person
from operating a civil aircraft without
complying with the operating
limitations specified in the AFM. FAA
regulations also require operators to
furnish pilots with any changes to the
AFM (14 CFR 121.137) and pilots in
command to be familiar with the AFM
(14 CFR 91.505).
Interim Action
The FAA considers this AD to be an
interim action. If final action is later
identified, the FAA might consider
further rulemaking.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because, during landings, as a
result of 5G C-Band interference, certain
airplane systems may not properly
transition from AIR to GROUND mode
when landing on certain runways,
resulting in degraded deceleration
performance and a longer landing
distance than normal due to the effect
on thrust reverser deployment,
speedbrake deployment, and increased
idle thrust. This could lead to a runway
excursion. The urgency is based on CBand wireless broadband deployment,
which is expected to occur in phases
with operations beginning as soon as
January 19, 2022. Accordingly, notice
and opportunity for prior public
comment are impracticable and contrary
E:\FR\FM\19JAR1.SGM
19JAR1
2694
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
to the public interest pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this final rule.
Comments Invited
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include Docket No. FAA–2022–0004
and Project Identifier AD–2022–00036–
T at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
of this AD. Submissions containing CBI
should be sent to Dean Thompson,
Senior Aerospace Engineer, Systems
and Equipment Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3165; email: dean.r.thompson@
faa.gov. Any commentary that the FAA
receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without notice
and comment, RFA analysis is not
required.
Costs of Compliance
The FAA estimates that this AD
affects 137 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS
Action
Labor cost
AFM revision ..........................
1 work-hour × $85 per hour = $85 .........................................
jspears on DSK121TN23PROD with RULES1
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
Cost per
product
Parts cost
$0
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
§ 39.13
List of Subjects in 14 CFR Part 39
(b) Affected ADs
None.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Cost on U.S.
operators
$85
$11,645
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–02–16 The Boeing Company:
Amendment 39–21913; Docket No.
FAA–2022–0004; Project Identifier AD–
2022–00036–T.
(a) Effective Date
This airworthiness directive (AD) is
effective January 19, 2022.
(c) Applicability
This AD applies to The Boeing Company
Model 787–8, 787–9, and 787–10 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 determination
that radio altimeters cannot be relied upon to
perform their intended function if they
experience interference from wireless
broadband operations in the 3.7–3.98 GHz
frequency band (5G C-Band), and a
determination that, during landings, as a
result of this interference, certain airplane
systems may not properly transition from
E:\FR\FM\19JAR1.SGM
19JAR1
AIR to GROUND mode when landing on
certain runways, resulting in a longer landing
distance than normal due to the effect on
thrust reverser deployment, speedbrake
deployment, and increased idle thrust. The
FAA is issuing this AD to address degraded
deceleration performance and longer landing
distance, which could lead to a runway
excursion.
(h) Airplane Flight Manual (AFM) Revision
(1) Within 2 days after the effective date of
this AD: Revise the Limitations Section of the
existing AFM to include the information
specified in figure 2 to paragraph (h)(1) of
this AD. This may be done by inserting a
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
2695
(g) Definitions
Runway condition codes are defined in
figure 1 to paragraph (g) of this AD.
copy of figure 2 to paragraph (h)(1) of this AD
into the existing AFM.
E:\FR\FM\19JAR1.SGM
19JAR1
ER19JA22.077</GPH>
jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
(2) Within 2 days after the effective date of
this AD: Revise the Operating Procedures
Section of the existing AFM to include the
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
information specified in figure 3 to paragraph
(h)(2) of this AD. This may be done by
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
inserting a copy of figure 3 to paragraph
(h)(2) of this AD into the existing AFM.
E:\FR\FM\19JAR1.SGM
19JAR1
ER19JA22.078</GPH>
2696
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4725
E:\FR\FM\19JAR1.SGM
19JAR1
2697
ER19JA22.079</GPH>
jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
VerDate Sep<11>2014
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
16:00 Jan 18, 2022
Jkt 256001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4725
E:\FR\FM\19JAR1.SGM
19JAR1
ER19JA22.080</GPH>
jspears on DSK121TN23PROD with RULES1
2698
Note 1 to paragraph (h): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Multi Operator
Message MOM–MOM–22–0001–01B, dated
January 3, 2022, and Boeing Flight Crew
Operations Manual Bulletin TBC–119,
‘‘Radio Altimeter Anomalies due to 5G CBand Wireless Broadband Interference in the
United States,’’ dated January 5, 2022.
jspears on DSK121TN23PROD with RULES1
(i) 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 responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (j)(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 responsible Flight Standards Office.
(3) AMOCs approved for AD 2021–23–12,
Amendment 39–21810 (86 FR 69984,
December 9, 2021) providing relief for
specific radio altimeter installations are
approved as AMOCs for the provisions of this
AD.
(j) Related Information
(1) For more information about this AD,
contact Dean Thompson, Senior Aerospace
Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3165; email: dean.r.thompson@
faa.gov.
VerDate Sep<11>2014
16:00 Jan 18, 2022
Jkt 256001
(2) For service information identified in
this AD that is not incorporated by reference,
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.
(k) Material Incorporated by Reference
None.
Issued on January 13, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–01030 Filed 1–14–22; 2:00 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0793; Project
Identifier MCAI–2021–00372–E; Amendment
39–21885; AD 2021–26–26]
RIN 2120–AA64
Airworthiness Directives; Safran
Helicopter Engines, S.A. (Type
Certificate Previously Held by
Turbomeca S.A.) Turboshaft Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2005–12–
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
2699
08 for certain Safran Helicopter Engines,
S.A. (Safran Helicopter Engines) Arrius
2B1, 2B1A, 2B1A–1, and 2B2 model
turboshaft engines. AD 2005–12–08
required replacing the software in the
engine electronic control unit (EECU).
This AD was prompted by a report of
simultaneous loss of automatic control
on both engines installed on an Airbus
Helicopters Deutschland (formerly
Eurocopter Deutschland) EC135
helicopter during flight. This AD
requires replacement of the EECU or
upgrade of the EECU software for
engines with a certain EECU part
number (P/N) installed. This AD also
prohibits installation of an affected
EECU onto any engine. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 23,
2022.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 23, 2022.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of June 29, 2005 (70 FR
34334, June 14, 2005).
ADDRESSES: For service information
identified in this final rule, contact
Safran Helicopter Engines, S.A., Avenue
du 1er Mai, 40220 Tarnos, France;
phone: +33 (0) 5 59 74 45 00. You may
view this service information at the
Airworthiness Products Section,
E:\FR\FM\19JAR1.SGM
19JAR1
ER19JA22.081</GPH>
Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations
]]>Agencies
[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2692-2699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01030]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0004; Project Identifier AD-2022-00036-T;
Amendment 39-21913; AD 2022-02-16]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD
was prompted by a determination that radio altimeters cannot be relied
upon to perform their intended function if they experience interference
from wireless broadband operations in the 3.7-3.98 GHz frequency band
(5G C-Band), and a recent determination that, during landings, as a
result of this interference, certain airplane systems may not properly
transition from AIR to GROUND mode when landing on certain runways,
resulting in degraded deceleration performance and longer landing
distance than normal due to the effect on thrust reverser deployment,
speedbrake deployment, and increased idle thrust. This AD requires
revising the limitations and operating procedures sections of the
existing airplane flight manual (AFM) to incorporate limitations
prohibiting certain landings and the use of certain minimum equipment
list (MEL) items, and to incorporate operating procedures for
calculating landing distances, when in the presence of 5G C-Band
interference as identified by Notices to Air Missions (NOTAMs). The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 19, 2022.
The FAA must receive comments on this AD by March 7, 2022.
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.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0004; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Dean Thompson, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3165;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
In March 2020, the United States Federal Communications Commission
(FCC) adopted final rules authorizing flexible use of the 3.7-3.98 GHz
band for next generation services, including 5G and other advanced
spectrum-based services.\1\ Pursuant to these rules, C-Band wireless
broadband deployment is permitted to occur in phases with the
opportunity for operations in the lower 0.1 GHz of the band (3.7-3.8
GHz) in certain markets as early as January 19, 2022. This AD refers to
``5G C-Band'' interference, but wireless broadband technologies, other
than 5G, may use the same frequency band.\2\ These other uses of the
same frequency band are within the scope of this AD since they would
introduce the same risk of radio altimeter interference as 5G C-Band.
---------------------------------------------------------------------------
\1\ The FCC's rules did not make C-Band wireless broadband
available in Alaska, Hawaii, and the U.S. Territories.
\2\ The regulatory text of the AD uses the term ``5G C-Band''
which, for purposes of this AD, has the same meaning as ``5G'', ``C-
Band'' and ``3.7-3.98 GHz.''
---------------------------------------------------------------------------
The radio altimeter is an important aircraft instrument, and its
intended function is to provide direct height-above-terrain/water
information to a variety of aircraft systems. Commercial aviation radio
altimeters operate in the 4.2-4.4 GHz band, which is separated by 0.22
GHz from the C-Band telecommunication systems in the 3.7-3.98 GHz band.
The radio altimeter is more precise than a barometric altimeter and for
that reason is used where aircraft height over the ground needs to be
precisely measured, such as autoland, manual landings, or other low
altitude operations. The receiver on the radio altimeter is typically
highly accurate, however it may deliver erroneous results in the
presence of out-of-band radio frequency emissions from other frequency
bands. The radio altimeter must detect faint signals reflected off the
ground to measure altitude, in a manner similar to radar. Out-of-band
signals could significantly degrade radio altimeter functions during
critical phases of flight, if the altimeter is unable to sufficiently
reject those signals.
[[Page 2693]]
The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12) to address the effect of 5G C-Band
interference on all transport and commuter category airplanes equipped
with a radio (also known as radar) altimeter. AD 2021-23-12 requires
revising the limitations section of the existing AFM to incorporate
limitations prohibiting certain operations, which require radio
altimeter data to land in low visibility conditions, when in the
presence of 5G C-Band interference as identified by NOTAM. The FAA
issued AD 2021-23-12 because radio altimeter anomalies that are
undetected by the automation or pilot, particularly close to the ground
(e.g., landing flare), could lead to loss of continued safe flight and
landing.
Since the FAA issued AD 2021-23-12, Boeing issued Boeing Multi
Operator Message MOM-MOM-22-0001-01B, dated January 3, 2022, and Boeing
Flight Crew Operations Manual Bulletin TBC-119, ``Radio Altimeter
Anomalies due to 5G C-Band Wireless Broadband Interference in the
United States,'' dated January 5, 2022.
Based on Boeing's data, the FAA identified an additional hazard
presented by 5G C-Band interference on The Boeing Company Model 787-8,
787-9, and 787-10 airplanes. The FAA determined anomalies due to 5G C-
Band interference may affect multiple other airplane systems using
radio altimeter data, regardless of the approach type or weather. These
anomalies may not be evident until very low altitudes. Impacted systems
include, but are not limited to: Autopilot flight director system;
autothrottle system; engines; thrust reversers; flight controls; flight
instruments; traffic alert and collision avoidance system (TCAS);
ground proximity warning system (GPWS); and configuration warnings.
Many of an airplane's systems and functions are divided into two
modes: Those that operate when an airplane is flying (AIR), and those
that operate when an airplane is on the ground (GROUND). During
landing, this interference could prevent an airplane's systems and
functions from properly transitioning from AIR to GROUND mode, which
may have multiple effects, including:
Autothrottle may remain in speed (SPD) mode and may
increase thrust to maintain speed during flare instead of reducing the
thrust to IDLE at 25 feet radio altitude (RA) or may reduce thrust to
IDLE prematurely.
Thrust reversers may not deploy above 65 knots during the
landing roll.
Engines may remain at approach idle after touchdown until
65 knots during the landing roll.
Auto Speedbrake may be inoperative during the landing
roll.
SPEEDBRAKE EXTENDED Caution message may not be available
during the landing roll.
SPEEDBRAKE time critical visual and aural warnings may not
be available during the landing roll.
Spoilers may be limited to their maximum in-flight
position during manual deployment after touchdown until 65 knots during
the landing roll.
Other simultaneous flight deck effects associated with the
5G C-Band interference could increase pilot workload.
As a result of these effects, lack of thrust reverser and
speedbrake deployment and increased idle thrust may occur; and brakes
may be the only means to slow the airplane. Therefore, the presence of
5G C-Band interference can result in degraded deceleration performance,
increased landing distance, and runway excursion. This is an unsafe
condition.
The severity of the hazard created by a lack of thrust reverser and
speedbrakes, and by increased idle thrust, increases when the runway is
contaminated with frozen or liquid precipitation. The FAA categorizes
runway surface conditions with codes from 6 through 0, with 6 being a
dry runway and therefore no detrimental effect on braking, and a code
of 0 denoting surface conditions, such as wet ice, in which braking may
not be effective.
This AD mandates procedures for operators to account for this
longer landing distance, for all runway conditions, in the presence of
5G C-Band interference as identified by NOTAM. It prohibits operators
from dispatching or releasing airplanes to affected airports when
certain braking and anti-skid functions on the airplane are inoperable.
It also prohibits operators from dispatching or releasing airplanes to,
or landing on, runways with condition codes 1 and 0.
The FAA is issuing this AD to address the unsafe condition on these
products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD requires revising the limitations and operating procedures
sections of the existing AFM to incorporate limitations prohibiting
certain landings and the use of certain MEL items, and to incorporate
operating procedures for calculating required landing field lengths,
when in the presence of 5G C-Band interference as identified by NOTAMs.
Compliance With AFM Revisions
Section 91.9 prohibits any person from operating a civil aircraft
without complying with the operating limitations specified in the AFM.
FAA regulations also require operators to furnish pilots with any
changes to the AFM (14 CFR 121.137) and pilots in command to be
familiar with the AFM (14 CFR 91.505).
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because, during landings, as a result of 5G C-Band interference,
certain airplane systems may not properly transition from AIR to GROUND
mode when landing on certain runways, resulting in degraded
deceleration performance and a longer landing distance than normal due
to the effect on thrust reverser deployment, speedbrake deployment, and
increased idle thrust. This could lead to a runway excursion. The
urgency is based on C-Band wireless broadband deployment, which is
expected to occur in phases with operations beginning as soon as
January 19, 2022. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary
[[Page 2694]]
to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2022-0004 and Project Identifier AD-
2022-00036-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Dean
Thompson, Senior Aerospace Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3165; email: [email protected]. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 137 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
AFM revision.......................... 1 work-hour x $85 per $0 $85 $11,645
hour = $85.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2022-02-16 The Boeing Company: Amendment 39-21913; Docket No. FAA-
2022-0004; Project Identifier AD-2022-00036-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 19, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that,
during landings, as a result of this interference, certain airplane
systems may not properly transition from
[[Page 2695]]
AIR to GROUND mode when landing on certain runways, resulting in a
longer landing distance than normal due to the effect on thrust
reverser deployment, speedbrake deployment, and increased idle
thrust. The FAA is issuing this AD to address degraded deceleration
performance and longer landing distance, which could lead to a
runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
Runway condition codes are defined in figure 1 to paragraph (g)
of this AD.
[GRAPHIC] [TIFF OMITTED] TR19JA22.077
(h) Airplane Flight Manual (AFM) Revision
(1) Within 2 days after the effective date of this AD: Revise
the Limitations Section of the existing AFM to include the
information specified in figure 2 to paragraph (h)(1) of this AD.
This may be done by inserting a copy of figure 2 to paragraph (h)(1)
of this AD into the existing AFM.
[[Page 2696]]
[GRAPHIC] [TIFF OMITTED] TR19JA22.078
(2) Within 2 days after the effective date of this AD: Revise
the Operating Procedures Section of the existing AFM to include the
information specified in figure 3 to paragraph (h)(2) of this AD.
This may be done by inserting a copy of figure 3 to paragraph (h)(2)
of this AD into the existing AFM.
[[Page 2697]]
[GRAPHIC] [TIFF OMITTED] TR19JA22.079
[[Page 2698]]
[GRAPHIC] [TIFF OMITTED] TR19JA22.080
[[Page 2699]]
[GRAPHIC] [TIFF OMITTED] TR19JA22.081
Note 1 to paragraph (h): Guidance for accomplishing the actions
required by this AD can be found in Boeing Multi Operator Message
MOM-MOM-22-0001-01B, dated January 3, 2022, and Boeing Flight Crew
Operations Manual Bulletin TBC-119, ``Radio Altimeter Anomalies due
to 5G C-Band Wireless Broadband Interference in the United States,''
dated January 5, 2022.
(i) 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 responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j)(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 responsible Flight Standards Office.
(3) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the provisions of
this AD.
(j) Related Information
(1) For more information about this AD, contact Dean Thompson,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3165; email: [email protected].
(2) For service information identified in this AD that is not
incorporated by reference, 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.
(k) Material Incorporated by Reference
None.
Issued on January 13, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01030 Filed 1-14-22; 2:00 pm]
BILLING CODE 4910-13-P
