Airworthiness Directives; The Boeing Company Airplanes, 76413-76416 [2024-21144]

Download as PDF Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2023–0191, dated November 2, 2023 (EASA AD 2023–0191). khammond on DSKJM1Z7X2PROD with RULES (h) Exceptions to EASA AD 2023–0191 (1) Where EASA AD 2023–0191 refers to October 27, 2020 (the effective date of EASA AD 2020–0221), this AD requires using December 3, 2020 (the effective date of AD 2020–23–13, Amendment 39–21330 (85 FR 73407, November 18, 2020)). (2) Where EASA AD 2023–0191 refers to February 2, 2021 (the effective date of EASA AD 2021–0024), this AD requires using October 5, 2021 (the effective date of AD 2021–17–02). (3) Where paragraph (2) of EASA AD 2023– 0191 refers to ‘‘discrepancies,’’ for this AD, discrepancies include, but are not limited to, wire damage, missing or damaged conduits, and incorrect routing of wiring and conduits. (4) Where paragraph (8) of EASA AD 2023– 0191 specifies ‘‘accomplish the additional work as identified in’’ replace that text with ‘‘accomplish the additional work as identified in section ‘1—ADDITIONAL WORK.’ ’’ (5) Where paragraphs (4) and (5) of EASA AD 2023–0191 specify to ‘‘inform all flight crews, and, thereafter, operate the aeroplane accordingly,’’ this AD does not require those actions, as those actions are already required by existing FAA operating regulations (see 14 CFR 91.9, 91.505, and 121.137). (6) Where EASA AD 2023–0191 refers to its effective date, this AD requires using the effective date of this AD. (7) Where EASA AD 2023–0191 refers to July 19, 2023 (the effective date of EASA AD 2023–0134), this AD requires using the effective date of this AD. (8) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0191. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation 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 International Validation Branch, mail it to the address identified in paragraph (j) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions VerDate Sep<11>2014 16:08 Sep 17, 2024 Jkt 262001 from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or ATR–GIE Avions de Transport Régional’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (j) Additional Information For more information about this AD, contact Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3220; email Shahram.Daneshmandi@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0191, dated November 2, 2023. (ii) [Reserved] (3) For EASA AD 2023–0191, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on September 12, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–21178 Filed 9–17–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–2227; Project Identifier AD–2022–00113–T; Amendment 39–22813; AD 2024–16–07] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 76413 The Boeing Company Model 787–8, 787–9, and 787–10 airplanes. This AD was prompted by incidents related to erroneous autothrottle (A/T) behavior during a balked landing with the A/T engaged, potential erroneous readings from the low range radio altimeter (LRRA), and possible deficiencies in low airspeed protections and crew alerting systems. This AD requires updating the thrust management (TM) and displays and crew alerting (DCA) operational program software (OPS). The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 23, 2024. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 23, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–2227; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For Boeing material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA–2023–2227. FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 206–231–3548; email: Douglas.Tsuji@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 787–8, 787–9, and 787–10 airplanes. The NPRM published in the Federal Register on November 24, 2023 (88 FR 82279). E:\FR\FM\18SER1.SGM 18SER1 76414 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations The NPRM was prompted by incidents related to erroneous A/T behavior during a balked landing with the A/T engaged, potential erroneous readings from the LRRA, and possible deficiencies in low airspeed protections and crew alerting systems. In the NPRM, the FAA proposed to require updating the TM and DCA OPS. The FAA is issuing this AD to address problems with the TM and DCA OPS, which could result in possible runway overrun or controlled flight into terrain. Discussion of Final Airworthiness Directive khammond on DSKJM1Z7X2PROD with RULES Comments The FAA received a comment from an individual who supported the NPRM without change. The FAA also received comments from four commenters, including Air Canada, American Airlines, Boeing, and Qatar Airways. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Allow Use of Additional Service Information Air Canada and Qatar Airways requested that paragraph (g)(1) of the proposed AD be revised to also allow compliance using Boeing Alert Requirements Bulletin B787–81205– SB310018–00 RB, Issue 001, dated August 3, 2020, for aircraft on which installation of the DCA software update has already been done using Boeing Alert RB B787–81205–SB310018–00 RB, Issue 001, dated August 3, 2020. The FAA agrees with the commenters. There are no technical differences between Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 002, dated July 15, 2021, and Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 001, dated August 3, 2020. The FAA has changed paragraph (g)(1) to include Boeing Alert RB B787–81205– SB310018–00 RB, Issue 001, dated August 3, 2020, as acceptable for use before the effective date of this AD. American Airlines and Qatar Airways requested that the proposed AD be revised to ensure that subsequent approved versions of DCA OPS and TM OPS software will still be compliant with the proposed AD. American Airlines requested that paragraph (g) of the proposed AD be revised to read as follows: For airplanes identified in paragraph (g) of this AD: Within 6 months after the effective date of this AD, install DCA OPS P/N COL47–0014–0031 or later-approved software version and TM OPS P/N HNP55– AL12–5008 or later-approved software VerDate Sep<11>2014 16:08 Sep 17, 2024 Jkt 262001 version at the locations specified in the Service Bulletins. Both the installation and the check must be done in accordance with a method approved by the Manager, AIR– 520, Continues Operation Safety Branch, FAA. Later approved software versions are those Boeing software versions that are approved as a replacement for the DCA OPS P/N COL47–0014–0031 and TM OPS P/N HNP55–AL12–5008 and are approved as part of the type design by the FAA or by The Boeing Company Organization Designation Authorization (ODA). The FAA infers this request is to reduce the need for alternative methods of compliance (AMOCs) for subsequent (newer) approved versions of DCA OPS and TM OPS software. The FAA partially agrees with the commenters. The FAA agrees that without the usage of the terminology ‘‘or later approved software’’ or some variation of the wording that allows the use of later-approved software, historically ADs related to software changes that did not have this wording have resulted in multiple AMOCs for software updates. The FAA disagrees with the need to add ‘‘or later approved software’’ language to paragraph (g) of this AD because this provision is found in Boeing Requirements Bulletins B787– 81205–SB310018–00 RB, Issue 002, dated July 15, 2021, and Boeing Alert Requirements Bulletin B787–81205– SB340053–00 RB, Issue 001, dated November 16, 2022, which are required by paragraphs (g)(1) and (2) of this AD, respectively. The FAA has not changed this AD in regard to this comment. Requests To Clarify Terms in the NPRM Boeing requested that ‘‘throttle malfunction’’ be replaced with ‘‘erroneous autothrottle (A/T) behavior’’ in the Summary and Background of the NPRM, and paragraph (e) in the proposed AD, because the description incorrectly describes what occurred. The FAA agrees that erroneous A/T behavior is a more accurate description of the occurrence. The full Background section is not restated in this final rule. The FAA has changed the Summary of the NPRM and paragraph (e) of this AD accordingly. Boeing also requested that in the Background section, third paragraph, ‘‘flight management function (FMF)’’ be replaced with ‘‘Flight Management Function (FMF)/Thrust Management Function (TMF) Block Point (BP) 4.0’’ because the behavior was due to the design changes included in the thrust management operation software and flight management BP 4.0. The FAA agrees that FMF/TMF BP 4.0 more accurately describes the associated change; however, the full text of the NPRM Background section is not PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 repeated in the final rule, so no further change is necessary to this final rule. Boeing further requested that the Background section, sixth paragraph, be revised to read ‘‘Airplanes with version TMF software BP 4 installed, the A/T system is engaged during a manual goaround or missed approach . . .’’ because the behavior seen during a balked landing was introduced with TMF BP 4.0. The FAA agrees that the issue of erroneous A/T behavior was introduced by FMF/TMF BP 4; however, the full text of the NPRM Background section is not repeated in the final rule, so no further change is necessary to this final rule. Request To Delete Terms Boeing requested that the FAA revise the NPRM to delete any reference related to ‘‘possible deficiencies in low airspeed protections and crew alerting systems,’’ ‘‘crew alerting systems,’’ ‘‘displays and crew alerting (DCA),’’ ‘‘crew alerting (DCA) operational software (OPS),’’ ‘‘install and check DCA software,’’ and ‘‘The FAA reviewed Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 002, dated July 15, 2021. This service information specifies procedures for installing updated DCA OPS software and doing a software configuration check’’ because the design change included in TMF 4.1 (TMF BP 4.1) to address 20–PAD–0048 (Erroneous A/T Behavior During Balked Landing) and 20–AD–0054 (Erroneous Low Range Radio Altimeter Readings) is not dependent on a DCA OPS update. Boeing also requested that the FAA revise the NPRM to delete the following statements: The FAA has reviewed a report of the investigation of an accident that revealed deficiencies in low airspeed protections and crew alerting systems on Model 777 and 787. Further, airplanes with versions of FMF software prior to BP 4 are susceptible to situations where the flightcrew may believe the airplane systems will prevent the airplane from having too low an airspeed for its flight condition, when in fact the systems do not offer that protection. This can also result in a CFIT event. Boeing requested these deletions because the autothrottle low airspeed enhancements were implemented in FMF/TMF BP 4.0. The FAA acknowledges that the changes associated with TMF BP 4.1 needed to address the issue of erroneous A/T behavior and erroneous LRRA readings are not dependent upon a DCA OPS update, but the FAA disagrees with removing any reference to the ‘‘deficiencies in low airspeed E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations protections and crew alerting systems’’ or ‘‘crew alerting (DCA) OPS.’’ Some changes associated with TMF BP 4.1 are to fix an unsafe condition (A/T issue) introduced by the previous TMF update BP 4. The FAA had intended to mandate TMF BP 4 (in combination with a DCA OPS update) to address the unsafe condition of insufficient low airspeed protections and crew alerting systems but had to postpone AD action until TMF BP 4.1 was available over three years later. While TMF BP 4.1 includes the TMF BP 4 updates addressing low airspeed protections, this is the first time the FAA has mandated requirements to address this unsafe condition. The FAA has not changed this AD in regard to this comment. The ‘‘Related Service Information Under 1 CFR part 51’’ section of the NPRM described the procedures specified in Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, and then added that the FAA ‘‘also’’ reviewed Boeing Alert Requirements Bulletin B787–81205–SB340053–00 RB, Issue 001, dated November 16, 2022, which specifies procedures for installing updated TM OPS software. Boeing requested that the word ‘‘also’’ be deleted because there is only one Boeing Alert Requirement Bulletin associated with Thrust Management BP 4.1. The FAA disagrees with the request. The documents cited in this section of the NPRM (and this final rule) are required sources of service information for the requirements of this AD. The two documents include different actions (one for installing updated DCA OPS software and the other for installing updated TM OPS software), but both are necessary to address the unsafe conditions identified in this final rule. The FAA has not changed this final rule as a result of this comment. Conclusion The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. 76415 None of the changes will increase the economic burden on any operator. Related Material Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin B787–81205– SB310018–00 RB, Issue 002, dated July 15, 2021. This material specifies procedures for installing updated DCA OPS software and doing a software configuration check. The FAA also reviewed Boeing Alert Requirements Bulletin B787–81205– SB340053–00 RB, Issue 001, dated November 16, 2022. This material specifies procedures for installing updated TM OPS software and doing a software configuration check. This material 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. Costs of Compliance The FAA estimates that this AD affects 125 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Parts cost Install and check DCA software ..................... Install and check TM software ........................ 3 work-hours × $85 per hour = $255 ............. 4 work-hours × $85 per hour = $340 ............. Cost per product * $0 *0 Cost on U.S. operators $255 340 $31,875 42,500 * Boeing has confirmed that there is no charge for the software. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:08 Sep 17, 2024 Jkt 262001 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, (2) Will not affect intrastate aviation in Alaska, and (3) 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 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: ■ 2024–16–07 The Boeing Company: Amendment 39–22813; Docket No. FAA–2023–2227; Project Identifier AD– 2022–00113–T. E:\FR\FM\18SER1.SGM 18SER1 76416 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations (a) Effective Date This airworthiness directive (AD) is effective October 23, 2024. (b) Affected Ads None. (c) Applicability This AD applies to The Boeing Company Model 787–8, 787–9, and 787–10 airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin B787– 81205–SB340053–00 RB, Issue 001, dated November 16, 2022. (d) Subject Air Transport Association (ATA) of America Code 31, Instruments; 34, Navigation. (e) Unsafe Condition This AD was prompted by incidents related to erroneous auto-throttle (A/T) behavior during a balked landing with the A/ T engaged, potential erroneous readings from the low range radio altimeter (LRRA), and possible deficiencies in low airspeed protections and crew alerting systems. The FAA is issuing this AD to address problems with thrust management (TM) and displays and crew alerting (DCA) operational program software. The unsafe conditions, if not addressed, could result in possible runway overrun or controlled flight into terrain. (f) Compliance Comply with this AD within the compliance times specified, unless already done. khammond on DSKJM1Z7X2PROD with RULES (g) Required Actions (1) For airplanes identified in Boeing Alert Requirements Bulletin B787–81205– SB310018–00 RB, Issue 002, dated July 15, 2021: Within 6 months after the effective date of this AD, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin B787–81205– SB310018–00 RB, Issue 002, dated July 15, 2021; or Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 001, dated August 3, 2020. After the effective date of this AD, only Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 002, dated July 15, 2021, may be used. Note 1 to paragraph (g)(1): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin B787–81205–SB310018–00, Issue 002, dated July 15, 2021, which is referred to in Boeing Alert Requirements Bulletin B787– 81205–SB310018–00 RB, Issue 002, dated July 15, 2021. Note 2 to paragraph (g)(1): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin B787–81205–SB310018–00, Issue 001, dated August 3, 2020, which is referred to in Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 001, dated August 3, 2020. (2) For airplanes identified in Boeing Alert Requirements Bulletin B787–81205– SB340053–00 RB, Issue 001, dated November 16, 2022: Within 6 months after the effective VerDate Sep<11>2014 16:08 Sep 17, 2024 Jkt 262001 date of this AD, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin B787–81205– SB340053–00 RB, Issue 001, dated November 16, 2022. Note 3 to paragraph (g)(2): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin B787–81205–SB340053–00, Issue 001, dated November 16, 2022, which is referred to in Boeing Alert Requirements Bulletin B787–81205–SB340053–00 RB, Issue 001, dated November 16, 2022. SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520 Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: AMOC@ 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) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520 Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Issued on August 1, 2024. Peter A. White, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. (i) Related Information (1) For more information about this AD, contact Doug Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 206–231–3548; email: Douglas.Tsuji@faa.gov. (2) Material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (j)(3) this AD. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin B787–81205–SB310018–00 RB, Issue 002, dated July 15, 2021. (ii) Boeing Alert Requirements Bulletin B787–81205–SB340053–00 RB, Issue 001, dated November 16, 2022. (3) For material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110– PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 [FR Doc. 2024–21144 Filed 9–17–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2024–0702 Special Local Regulations; Clearwater Offshore Nationals; Gulf of Mexico; Clearwater, FL Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce special local regulations for the Clearwater Offshore Nationals race from September 28–29, 2024, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Seventh Coast Guard District identifies the regulated area for this event in Clearwater, FL. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any designated representative. DATES: The regulations in 33 CFR 100.703 will be enforced for the Clearwater Offshore Nationals race regulated areas listed in item no. 6, table 1 to § 100.703, from 8 a.m. until 4 p.m., on September 28–29, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email Marine Science Technician First Class Mara Brown, Sector St. Petersburg Prevention Department, Coast Guard; telephone 813–228–2191, email Mara.J.Brown@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local SUMMARY: E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76413-76416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2227; Project Identifier AD-2022-00113-T; 
Amendment 39-22813; AD 2024-16-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 
This AD was prompted by incidents related to erroneous autothrottle (A/
T) behavior during a balked landing with the A/T engaged, potential 
erroneous readings from the low range radio altimeter (LRRA), and 
possible deficiencies in low airspeed protections and crew alerting 
systems. This AD requires updating the thrust management (TM) and 
displays and crew alerting (DCA) operational program software (OPS). 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 23, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 23, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2227; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For Boeing material identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; website myboeingfleet.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available at regulations.gov under 
Docket No. FAA-2023-2227.

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

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 787-8, 787-9, and 787-10 airplanes. The NPRM published in 
the Federal Register on November 24, 2023 (88 FR 82279).

[[Page 76414]]

    The NPRM was prompted by incidents related to erroneous A/T 
behavior during a balked landing with the A/T engaged, potential 
erroneous readings from the LRRA, and possible deficiencies in low 
airspeed protections and crew alerting systems.
    In the NPRM, the FAA proposed to require updating the TM and DCA 
OPS. The FAA is issuing this AD to address problems with the TM and DCA 
OPS, which could result in possible runway overrun or controlled flight 
into terrain.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from an individual who supported the 
NPRM without change.
    The FAA also received comments from four commenters, including Air 
Canada, American Airlines, Boeing, and Qatar Airways. The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Allow Use of Additional Service Information

    Air Canada and Qatar Airways requested that paragraph (g)(1) of the 
proposed AD be revised to also allow compliance using Boeing Alert 
Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, dated 
August 3, 2020, for aircraft on which installation of the DCA software 
update has already been done using Boeing Alert RB B787-81205-SB310018-
00 RB, Issue 001, dated August 3, 2020.
    The FAA agrees with the commenters. There are no technical 
differences between Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021, and Boeing Alert 
Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, dated 
August 3, 2020. The FAA has changed paragraph (g)(1) to include Boeing 
Alert RB B787-81205-SB310018-00 RB, Issue 001, dated August 3, 2020, as 
acceptable for use before the effective date of this AD.
    American Airlines and Qatar Airways requested that the proposed AD 
be revised to ensure that subsequent approved versions of DCA OPS and 
TM OPS software will still be compliant with the proposed AD. American 
Airlines requested that paragraph (g) of the proposed AD be revised to 
read as follows:

    For airplanes identified in paragraph (g) of this AD: Within 6 
months after the effective date of this AD, install DCA OPS P/N 
COL47-0014-0031 or later-approved software version and TM OPS P/N 
HNP55-AL12-5008 or later-approved software version at the locations 
specified in the Service Bulletins. Both the installation and the 
check must be done in accordance with a method approved by the 
Manager, AIR-520, Continues Operation Safety Branch, FAA. Later 
approved software versions are those Boeing software versions that 
are approved as a replacement for the DCA OPS P/N COL47-0014-0031 
and TM OPS P/N HNP55-AL12-5008 and are approved as part of the type 
design by the FAA or by The Boeing Company Organization Designation 
Authorization (ODA).

    The FAA infers this request is to reduce the need for alternative 
methods of compliance (AMOCs) for subsequent (newer) approved versions 
of DCA OPS and TM OPS software.
    The FAA partially agrees with the commenters. The FAA agrees that 
without the usage of the terminology ``or later approved software'' or 
some variation of the wording that allows the use of later-approved 
software, historically ADs related to software changes that did not 
have this wording have resulted in multiple AMOCs for software updates. 
The FAA disagrees with the need to add ``or later approved software'' 
language to paragraph (g) of this AD because this provision is found in 
Boeing Requirements Bulletins B787-81205-SB310018-00 RB, Issue 002, 
dated July 15, 2021, and Boeing Alert Requirements Bulletin B787-81205-
SB340053-00 RB, Issue 001, dated November 16, 2022, which are required 
by paragraphs (g)(1) and (2) of this AD, respectively. The FAA has not 
changed this AD in regard to this comment.

Requests To Clarify Terms in the NPRM

    Boeing requested that ``throttle malfunction'' be replaced with 
``erroneous autothrottle (A/T) behavior'' in the Summary and Background 
of the NPRM, and paragraph (e) in the proposed AD, because the 
description incorrectly describes what occurred.
    The FAA agrees that erroneous A/T behavior is a more accurate 
description of the occurrence. The full Background section is not 
restated in this final rule. The FAA has changed the Summary of the 
NPRM and paragraph (e) of this AD accordingly.
    Boeing also requested that in the Background section, third 
paragraph, ``flight management function (FMF)'' be replaced with 
``Flight Management Function (FMF)/Thrust Management Function (TMF) 
Block Point (BP) 4.0'' because the behavior was due to the design 
changes included in the thrust management operation software and flight 
management BP 4.0.
    The FAA agrees that FMF/TMF BP 4.0 more accurately describes the 
associated change; however, the full text of the NPRM Background 
section is not repeated in the final rule, so no further change is 
necessary to this final rule.
    Boeing further requested that the Background section, sixth 
paragraph, be revised to read ``Airplanes with version TMF software BP 
4 installed, the A/T system is engaged during a manual go-around or 
missed approach . . .'' because the behavior seen during a balked 
landing was introduced with TMF BP 4.0.
    The FAA agrees that the issue of erroneous A/T behavior was 
introduced by FMF/TMF BP 4; however, the full text of the NPRM 
Background section is not repeated in the final rule, so no further 
change is necessary to this final rule.

Request To Delete Terms

    Boeing requested that the FAA revise the NPRM to delete any 
reference related to ``possible deficiencies in low airspeed 
protections and crew alerting systems,'' ``crew alerting systems,'' 
``displays and crew alerting (DCA),'' ``crew alerting (DCA) operational 
software (OPS),'' ``install and check DCA software,'' and ``The FAA 
reviewed Boeing Alert Requirements Bulletin B787-81205-SB310018-00 RB, 
Issue 002, dated July 15, 2021. This service information specifies 
procedures for installing updated DCA OPS software and doing a software 
configuration check'' because the design change included in TMF 4.1 
(TMF BP 4.1) to address 20-PAD-0048 (Erroneous A/T Behavior During 
Balked Landing) and 20-AD-0054 (Erroneous Low Range Radio Altimeter 
Readings) is not dependent on a DCA OPS update.
    Boeing also requested that the FAA revise the NPRM to delete the 
following statements:

    The FAA has reviewed a report of the investigation of an 
accident that revealed deficiencies in low airspeed protections and 
crew alerting systems on Model 777 and 787.
    Further, airplanes with versions of FMF software prior to BP 4 
are susceptible to situations where the flightcrew may believe the 
airplane systems will prevent the airplane from having too low an 
airspeed for its flight condition, when in fact the systems do not 
offer that protection. This can also result in a CFIT event.

    Boeing requested these deletions because the autothrottle low 
airspeed enhancements were implemented in FMF/TMF BP 4.0.
    The FAA acknowledges that the changes associated with TMF BP 4.1 
needed to address the issue of erroneous A/T behavior and erroneous 
LRRA readings are not dependent upon a DCA OPS update, but the FAA 
disagrees with removing any reference to the ``deficiencies in low 
airspeed

[[Page 76415]]

protections and crew alerting systems'' or ``crew alerting (DCA) OPS.'' 
Some changes associated with TMF BP 4.1 are to fix an unsafe condition 
(A/T issue) introduced by the previous TMF update BP 4. The FAA had 
intended to mandate TMF BP 4 (in combination with a DCA OPS update) to 
address the unsafe condition of insufficient low airspeed protections 
and crew alerting systems but had to postpone AD action until TMF BP 
4.1 was available over three years later. While TMF BP 4.1 includes the 
TMF BP 4 updates addressing low airspeed protections, this is the first 
time the FAA has mandated requirements to address this unsafe 
condition. The FAA has not changed this AD in regard to this comment.
    The ``Related Service Information Under 1 CFR part 51'' section of 
the NPRM described the procedures specified in Boeing Alert 
Requirements Bulletin B787-81205-SB310018-00 RB, and then added that 
the FAA ``also'' reviewed Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022, which 
specifies procedures for installing updated TM OPS software. Boeing 
requested that the word ``also'' be deleted because there is only one 
Boeing Alert Requirement Bulletin associated with Thrust Management BP 
4.1.
    The FAA disagrees with the request. The documents cited in this 
section of the NPRM (and this final rule) are required sources of 
service information for the requirements of this AD. The two documents 
include different actions (one for installing updated DCA OPS software 
and the other for installing updated TM OPS software), but both are 
necessary to address the unsafe conditions identified in this final 
rule. The FAA has not changed this final rule as a result of this 
comment.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Related Material Under 1 CFR Part 51

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

Costs of Compliance

    The FAA estimates that this AD affects 125 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
----------------------------------------------------------------------------------------------------------------
Install and check DCA software........  3 work-hours x $85 per              * $0            $255         $31,875
                                         hour = $255.
Install and check TM software.........  4 work-hours x $85 per               * 0             340          42,500
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------
* Boeing has confirmed that there is no charge for the software.

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA 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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 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:

2024-16-07 The Boeing Company: Amendment 39-22813; Docket No. FAA-
2023-2227; Project Identifier AD-2022-00113-T.

[[Page 76416]]

 (a) Effective Date

    This airworthiness directive (AD) is effective October 23, 2024.

 (b) Affected Ads

    None.

 (c) Applicability

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

(d) Subject

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

 (e) Unsafe Condition

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

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified in Boeing Alert Requirements 
Bulletin B787-81205-SB310018-00 RB, Issue 002, dated July 15, 2021: 
Within 6 months after the effective date of this AD, do all 
applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
B787-81205-SB310018-00 RB, Issue 002, dated July 15, 2021; or Boeing 
Alert Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, 
dated August 3, 2020. After the effective date of this AD, only 
Boeing Alert Requirements Bulletin B787-81205-SB310018-00 RB, Issue 
002, dated July 15, 2021, may be used.

    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin B787-81205-SB310018-00, Issue 002, dated July 15, 2021, 
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB310018-00 RB, Issue 002, dated July 15, 2021.


    Note 2 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin B787-81205-SB310018-00, Issue 001, dated August 3, 2020, 
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB310018-00 RB, Issue 001, dated August 3, 2020.

    (2) For airplanes identified in Boeing Alert Requirements 
Bulletin B787-81205-SB340053-00 RB, Issue 001, dated November 16, 
2022: Within 6 months after the effective date of this AD, do all 
applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
B787-81205-SB340053-00 RB, Issue 001, dated November 16, 2022.

    Note 3 to paragraph (g)(2): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin B787-81205-SB340053-00, Issue 001, dated November 16, 2022, 
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022.

 (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety Branch, 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or 
responsible Flight Standards Office, as appropriate. If sending 
information directly to the manager of the certification office, 
send it to the attention of the person identified in paragraph 
(j)(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) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, AIR-520 
Continued Operational Safety Branch, FAA, to make those findings. To 
be approved, the repair method, modification deviation, or 
alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

 (i) Related Information

    (1) For more information about this AD, contact Doug Tsuji, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; telephone: 206-231-3548; email: [email protected].
    (2) Material identified in this AD that is not incorporated by 
reference is available at the address specified in paragraph (j)(3) 
this AD.

 (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin B787-81205-SB310018-00 
RB, Issue 002, dated July 15, 2021.
    (ii) Boeing Alert Requirements Bulletin B787-81205-SB340053-00 
RB, Issue 001, dated November 16, 2022.
    (3) For material identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; website myboeingfleet.com.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on August 1, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-21144 Filed 9-17-24; 8:45 am]
BILLING CODE 4910-13-P
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