[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Proposed Rules]
[Pages 38887-38889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16815]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / 
Proposed Rules  

[[Page 38887]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0576; Product Identifier 2019-NM-049-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 747-400, 747-400F, 747-8F, and 747-8 
series airplanes. This proposed AD was prompted by reports of dual 
flight management computer (FMC) cold starts during a critical flight 
phase such as takeoff and approach. This proposed AD would require an 
inspection to determine if certain software is installed, installation 
of FMC operational program software (OPS) and a software configuration 
check, and applicable concurrent requirements. The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
23, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195. It 
is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0576.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0576; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nelson Sanchez, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax: 206-231-3543; 
email: nelson.sanchez@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0576; 
Product Identifier 2019-NM-049-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The agency 
will consider all comments received by the closing date and may amend 
this NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The FAA has received reports indicating that some operators 
experienced dual FMC cold starts during a critical flight phase such as 
takeoff and approach. A cold start is a computer reset that is 
equivalent to starting from an unpowered (cold) state. During a cold 
start, the computer is not available to perform its intended function. 
Dual FMC cold starts can result in a loss of flight critical data from 
flight deck displays during a high workload phase of flight. This 
condition, if not addressed, could reduce the flightcrew's situational 
awareness, resulting in a loss of continued safe flight and landing.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 747-34A3119 RB, 
dated February 15, 2019; and Boeing Alert Requirements Bulletin 747-
34A3125 RB, dated February 15, 2019. The service information describes 
procedures for installation of the FMC OPS, part number (P/N) HNP5A-
AL11-9008, or later-approved software version, and a software 
configuration check, and applicable concurrent requirements (installing 
certain software and hardware). These documents are distinct since they 
apply to airplanes in different configurations.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require an inspection to determine if 
certain software is installed, and if necessary, accomplishment of the 
actions

[[Page 38888]]

identified in Boeing Alert Requirements Bulletin 747-34A3119 RB, dated 
February 15, 2019; and Boeing Alert Requirements Bulletin 747-34A3125 
RB, dated February 15, 2019; described previously, except as discussed 
under ``Differences Between this Proposed AD and the Service 
Information'' and except for any differences identified as exceptions 
in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0576.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin 747-34A3119 
RB, dated February 15, 2019; and Boeing Alert Requirements Bulletin 
747-34A3125 RB, dated February 15, 2019; is limited to certain 
airplanes as identified in the service information. However, the 
applicability of this proposed AD includes all Boeing Model 747-400, 
747-400F, 747-8F, and 747-8 series airplanes. Because the affected 
software versions are rotable, the FAA has determined that these 
software versions could later be installed on airplanes that were 
initially delivered with acceptable software, thereby subjecting those 
airplanes to the unsafe condition. We have confirmed with Boeing that 
the Accomplishment Instructions in Boeing Alert Requirements Bulletin 
747-34A3119 RB, dated February 15, 2019, and Boeing Alert Requirements 
Bulletin 747-34A3125 RB, dated February 15, 2019, are applicable to the 
affected airplanes.

Costs of Compliance

    The FAA estimates that this proposed AD affects 115 airplanes of 
U.S. registry. The agency estimates the following costs to comply with 
this proposed AD:

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost            Parts cost              Cost per product                 Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Records check or inspection.......  1 work-hour x $85 per hour              $0  $85................................  $9,775.
                                     = $85.
Software installation and           2 work-hours x $85 per                 (*)  $170 *.............................  $19,550.*
 configuration check.                hour = $170.
Concurrent actions................  Up to 119 work-hours x $85             (*)  Up to $10,115 *....................  Up to $1,163,225.*
                                     per hour = $10,115.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost-estimates for the software installation or concurrent
  actions specified in this proposed AD.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 38889]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2019-0576; Product Identifier 
2019-NM-049-AD.

(a) Comments Due Date

    The FAA must receive comments by September 23, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-400, 747-
400F, 747-8F, and 747-8 series airplanes, certificated in any 
category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of dual flight management 
computer (FMC) cold starts during a critical flight phase such as 
takeoff and approach. The FAA is issuing this AD to address dual FMC 
cold starts, which can result in a loss of flight critical data from 
flight deck displays during a high workload phase of flight. This 
condition, if not addressed, could reduce the flightcrew's 
situational awareness, resulting in a loss of continued safe flight 
and landing.

(f) Compliance

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

(g) Definition

    For the purposes of this AD, later-approved software versions 
are only those Boeing software versions that are approved as a 
replacement for the applicable software identified in Boeing Alert 
Requirements Bulletin 747-34A3119 RB, dated February 15, 2019; or 
Boeing Alert Requirements Bulletin 747-34A3125 RB, dated February 
15, 2019; and are approved as part of the type design by the FAA or 
The Boeing Company Organization Designation Authorization (ODA) 
after February 15, 2019 (the issuance date of Boeing Alert 
Requirements Bulletin 747-34A3119 RB; and Boeing Alert Requirements 
Bulletin 747-34A3125 RB).

(h) Required Actions

    (1) For airplanes that have an original airworthiness 
certificate or export certificate of airworthiness issued on or 
before the effective date of this AD: Within 6 months after the 
effective date of this AD, inspect the FMC left and FMC right to 
determine if FMC operational program software (OPS) software, part 
number (P/N) HNP5A-AL11-9008, or later-approved software version, as 
defined in paragraph (g) of this AD, is installed. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the FMC OPS can be conclusively 
determined from that review.
    (2) If, during any inspection or records review required by 
paragraph (h)(1) of this AD, FMC OPS, P/N HNP5A-AL11-9008, or later-
approved software version, as defined in paragraph (g) of this AD, 
is not found: Within 6 months after the effective date of this AD, 
do all applicable actions identified in, and in accordance with, the 
applicable Concurrent Requirements and Accomplishment Instructions 
of Boeing Alert Requirements Bulletin 747-34A3119 RB, dated February 
15, 2019; or Boeing Alert Requirements Bulletin 747-34A3125 RB, 
dated February 15, 2019; as applicable.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
747-34A3119, dated February 15, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 747-34A3119 RB, dated February 15, 2019; 
and Boeing Alert Service Bulletin 747-34A3125, dated February 15, 
2019, which is referred to in Boeing Alert Requirements Bulletin 
747-34A3125 RB, dated February 15, 2019.

(i) Parts Installation Limitation

    As of the effective date of this AD: Do not install FMC software 
unless it is FMC OPS, P/N HNP5A-AL11-9008 or later-approved software 
version, as defined in paragraph (g) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (k)(1) of this AD. Information may be 
emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company ODA that has been authorized 
by the Manager, Seattle ACO Branch, FAA, to make those findings. To 
be approved, the repair method, modification deviation, or 
alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Nelson Sanchez, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone and 
fax: 206-231-3543; email: nelson.sanchez@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on July 29, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-16815 Filed 8-7-19; 8:45 am]
 BILLING CODE 4910-13-P


