[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Proposed Rules]
[Pages 50484-50485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19355]


 ========================================================================
 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.
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  Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / 
Proposed Rules  

[[Page 50484]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0255; Project Identifier AD-2020-01282-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to certain The Boeing Company Model 787-8, 787-9, and 787-
10 airplanes. The NPRM was prompted by reports that very high frequency 
(VHF) radio frequencies transfer between the active and standby windows 
of the tuning control panel (TCP) without flightcrew input. The NPRM 
would have required updating the TCP operational software (OPS) and 
performing a software configuration check. Since issuance of the NPRM, 
the FAA determined that the TCP OPS version specified in the NPRM does 
not correct the unsafe condition. The FAA intends to propose new 
rulemaking to require updated software. Accordingly, the NPRM is 
withdrawn.

DATES: The FAA is withdrawing the proposed rule published on April 7, 
2021 (86 FR 17993) as of September 9, 2021.

ADDRESSES: 

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0255; 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 AD action, any comments received, and other information. The 
street 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.

FOR FURTHER INFORMATION CONTACT: Frank Carreras, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email: 
frank.carreras@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued an NPRM that proposed 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 was published in the Federal 
Register on April 7, 2021 (86 FR 17993). The NPRM was prompted by 
reports that very high frequency (VHF) radio frequencies transfer 
between the active and standby windows of the tuning control panel 
(TCP) without flightcrew input.
    The NPRM proposed to require updating the TCP OPS and performing a 
software configuration check. The proposed actions were intended to 
address uncommanded frequency changes, which could result in missed air 
traffic control communications such as amended clearances and critical 
instructions for changes to flight path, and consequent loss of safe 
separation between aircraft, collision, or runway incursion.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM the FAA determined that the TCP OPS 
version specified in the NPRM does not correct the unsafe condition. 
The manufacturer is developing a new version of the software which will 
better address the unsafe condition. Required development and testing 
of the new software results in scheduled availability of the revised 
service information by June 2022. In light of these changes, the FAA 
intends to propose further rulemaking.
    Withdrawal of the NPRM constitutes only such action. The withdrawal 
does not preclude the FAA from further rulemaking on this issue or 
commit the FAA to any course of action in the future.

Comments

    The FAA received comments on the NPRM from three commenters. The 
following presents the comments received on the NPRM and the FAA's 
response to the comment.
    Boeing asked that the FAA delay issuance of the final rule until 
the next TCP OPS revision. Boeing stated that based on additional fleet 
reports, it has concluded that the OPS version specified in Boeing 
Alert Requirements Bulletin B787-81205-SB230041-00 RB, Issue 002, dated 
September 14, 2020, and specified in the NPRM, does not adequately 
address the ``TCP VHF Uncommanded Frequency Change'' issue. Boeing is 
continuing to evaluate fleet reports and is will address the cause of 
the additional findings in the next TCP OPS revision. The FAA agrees 
that the NPRM will not address the unsafe condition. When appropriate 
service information is developed, approved, and available, the FAA 
intends to propose new rulemaking to require the updated software.
    American Airlines requested that the FAA revise paragraph (g) of 
the proposed AD to allow later FAA-approved software. The FAA agrees 
with the request, but because the FAA is withdrawing the NPRM, the 
request is no longer necessary.
    The Air Line Pilots Association (ALPA) supported the NPRM.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM 
does not adequately address the identified unsafe condition. 
Accordingly, the FAA is withdrawing the NPRM.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action therefore is not covered under Executive 
Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

0
Accordingly, the notice of proposed rulemaking (NPRM) (Docket No. FAA-
2021-0255), which was published in the

[[Page 50485]]

Federal Register on April 7, 2021 (86 FR 17993), is withdrawn.

    Issued on August 31, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19355 Filed 9-8-21; 8:45 am]
BILLING CODE 4910-13-P


