[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Proposed Rules]
[Pages 38682-38686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13743]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0674; Project Identifier AD-2021-00373-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-24-04, which applies to all The Boeing Company Model 787-8, 787-9, 
and 787-10 airplanes. AD 2020-24-04 requires revising the existing 
airplane flight manual (AFM) to incorporate

[[Page 38683]]

procedures for an approach with a localizer-based navigation aid, 
monitoring localizer raw data, calling out any significant deviations, 
and performing an immediate go around under certain conditions. Since 
the FAA issued AD 2020-24-04, the manufacturer has developed a 
modification to address the previously identified unsafe condition. The 
FAA has also identified a separate unsafe condition where misleading 
flight director (FD) guidance can be presented to the flightcrew under 
certain conditions. This proposed AD would continue to require the 
actions specified in AD 2020-24-04 and would require installing 
applicable software updates to the flight control module (FCM). Using 
updated software would terminate the retained AFM requirement in this 
AD. The FAA is proposing this AD to address the unsafe conditions on 
these products.

DATES: The FAA must receive comments on this proposed AD by August 15, 
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.
    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 service information 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 https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0674.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0674; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3653; email: 
[email protected].

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 ADDRESSES. Include ``Docket No. FAA-2022-0674; Project Identifier 
AD-2021-00373-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 proposed AD.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Hassan Ibrahim, Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone 
and fax: 206-231-3653; email: [email protected]. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2020-24-04, Amendment 39-21334 (85 FR 77991, 
December 3, 2020; corrected December 14, 2020 (85 FR 80589)) (AD 2020-
24-04); for all The Boeing Company Model 787-8, 787-9, and 787-10 
airplanes. AD 2020-24-04 was prompted by reports that the autopilot 
flight director system (AFDS) failed to transition to the instrument 
landing system localizer (LOC) beam after the consistent localizer 
capture (CLC) function in the FCMs initiated a transition to capture 
LOC during approach. AD 2020-24-04 requires revising the existing AFM 
to incorporate procedures for conducting an approach with a localizer-
based navigation aid, monitoring localizer raw data, calling out any 
significant deviations, and performing an immediate go around if the 
airplane has not intercepted the final approach course as shown by the 
localizer deviation. The agency issued AD 2020-24-04 to address the 
AFDS failing to transition, which could result in localizer overshoot 
leading to glideslope descent on the wrong heading. Combined with a 
lack of flight deck effects for a consistent localizer capture mode 
failure, this condition could result in controlled flight into terrain.

Actions Since AD 2020-24-04 Was Issued

    The preamble to AD 2020-24-04 explains that the FAA considers the 
requirements ``interim action'' and that the manufacturer is developing 
a modification to address the unsafe condition. That AD explains that 
the FAA might consider further rulemaking if a modification is 
developed, approved, and available. Since the FAA issued AD 2020-24-04, 
the manufacturer has developed software updates for the FCM, and the 
FAA has determined that further rulemaking is indeed necessary; this 
proposed AD follows from that determination.
    Further, the FAA has since identified a separate unsafe condition 
where in certain scenarios, misleading FD guidance can be presented to 
the flightcrew during approach. Operators may experience misleading FD 
guidance after disengaging the autopilot due to a ``mode fail'' caused 
by glideslope beam anomaly during instrument landing system (ILS) 
approach and may lead to

[[Page 38684]]

controlled flight into terrain (CFIT) or a runway overrun.
    New software developed by Boeing addresses the autopilot logic for 
the transition from CLC to LOC during approach. Also, during ILS signal 
fluctuations, changes in the new software reduce potential deviation 
from desired glidepath, and eliminates the potential for misleading FD 
guidance subsequent to autopilot disconnect.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
conditions described previously are likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB270053-00 RB, Issue 002, dated May 6, 2021. This service information 
specifies procedures for updating flight control electronics (FCE) 
software to install common block point (CBP) 5.1 operational program 
software (OPS) having part number HNP5A-AL01-5041 in the FCM, and doing 
a software configuration check.
    Boeing Alert Requirements Bulletin B787-81205-SB270053-00 RB, Issue 
002, dated May 6, 2021, specifies prior or concurrent accomplishment of 
Boeing Alert Service Bulletin B787-81205-SB270044-00, Issue 003, dated 
July 7, 2020; or Boeing Service Bulletin B787-81205-SB270046-00, Issue 
002, dated October 24, 2019; as applicable, which specify procedures 
for installing FCE software update CBP 5.0.
    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.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2020-24-04. 
This proposed AD would also require accomplishing the actions specified 
in the service information described previously. For information on the 
procedures and compliance times, see this service information at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0674.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 214 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                 Action                          Labor cost           Parts cost      product        operators
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Revising the AFM (retained actions from  1 work-hour x $85 per hour           $0             $85         $18,190
 AD 2020-24-04).                          = $85.
Updating the software..................  Up to 4 work-hours x $85            (*)           * 340        * 72,670
                                          per hour = $340.
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* The table does not include the parts cost for the software.

    The FAA has determined that updating the software requires 
installing up to 8 software loads, at $300 per load, per operator. For 
the parts cost, the FAA has determined that a per-operator estimate is 
more accurate than a per-airplane estimate. Therefore, the FAA 
estimates the total cost for software to be $2,400 per operator.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed 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

    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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-24-04, Amendment 39-21334 
(85 FR 77991, December 3, 2020; corrected December 14, 2020 (85 FR 
80589)); and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2022-0674; Project Identifier AD-
2021-00373-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by August 15, 2022.

[[Page 38685]]

(b) Affected ADs

    This AD replaces AD 2020-24-04, Amendment 39-21334 (85 FR 77991, 
December 3, 2020; corrected December 14, 2020 (85 FR 80589)) (AD 
2020-24-04).

(c) Applicability

    This AD applies to all 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 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the autopilot 
flight director system (AFDS) failed to transition to the instrument 
landing system localizer (LOC) beam after the consistent localizer 
capture function in the flight control modules initiated a 
transition to capture LOC during approach. The FAA is issuing this 
AD to address the AFDS failing to transition, which could result in 
localizer overshoot leading to glideslope descent on the wrong 
heading. Combined with a lack of flight deck effects for a 
consistent localizer capture mode failure, this condition could 
result in a controlled flight into terrain (CFIT) or a runway 
overrun. This AD was further prompted by reports of misleading 
flight director guidance that in certain scenarios can be presented 
to the flightcrew during approach and could lead to CFIT or a runway 
overrun.

(f) Compliance

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

(g) Retained Revision of the Existing Airplane Flight Manual (AFM), 
With New Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2020-24-04, with new terminating action. Within 14 days after 
December 18, 2020 (the effective date of AD 2020-24-04), revise the 
Operating Procedures chapter of the existing AFM and applicable 
corresponding operational procedures to incorporate the procedures 
specified in figure 1 to paragraph (g) of this AD. Revising the 
existing AFM to include the changes specified in paragraph (g) of 
this AD may be done by inserting a copy of figure 1 to paragraph (g) 
of this AD into the existing AFM. Installing the software required 
by paragraph (h) of this AD terminates the requirement for revising 
the existing AFM in this paragraph.
[GRAPHIC] [TIFF OMITTED] TP29JN22.000

(h) New Required Actions

    For airplanes identified in paragraph A, ``Effectivity,'' of 
Boeing Alert Requirements Bulletin B787-81205-SB270053-00 RB, Issue 
002, dated May 6, 2021: Except as specified by paragraph (i) of this 
AD, at the applicable times specified in the ``Compliance'' 
paragraph of Boeing Alert Requirements Bulletin B787-81205-SB270053-
00 RB, Issue 002, dated May 6, 2021, do all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin B787-81205-
SB270053-00 RB, Issue 002, dated May 6, 2021.
    Note 1 to paragraph (h): Guidance for accomplishing the actions 
required by paragraph (h) of this AD can be found in Boeing Alert 
Service Bulletin B787-81205-SB270053-00, Issue 002, dated May 6, 
2021, which is referred to in Boeing Alert Requirements Bulletin 
B787-81205-SB270053-00 RB, Issue 002, dated May 6, 2021.

(i) Concurrent Actions

    For airplanes identified as Group 1, Configuration 1, and as 
Group 2, Configuration 1, in paragraph A, ``Effectivity,'' of Boeing 
Alert Requirements Bulletin B787-81205-SB270053-00 RB, Issue 002, 
dated May 6, 2021: Prior to or concurrently with accomplishing the 
actions required by paragraph (h) of this AD, do all applicable 
actions identified as ``RC'' (required for compliance) in, and in 
accordance with, the applicable service information identified in 
paragraphs (i)(1) and (2) of this AD.
    (1) Boeing Alert Service Bulletin B787-81205-SB270044-00, Issue 
003, dated July 7, 2020.
    (2) Boeing Service Bulletin B787-81205-SB270046-00, Issue 002, 
dated October 24, 2019.

(j) Exception to Service Information Specifications

    Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB270053-00 RB, Issue 002, dated May 6, 2021, use the phrase 
``the Issue 001 date of Requirements Bulletin B787-81205-SB270053-00 
RB,'' this AD requires using ``the effective date of this AD.''

(k) Terminating Action for AFM Revision

    Installation of the software update specified in the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
B787-81205-SB270053-00 RB, Issue 002, dated May 6, 2021, terminates 
the AFM revision required by paragraph (g) of this AD, and the AFM 
revision may be removed, provided that this software update has been 
installed on all affected airplanes in an operator's fleet.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Requirements Bulletin 
B787-81205-SB270053-00 RB, Issue 001, dated February 19, 2021.
    (2) This paragraph provides credit for the actions specified in 
paragraph (i)(1) of this AD, if those actions were performed before 
the effective date of this AD using Boeing Alert Service Bulletin 
B787-81205-SB270044-00, Issue 001, dated December 18, 2018; or 
Boeing Alert Service Bulletin B787-81205-SB270044-00, Issue 002, 
dated November 20, 2019.
    (3) This paragraph provides credit for the actions specified in 
paragraph (i)(2) of this AD, if those actions were performed before 
the effective date of this AD using Boeing Service Bulletin B787-
81205-SB270046-00, Issue 001, dated November 30, 2018.

(m) 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

[[Page 38686]]

certification office, send it to the attention of the person 
identified in paragraph (n) 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, 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.
    (4) AMOCs approved for AD 2020-24-04 are approved as AMOCs for 
the corresponding provisions of paragraph (g) of this AD.
    (5) Except as specified by paragraph (j) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (m)(5)(i) and (ii) of 
this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition

(n) Related Information

    (1) For more information about this AD, contact Hassan Ibrahim, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3653; email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, 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.

    Issued on June 6, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-13743 Filed 6-28-22; 8:45 am]
BILLING CODE 4910-13-P


