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[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Proposed Rules]
[Pages 37684-37687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15505]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0428; Directorate Identifier 2014-NM-067-AD]
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: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 787-8 airplanes. This proposed AD was 
prompted by reports of deficiencies in the flight control module (FCM) 
software. This proposed AD would require installing certain FCM 
software. We are proposing this AD to correct deficiencies in the FCM 
software, which, if not corrected, could prevent continued safe flight 
and landing.

DATES: We must receive comments on this proposed AD by August 18, 2014.

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 proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at

[[Page 37685]]

the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

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-2014-
0428; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification 
Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 
425-917-6418; fax: 425-917-6590; email: marie.hogestad@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite 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-2014-0428; 
Directorate Identifier 2014-NM-067-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of in-service incidents and identified an 
indicating system shortcoming due to deficiencies in the FCM software, 
which have been determined to be safety issues in Model 787-8 
airplanes.
    We have received several reports of FCM airborne resets that 
occurred during trailing edge variable camber operation which, due to a 
software deficiency, incorrectly resulted in the flaps being shut down 
and the ``FLAPS DRIVE'' (caution) message, which directs the flightcrew 
to execute a flaps up landing. The flaps up landing procedure requires 
a high speed landing and, in combination with abnormal landing 
conditions such as a short runway or adverse weather conditions, could 
result in a runway excursion.
    Additionally, we received a report of a single flap position sensor 
failure which, due to a software deficiency, incorrectly resulted in 
flap position data being declared invalid. Invalid flap data causes the 
primary flight controls to transition to secondary mode, the spoiler 
droop commands to default to flaps up (i.e., no-droop) position, the 
autopilot to disengage, the flaps to remain in the last commanded 
position, and loss of flap position on the displays. This failure could 
prevent continued safe flight and landing if it occurs during final 
approach below approximately 100 feet due to the combination of high 
workload, the flight control mode change, and the wing lift loss, which 
may result in a high airplane sink rate landing or a ground impact 
short of the runway.
    We have also determined that a single spoiler failure requires an 
engine indication and crew alerting system (EICAS) alert because a 
single spoiler failure with flaps down can result in significant levels 
of buffet, which, without annunciation, the flightcrew might interpret 
either as a stall, landing gear damage, structural damage, or other 
external damage.
    These conditions, if not corrected, could prevent continued safe 
flight and landing.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin B787-81205-SB270020-00, 
Issue 001, dated February 6, 2014. For information on the procedures 
and compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2014-0428.

Concurrent Service Information

    For certain airplanes, Boeing Alert Service Bulletin B787-81205-
SB270020-00, Issue 001, dated February 6, 2014, specifies concurrent 
accomplishment of the FCM software installation specified in Boeing 
Alert Service Bulletin B787-81205-SB270017-00, Issue 001, dated 
September 18, 2013. For information on the procedures, see Boeing Alert 
Service Bulletin B787-81205-SB270017-00, Issue 001, dated September 18, 
2013, at http://www.regulations.gov by searching for Docket No. FAA-
2014-0428.

FAA's Determination

    We are proposing this AD because we 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 installing certain FCM software as 
specified in the service information described previously.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the 
Airworthiness Directives Implementation Aviation Rulemaking Committee, 
to enhance the AD system. One enhancement was a new process for 
annotating which steps in the service information are required for 
compliance with an AD. Differentiating these steps from other tasks in 
the service information is expected to improve an owner's/operator's 
understanding of crucial AD requirements and help provide consistent 
judgment in AD compliance. The actions specified in the service 
information described previously include steps that are labeled as RC 
(required for compliance) because these steps have a direct effect on 
detecting, preventing, resolving, or eliminating an identified unsafe 
condition.
    As noted in the specified service information, steps labeled as RC 
must be done to comply with the proposed AD. However, steps that are 
not labeled as RC are recommended. Those steps that are not labeled as 
RC may be deviated from, done as part of other actions, or done using 
accepted methods different from those identified in the service 
information without obtaining approval of an alternative method of 
compliance (AMOC), provided the steps labeled as RC can be done and the 
airplane can be put back in a serviceable condition. Any substitutions 
or changes to steps labeled as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 37686]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
FCM BP3 software installation......  2 work-hours x $85 per hour              $0            $170          $1,870
                                      = $170.
Concurrent FCM BP2 software          2 work-hours x $85 per hour            $630            $800          $8,800
 installation (Group 1 airplanes).    = $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this proposed AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.
    The parts cost for the FCM BP3 software installation is not 
included in our cost estimate. It is considered Boeing-provided 
loadable software, which is referenced in Boeing Alert Service Bulletin 
B787-81205-SB270020-00, Issue 001, dated February 6, 2014, under 
``Parts & Materials Supplied by the Operator.''

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.
    We are 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

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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-2014-0428; Directorate 
Identifier 2014-NM-067-AD.

(a) Comments Due Date

    We must receive comments by August 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, 
certificated in any category, as identified in Boeing Alert Service 
Bulletin B787-81205-SB270020-00, Issue 001, dated February 6, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by reports of deficiencies in the flight 
control module (FCM) software. We are issuing this AD to correct 
deficiencies in the FCM software, which, if not corrected, could 
prevent continued safe flight and landing.

(f) Compliance

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

(g) Flight Control Module (FCM) Software Installation

    Within 6 months after the effective date of this AD: Use the 
onboard data load function (ODLF) to install FCM operational program 
software (OPS), FCM loadable diagnostic information (LDI) database 
(DB) software, and FCM air data reference function (ADRF) DB 
software, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 001, 
dated February 6, 2014.

(h) Concurrent Requirements

    For Group 1 airplanes, as identified in Boeing Alert Service 
Bulletin B787-81205-SB270020-00, Issue 001, dated February 6, 2014: 
Prior to or concurrently with accomplishing the actions required by 
paragraph (g) of this AD, use the ODLF to install FCM OPS, FCM LDI 
DB, and central maintenance computer function (CMCF) LDI DB 
software, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin B787-81205-SB270017-00, Issue 001, 
dated September 18, 2013.

(i) Parts Installation Prohibition

    After installation of the new software specified in paragraphs 
(g) and (h) of this AD, no person may install any previous versions 
of the FCM OPS, FCM LDI DB, FCM ADRF DB, or CMCF LDI DB software, on 
any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, 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) If the service information contains steps that are labeled 
as RC (Required for

[[Page 37687]]

Compliance), those steps must be done to comply with this AD; any 
steps that are not labeled as RC are recommended. Those steps that 
are not labeled as RC may be deviated from, done as part of other 
actions, or done using accepted methods different from those 
identified in the specified service information without obtaining 
approval of an AMOC, provided the steps labeled as RC can be done 
and the airplane can be put back in a serviceable condition. Any 
substitutions or changes to steps labeled as RC require approval of 
an AMOC.

(k) Related Information

    (1) For more information about this AD, contact Marie Hogestad, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, Seattle 
Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6418; fax: 425-917-6590; 
email: marie.hogestad@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on June 24, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-15505 Filed 7-1-14; 8:45 am]
BILLING CODE 4910-13-P
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