[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67636-67640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21673]


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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; 
Amendment 39-22559; AD 2023-19-09]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-24-
04, which applied to all The Boeing Company Model 787-8, 787-9, and 
787-10 airplanes. AD 2020-24-04 required revising the existing airplane 
flight manual (AFM) to incorporate 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. This AD was prompted by the development of a 
modification to address the previously identified unsafe condition, and 
the identification of a separate unsafe condition where misleading 
vertical flight director (FD) guidance can be presented to the 
flightcrew under certain conditions. This AD continues to require the 
actions specified in AD 2020-24-04 and requires installing applicable 
software updates to the flight control module (FCM). Using updated 
software terminates the retained AFM requirement in this AD. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 6, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 6, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket

[[Page 67637]]

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 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:
    <bullet> For service information identified in this final rule, 
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.
    <bullet> 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 
regulations.gov under Docket No. FAA-2022-0674.

FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer, 
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3548; 
email: <a href="/cdn-cgi/l/email-protection#e8ac879d8f84899bc6bc9b829d81a88e8989c68f879e"><span class="__cf_email__" data-cfemail="66220913010a07154832150c130f2600070748010910">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-24-04, Amendment 39-21334 (85 FR 
77991, December 3, 2020; corrected December 14, 2020 (85 FR 80589)) (AD 
2020-24-04). AD 2020-24-04 applied to all The Boeing Company Model 787-
8, 787-9, and 787-10 airplanes. The NPRM published in the Federal 
Register on June 29, 2022 (87 FR 38682). The NPRM 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 FCMs 
initiated a transition to capture LOC during approach, and the 
manufacturer's development of a modification to address this unsafe 
condition. The NPRM was also prompted by the identification of a 
separate unsafe condition where misleading vertical FD guidance can be 
presented to the flightcrew under certain conditions. In the NPRM, the 
FAA proposed to continue to require the actions specified in AD 2020-
24-04 and to require installing applicable software updates to the FCM. 
Installing updated software terminates the retained AFM requirement in 
this AD. 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). The 
NPRM was further prompted by reports of misleading vertical flight 
director guidance that in certain scenarios can be presented to the 
flightcrew during approach and could lead to CFIT or a runway overrun.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from two commenters, including 
Boeing and an individual. The following presents the comments received 
on the NPRM and the FAA's response to each comment.

Request To Remove Certain Line Numbers From the Applicability

    Boeing requested that the proposed AD be revised to remove line 
numbers 1062 and 1076 from the applicability. Boeing noted that those 
airplanes would have the requirements of B787-81205-SB270053-00 RB, 
Issue 002, dated May 6, 2021, incorporated during production.
    The FAA agrees with the intent of the commenter's request. The FAA 
has added paragraph (j)(2) of this AD to specify that for airplanes on 
which Common Block Point (CBP) 5.1, 27 FCM Operational Program Software 
(OPS) part number HNP5A-AL01-5041 or later-approved software part 
number is installed on FCM-L, FCM-C, and FCM-R during production, the 
actions specified in paragraph (h) of this AD are not required. 
Additionally, the FAA has revised paragraph (g) of this AD to apply 
only to airplanes on which CBP 5.1, 27 FCM OPS part number HNP5A-AL01-
5041 or later approved software part number is not installed on FCM-L, 
FCM-C, and FCM-R. Finally, the FAA has revised paragraph (k) of this AD 
to specify that installation of CBP 5.1, 27 FCM OPS part number HNP5A-
AL01-5041 or later-approved software part number on FCM-L, FCM-C, and 
FCM-R in production terminates the AFM revision required by paragraph 
(g) of this AD. Since some airplanes had this software installed during 
production, the FAA has determined that revision of the existing AFM 
required by paragraph (g) of this AD is not applicable to those 
airplanes.

Request To Allow Additional Terminating Action

    An individual requested that the FAA clarify whether accomplishing 
the actions in Boeing Alert Requirements Bulletin B787-81205-SB270053-
00 RB, Issue 001, dated February 19, 2021, terminates the AFM revision 
required by paragraph (g) of the proposed AD. The commenter noted that 
paragraph (l)(1) of the proposed AD provides credit for previous 
accomplishment of Boeing Alert Requirements Bulletin B787-81205-
SB270053-00 RB, Issue 001, dated February 19, 2021, but does not 
specify whether that credit extends to the terminating actions 
specified in paragraph (k) of the proposed AD.
    The FAA agrees to clarify. The FAA has revised paragraph (l)(1) of 
this AD to specify that the credit applies to the actions in both 
paragraphs (h) and (k) of this AD. Therefore, accomplishing the actions 
in Boeing Alert Requirements Bulletin B787-81205-SB270053-00 RB, Issue 
001, dated February 19, 2021, terminates the AFM revision required by 
paragraph (g) of the proposed AD, provided the software update has been 
installed on all affected airplanes in an operator's fleet.

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 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 CBP 5.1 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

[[Page 67638]]

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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 214 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
----------------------------------------------------------------------------------------------------------------
Revising the AFM (retained actions      1 work-hour x $85 per                 $0             $85         $18,190
 from AD 2020-24-04).                    hour = $85.
Updating the software.................  Up to 4 work-hours x $85             (*)           * 340        * 72,760
                                         per hour = $340.
----------------------------------------------------------------------------------------------------------------
* 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 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:
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:

2023-19-09 The Boeing Company: Amendment 39-22559; Docket No. FAA-
2022-0674; Project Identifier AD-2021-00373-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 6, 2023.

(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). This AD was 
further prompted by reports of misleading vertical 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 and Revised Affected Airplanes

    This paragraph restates the requirements of paragraph (g) of AD 
2020-24-04, with new terminating action and revised affected 
airplanes. For airplanes on which Common Block Point (CBP) 5.1, 27 
Flight Control Module (FCM) Operational Program Software (OPS) part 
number HNP5A-AL01-5041 or later approved software part number is not 
installed on FCM-L, FCM-C, and FCM-R: 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

[[Page 67639]]

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] TN02OC23.003

(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 (j) 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) Exceptions to Requirements of Paragraph (h) of This AD

    (1) 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 the Requirements Bulletin B787-81205-
SB270053-00 RB,'' this AD requires using ``the effective date of 
this AD.''
    (2) For airplanes on which CBP 5.1, 27 FCM OPS part number 
HNP5A-AL01-5041 or later-approved software part number was installed 
on FCM-L, FCM-C, and FCM-R in production, the actions specified in 
paragraph (h) of this AD are not required.

(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, or 
installation of CBP 5.1, 27 FCM OPS part number HNP5A-AL01-5041 or 
later-approved software part number on FCM-L, FCM-C, and FCM-R in 
production, 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 
paragraphs (h) and (k) 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, 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 
(n)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#457c68040b0868162024313129206804060a6804080a06681720343020363136052324246b222a33"><span class="__cf_email__" data-cfemail="c4fde9858a89e997a1a5b0b0a8a1e985878be985898b87e996a1b5b1a1b7b0b784a2a5a5eaa3abb2">[email protected]</span></a>.
    (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.
    (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 Doug Tsuji, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA

[[Page 67640]]

98198; phone: 206-231-3548; email: <a href="/cdn-cgi/l/email-protection#a4e0cbd1c3c8c5d78af0d7ced1cde4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="ace8c3d9cbc0cddf82f8dfc6d9c5eccacdcd82cbc3da">[email protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin B787-81205-SB270044-00, Issue 
003, dated July 7, 2020.
    (ii) Boeing Service Bulletin B787-81205-SB270046-00, Issue 002, 
dated October 24, 2019.
    (iii) Boeing Alert Requirements Bulletin B787-81205-SB270053-00 
RB, Issue 002, dated May 6, 2021.
    (3) 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; website myboeingfleet.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#1d7b6f3374736e6d787e697472735d737c6f7c337a726b"><span class="__cf_email__" data-cfemail="a3c5d18dcacdd0d3c6c0d7cacccde3cdc2d1c28dc4ccd5">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-21673 Filed 9-29-23; 8:45 am]
BILLING CODE 4910-13-P


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