Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 82279 

the procedures outlined above in 

paragraph (c) of this section for adverse 

and performance-based actions, or may 

choose instead a third option. In 

accordance with the provisions of 

§ 28.13, such an individual may 

challenge that action by filing directly 

with the PAB, thus bypassing both the 

Office of Opportunity and Inclusiveness 

and the Board’s Office of General 

Counsel. 

(e) Special rules in certain retaliation 

actions. (1) Except as outlined in 

paragraph (c) of this section, whenever 

a charging party raises a claim of 

retaliation that could be raised under 

§ 28.95(h), including the prohibited 

personnel practices listed in 5 U.S.C. 

2302(b)(9), and that claim has not 

already been filed pursuant to GAO 

Order 2713.2, the Board’s General 

Counsel has authority to, and shall 

determine whether the claim relates to 

retaliation for filing or assisting with a 

discrimination complaint filed pursuant 

to GAO Order 2713.2. The General 

Counsel’s determination shall not be 

reviewable. 

(i) If the General Counsel determines 

the claim as described in this paragraph 

(e)(1) relates to retaliation for filing or 

assisting with a discrimination 

complaint filed pursuant to GAO Order 

2713.2, the Board’s Office of General 

Counsel shall instruct the charging party 

to file the claim as a complaint of 

discrimination pursuant to GAO Order 

2713.2. 

(ii) If the General Counsel determines 

the claim as described in this paragraph 

(e)(1) does not relate to retaliation for 

filing or assisting with a discrimination 

complaint pursuant to GAO Order 

2713.2, the Board’s Office of General 

Counsel shall investigate the claim in 

accordance with § 28.12. 

(2) A charging party who files a claim 

that could be raised under § 28.95(g) 

may bring the retaliation claim both as 

a complaint of discrimination under 

§ 28.95 and as a prohibited personnel 

practice under 5 U.S.C. 2302(b)(9). 

(f) Claims related to EEO matters 

pending with EEO. * * * 

(3) Where the Board’s General 

Counsel concludes that one or more 

claims is sufficiently related to a 

discrimination complaint filed by the 

same claimant pursuant to GAO Order 

2713.2 and that it would be appropriate 

to investigate all claims together, the 

Board’s Office of General Counsel may 

hold the related claim(s) in abeyance 

until the Board’s General Counsel 

receives a charge pursuant to paragraph 

(b) of this section with respect to the 

formal discrimination complaint or 

makes a determination that the 

investigation should resume. 

Julia Akins Clark, 

Chair, Personnel Appeals Board, U.S. 

Government Accountability Office. 

[FR Doc. 2023–25647 Filed 11–22–23; 8:45 am] 

BILLING CODE 1610–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2227; Project 

Identifier AD–2022–00113–T] 

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 

certain The Boeing Company Model 

787–8, 787–9, and 787–10 airplanes. 

This proposed AD was prompted by 

incidents related to throttle 

malfunctions during a balked landing 

with the auto-throttle (A/T) engaged, 

potential erroneous readings from the 

low range radio altimeter (LRRA), and 

possible deficiencies in low airspeed 

protections and crew alerting systems. 

This proposed AD would require 

updating the thrust management (TM) 

and displays and crew alerting (DCA) 

operational program software (OPS). 

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 January 8, 2024. 

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 

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. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2227; 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. 

Material Incorporated by Reference: 

• 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; website 

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 

regulations.gov by searching for and 

locating Docket No. FAA–2023–2227. 

FOR FURTHER INFORMATION CONTACT: 

Doug Tsuji, Aviation Safety Engineer, 

FAA, 2200 South 216th St., Des Moines, 

WA 98198; telephone: 206–231–3548; 

email: Douglas.Tsuji@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 ADDRESSES. Include ‘‘Docket No. 

FAA–2023–2227; Project Identifier AD– 

2022–00113–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 this 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 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

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 


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82280 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 

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 Doug Tsuji, Aviation 

Safety Engineer, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone: 

206–231–3548; email: Douglas.Tsuji@

faa.gov. Any commentary that the FAA 

receives that is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA has received reports of 

several incidents involving Model 787 

airplanes related to a throttle 

malfunction. 

The FAA has received a report 

indicating that a design review of the 

dual 787 LRRA system, which included 

an evaluation of airplane health 

management (AHM) records, 

determined that there is an elevated rate 

of in-service altimeter miscompare 

events and loss of output events. 

The FAA received an in-service report 

of a Model 787 airplane with flight 

management function (FMF) Block 

point (BP) 4.0 software experiencing the 

throttle returning to IDLE after manual 

increase of thrust during a balked 

landing with the A/T engaged. 

The FAA has reviewed a report of the 

investigation of an accident that 

revealed deficiencies in low airspeed 

protections and crew alerting systems 

on Model 777 and 787 series airplanes. 

As a result of the above, one or more 

of the following scenarios could occur. 

During landing, erroneous altimeter 

readings from the LRRA could result in 

the A/T not commanding IDLE during 

flare, and, in combination with 

improper crew reaction, could result in 

a runway overrun. 

In addition, if the A/T system is 

engaged during a manual go-around or 

missed approach and the thrust mode is 

set to IDLE, manual attempts to override 

the A/T system by pushing the thrust 

levers forward will not disconnect the 

A/T system as expected, resulting in the 

thrust levers retarding back to IDLE. 

This unexpected loss of thrust, if not 

corrected, could result in a loss of 

altitude and possible controlled flight 

into terrain (CFIT). 

Further, airplanes with versions of 

FMF software prior to BP 4 are 

susceptible to situations where the 

flightcrew may believe the airplane 

systems will prevent the airplane from 

having too low an airspeed for its flight 

condition, when in fact the systems do 

not offer that protection. This can also 

result in a CFIT event. 

While these conditions may result in 

a different outcome, they all can be 

addressed by the same corrective action. 

These conditions, if not addressed, 

could result in unsafe conditions. 

FAA’s Determination 

The FAA is issuing this NPRM after 

determining that the unsafe condition 

described previously is 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– 

SB310018–00 RB, Issue 002, dated July 

15, 2021. This service information 

specifies procedures for installing 

updated DCA OPS software and doing a 

software configuration check. 

The FAA also reviewed Boeing Alert 

Requirements Bulletin B787–81205– 

SB340053–00 RB, Issue 001, dated 

November 16, 2022. This service 

information specifies procedures for 

installing updated TM OPS software 

and doing a software configuration 

check. 

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. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

the service information already 

described, 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. 

Differences Between This Proposed AD 

and the Service Information 

Although the service information 

recommends accomplishing certain 

required actions within 12 months, the 

FAA has determined that a 12 month 

interval would not address the 

identified unsafe condition soon enough 

to ensure an adequate level of safety for 

the affected fleet. In developing an 

appropriate compliance time for this 

AD, the FAA considered the 

manufacturer’s recommendation and the 

degree of urgency associated with the 

subject unsafe condition. In light of 

these factors, the FAA finds that a 6- 

month compliance time represents an 

appropriate interval of time for affected 

airplanes to continue to operate without 

compromising safety. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 125 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Install and check DCA software ............ 3 work-hours × $85 per hour = $255 .... * $0 $255 $31,875 

Install and check TM software ............... 4 work-hours × $85 per hour = $340 .... * 0 340 42,500 

* Boeing has confirmed that there is no charge for the software. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

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 


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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 82281 

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 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) 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

The Boeing Company: Docket No. FAA– 

2023–2227; Project Identifier AD–2022– 

00113–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by January 8, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 787–8, 787–9, and 787–10 airplanes, 

certificated in any category, as identified in 

Boeing Alert Requirements Bulletin B787– 

81205–SB340053–00 RB, Issue 001, dated 

November 16, 2022. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 31, Instruments; 34, 

Navigation. 

(e) Unsafe Condition 

This proposed AD was prompted by 

incidents related to throttle malfunctions 

during a balked landing with the autothrottle (A/T) engaged, potential erroneous 

readings from the low range radio altimeter 

(LRRA), and possible deficiencies in low 

airspeed protections and crew alerting 

systems. The FAA is issuing this AD to 

address problems with thrust management 

(TM) and displays and crew alerting (DCA) 

operational program software. The unsafe 

conditions, if not addressed, could result in 

possible runway overrun or controlled flight 

into terrain. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) For airplanes identified in Boeing Alert 

Requirements Bulletin B787–81205– 

SB310018–00 RB, Issue 002, dated July 15, 

2021: Within 6 months after the effective date 

of this AD, do all applicable actions 

identified in, and in accordance with, the 

Accomplishment Instructions of Boeing Alert 

Requirements Bulletin B787–81205– 

SB310018–00 RB, Issue 002, dated July 15, 

2021. 

Note 1 to paragraph (g)(1): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin B787–81205–SB310018–00, Issue 

002, dated July 15, 2021, which is referred to 

in Boeing Alert Requirements Bulletin B787– 

81205–SB310018–00 RB, Issue 002, dated 

July 15, 2021. 

(2) For airplanes identified in Boeing Alert 

Requirements Bulletin B787–81205– 

SB340053–00 RB, Issue 001, dated November 

16, 2022: Within 6 months after the effective 

date of this AD, do all applicable actions 

identified in, and in accordance with, the 

Accomplishment Instructions of Boeing Alert 

Requirements Bulletin B787–81205– 

SB340053–00 RB, Issue 001, dated November 

16, 2022. 

Note 2 to paragraph (g)(2): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin B787–81205–SB340053–00, Issue 

001, dated November 16, 2022, which is 

referred to in Boeing Alert Requirements 

Bulletin B787–81205–SB340053–00 RB, Issue 

001, dated November 16, 2022. 

(h) 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 (j) of this AD. 

Information may be emailed to: 9-ANMSeattle-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 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. 

(i) Related Information 

For more information about this AD, 

contact Doug Tsuji, Aviation Safety Engineer, 

FAA, 2200 South 216th St., Des Moines, WA 

98198; telephone: 206–231–3548; email: 

Douglas.Tsuji@faa.gov. 

(j) 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 Requirements Bulletin 

B787–81205–SB310018–00 RB, Issue 002, 

dated July 15, 2021. 

(ii) Boeing Alert Requirements Bulletin 

B787–81205–SB340053–00 RB, Issue 001, 

dated November 16, 2022. 

(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 material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on November 17, 2023. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–25866 Filed 11–22–23; 8:45 am] 

BILLING CODE 4910–13–P 


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