[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76413-76416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2227; Project Identifier AD-2022-00113-T; 
Amendment 39-22813; AD 2024-16-07]
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 adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 
This AD was prompted by incidents related to erroneous autothrottle (A/
T) behavior during a balked landing with the 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 AD requires updating the thrust management (TM) and 
displays and crew alerting (DCA) operational program software (OPS). 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 23, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 23, 
2024.

ADDRESSES: 
    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 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 Boeing material 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.
    <bullet> You may view this material 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-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: <a href="/cdn-cgi/l/email-protection#10547f65777c71633e4463657a79507671713e777f66"><span class="__cf_email__" data-cfemail="5f1b302a38333e2c710b2c2a35361f393e3e71383029">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) 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 published in 
the Federal Register on November 24, 2023 (88 FR 82279).

[[Page 76414]]

    The NPRM was prompted by incidents related to erroneous A/T 
behavior during a balked landing with the A/T engaged, potential 
erroneous readings from the LRRA, and possible deficiencies in low 
airspeed protections and crew alerting systems.
    In the NPRM, the FAA proposed to require updating the TM and DCA 
OPS. The FAA is issuing this AD to address problems with the TM and DCA 
OPS, which could result in possible runway overrun or controlled flight 
into terrain.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from an individual who supported the 
NPRM without change.
    The FAA also received comments from four commenters, including Air 
Canada, American Airlines, Boeing, and Qatar Airways. The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Allow Use of Additional Service Information

    Air Canada and Qatar Airways requested that paragraph (g)(1) of the 
proposed AD be revised to also allow compliance using Boeing Alert 
Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, dated 
August 3, 2020, for aircraft on which installation of the DCA software 
update has already been done using Boeing Alert RB B787-81205-SB310018-
00 RB, Issue 001, dated August 3, 2020.
    The FAA agrees with the commenters. There are no technical 
differences between Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021, and Boeing Alert 
Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, dated 
August 3, 2020. The FAA has changed paragraph (g)(1) to include Boeing 
Alert RB B787-81205-SB310018-00 RB, Issue 001, dated August 3, 2020, as 
acceptable for use before the effective date of this AD.
    American Airlines and Qatar Airways requested that the proposed AD 
be revised to ensure that subsequent approved versions of DCA OPS and 
TM OPS software will still be compliant with the proposed AD. American 
Airlines requested that paragraph (g) of the proposed AD be revised to 
read as follows:

    For airplanes identified in paragraph (g) of this AD: Within 6 
months after the effective date of this AD, install DCA OPS P/N 
COL47-0014-0031 or later-approved software version and TM OPS P/N 
HNP55-AL12-5008 or later-approved software version at the locations 
specified in the Service Bulletins. Both the installation and the 
check must be done in accordance with a method approved by the 
Manager, AIR-520, Continues Operation Safety Branch, FAA. Later 
approved software versions are those Boeing software versions that 
are approved as a replacement for the DCA OPS P/N COL47-0014-0031 
and TM OPS P/N HNP55-AL12-5008 and are approved as part of the type 
design by the FAA or by The Boeing Company Organization Designation 
Authorization (ODA).

    The FAA infers this request is to reduce the need for alternative 
methods of compliance (AMOCs) for subsequent (newer) approved versions 
of DCA OPS and TM OPS software.
    The FAA partially agrees with the commenters. The FAA agrees that 
without the usage of the terminology ``or later approved software'' or 
some variation of the wording that allows the use of later-approved 
software, historically ADs related to software changes that did not 
have this wording have resulted in multiple AMOCs for software updates. 
The FAA disagrees with the need to add ``or later approved software'' 
language to paragraph (g) of this AD because this provision is found in 
Boeing Requirements Bulletins B787-81205-SB310018-00 RB, Issue 002, 
dated July 15, 2021, and Boeing Alert Requirements Bulletin B787-81205-
SB340053-00 RB, Issue 001, dated November 16, 2022, which are required 
by paragraphs (g)(1) and (2) of this AD, respectively. The FAA has not 
changed this AD in regard to this comment.

Requests To Clarify Terms in the NPRM

    Boeing requested that ``throttle malfunction'' be replaced with 
``erroneous autothrottle (A/T) behavior'' in the Summary and Background 
of the NPRM, and paragraph (e) in the proposed AD, because the 
description incorrectly describes what occurred.
    The FAA agrees that erroneous A/T behavior is a more accurate 
description of the occurrence. The full Background section is not 
restated in this final rule. The FAA has changed the Summary of the 
NPRM and paragraph (e) of this AD accordingly.
    Boeing also requested that in the Background section, third 
paragraph, ``flight management function (FMF)'' be replaced with 
``Flight Management Function (FMF)/Thrust Management Function (TMF) 
Block Point (BP) 4.0'' because the behavior was due to the design 
changes included in the thrust management operation software and flight 
management BP 4.0.
    The FAA agrees that FMF/TMF BP 4.0 more accurately describes the 
associated change; however, the full text of the NPRM Background 
section is not repeated in the final rule, so no further change is 
necessary to this final rule.
    Boeing further requested that the Background section, sixth 
paragraph, be revised to read ``Airplanes with version TMF software BP 
4 installed, the A/T system is engaged during a manual go-around or 
missed approach . . .'' because the behavior seen during a balked 
landing was introduced with TMF BP 4.0.
    The FAA agrees that the issue of erroneous A/T behavior was 
introduced by FMF/TMF BP 4; however, the full text of the NPRM 
Background section is not repeated in the final rule, so no further 
change is necessary to this final rule.

Request To Delete Terms

    Boeing requested that the FAA revise the NPRM to delete any 
reference related to ``possible deficiencies in low airspeed 
protections and crew alerting systems,'' ``crew alerting systems,'' 
``displays and crew alerting (DCA),'' ``crew alerting (DCA) operational 
software (OPS),'' ``install and check DCA software,'' and ``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'' because the design change included in TMF 4.1 
(TMF BP 4.1) to address 20-PAD-0048 (Erroneous A/T Behavior During 
Balked Landing) and 20-AD-0054 (Erroneous Low Range Radio Altimeter 
Readings) is not dependent on a DCA OPS update.
    Boeing also requested that the FAA revise the NPRM to delete the 
following statements:

    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.
    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.

    Boeing requested these deletions because the autothrottle low 
airspeed enhancements were implemented in FMF/TMF BP 4.0.
    The FAA acknowledges that the changes associated with TMF BP 4.1 
needed to address the issue of erroneous A/T behavior and erroneous 
LRRA readings are not dependent upon a DCA OPS update, but the FAA 
disagrees with removing any reference to the ``deficiencies in low 
airspeed

[[Page 76415]]

protections and crew alerting systems'' or ``crew alerting (DCA) OPS.'' 
Some changes associated with TMF BP 4.1 are to fix an unsafe condition 
(A/T issue) introduced by the previous TMF update BP 4. The FAA had 
intended to mandate TMF BP 4 (in combination with a DCA OPS update) to 
address the unsafe condition of insufficient low airspeed protections 
and crew alerting systems but had to postpone AD action until TMF BP 
4.1 was available over three years later. While TMF BP 4.1 includes the 
TMF BP 4 updates addressing low airspeed protections, this is the first 
time the FAA has mandated requirements to address this unsafe 
condition. The FAA has not changed this AD in regard to this comment.
    The ``Related Service Information Under 1 CFR part 51'' section of 
the NPRM described the procedures specified in Boeing Alert 
Requirements Bulletin B787-81205-SB310018-00 RB, and then added that 
the FAA ``also'' reviewed Boeing Alert Requirements Bulletin B787-
81205-SB340053-00 RB, Issue 001, dated November 16, 2022, which 
specifies procedures for installing updated TM OPS software. Boeing 
requested that the word ``also'' be deleted because there is only one 
Boeing Alert Requirement Bulletin associated with Thrust Management BP 
4.1.
    The FAA disagrees with the request. The documents cited in this 
section of the NPRM (and this final rule) are required sources of 
service information for the requirements of this AD. The two documents 
include different actions (one for installing updated DCA OPS software 
and the other for installing updated TM OPS software), but both are 
necessary to address the unsafe conditions identified in this final 
rule. The FAA has not changed this final rule as a result of this 
comment.

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 Material Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB310018-00 RB, Issue 002, dated July 15, 2021. This material 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 material 
specifies procedures for installing updated TM OPS software and doing a 
software configuration check.
    This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 125 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
----------------------------------------------------------------------------------------------------------------
Install and check DCA software........  3 work-hours x $85 per              * $0            $255         $31,875
                                         hour = $255.
Install and check TM software.........  4 work-hours x $85 per               * 0             340          42,500
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------
* 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 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 adding the following new airworthiness 
directive:

2024-16-07 The Boeing Company: Amendment 39-22813; Docket No. FAA-
2023-2227; Project Identifier AD-2022-00113-T.

[[Page 76416]]

 (a) Effective Date

    This airworthiness directive (AD) is effective October 23, 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 AD was prompted by incidents related to erroneous auto-
throttle (A/T) behavior during a balked landing with the 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; or Boeing 
Alert Requirements Bulletin B787-81205-SB310018-00 RB, Issue 001, 
dated August 3, 2020. After the effective date of this AD, only 
Boeing Alert Requirements Bulletin B787-81205-SB310018-00 RB, Issue 
002, dated July 15, 2021, may be used.

    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.


    Note 2 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 001, dated August 3, 2020, 
which is referred to in Boeing Alert Requirements Bulletin B787-
81205-SB310018-00 RB, Issue 001, dated August 3, 2020.

    (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 3 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)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#7c3d31333f3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="3a7b7775797a5c5b5b145d554c">[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.

 (i) Related Information

    (1) 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: <a href="/cdn-cgi/l/email-protection#4f0b203a28232e3c611b3c3a25260f292e2e61282039"><span class="__cf_email__" data-cfemail="e3a78c96848f8290cdb79096898aa3858282cd848c95">[email protected]</span></a>.
    (2) Material identified in this AD that is not incorporated by 
reference is available at the address specified in paragraph (j)(3) 
this AD.

 (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material 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 material 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 material 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 <a href="/cdn-cgi/l/email-protection#bfd9cd91d6d1cccfdadccbd6d0d1ffd1decdde91d8d0c9"><span class="__cf_email__" data-cfemail="aec8dc80c7c0dddecbcddac7c1c0eec0cfdccf80c9c1d8">[email protected]</span></a>.

    Issued on August 1, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-21144 Filed 9-17-24; 8:45 am]
BILLING CODE 4910-13-P


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