83_FR_53609 83 FR 53404 - Airworthiness Directives; The Boeing Company Airplanes

83 FR 53404 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range53404-53407
FR Document2018-22827

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 787 series airplanes. This proposed AD was prompted by a report of an uncommanded descent and turn that occurred after an inflight switch to the spare flight management function (FMF). This proposed AD would require an inspection of the flight management system (FMS) to determine if certain operational program software (OPS) is installed and installation of new FMS OPS and a software check if necessary. For certain airplanes, this proposed AD would also require concurrent actions. We are proposing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53404-53407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0902; Product Identifier 2018-NM-047-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 787 series airplanes. This proposed AD was 
prompted by a report of an uncommanded descent and turn that occurred 
after an inflight switch to the spare flight management function (FMF). 
This proposed AD would require an inspection of the flight management 
system (FMS) to determine if certain operational program software (OPS) 
is installed and installation of new FMS OPS and a software check if 
necessary. For certain airplanes, this proposed AD would also require 
concurrent actions. We are proposing this AD to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by December 7, 
2018.

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 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 referenced service information at the FAA, Transport 
Standards 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 on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0902.

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-2018-
0902; 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, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nelson Sanchez, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3543; email: 
nelson.sanchez@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-

[[Page 53405]]

2018-0902; Product Identifier 2018-NM-047-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. We will 
consider all comments received by the closing date and may amend this 
NPRM 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 a report of an uncommanded descent and turn that 
occurred when the spare FMF became the master FMF in flight. When the 
master FMF and spare FMF are operating normally, the FMF 
synchronization function sends data from the master to the spare so 
they will have the same flight data. It was found that an anomaly had 
prevented this communication for several flights, causing stale flight 
data to be retained in the spare FMF. In addition, no mechanism is 
currently in place to detect, remove, and replace stale flight data. 
This condition, if not addressed, could result in controlled flight 
into terrain or a mid-air collision.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin B787-81205-SB340038-
00 RB, Issue 001, dated November 16, 2017. The service information 
describes procedures for installing FMS OPS Block Point 3B (BP3B) and 
performing a software check.
    We also reviewed Boeing Service Bulletin B787-81205-SB340013-00, 
Issue 002, dated May 6, 2016. The service information describes 
procedures for installing FMS OPS Block Point 3 (BP3) and performing a 
software 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 the ADDRESSES section.

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 accomplishment of the actions 
identified in the service information described previously, 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.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0902.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin B787-81205-
SB340038-00 RB, Issue 001, dated November 16, 2017, is limited to 
certain Model 787-8 and 787-9 airplanes. However, the applicability of 
this proposed AD includes all Boeing Model 787 series airplanes. 
Because the affected software versions are rotable parts, we have 
determined that these parts could later be installed on airplanes that 
were initially delivered with acceptable software versions, thereby 
subjecting those airplanes to the unsafe condition. This difference has 
been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 144 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per         Cost on U.S.
              Action                      Labor cost           Parts cost        product          operators
----------------------------------------------------------------------------------------------------------------
Records check or inspection......  1 work-hour x $85 per                 $0             $85  $12,240.
                                    hour = $85.
Software installation............  4 work-hours x $85 per                 0             340  Up to $48,960.
                                    hour = $340.
Concurrent actions...............  4 work-hours x $85 per                 0             340  Up to $48,960.
                                    hour = $340.
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated

[[Page 53406]]

appliances to the Director of the System Oversight Division.

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-2018-0902; Product Identifier 
2018-NM-047-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787 series 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a report of an uncommanded descent and 
turn that occurred after an inflight switch to the spare flight 
management function (FMF), due to the retention of stale flight data 
in the spare FMF. We are issuing this AD to address the retention of 
stale flight data in the spare FMF, which, if not addressed, could 
result in controlled flight into terrain or a mid-air collision.

(f) Compliance

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

(g) Required Actions

    (1) For Boeing Model 787 series airplanes that have an original 
certificate of airworthiness or export certificate of airworthiness 
issued on or before the effective date of this AD: Within 12 months 
after the effective date of this AD, inspect the flight management 
system (FMS) to determine if operational program software (OPS) part 
number (P/N) HNP5F-AL11-5010 or HNP58-AL11-5006 is installed. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the FMS OPS can be conclusively 
determined from that review.
    (2) If, during any inspection or records review required by 
paragraph (g)(1) of this AD, FMS OPS P/N HNP5F-AL11-5010 or HNP58-
AL11-5006 is found: Within 12 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-SB340038-00 RB, Issue 001, dated November 16, 
2017; except where Boeing Alert Requirements Bulletin B787-81205-
SB340038-00 RB, Issue 001, dated November 16, 2017, specifies 
installing 34 FMS OPS Block Point 3B, P/N HNP5E-AL11-5011, this AD 
requires installing P/N HNP5E-AL11-5011 or later-approved software 
versions. Later-approved software versions are only those Boeing 
software versions that are approved as a replacement for the 
applicable software, and are approved as part of the type design by 
the FAA or the Boeing Commercial Airplanes Organization Designation 
Authorization (ODA) after issuance of Boeing Alert Requirements 
Bulletin B787-81205-SB340038-00 RB, Issue 001, dated November 16, 
2017.

    Note 1 to paragraph (g) of this AD:  Guidance for accomplishing 
the actions required by paragraph (g) of this AD can be found in 
Boeing Alert Service Bulletin B787-81205-SB340038-00, Issue 001, 
dated November 16, 2017, which is referred to in Boeing Alert 
Requirements Bulletin B787-81205-SB340038-00 RB, Issue 001, dated 
November 16, 2017.

(h) Concurrent Requirements

    For airplanes identified in Boeing Service Bulletin B787-81205-
SB340013-00, Issue 002, dated May 6, 2016: Prior to or concurrently 
with the action required by paragraph (g) of this AD, install FMS, 
Thrust Management System (TMS), and Communication Management 
Function (CMF) software identified in Boeing Service Bulletin B787-
81205-SB340013-00, Issue 002, dated May 6, 2016, and do a software 
check, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin B787-81205-SB340013-00, Issue 002, dated May 6, 
2016; except where Boeing Service Bulletin B787-81205-SB340013-00, 
Issue 002, dated May 6, 2016, specifies installing software, this AD 
requires installing that software or later-approved software 
versions. Later-approved software versions are only those Boeing 
software versions that are approved as a replacement for the 
applicable software, and are approved as part of the type design by 
the FAA or the Boeing Commercial Airplanes ODA after issuance of 
Boeing Service Bulletin B787-81205-SB340013-00, Issue 002, dated May 
6, 2016. If the software check fails, before further flight, 
accomplish corrective actions and repeat the software check and 
applicable corrective actions until the software check is passed.

(i) Parts Installation Prohibition

    As of the effective date of this AD, installation on any 
airplane of FMS OPS version HNP5F-AL11-5010 or HNP58-AL11-5006 is 
prohibited, except as required by paragraph (h) of this AD.

(j) Credit for Previous Actions

    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 Service Bulletin B787-81205-
SB340013-00, Issue 001, dated December 23, 2015.

(k) 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 local Flight Standards District 
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 (l)(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) 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 Commercial Airplanes 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.

(l) Related Information

    (1) For more information about this AD, contact Nelson Sanchez, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St.,

[[Page 53407]]

Des Moines, WA 98198; phone and fax: 206-231-3543; email: 
nelson.sanchez@faa.gov.
    (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, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.


    Issued in Des Moines, Washington, on October 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-22827 Filed 10-22-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                53404                 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules

                                                   This proposed action would increase                  List of Subjects in 7 CFR Part 989                    DATES:  We must receive comments on
                                                the assessment obligation imposed on                      Grapes, Marketing agreements,                       this proposed AD by December 7, 2018.
                                                handlers. While assessments impose                      Raisins, Reporting and recordkeeping                  ADDRESSES: You may send comments,
                                                some additional costs on handlers, the                  requirements.                                         using the procedures found in 14 CFR
                                                costs are minimal and uniform on all                                                                          11.43 and 11.45, by any of the following
                                                handlers, and some of the additional                      For the reasons set forth in the
                                                                                                                                                              methods:
                                                                                                        preamble, 7 CFR part 989 is proposed to
                                                costs may be passed on to producers.                                                                             • Federal eRulemaking Portal: Go to
                                                However, these costs would be offset by                 be amended as follows:
                                                                                                                                                              http://www.regulations.gov. Follow the
                                                the benefits derived from the operation                                                                       instructions for submitting comments.
                                                                                                        PART 989—RAISINS PRODUCED
                                                of the Order.
                                                                                                        FROM GRAPES GROWN IN                                     • Fax: 202–493–2251.
                                                   The meetings of the Audit                                                                                     • Mail: U.S. Department of
                                                Subcommittee and the Committee were                     CALIFORNIA
                                                                                                                                                              Transportation, Docket Operations,
                                                widely publicized throughout the                        ■ 1. The authority citation for 7 CFR                 M–30, West Building Ground Floor,
                                                California raisin industry. All interested              part 989 continues to read as follows:                Room W12–140, 1200 New Jersey
                                                persons were invited to attend the                                                                            Avenue SE, Washington, DC 20590.
                                                meetings and encouraged to participate                      Authority: 7 U.S.C. 601–674.
                                                                                                                                                                 • Hand Delivery: Deliver to Mail
                                                in Committee deliberations on all                       ■ 2. Section 989.347 is revised to read               address above between 9 a.m. and 5
                                                issues. Like all subcommittee and                       as follows:                                           p.m., Monday through Friday, except
                                                Committee meetings, the June 13, 2018,                                                                        Federal holidays.
                                                and June 27, 2018, meetings,                            § 989.347    Assessment rate.
                                                                                                                                                                 For service information identified in
                                                respectively, were public meetings, and                   On and after August 1, 2018, an                     this NPRM, contact Boeing Commercial
                                                all entities, both large and small, were                assessment rate of $22.00 per ton is                  Airplanes, Attention: Contractual & Data
                                                able to express views on this issue.                    established for assessable raisins                    Services (C&DS), 2600 Westminster
                                                Interested persons are invited to submit                produced from grapes grown in                         Blvd., MC 110–SK57, Seal Beach, CA
                                                comments on this proposed rule,                         California.                                           90740–5600; telephone 562–797–1717;
                                                including the regulatory and                              Dated: October 17, 2018.                            internet https://
                                                information collection impacts of this                  Bruce Summers,                                        www.myboeingfleet.com. You may view
                                                action on small businesses.                                                                                   this referenced service information at
                                                                                                        Administrator, Agricultural Marketing
                                                   In accordance with the Paperwork
                                                                                                        Service.                                              the FAA, Transport Standards Branch,
                                                Reduction Act of 1995 (44 U.S.C.
                                                                                                        [FR Doc. 2018–23091 Filed 10–22–18; 8:45 am]          2200 South 216th St., Des Moines, WA.
                                                Chapter 35), the Order’s information
                                                                                                        BILLING CODE 3410–02–P                                For information on the availability of
                                                collection requirements have been
                                                                                                                                                              this material at the FAA, call 206–231–
                                                previously approved by the OMB and
                                                                                                                                                              3195. It is also available on the internet
                                                assigned OMB No. 0581–0178 Vegetable
                                                and Specialty Crops. No changes in                      DEPARTMENT OF TRANSPORTATION                          at http://www.regulations.gov by
                                                those requirements would be necessary                                                                         searching for and locating Docket No.
                                                as a result of this action. Should any                  Federal Aviation Administration                       FAA–2018–0902.
                                                changes become necessary, they would                                                                          Examining the AD Docket
                                                be submitted to OMB for approval.                       14 CFR Part 39
                                                                                                                                                                 You may examine the AD docket on
                                                   This proposed rule would not impose                  [Docket No. FAA–2018–0902; Product                    the internet at http://
                                                any additional reporting or                             Identifier 2018–NM–047–AD]
                                                                                                                                                              www.regulations.gov by searching for
                                                recordkeeping requirements on either
                                                                                                        RIN 2120–AA64                                         and locating Docket No. FAA–2018–
                                                small or large California raisin handlers.
                                                                                                                                                              0902; or in person at Docket Operations
                                                As with all Federal marketing order                     Airworthiness Directives; The Boeing                  between 9 a.m. and 5 p.m., Monday
                                                programs, reports and forms are                         Company Airplanes                                     through Friday, except Federal holidays.
                                                periodically reviewed to reduce
                                                                                                        AGENCY: Federal Aviation                              The AD docket contains this NPRM, the
                                                information requirements and
                                                                                                        Administration (FAA), DOT.                            regulatory evaluation, any comments
                                                duplication by industry and public
                                                                                                                                                              received, and other information. The
                                                sector agencies.                                        ACTION: Notice of proposed rulemaking
                                                   AMS is committed to complying with                                                                         street address for Docket Operations
                                                                                                        (NPRM).
                                                the E-Government Act, to promote the                                                                          (phone: 800–647–5527) is in the
                                                                                                        SUMMARY:   We propose to adopt a new                  ADDRESSES section. Comments will be
                                                use of the internet and other
                                                information technologies to provide                     airworthiness directive (AD) for all The              available in the AD docket shortly after
                                                increased opportunities for citizen                     Boeing Company Model 787 series                       receipt.
                                                access to Government information and                    airplanes. This proposed AD was                       FOR FURTHER INFORMATION CONTACT:
                                                services, and for other purposes.                       prompted by a report of an                            Nelson Sanchez, Aerospace Engineer,
                                                   USDA has not identified any relevant                 uncommanded descent and turn that                     Systems and Equipment Section, FAA,
                                                Federal rules that duplicate, overlap, or               occurred after an inflight switch to the              Seattle ACO Branch, 2200 South 216th
                                                conflict with this proposed rule.                       spare flight management function                      St., Des Moines, WA 98198; phone and
                                                   A small business guide on complying                  (FMF). This proposed AD would require                 fax: 206–231–3543; email:
                                                with fruit, vegetable, and specialty crop               an inspection of the flight management                nelson.sanchez@faa.gov.
khammond on DSK30JT082PROD with PROPOSAL




                                                marketing agreements and orders may                     system (FMS) to determine if certain                  SUPPLEMENTARY INFORMATION:
                                                be viewed at: http://www.ams.usda.gov/                  operational program software (OPS) is
                                                rules-regulations/moa/small-businesses.                 installed and installation of new FMS                 Comments Invited
                                                Any questions about the compliance                      OPS and a software check if necessary.                  We invite you to send any written
                                                guide should be sent to Richard Lower                   For certain airplanes, this proposed AD               relevant data, views, or arguments about
                                                at the previously mentioned address in                  would also require concurrent actions.                this proposal. Send your comments to
                                                the FOR FURTHER INFORMATION CONTACT                     We are proposing this AD to address the               an address listed under the ADDRESSES
                                                section.                                                unsafe condition on these products.                   section. Include ‘‘Docket No. FAA–


                                           VerDate Sep<11>2014   17:09 Oct 22, 2018   Jkt 247001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\23OCP1.SGM   23OCP1


                                                                           Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules                                                    53405

                                                2018–0902; Product Identifier 2018–                               (BP3B) and performing a software                      enhancement is a process for annotating
                                                NM–047–AD’’ at the beginning of your                              check.                                                which steps in the service information
                                                comments. We specifically invite                                     We also reviewed Boeing Service                    are ‘‘required for compliance’’ (RC) with
                                                comments on the overall regulatory,                               Bulletin B787–81205–SB340013–00,                      an AD. Boeing has implemented this RC
                                                economic, environmental, and energy                               Issue 002, dated May 6, 2016. The                     concept into Boeing service bulletins.
                                                aspects of this NPRM. We will consider                            service information describes                           In an effort to further improve the
                                                all comments received by the closing                              procedures for installing FMS OPS                     quality of ADs and AD-related Boeing
                                                date and may amend this NPRM                                      Block Point 3 (BP3) and performing a                  service information, a joint process
                                                because of those comments.                                        software check. This service information              improvement initiative was worked
                                                   We will post all comments we                                   is reasonably available because the                   between the FAA and Boeing. The
                                                receive, without change, to http://                               interested parties have access to it                  initiative resulted in the development of
                                                www.regulations.gov, including any                                through their normal course of business               a new process in which the service
                                                personal information you provide. We                              or by the means identified in the                     information more clearly identifies the
                                                will also post a report summarizing each                          ADDRESSES section.                                    actions needed to address the unsafe
                                                substantive verbal contact we receive                             FAA’s Determination                                   condition in the ‘‘Accomplishment
                                                about this proposed AD.                                                                                                 Instructions.’’ The new process results
                                                                                                                    We are proposing this AD because we
                                                                                                                                                                        in a Boeing Requirements Bulletin,
                                                Discussion                                                        evaluated all the relevant information
                                                                                                                                                                        which contains only the actions needed
                                                   We have received a report of an                                and determined the unsafe condition
                                                                                                                                                                        to address the unsafe condition (i.e.,
                                                uncommanded descent and turn that                                 described previously is likely to exist or
                                                                                                                                                                        only the RC actions).
                                                occurred when the spare FMF became                                develop in other products of the same
                                                                                                                  type design.                                          Differences Between This Proposed AD
                                                the master FMF in flight. When the
                                                                                                                                                                        and the Service Information
                                                master FMF and spare FMF are                                      Proposed AD Requirements
                                                operating normally, the FMF                                         This proposed AD would require                         The effectivity of Boeing Alert
                                                synchronization function sends data                               accomplishment of the actions                         Requirements Bulletin B787–81205–
                                                from the master to the spare so they will                         identified in the service information                 SB340038–00 RB, Issue 001, dated
                                                have the same flight data. It was found                           described previously, except as                       November 16, 2017, is limited to certain
                                                that an anomaly had prevented this                                discussed under ‘‘Differences Between                 Model 787–8 and 787–9 airplanes.
                                                communication for several flights,                                this Proposed AD and the Service                      However, the applicability of this
                                                causing stale flight data to be retained                          Information,’’ and except for any                     proposed AD includes all Boeing Model
                                                in the spare FMF. In addition, no                                 differences identified as exceptions in               787 series airplanes. Because the
                                                mechanism is currently in place to                                the regulatory text of this proposed AD.              affected software versions are rotable
                                                detect, remove, and replace stale flight                            For information on the procedures                   parts, we have determined that these
                                                data. This condition, if not addressed,                           and compliance times, see this service                parts could later be installed on
                                                could result in controlled flight into                            information at http://                                airplanes that were initially delivered
                                                terrain or a mid-air collision.                                   www.regulations.gov by searching for                  with acceptable software versions,
                                                                                                                  and locating Docket No. FAA–2018–                     thereby subjecting those airplanes to the
                                                Related Service Information Under 1
                                                                                                                  0902.                                                 unsafe condition. This difference has
                                                CFR Part 51
                                                                                                                                                                        been coordinated with Boeing.
                                                  We reviewed Boeing Alert                                        Explanation of Requirements Bulletin
                                                                                                                                                                        Costs of Compliance
                                                Requirements Bulletin B787–81205–                                   The FAA worked in conjunction with
                                                SB340038–00 RB, Issue 001, dated                                  industry, under the Airworthiness                        We estimate that this proposed AD
                                                November 16, 2017. The service                                    Directive Implementation Aviation                     affects 144 airplanes of U.S. registry. We
                                                information describes procedures for                              Rulemaking Committee (AD ARC), to                     estimate the following costs to comply
                                                installing FMS OPS Block Point 3B                                 enhance the AD system. One                            with this proposed AD:

                                                                                                                ESTIMATED COSTS FOR REQUIRED ACTIONS
                                                                                                                                                                                       Cost per        Cost on U.S.
                                                                        Action                                                 Labor cost                         Parts cost           product          operators

                                                Records check or inspection ......................            1 work-hour × $85 per hour = $85 ...........                     $0             $85   $12,240.
                                                Software installation ....................................    4 work-hours × $85 per hour = $340 .......                        0             340   Up to $48,960.
                                                Concurrent actions ......................................     4 work-hours × $85 per hour = $340 .......                        0             340   Up to $48,960.



                                                Authority for This Rulemaking                                     ‘‘General requirements.’’ Under that                     This proposed AD is issued in
                                                                                                                  section, Congress charges the FAA with                accordance with authority delegated by
                                                  Title 49 of the United States Code                              promoting safe flight of civil aircraft in            the Executive Director, Aircraft
                                                specifies the FAA’s authority to issue
                                                                                                                  air commerce by prescribing regulations               Certification Service, as authorized by
                                                rules on aviation safety. Subtitle I,
                                                                                                                  for practices, methods, and procedures                FAA Order 8000.51C. In accordance
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                                                section 106, describes the authority of
                                                                                                                  the Administrator finds necessary for                 with that order, issuance of ADs is
                                                the FAA Administrator. Subtitle VII:
                                                Aviation Programs, describes in more                              safety in air commerce. This regulation               normally a function of the Compliance
                                                detail the scope of the Agency’s                                  is within the scope of that authority                 and Airworthiness Division, but during
                                                authority.                                                        because it addresses an unsafe condition              this transition period, the Executive
                                                                                                                  that is likely to exist or develop on                 Director has delegated the authority to
                                                  We are issuing this rulemaking under
                                                                                                                  products identified in this rulemaking                issue ADs applicable to transport
                                                the authority described in Subtitle VII,
                                                                                                                  action.                                               category airplanes and associated
                                                Part A, Subpart III, Section 44701:


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                                                53406                 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules

                                                appliances to the Director of the System                (e) Unsafe Condition                                  (CMF) software identified in Boeing Service
                                                Oversight Division.                                        This AD was prompted by a report of an             Bulletin B787–81205–SB340013–00, Issue
                                                                                                        uncommanded descent and turn that                     002, dated May 6, 2016, and do a software
                                                Regulatory Findings                                     occurred after an inflight switch to the spare        check, in accordance with the
                                                  We determined that this proposed AD                   flight management function (FMF), due to the          Accomplishment Instructions of Boeing
                                                                                                        retention of stale flight data in the spare           Service Bulletin B787–81205–SB340013–00,
                                                would not have federalism implications
                                                                                                        FMF. We are issuing this AD to address the            Issue 002, dated May 6, 2016; except where
                                                under Executive Order 13132. This                                                                             Boeing Service Bulletin B787–81205–
                                                                                                        retention of stale flight data in the spare
                                                proposed AD would not have a                            FMF, which, if not addressed, could result in         SB340013–00, Issue 002, dated May 6, 2016,
                                                substantial direct effect on the States, on             controlled flight into terrain or a mid-air           specifies installing software, this AD requires
                                                the relationship between the national                   collision.                                            installing that software or later-approved
                                                Government and the States, or on the                                                                          software versions. Later-approved software
                                                distribution of power and                               (f) Compliance                                        versions are only those Boeing software
                                                responsibilities among the various                         Comply with this AD within the                     versions that are approved as a replacement
                                                levels of government.                                   compliance times specified, unless already            for the applicable software, and are approved
                                                  For the reasons discussed above, I                    done.                                                 as part of the type design by the FAA or the
                                                                                                                                                              Boeing Commercial Airplanes ODA after
                                                certify this proposed regulation:                       (g) Required Actions
                                                                                                                                                              issuance of Boeing Service Bulletin B787–
                                                  (1) Is not a ‘‘significant regulatory                    (1) For Boeing Model 787 series airplanes          81205–SB340013–00, Issue 002, dated May 6,
                                                action’’ under Executive Order 12866,                   that have an original certificate of                  2016. If the software check fails, before
                                                  (2) Is not a ‘‘significant rule’’ under               airworthiness or export certificate of                further flight, accomplish corrective actions
                                                the DOT Regulatory Policies and                         airworthiness issued on or before the                 and repeat the software check and applicable
                                                Procedures (44 FR 11034, February 26,                   effective date of this AD: Within 12 months           corrective actions until the software check is
                                                1979),                                                  after the effective date of this AD, inspect the      passed.
                                                  (3) Will not affect intrastate aviation               flight management system (FMS) to
                                                                                                        determine if operational program software             (i) Parts Installation Prohibition
                                                in Alaska, and                                          (OPS) part number (P/N) HNP5F–AL11–5010
                                                  (4) Will not have a significant                                                                                As of the effective date of this AD,
                                                                                                        or HNP58–AL11–5006 is installed. A review             installation on any airplane of FMS OPS
                                                economic impact, positive or negative,                  of airplane maintenance records is acceptable         version HNP5F–AL11–5010 or HNP58–
                                                on a substantial number of small entities               in lieu of this inspection if the part number         AL11–5006 is prohibited, except as required
                                                under the criteria of the Regulatory                    of the FMS OPS can be conclusively                    by paragraph (h) of this AD.
                                                Flexibility Act.                                        determined from that review.
                                                                                                           (2) If, during any inspection or records           (j) Credit for Previous Actions
                                                List of Subjects in 14 CFR Part 39                      review required by paragraph (g)(1) of this              This paragraph provides credit for the
                                                  Air transportation, Aircraft, Aviation                AD, FMS OPS P/N HNP5F–AL11–5010 or                    actions specified in paragraph (h) of this AD,
                                                                                                        HNP58–AL11–5006 is found: Within 12                   if those actions were performed before the
                                                safety, Incorporation by reference,
                                                                                                        months after the effective date of this AD, do        effective date of this AD using Boeing Service
                                                Safety.                                                 all applicable actions identified in, and in          Bulletin B787–81205–SB340013–00, Issue
                                                The Proposed Amendment                                  accordance with, the Accomplishment                   001, dated December 23, 2015.
                                                                                                        Instructions of Boeing Alert Requirements
                                                  Accordingly, under the authority                      Bulletin B787–81205–SB340038–00 RB, Issue             (k) Alternative Methods of Compliance
                                                delegated to me by the Administrator,                   001, dated November 16, 2017; except where            (AMOCs)
                                                the FAA proposes to amend 14 CFR part                   Boeing Alert Requirements Bulletin B787–                (1) The Manager, Seattle ACO Branch,
                                                39 as follows:                                          81205–SB340038–00 RB, Issue 001, dated                FAA, has the authority to approve AMOCs
                                                                                                        November 16, 2017, specifies installing 34            for this AD, if requested using the procedures
                                                PART 39—AIRWORTHINESS                                   FMS OPS Block Point 3B, P/N HNP5E–                    found in 14 CFR 39.19. In accordance with
                                                DIRECTIVES                                              AL11–5011, this AD requires installing P/N            14 CFR 39.19, send your request to your
                                                                                                        HNP5E–AL11–5011 or later-approved                     principal inspector or local Flight Standards
                                                ■ 1. The authority citation for part 39                 software versions. Later-approved software            District Office, as appropriate. If sending
                                                                                                        versions are only those Boeing software               information directly to the manager of the
                                                continues to read as follows:
                                                                                                        versions that are approved as a replacement           certification office, send it to the attention of
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.          for the applicable software, and are approved         the person identified in paragraph (l)(1) of
                                                                                                        as part of the type design by the FAA or the          this AD. Information may be emailed to: 9-
                                                § 39.13   [Amended]                                     Boeing Commercial Airplanes Organization              ANM-Seattle-ACO-AMOC-Requests@faa.gov.
                                                ■ 2. The FAA amends § 39.13 by adding                   Designation Authorization (ODA) after                   (2) Before using any approved AMOC,
                                                the following new airworthiness                         issuance of Boeing Alert Requirements                 notify your appropriate principal inspector,
                                                directive (AD):                                         Bulletin B787–81205–SB340038–00 RB, Issue             or lacking a principal inspector, the manager
                                                                                                        001, dated November 16, 2017.                         of the local flight standards district office/
                                                The Boeing Company: Docket No. FAA–
                                                                                                           Note 1 to paragraph (g) of this AD:                certificate holding district office.
                                                    2018–0902; Product Identifier 2018–
                                                                                                        Guidance for accomplishing the actions                  (3) An AMOC that provides an acceptable
                                                    NM–047–AD.                                          required by paragraph (g) of this AD can be           level of safety may be used for any repair,
                                                (a) Comments Due Date                                   found in Boeing Alert Service Bulletin B787–          modification, or alteration required by this
                                                                                                        81205–SB340038–00, Issue 001, dated                   AD if it is approved by the Boeing
                                                  We must receive comments by December 7,
                                                                                                        November 16, 2017, which is referred to in            Commercial Airplanes ODA that has been
                                                2018.
                                                                                                        Boeing Alert Requirements Bulletin B787–              authorized by the Manager, Seattle ACO
                                                (b) Affected ADs                                        81205–SB340038–00 RB, Issue 001, dated                Branch, FAA, to make those findings. To be
                                                  None.                                                 November 16, 2017.                                    approved, the repair method, modification
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                                                                                                                                                              deviation, or alteration deviation must meet
                                                (c) Applicability                                       (h) Concurrent Requirements                           the certification basis of the airplane, and the
                                                   This AD applies to all The Boeing                      For airplanes identified in Boeing Service          approval must specifically refer to this AD.
                                                Company Model 787 series airplanes,                     Bulletin B787–81205–SB340013–00, Issue
                                                                                                        002, dated May 6, 2016: Prior to or                   (l) Related Information
                                                certificated in any category.
                                                                                                        concurrently with the action required by                 (1) For more information about this AD,
                                                (d) Subject                                             paragraph (g) of this AD, install FMS, Thrust         contact Nelson Sanchez, Aerospace Engineer,
                                                  Air Transport Association (ATA) of                    Management System (TMS), and                          Systems and Equipment Section, FAA,
                                                America Code 34, Navigation.                            Communication Management Function                     Seattle ACO Branch, 2200 South 216th St.,



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                                                                      Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules                                              53407

                                                Des Moines, WA 98198; phone and fax: 206–               Room W12–140, 1200 New Jersey                         information you provide. We will also
                                                231–3543; email: nelson.sanchez@faa.gov.                Avenue SE, Washington, DC 20590.                      post a report summarizing each
                                                   (2) For service information identified in              • Hand Delivery: U.S. Department of                 substantive verbal contact we receive
                                                this AD, contact Boeing Commercial                      Transportation, Docket Operations,                    about this proposed AD.
                                                Airplanes, Attention: Contractual & Data
                                                Services (C&DS), 2600 Westminster Blvd.,
                                                                                                        M–30, West Building Ground Floor,
                                                                                                                                                              Discussion
                                                MC 110–SK57, Seal Beach, CA 90740–5600;                 Room W12–140, 1200 New Jersey
                                                telephone 562–797–1717; internet https://               Avenue SE, Washington, DC 20590,                        The Civil Aviation Authority (CAA),
                                                www.myboeingfleet.com. You may view this                between 9 a.m. and 5 p.m., Monday                     which is the aviation authority for New
                                                referenced service information at the FAA,              through Friday, except Federal holidays.              Zealand, has issued AD DCA/750XL/29,
                                                Transport Standards Branch, 2200 South                    For service information identified in               dated July 5, 2018 (referred to after this
                                                216th St., Des Moines, WA. For information              this proposed AD, contact Pacific                     as ‘‘the MCAI’’), to correct an unsafe
                                                on the availability of this material at the             Aerospace Limited, Airport Road,                      condition for Pacific Aerospace Limited
                                                FAA, call 206–231–3195.                                 Hamilton, Private Bag 3027, Hamilton                  Model 750XL airplanes. The MCAI
                                                  Issued in Des Moines, Washington, on                  3240, New Zealand; phone: +64 7843                    states:
                                                October 10, 2018.                                       6144; fax: +64 843 6134; email: pacific@                 The insulation lagging provided by the air-
                                                Michael Kaszycki,                                       aerospace.co.nz; internet:                            conditioning supplier has been found to be
                                                Acting Director, System Oversight Division,
                                                                                                        www.aerospace.co.nz. You may review                   non-compliant and may cause large amounts
                                                                                                        this referenced service information at                of smoke in the cabin in the event of a fire.
                                                Aircraft Certification Service.
                                                                                                        the FAA, Policy and Innovation                        DCA/750XL/29 issued to mandate the
                                                [FR Doc. 2018–22827 Filed 10–22–18; 8:45 am]                                                                  instructions in Pacific Aerospace Mandatory
                                                                                                        Division, 901 Locust, Kansas City,
                                                BILLING CODE 4910–13–P                                                                                        Service Bulletin (MSB) PACSB/XL/086 issue
                                                                                                        Missouri 64106. For information on the
                                                                                                                                                              2, dated 6 April 2018, or later approved
                                                                                                        availability of this material at the FAA,             revision to correct non-compliant insulation
                                                DEPARTMENT OF TRANSPORTATION                            call (816) 329–4148.                                  lagging on the refrigerant hoses of the air-
                                                                                                        Examining the AD Docket                               conditioning system.
                                                Federal Aviation Administration                                                                                 You may examine the MCAI on the
                                                                                                          You may examine the AD docket on
                                                                                                        the internet at http://                               internet at http://www.regulations.gov
                                                14 CFR Part 39                                                                                                by searching for and locating Docket No.
                                                                                                        www.regulations.gov by searching for
                                                [Docket No. FAA–2018–0895; Product                      and locating Docket No. FAA–2018–                     FAA–2018–0895.
                                                Identifier 2018–CE–037–AD]                              0895; or in person at Docket Operations               Related Service Information Under 1
                                                RIN 2120–AA64                                           between 9 a.m. and 5 p.m., Monday                     CFR Part 51
                                                                                                        through Friday, except Federal holidays.
                                                                                                                                                                Pacific Aerospace Limited has issued
                                                Airworthiness Directives; Pacific                       The AD docket contains this proposed
                                                                                                                                                              Pacific Aerospace Service Bulletin
                                                Aerospace Limited Airplanes                             AD, the regulatory evaluation, any
                                                                                                                                                              PACSB/XL/086, Issue 2, dated April 6,
                                                                                                        comments received, and other
                                                AGENCY: Federal Aviation                                                                                      2018. The service information provides
                                                                                                        information. The street address for
                                                Administration (FAA), Department of                                                                           instructions for replacing the
                                                                                                        Docket Operations (telephone (800)
                                                Transportation (DOT).                                                                                         noncompliant insulation lagging with
                                                                                                        647–5527) is in the ADDRESSES section.
                                                ACTION: Notice of proposed rulemaking
                                                                                                                                                              compliant materials. This service
                                                                                                        Comments will be available in the AD
                                                (NPRM).                                                                                                       information is reasonably available
                                                                                                        docket shortly after receipt.
                                                                                                                                                              because the interested parties have
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      access to it through their normal course
                                                SUMMARY:   We propose to adopt a new
                                                                                                        Mike Kiesov, Aerospace Engineer, FAA,                 of business or by the means identified
                                                airworthiness directive (AD) for Pacific
                                                                                                        Small Airplane Standards Branch, 901                  in the ADDRESSES section.
                                                Aerospace Limited Model 750XL
                                                                                                        Locust, Room 301, Kansas City,
                                                airplanes. This proposed AD results                                                                           FAA’s Determination and Requirements
                                                                                                        Missouri 64106; telephone: (816) 329–
                                                from mandatory continuing                                                                                     of This Proposed AD
                                                                                                        4144; fax: (816) 329–4090; email:
                                                airworthiness information (MCAI)
                                                                                                        mike.kiesov@faa.gov.                                    This product has been approved by
                                                originated by an aviation authority of
                                                another country to identify and correct                 SUPPLEMENTARY INFORMATION:                            the aviation authority of another
                                                an unsafe condition on an aviation                                                                            country, and is approved for operation
                                                                                                        Comments Invited
                                                product. The MCAI describes the unsafe                                                                        in the United States. Pursuant to our
                                                condition as non-compliant insulation                     We invite you to send any written                   bilateral agreement with this State of
                                                lagging on the refrigerant hoses of the                 relevant data, views, or arguments about              Design Authority, they have notified us
                                                air-conditioning system. We are issuing                 this proposed AD. Send your comments                  of the unsafe condition described in the
                                                this proposed AD to require actions to                  to an address listed under the                        MCAI and service information
                                                                                                        ADDRESSES section. Include ‘‘Docket No.               referenced above. We are proposing this
                                                address the unsafe condition on these
                                                products.                                               FAA–2018–0895; Product Identifier                     AD because we evaluated all
                                                                                                        2018–CE–037–AD’’ at the beginning of                  information and determined the unsafe
                                                DATES:  We must receive comments on                     your comments. We specifically invite                 condition exists and is likely to exist or
                                                this proposed AD by December 7, 2018.                   comments on the overall regulatory,                   develop on other products of the same
                                                ADDRESSES: You may send comments by                     economic, environmental, and energy                   type design.
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                                                any of the following methods:                           aspects of this proposed AD. We will
                                                  • Federal eRulemaking Portal: Go to                   consider all comments received by the                 Costs of Compliance
                                                http://www.regulations.gov. Follow the                  closing date and may amend this                         We estimate that this proposed AD
                                                instructions for submitting comments.                   proposed AD because of those                          will affect 22 products of U.S. registry.
                                                  • Fax: (202) 493–2251.                                comments.                                             We also estimate that it would take
                                                  • Mail: U.S. Department of                              We will post all comments we                        about 32 work-hours per product to
                                                Transportation, Docket Operations,                      receive, without change, to http://                   comply with the basic requirements of
                                                M–30, West Building Ground Floor,                       regulations.gov, including any personal               this proposed AD. The average labor


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Document Created: 2018-10-23 04:14:04
Document Modified: 2018-10-23 04:14:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by December 7, 2018.
ContactNelson Sanchez, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3543; email: [email protected]
FR Citation83 FR 53404 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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