SUPPLEMENTARY INFORMATION:

Background

The FAA issued an NPRM that proposed 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 was published in the Federal Register on February 26, 2025 (90 FR 10703). The NPRM was prompted by reports that VHF radio frequencies transfer between the active and standby windows of the TCP without flightcrew input. The uncommanded frequency changes could result in missed communications between the flightcrew and Air Traffic Control. The NPRM proposed to require updating the TCP OPS and performing a software configuration check.

The proposed actions were intended to address uncommanded frequency changes, which could result in missed communications such as amended clearances and critical instructions for changes to flight path and consequent loss of safe separation between aircraft, collision, or runway incursion.

Actions Since the NPRM Was Issued

Since issuance of the NPRM, the FAA determined that the update to the TCP OPS specified in the NPRM does not correct the unsafe condition. The manufacturer informed the FAA that, based on fleet reports, it has concluded that the OPS version specified in the NPRM does not correct the unsafe condition. Also, multiple commenters reported concerns with the reliability of the software update or experienced service difficulties after accomplishing the service information. As a result, Boeing is conducting further analysis to determine the root cause of the new reports, and the FAA may consider other rulemaking when an adequate solution is developed to address the unsafe condition.

Withdrawal of the NPRM constitutes only such action and does not preclude the FAA from further rulemaking on this issue, nor does it commit the FAA to any course of action in the future.

Comments

The FAA received comments from Boeing, The Foundation for Aviation Safety, Kenya Airways, ProTech Aero Services Limited (ProTech), and Qatar Airways (Qatar). The following presents the comments received on the NPRM and the FAA's response.

Request To Delay Issuance of the AD

Boeing requested that the FAA delay issuance of the proposed AD until the next OPS version is incorporated into the airplane production line. Boeing stated that based on additional fleet reports, the OPS version specified in the proposed AD, as referenced in Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024 (Issue 001 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB), does not completely address the TCP VHF uncommanded frequency change. Boeing also stated it is continuing to evaluate fleet reports to address the causes of the additional findings in the next OPS version.

The FAA agrees that the OPS version specified in the proposed AD does not correct the unsafe condition. For that reason, the FAA is withdrawing the NPRM and may consider other rulemaking when an adequate solution is developed to address the unsafe condition.

Request To Evaluate New Reports Before Issuing the AD

Qatar requested that the FAA evaluate new in-service reports before mandating the proposed AD. Qatar stated it has modified all of its affected Boeing Model 787 airplanes using Issue 001 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, as proposed, but its flightcrews are reporting similar issues on the modified airplanes. Qatar believes the unsafe condition still exists on modified airplanes and has reported the events to Boeing and the parts manufacturer for further investigation and determination of the root cause.

The FAA is aware that multiple operators have reported concerns about the reliability of the software update or service difficulties after accomplishing Issue 001 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB. As stated previously, the FAA is withdrawing the NPRM and may consider other rulemaking when an adequate solution is developed to address the unsafe condition.

Request to Later Service Information

Kenya Airways and ProTech requested that the FAA revise paragraph (g) of proposed AD to require accomplishment of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 002, dated February 24, 2025 (Issue 002 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB) instead of Issue 001 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB.

The FAA disagrees. The FAA reviewed Issue 002 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB and noted it provides instructions for installing the same software part number identified in Issue 001 of the Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB. Therefore, the FAA has determined Issue 002 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB is also not adequate for addressing the unsafe condition.

Request To Clarify the Root Cause

The Foundation for Aviation Safety noted that the FAA previously issued an NPRM on March 25, 2021 (86 FR 17993, April 7, 2021) to address the unsafe condition, and then withdrew that NPRM on August 31, 2021 (86 FR 50484, September 9, 2021), because the software update in that proposed AD was not effective. Since operators are reporting that the latest software update is still not effective, the commenter asked whether the problem is specific to ( printed page 65144) the software or if there also could be an electrical manufacturing defect.

The FAA is aware that multiple operators have reported concerns with the reliability of the software update or experienced service difficulties after accomplishing Issue 001 of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB. Boeing is conducting further analysis to determine the root cause of the new reports. The FAA may consider other rulemaking when an adequate solution is developed to address the unsafe condition.

FAA's Conclusions

Upon further consideration, the FAA has determined that the NPRM does not adequately address the identified unsafe condition. Accordingly, the NPRM is withdrawn.

Regulatory Findings

Since this action only withdraws an NPRM, it is neither a proposed nor a final rule. This action therefore is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

The Withdrawal

Accordingly, the notice of proposed rulemaking (Docket No. FAA-2025-0204), which was published in the Federal Register on February 26, 2025 (90 FR 10703), is withdrawn.

91 FR 65142