AD 2019-01-04

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4313-4315]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-02160]


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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; Amendment 
39-19543; AD 2019-01-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 787 series airplanes. 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). This AD 
requires 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 AD also requires concurrent actions. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 22, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0902.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) 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.

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: 
<a href="/cdn-cgi/l/email-protection#cfa1aaa3bca0a1e1bcaea1aca7aab58fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="e38d868f908c8dcd90828d808b8699a3858282cd848c95">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 787 series airplanes. The NPRM published in the Federal Register 
on October 23, 2018 (83 FR 53404). The NPRM was prompted by a report of 
an uncommanded descent and turn that occurred after an inflight switch 
to the spare FMF. The NPRM proposed to require an inspection of the FMS 
to determine if certain OPS is installed and installation of new FMS 
OPS and a software check if necessary. For certain airplanes, it also 
proposed to require concurrent actions.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comments received. Boeing, 
Delta Air Lines, and B McCann indicated their support for the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule as proposed, except for minor editorial changes. We 
have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

[[Page 4314]]

Costs of Compliance

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

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

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) Is not a ``significant rule'' under 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.

Adoption of 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 (AD):

2019-01-04 The Boeing Company: Amendment 39-19543; Docket No. FAA-
2018-0902; Product Identifier 2018-NM-047-AD.

(a) Effective Date

    This AD is effective March 22, 2019.

(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-

[[Page 4315]]

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: <a href="/cdn-cgi/l/email-protection#380115797675156b5d594c4c545d15797b77157975777b156a5d494d5d4b4c4b785e5959165f574e"><span class="__cf_email__" data-cfemail="291004686764047a4c485d5d454c04686a66046864666a047b4c585c4c5a5d5a694f4848074e465f">[email&#160;protected]</span></a>.
    (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., Des Moines, WA 98198; phone and fax: 
206-231-3543; email: <a href="/cdn-cgi/l/email-protection#e08e858c938f8ece93818e8388859aa0868181ce878f96"><span class="__cf_email__" data-cfemail="4d2328213e2223633e2c232e2528370d2b2c2c632a223b">[email&#160;protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin B787-81205-SB340038-00 
RB, Issue 001, dated November 16, 2017.
    (ii) Boeing Service Bulletin B787-81205-SB340013-00, Issue 002, 
dated May 6, 2016.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-02160 Filed 2-14-19; 8:45 am]
BILLING CODE 4910-13-P