90 FR 37 pgs. 10703-10705 - Airworthiness Directives; The Boeing Company Airplanes
Type: PRORULEVolume: 90Number: 37Pages: 10703 - 10705
Pages: 10703, 10704, 10705Docket number: [Docket No. FAA-2025-0204; Project Identifier AD-2024-00327-T]
FR document: [FR Doc. 2025-03081 Filed 2-25-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0204; Project Identifier AD-2024-00327-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Notice of proposed rulemaking (NPRM).
SUMMARY:
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This proposed AD was prompted by reports that very high frequency (VHF) radio frequencies transfer between the active and standby windows of the tuning control panel (TCP) without flightcrew input. The uncommanded frequency changes could result in missed communications between the flightcrew and Air Traffic Control. This proposed AD would require updating the TCP operational software (OPS) and performing a software configuration check. The FAA is proposing this AD to address the unsafe condition on these products.
DATES:
The FAA must receive comments on this proposed AD by April 14, 2025.
ADDRESSES:
You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:
• Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments.
• Fax: 202-493-2251.
• Fax: 202-493-2251.
• Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2025-0204; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
• For Boeing material identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website myboeingfleet.com.
• You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at regulations.gov under Docket No. FAA-2025-0204.
FOR FURTHER INFORMATION CONTACT:
Frank Carreras, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3539; email: frank.carreras@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2025-0204; Project Identifier AD-2024-00327-T" at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as "PROPIN." The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Frank Carreras, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3539; email: frank.carreras@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Background
The FAA has received reports indicating that VHF radio frequencies transfer between the active and standby windows of the TCP without flightcrew input. The flightcrew may not be aware of uncommanded frequency changes and could fail to receive air traffic control communications. This condition, if not addressed, 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.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design.
Material Incorporated by Reference Under 1 CFR Part 51
[top] The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified in the material already described, except as described under "Difference Between this Proposed AD and the Referenced Material," 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 material at regulations.gov under Docket No. FAA-2025-0204.
Difference Between This Proposed AD and the Referenced Material
The applicability of this proposed AD differs from the effectivity of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024. Three airplanes identified in the requirements bulletin have been excluded from the applicability of this proposed AD because the actions specified in the requirements bulletin have been incorporated during production on those airplanes.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would affect 157 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:
Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
---|---|---|---|---|
Update software and perform check | 1.5 work-hours × $85 per hour = $127.50 | *?$0 | $127.50 | $20,017.50 |
*?Boeing has confirmed that there is no charge for the software. |
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed regulation:
(1) Is not a "significant regulatory action" under Executive Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39-AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority:
49 U.S.C. 106(f), 40113, 44701.
§?39.13 [Amended]
2. The FAA amends §?39.13 by adding the following new airworthiness directive:
The Boeing Company: Docket No. FAA-2025-0204; Project Identifier AD-2024-00327-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive (AD) by April 14, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 787-8, 787-9, and 787-10 airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024, excluding airplane line numbers 1164, 1165, and 1170.
(d) Subject
Air Transport Association (ATA) of America Code 23, Communications.
(e) Unsafe Condition
This AD was prompted by reports that very high frequency (VHF) radio frequencies transfer between the active and standby windows of the tuning control panel without flightcrew input. The FAA is issuing this AD to address uncommanded frequency changes. The unsafe condition, if not addressed, could result in missed air traffic control 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.
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the applicable times specified in the "Compliance" paragraph of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024.
[top] Note 1 to paragraph (g): Guidance for accomplishing the actions required by this
(h) Exceptions to Requirements Bulletin Specifications
Where the Compliance Time column of the table in the "Compliance" paragraph of Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024, refers to "the original issue date of this service bulletin," this AD requires using the effective date of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: AMOC@faa.gov.
(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR-520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
(j) Related Information
(1) For more information about this AD, contact Frank Carreras, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3539; email: frank.carreras@faa.gov.
(2) Material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (k)(3) this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin B787-81205-SB230051-00 RB, Issue 001, dated May 20, 2024.
(ii) [Reserved]
(3) For Boeing material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website myboeingfleet.com.
(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov.
Issued on February 12, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.
[FR Doc. 2025-03081 Filed 2-25-25; 8:45 am]
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