2025-03081: Airworthiness Directives; The Boeing Company Airplanes

Federal Register, Volume 90 Issue 37 (Wednesday, February 26, 2025) [Federal Register Volume 90, Number 37 (Wednesday, February 26, 2025)] [Proposed Rules] [Pages 10703-10705] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-03081] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 90, No. 37 / Wednesday, February 26, 2025 / Proposed Rules [[Page 10703]] 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. 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: [email protected].

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: [email protected]. 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 The FAA reviewed Boeing Alert Requirements Bulletin B787-81205- SB230051-00 RB, Issue 001, dated May [[Page 10704]] 20, 2024. This material specifies procedures for updating the OPS on TCP center, TCP left, and TCP right, and for a performing a software configuration check to make sure that software part number (P/N) COL43- 0025-0004 or later approved software part number is installed. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. 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: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Update software and perform check........ 1.5 work-hours x $85 per * $0 $127.50 $20,017.50 hour = $127.50. ---------------------------------------------------------------------------------------------------------------- * 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 0