Airworthiness Directives; The Boeing Company Airplanes

[Federal Register Volume 91, Number 114 (Monday, June 15, 2026)]
[Rules and Regulations]
[Pages 35873-35876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-11974]



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Federal Register / Vol. 91, No. 114 / Monday, June 15, 2026 / Rules 
and Regulations

[[Page 35873]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2025-3426; Project Identifier AD-2025-00342-T; 
Amendment 39-23377; AD 2026-12-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. 
This AD was prompted by reports of an uncommanded change to the mode 
control panel (MCP) selected altitude. This AD requires replacing the 
existing MCP with an updated MCP and performing an installation test. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 20, 2026.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 20, 
2026.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2025-3426; 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, any comments received, and other 
information. The address for Docket Operations 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.
    Material Incorporated by Reference:
    <bullet> 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.
    <bullet> 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-2025-3426.

FOR FURTHER INFORMATION CONTACT: Michael Closson, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3973; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) 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 November 17, 2025 (90 FR 51225). 
The NPRM was prompted by reports of an uncommanded change to the MCP 
selected altitude. In the NPRM, the FAA proposed to require replacing 
the existing MCP with an updated MCP and performing an installation 
test. The FAA is issuing this AD to address uncommanded changes to the 
MCP selected altitude. The unsafe condition, if not addressed, could 
result in controlled flight into terrain (CFIT) or traffic conflict, 
which may result in mid-air collision.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International, (ALPA), Boeing, KLM Royal Dutch Airlines, and United 
Airlines who supported the NPRM without change.
    The FAA received additional comments from Etihad Airways and the 
Citizens Rulemaking Alliance. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Prohibit the Installation of Affected Parts

    Etihad Airways requested that the FAA add a requirement to prohibit 
the installation of MCP, part numbers (P/Ns) 4091640-901, 4091640-902, 
and 4091640-903 as of the effective date of the AD.
    The FAA does not agree that it is necessary to prohibit the 
installation of the affected parts as of the effective date of the AD. 
There are very few affected spares in operators' inventories because 
the MCP is not typically replaced in service. Further, due to the 
limited availability of new unaffected parts, a few new unaffected 
parts will be made available to each affected operator. The FAA expects 
that affected operators will likely remove and return an affected part 
to the supplier for retrofit, and that the new unaffected part will be 
installed on the airplane while the affected part is upgraded. 
Therefore, no change to this AD is necessary in this regard.

Request To Justify Forgoing Notice and Comment or Reopen Comment Period

    The Citizens Rulemaking Alliance requested that the FAA either 
provide its justification for finding good cause to bypass notice, or 
convert this action to an NPRM. The commenter asserted the FAA has not 
adequately justified use of the good cause exemption.
    The FAA notes the comment was submitted in response to an NPRM for 
which the FAA provided a 45-day comment period. This final rule is 
effective 35 days after its publication in the Federal Register. 
Therefore, no change to this AD is necessary.

Request To Make Incorporation by Reference (IBR) Materials Reasonably 
Available

    The Citizens Rulemaking Alliance requested that the FAA make IBR 
material available and free to the public during the comment period. 
The commenter stated that the FAA should describe in the preamble of 
the AD how the FAA has ensured IBR material is reasonably available in 
accordance with 1 CFR 51.5 and 51.9.

[[Page 35874]]

    The FAA notes that in the preamble of the NPRM, the public was 
notified that the IBR material would be available for review under 
Docket No. FAA-2025-3426 at regulations.gov. This material was posted 
to the AD docket on November 17, 2025. Therefore, no change to this AD 
is necessary.

Request To Comply With the Paperwork Reduction Act (PRA)

    The Citizens Rulemaking Alliance requested that the FAA revise the 
AD to comply with the PRA. The commenter asserted that many ADs 
applicable to Boeing airplanes do not comply with the PRA.
    The FAA notes this AD does not require reporting. If an AD were to 
require reporting, the preamble of the AD would include a paragraph 
titled ``Paperwork Reduction Act'' that would provide the applicable 
OMB control number, required PRA statements, and the estimated time to 
collect the required information (burden). Any costs associated with 
the reporting requirement would be included in the Costs of Compliance 
section in the preamble of the AD. Therefore, the FAA did not change 
this AD as a result of this comment.

Request To Consider Impact on Small Entities

    The Citizens Rulemaking Alliance requested that the FAA either 
prepare an initial regulatory flexibility analysis, or provide the 
factual basis for its Regulatory Flexibility Act (RFA) certification 
that the AD will not have a significant economic impact on a 
substantial number of small entities.
    The FAA provides the following clarification. The RFA of 1980 (5 
U.S.C. 601-612), as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121) and the Small 
Business Jobs Act of 2010 (Pub. L. 111-240), requires Federal agencies 
to consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. The FAA analyzed the cost impact of 
this AD on small entities and determined the following:

Small Entities to Which the Rule Will Apply

    The FAA used the definition of small entities in the RFA for this 
analysis. The RFA defines small entities as small businesses, small 
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3), 
the RFA defines ``small business'' to have the same meaning as ``small 
business concern'' under section 3 of the Small Business Act. The Small 
Business Act authorizes the Small Business Administration (SBA) to 
define ``small business'' by issuing regulations.
    SBA (2023) has established size standards for various types of 
economic activities, or industries, under the North American Industry 
Classification System (NAICS). These size standards generally define 
small businesses based on the number of employees or annual receipts. 
The ``Small Business Size Standards'' table shows the SBA size 
standards for all industries with at least 1 impacted entity.\1\ Note 
that the SBA definition of a small business applies to the parent 
company and all affiliates as a single entity.
---------------------------------------------------------------------------

    \1\ FAA does not have entity data on 1 of the 135 affected 
airplanes, and those airplanes with missing entity data are excluded 
from this analysis.

                      Small Business Size Standards
------------------------------------------------------------------------
          NAICS code                  Description         Size standard
------------------------------------------------------------------------
481111........................  Scheduled Passenger     1,500 employees.
                                 Air Transportation.
523910........................  Miscellaneous           $41.5 million.
                                 Intermediation.
------------------------------------------------------------------------

    To identify small entities, the FAA first identified the primary 
NAICS of the entity or parent company, and then used data from 
different sources (e.g., company annual reports, Bureau of 
Transportation Statistics) to determine whether the entity meets the 
applicable size standard. The ``Estimated Number of Small Entities'' 
table provides a summary of the results.

                                       Estimated Number of Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                    Category                         Number of       Affected        Number of    small entities
                                                     entities        airplanes    small entities        (%)
----------------------------------------------------------------------------------------------------------------
Scheduled Passenger Air Transportation..........               3             133               0               0
Miscellaneous Intermediation....................               1               1               1             100
                                                 ---------------------------------------------------------------
    Total.......................................               4             134               1              25
----------------------------------------------------------------------------------------------------------------

Projected Reporting, Recordkeeping, and Other Compliance Requirements

    FAA estimates the affected entity will incur a compliance cost of 
up to $405,170. However, the FAA notes that the manufacturer of the MCP 
(Honeywell) has stated that some or all of the costs of retrofitting 
the MCP to P/N 4091640-904 may be covered under warranty, thereby 
reducing the cost impact on the affected operator. If a part is 
retrofitted, purchasing a new part is unnecessary. The ``Average Cost 
of Compliance Per Small Entity'' table displays the estimated 
compliance cost for the miscellaneous intermediation industry.

[[Page 35875]]



                                   Average Cost of Compliance per Small Entity
----------------------------------------------------------------------------------------------------------------
                                                                     Affected     Average     Average per-entity
            NAICS code                       Description              small        annual       impact (cost/
                                                                     entities     revenue        revenue) (%)
----------------------------------------------------------------------------------------------------------------
523910............................  Miscellaneous Intermediation.            1   $1,920,000                 21.1
----------------------------------------------------------------------------------------------------------------

Significant Alternatives Considered

    FAA evaluated the alternative of not promulgating this AD but 
ultimately deemed that this alternative would create a significant 
safety hazard. The FAA is issuing this AD to address uncommanded 
changes to the MCP selected altitude. The unsafe condition, if not 
addressed, could result in CFIT or traffic conflict, which may result 
in mid-air collision.

Request To Provide Additional Cost Information

    The Citizens Rulemaking Alliance requested that the FAA add to the 
AD docket the cost assumptions (fleet size, labor rates, parts costs, 
and airplane downtime) supporting the FAA's certification that this AD 
is not a ``significant regulatory action'' under Executive Order 12866. 
The commenter also stated that the AD should specify whether the 
Unfunded Mandates Reform Act (UMRA) applies.
    In the Costs of Compliance section of the proposed AD, the FAA 
disclosed the number of affected airplanes on the U.S. registry, 
estimated number of work hours and parts costs provided by the 
manufacturer, and the aggregate costs. Additionally, the FAA considered 
the impact that this AD will have on affected operators and determined 
this AD will not trigger any downtime costs because the requirements of 
this AD can be performed during regularly scheduled maintenance. Since 
the FAA has assessed and disclosed the total known costs of the AD 
requirements in the Costs of Compliance section of the proposed AD, and 
the commenter did not provide additional cost data for the FAA to 
consider in its cost analysis, it is not necessary to provide 
additional information in the AD docket.
    Further, the FAA has determined that the current labor rate of $85 
per hour remains accurate for this AD. The FAA evaluates this rate 
periodically, based on U.S. Department of Labor Statistic (BLS) data 
found at https://data.bls.gov/oes, and will change the rate when 
appropriate. The FAA used a blended wage rate to estimate the labor 
rate for this AD, where the FAA assumes 60 percent weight for aircraft 
mechanics (at a fully burdened mean wage rate of $69.85 per hour) and 
40 percent for general and operations managers (at a fully burdened 
mean wage rate of $108.15 per hour). To calculate the blended wage 
rate, the FAA multiplied each wage rate by its corresponding weight and 
added up the products to obtain a wage rate of $85.17, which the FAA 
rounded down to $85.
    Based upon the analysis provided throughout the proposed AD and in 
the previous comment response, the FAA certifies that this AD is not a 
``significant regulatory action'' under Executive Order 12866. The FAA 
did not change this AD as a result of this comment.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, this 
AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin B787-81205-
SB220004-00 RB, Issue 001, dated April 22, 2025. This material 
specifies procedures for replacing the existing MCP P/Ns 4091640-901, 
4091640-902, and 4091640-903 with MCP P/N 4091640-904 and performing 
the MCP installation test until the test passes.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 163 airplanes of U.S. 
registry, of which 28 are registered to 2 foreign air carriers. The FAA 
estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                  Labor cost        Parts cost     Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
MCP replacement and             2 work-hours x     Up to $405,000 *  Up to $405,170..  Up to $66,042,710.
 installation test.              $85 per hour =
                                 $170.
----------------------------------------------------------------------------------------------------------------
* This is the estimated cost for a replacement MCP. However, the FAA notes that the manufacturer of the MCP
  (Honeywell) has stated that some or all of the costs of retrofitting the MCP to part number 4091640-904 may be
  covered under warranty, thereby reducing the cost impact on affected operators. If a part is retrofitted,
  purchasing a new part is unnecessary.

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.

[[Page 35876]]

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) Will not affect intrastate aviation in Alaska, and
    (3) 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 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:

2026-12-07 The Boeing Company: Amendment 39-23377; Docket No. FAA-
2025-3426; Project Identifier AD-2025-00342-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 20, 2026.

(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-SB220004-00 RB, Issue 
001, dated April 22, 2025.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by reports of an uncommanded change to the 
mode control panel (MCP) selected altitude. The FAA is issuing this 
AD to address uncommanded changes to the MCP selected altitude. The 
unsafe condition, if not addressed, could result in controlled 
flight into terrain (CFIT) or traffic conflict, which may result in 
mid-air collision.

(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-SB220004-00 RB, Issue 001, 
dated April 22, 2025, do all applicable actions identified in, and 
in accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin B787-81205-SB220004-00 RB, Issue 001, dated 
April 22, 2025.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
B787-81205-SB220004-00, Issue 001, dated April 22, 2025, which is 
referred to in Boeing Alert Requirements Bulletin B787-81205-
SB220004-00 RB, Issue 001, dated April 22, 2025.

(h) Exceptions to Service Bulletin Specifications

    Where the Boeing Recommended Compliance Time column of the table 
in the ``Compliance'' paragraph of Boeing Alert Requirements 
Bulletin B787-81205-SB220004-00 RB, Issue 001, dated April 22, 2025, 
refers to the Issue 001 date of Requirements Bulletin B787-81205-
SB220004-00 RB, 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: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) 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) Additional Information

    (1) For more information about this AD, contact Michael Closson, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3973; email: [email protected].
    (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-SB220004-00 
RB, Issue 001, dated April 22, 2025.
    (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 [email protected].

    Issued on June 10, 2026.
Brian Knaup,
Acting Deputy Director, Integrated Certificate Management Division, 
Aircraft Certification Service.
[FR Doc. 2026-11974 Filed 6-12-26; 8:45 am]
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