[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64711-64714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25782]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0856; Directorate Identifier 2010-NM-117-AD;
Amendment 39-17224; AD 2012-21-08]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 737-600, -700, -700C, -800, and -
900 series airplanes. That AD currently requires installing and testing
an updated version of the operational program software (OPS) of the
flight control computers (FCCs). This new AD requires an inspection for
part numbers of the operational program software of the flight control
computers, and corrective actions if necessary. This AD was prompted by
reports of undetected erroneous output from a single radio altimeter
channel, which resulted in premature autothrottle retard during
approach. We are issuing this AD to detect and correct an unsafe
condition associated with erroneous output from a radio altimeter
channel, which could result in premature autothrottle landing flare
retard and the loss of automatic speed control, and consequent loss of
control of the airplane.
DATES: This AD is effective November 27, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 27,
2012.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
12, 2005 (70 FR 17603, April 7, 2005).
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
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: Gregg Nesemeier, Senior Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone: (425) 917-6479; fax: (425) 917-6590; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental Notice of Proposed Rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede airworthiness directive (AD) 2005-07-
20, Amendment 39-14045 (70 FR 17603, April 7, 2005). That AD applied to
the specified products. That SNPRM published in the Federal Register on
May 30, 2012 (77 FR 31758). The original NPRM (75 FR 57885, September
23, 2010) proposed to require inspecting for part numbers of the OPS of
the FCCs, and doing corrective actions if necessary. The SNPRM
contained the same requirements as the original NPRM, but also proposed
to supersede an existing AD to require new software.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the SNPRM (77
FR 31758, May 30, 2012) and the FAA's response to each comment.
Support for the SNPRM (77 FR 31758, May 30, 2012)
Boeing supports the SNPRM (77 FR 31758, May 30, 2012).
Requests To Use Alternative Service Information
Europe Airpost and Southwest Airlines requested that we revise the
SNPRM (77 FR 31758, May 30, 2012) to include Boeing Alert Service
Bulletin 737-22A1224, dated May 18, 2012, as an alternative method of
compliance (AMOC) in the SNPRM.
Europe Airpost explained that Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012, takes into account the latest version (and
later versions) of the OPS part number (P/N) 2274-COL-AC1-07 (P6.0
version number) and OPS software of the FCC.
Southwest Airlines explained that Boeing Alert Service Bulletin
737-22A1224, dated May 18, 2012, requires installation of FCC software
P/N 2274-COL-AC1-07, and that its latest Model 737-800 deliveries have
FCC software P/N 2274-COL-AC1-07 installed. Southwest Airlines stated
that it has begun installing this version of the FCC software into all
its airplanes, using Boeing Alert Service Bulletin 737-22A1224, dated
May 18, 2012. Southwest Airlines also reasoned that Boeing Alert
Service Bulletin 737-22A1224, dated May 18, 2012, has already been
approved as an AMOC for AD 2005-07-20, Amendment 39-14045 (70 FR 17603,
April 7, 2005).
We agree with the commenters' requests. We agree to allow use of
Boeing Alert Service Bulletin 737-22A1224, dated May 18, 2012, for the
installation actions specified in paragraphs (h)(1)(ii) and (h)(2) of
this AD, although the compliance time for this final rule remains the
same as proposed: Within 3 months after the effective date of this AD.
We have reformatted and revised paragraphs (h)(1) and (h)(2) of this
final rule accordingly.
Request To Remove the Phrase ``Fully Interchangeable''
Paragraph (h)(1) of the SNPRM (77 FR 31758, May 30, 2012) specified
installation of certain software that is ``fully interchangeable'' with
the software specified in table 2 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010.
Southwest Airlines requested that we revise the SNPRM by removing the
phrase ``fully interchangeable'' from paragraph (h)(1) of the SNPRM and
allowing, as acceptable in paragraphs (h)(1) and (h)(2) of the SNPRM,
``subsequent software versions that have been approved by the Boeing
Commercial Airplanes Organization Designation Authorization (ODA) after
April 13,
[[Page 64712]]
2010.'' Southwest Airlines explained that Section 2.C.2., Note (b), of
Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010, which
says, ``Do not install previous versions of this software after
installation of the new software part number,'' could be conflicting
with the phrase ``fully interchangeable.''
We partially agree with the commenter. We agree that previous
versions of the software may not be reinstalled after installation of
the version specified in this service information because some previous
versions contain unsafe conditions. The SNPRM (77 FR 31758, May 30,
2012) only allowed installation of software approved after April 13,
2010, by the Boeing Commercial Airplanes ODA. However, for clarity, we
have removed the phrase ``fully interchangeable'' from this final rule.
Although we agree with the intent of the commenter's other
suggested changes, we disagree with the proposed wording and find that
further clarification is necessary. We have removed the reference to
installing later-approved software in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, because that service bulletin only
specifies to install FCC OPS software P/N 2276-COL-AC1-05 or P/N 2275-
COL-AC1-06. Also, as stated previously, FCC OPS software P/N 2274-COL-
AC1-07 may be installed in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-22A1224, dated May
18, 2012.
Therefore, in this final rule, the April 13, 2010, date for later-
approved software has been changed to May 18, 2012, to remove
redundancy and confusion. We have also added the Manager, Seattle
Aircraft Certification Office (ACO), FAA, and the Manager, Boeing
Aviation Safety Oversight Office (BASOO), FAA, as additional approval
authorities for later software versions. We have revised paragraph (h)
of the final rule and added a new paragraph (i) to the final rule to
reflect these changes.
Removed Paragraph Identifier of Note
We have removed the ``Note 1'' designation from Note 1 of the SNPRM
(77 FR 31758, May 30, 2012) and we have included that text in paragraph
(c) of this AD.
Added AMOC Delegation
We have added new paragraph (j)(3) to this AD to allow delegation
of repair to the Boeing Commercial Airplanes ODA. We have revised
subsequent designated paragraph identifiers as appropriate.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously-and minor editorial
changes. We have determined that these minor changes:
[Agr]re consistent with the intent that was proposed in
the SNPRM (77 FR 31758, May 30, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 31758, May 30, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 207 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Installation [retained actions 2 work-hours x $85 $0 $170 $35,190
from existing AD 2005-07-20, per hour = $170.
Amendment 39-14045 (70 FR 17603,
April 7, 2005)].
Repetitive Inspection............. 1 work-hour x $85 per N/A $85 per inspection $17,595 per
hour = $85 per cycle inspection cycle
inspection cycle.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary installations
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need this
installation:
On-condition Costs
------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
------------------------------------------------------------------------
Installation................. 1 work-hour x $0 $85
$85 per hour =
$85.
------------------------------------------------------------------------
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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.
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
[[Page 64713]]
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 removing airworthiness directive (AD)
2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), and adding
the following new AD:
2012-21-08 The Boeing Company: Amendment 39-17224; Docket No. FAA-
2010-0856; Directorate Identifier 2010-NM-117-AD.
(a) Effective Date
This AD is effective November 27, 2012.
(b) Affected ADs
This AD supersedes AD 2005-07-20, Amendment 39-14045 (70 FR
17603, April 7, 2005).
(c) Applicability
This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category;
delivered with the Rockwell Collins Enhanced Digital Flight Control
System (EDFCS), as identified in the variable number table in
Section 1.A.1., Effectivity, of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010. This AD is applicable to all
airplanes listed in the variable number table, and is not defined by
the ``Group 1'' description in Section 1.A. of Boeing Alert Service
Bulletin 737-22A1211, dated April 13, 2010.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 22, Auto Flight.
(e) Unsafe Condition
This AD was prompted by reports of undetected erroneous output
from a single radio altimeter channel, which resulted in premature
autothrottle retard during approach. We are issuing this AD to
detect and correct an unsafe condition associated with erroneous
output from a radio altimeter channel, which could result in
premature autothrottle landing flare retard and the loss of
automatic speed control, and consequent loss of control of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Software Installation and Test
This paragraph restates the requirements of paragraph (f) of AD
2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005). For
airplanes identified in Boeing Alert Service Bulletin 737-22A1164,
dated May 20, 2004: Within 12 months after May 12, 2005 (the
effective date of AD 2005-07-20), install and test an updated
version of the operational program software (OPS) of the EDFCS
flight control computers (FCCs), in accordance with Boeing Alert
Service Bulletin 737-22A1164, dated May 20, 2004. Installing
software as required by paragraph (h)(1)(i) or (h)(1)(ii) of this
AD, or verifying that the software is installed as specified by
paragraph (h)(2) of this AD, or doing the actions specified in
paragraph (i) of this AD, terminates the requirements of this
paragraph.
(h) New Requirements
Within 3 months after the effective date of this AD: Inspect to
determine the part number of the OPS of the FCCs, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010. Installing software as required
by paragraph (h)(1)(i) or (h)(1)(ii) of this AD, or verifying that
the software is installed as specified by paragraph (h)(2) of this
AD, terminates the requirements of paragraph (g) of this AD. Doing
the actions specified in paragraph (i) of this AD, terminates the
requirements of this paragraph.
(1) For any OPS having a part number identified in table 1 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010: Before further flight, do the
actions specified in paragraph (h)(1)(i) or (h)(1)(ii), as
applicable.
(i) Install software identified in table 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-22A1211, dated
April 13, 2010, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010.
(ii) Install software identified in table 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-22A1224, dated May
18, 2012.
(2) For any OPS having a part number identified in table 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010; or in table 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012: No further action is required by this
paragraph.
(i) New Optional Software Installation
Installing a version of the FCC OPS approved after May 18, 2012
(the issue date of Boeing Alert Service Bulletin 737-22A1224)
terminates the requirements of paragraphs (g) and (h) of this AD,
provided that the conditions specified in paragraphs (i)(1) and
(i)(2) of this AD are met.
(1) The version of the FCC OPS must be approved by the Manager,
Seattle Aircraft Certification Office (ACO), FAA; the Manager,
Boeing Aviation Safety Oversight Office (BASOO), FAA; or the Boeing
Commercial Airplanes Organization Designation Authorization (ODA).
(2) The installation must be done in accordance with a method
approved by the Manager, Seattle ACO, FAA; the Manager, BASOO, FAA;
or the Boeing Commercial Airplanes ODA.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to: [email protected].
(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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD
(4) AMOCs approved previously in accordance with AD 2005-07-20,
Amendment 39-14045 (70 FR 17603, April 7, 2005), are approved as
AMOCs for the corresponding provisions of this AD.
(k) Related Information
For more information about this AD, contact Gregg Nesemeier,
Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue
SW., Renton, Washington 98057-3356;
[[Page 64714]]
phone: (425) 917-6479; fax: (425) 917-6590; email:
[email protected].
(l) 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.
(3) The following service information was approved for IBR on
November 27, 2012.
(i) Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010.
(ii) Boeing Alert Service Bulletin 737-22A1224, dated May 18,
2012.
(4) The following service information was approved for IBR on
May 12, 2005 (70 FR 17603, April 7, 2005).
(i) Boeing Alert Service Bulletin 737-22A1164, dated May 20,
2004.
(ii) Reserved.
(5) For The Boeing Company service information identified in
this AD, contact Boeing Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-
2207; telephone 206-544-5000, extension 1; fax 206-766-5680;
Internet https://www.myboeingfleet.com.
(6) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
(7) 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on October 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-25782 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P