[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]


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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.

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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.
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    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