[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48962-48965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19014]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0122; Directorate Identifier 2014-NM-002-AD; 
Amendment 39-17938; AD 2014-16-14]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-600, -700, -700C, -800, and -900 series 
airplanes. This AD was prompted by reports in which a single, 
undetected, erroneous radio altimeter output caused the autothrottle to 
enter landing flare retard mode prematurely on approach. This AD 
requires removing certain autothrottle computers and installing a new 
or reworked autothrottle computer. We are issuing this AD to prevent a 
single, undetected, erroneous radio altimeter output from causing 
premature autothrottle landing flare retard and subsequent loss of 
automatic speed control, which could result in loss of control of the 
airplane.

DATES: This AD is effective September 23, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
23, 2014.

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 view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA 98057. For information on the availability of this material 
at the FAA, call 425-227-2112.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0122; 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

[[Page 48963]]

other information. The address for the Docket Office (phone: 800-647-
5527) is Docket 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: Marie Hogestad, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6418; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We 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 737-600, -700, -700C, -800, and -900 series airplanes. The NPRM 
published in the Federal Register on March 3, 2014 (79 FR 11728). The 
NPRM was prompted by reports in which a single, undetected, erroneous 
radio altimeter output caused the autothrottle to enter landing flare 
retard mode prematurely on approach. The NPRM proposed to require 
removing certain autothrottle computers and installing a new or 
reworked autothrottle computer. We are issuing this AD to prevent a 
single, undetected, erroneous radio altimeter output from causing 
premature autothrottle landing flare retard and subsequent loss of 
automatic speed control, which could result in loss of control of the 
airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 11728, March 3, 2014) and the FAA's response to each comment.

Support for the NPRM (79 FR 11728, March 3, 2014)

    Boeing and the National Transportation Safety Board (NTSB) 
concurred with the NPRM (79 FR 11728, March 3, 2014).

Clarification of Effect of Winglet Installation

    Aviation Partners Boeing stated that installation of winglets per 
Supplemental Type Certificate (STC) ST00830SE does not affect the 
accomplishment of the manufacturer's service instructions specified in 
the NPRM (79 FR 11728, March 3, 2014).

Request To Change Cost Estimate

    Kevin Lee, a private citizen, requested that we increase the cost 
estimate of the NPRM (79 FR 11728, March 3, 2014). The commenter stated 
that the cost will be significantly higher due to General Electric not 
providing a free-of-charge upgrade to the autothrottle computer despite 
this being a safety and reliability issue.
    We disagree with increasing the cost estimate. The cost estimate 
does not include parts cost for the autothrottle computer because it is 
considered ``Parts and Materials Supplied by the Operator'' in Boeing 
Alert Service Bulletin 737-22A1215, dated November 22, 2013. The 
autothrottle computer software can be updated using a data loader on a 
bench with specific equipment that is unique to the GE autothrottle 
computer. However, since this autothrottle computer has been out of 
production for over ten years, it is unlikely that operators will have 
the capability to do the update themselves using a disc supplied by GE. 
Therefore, GE anticipates that the majority of operators will return 
their autothrottle computer to a GE service center for modification. As 
an alternative, operators may purchase the autothrottle computer from 
Boeing. Boeing Alert Service Bulletin 737-22A1215, dated November 22, 
2013, does not give the cost and it is therefore not included in our 
estimate. Since there are multiple ways for operators to get an updated 
autothrottle computer, we have not included the cost of the 
autothrottle computer in our estimate. We also do not control warranty 
coverage. No change has been made to this final rule in this regard.

Request To Delay Issuance or Extend Compliance Time of Final Rule

    Kevin Lee requested that we delay issuance of the final rule, or 
extend the proposed 36-month compliance time specified in the NPRM (79 
FR 11728, March 3, 2014). The commenter stated that Boeing has not 
incorporated the new GE autothrottle computer having part number (P/N) 
760SUE2-5 into their Boeing 737 Illustrated Parts Catalog (IPC) or the 
Instructions for Continued Airworthiness documents.
    We disagree with delaying issuance of this final rule. Paragraph 
1.K. of Boeing Alert Service Bulletin 737-22A1215, dated November 22, 
2013, identifies the Boeing 737 IPC as the only document affected by 
replacement of the autothrottle computer. The new autothrottle computer 
has been added to the IPC, therefore there is no need to delay issuance 
of the final rule.
    We also disagree with extending the 36-month compliance time. In 
developing an appropriate compliance time for this action, we 
considered the urgency associated with the subject unsafe condition, 
the availability of required parts, and the practical aspect of 
accomplishing the required modification within a period of time that 
corresponds to the normal scheduled maintenance for most affected 
operators. According to the manufacturer, an ample number of required 
parts will be available to modify the U.S. fleet within the proposed 
compliance time. However, under the provisions of paragraph (i) of this 
final rule, we will consider requests for approval of an extension of 
the compliance time if sufficient data are submitted to substantiate 
that the new compliance time would provide an acceptable level of 
safety.
    We have not changed the AD in regard to either delaying the final 
rule or extending the 36-month compliance time.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 11728, March 3, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 11728, March 3, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 497 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 48964]]



                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Autothrottle computer replacement...  1 work-hour x $85 per                $0              $85          $42,245
                                       hour = $85.
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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 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 adding the following new airworthiness 
directive (AD):

2014-16-14 The Boeing Company: Amendment 39-17938; Docket No. FAA-
2014-0122; Directorate Identifier 2014-NM-002-AD.

(a) Effective Date

    This AD is effective September 23, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category, 
as identified in Boeing Alert Service Bulletin 737-22A1215, dated 
November 22, 2013.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports in which a single, undetected, 
erroneous radio altimeter output caused the autothrottle to enter 
landing flare retard mode prematurely on approach. We are issuing 
this AD to prevent a single, undetected, erroneous radio altimeter 
output from causing premature autothrottle landing flare retard and 
subsequent loss of automatic speed control, which could result in 
loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement

    Within 36 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-22A1215, dated November 22, 2013.
    (1) Remove any autothrottle computer, part number (P/N) 760SUE1-
1 (Boeing P/N 10-62017-51), 760SUE2-2 (Boeing P/N 10-62017-52), 
760SUE2-3 (Boeing P/N 10-62017-53), or 760SUE2-4 (Boeing P/N 10-
62017-54), from the E1-1 electronics shelf.
    (2) Install a new or reworked autothrottle computer, P/N 
760SUE2-5 (Boeing P/N 10-62017-55) at the E1-1 electronics shelf.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
autothrottle computer, P/N 760SUE1-1 (Boeing P/N 10-62017-51), 
760SUE2-2 (Boeing P/N 10-62017-52), 760SUE2-3 (Boeing P/N 10-62017-
53), or 760SUE2-4 (Boeing P/N 10-62017-54), on any airplane.

(i) 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 paragraph (j) 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.

(j) Related Information

    For more information about this AD, contact Marie Hogestad, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; phone: 425-917-6418; fax: 425-917-6590; email: 
[email protected].

(k) 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.
    (i) Boeing Alert Service Bulletin 737-22A1215, dated November 
22, 2013.
    (ii) Reserved.
    (3) 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.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA 98057. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) 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

[[Page 48965]]

202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on August 1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19014 Filed 8-18-14; 8:45 am]
BILLING CODE 4910-13-P