[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Proposed Rules]
[Pages 68060-68063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26643]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0974; Product Identifier 2019-NM-155-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-15-01, which applies to certain The Boeing Company Model 777 
airplanes. AD 2017-15-01 requires replacing the existing mode control 
panel (MCP) with a new MCP having a different part number. Since we 
issued AD 2017-15-01, the FAA has determined that the affected parts 
may be installed on airplanes outside of the original applicability of 
AD 2017-15-01. This proposed AD would retain the requirements of AD 
2017-15-01, expand the applicability to include those other airplanes, 
and add a new requirement for certain airplanes to identify and replace 
the affected parts. The FAA is proposing this AD to

[[Page 68061]]

address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 27, 
2020.

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 https://www.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.
    For service information identified in this NPRM, 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; internet https://www.myboeingfleet.com. You may 
view this service information at the FAA, Transport Standards 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 on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0974.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0974; 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, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Frank Carreras, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 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-2019-0974; 
Product Identifier 2019-NM-155-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The FAA issued AD 2017-15-01, Amendment 39-18961 (82 FR 33782, July 
21, 2017) (``AD 2017-15-01''), for certain The Boeing Company Model 777 
airplanes. AD 2017-15-01 requires replacing the existing MCP with a new 
MCP having a different part number. AD 2017-15-01 resulted from reports 
of uncommanded altitude display changes in the MCP altitude window. The 
FAA issued AD 2017-15-01 to address uncommanded changes to the MCP 
selected altitude; such uncommanded changes could result in incorrect 
spatial separation between airplanes, midair collision, or controlled 
flight into terrain.

Actions Since AD 2017-15-01 Was Issued

    Since AD 2017-15-01 was issued, it has been determined that the 
affected parts may be installed as rotable spares on airplanes outside 
of the applicability of AD 2017-15-01, thereby subjecting those 
airplanes to the unsafe condition. Therefore, the applicability in this 
proposed AD has been expanded to include all The Boeing Company Model 
777 airplanes. In addition, the FAA has determined that the 
installation of later-approved parts is acceptable for the replacement 
that would be required by this proposed AD.

Related Service Information Under 1 CFR Part 51

    This proposed AD would require Boeing Special Attention Service 
Bulletin 777-22-0034, dated March 3, 2016, which the Director of the 
Federal Register approved for incorporation by reference as of August 
25, 2017 (82 FR 33782, July 21, 2017). This service information 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.

FAA's Determination

    The FAA is proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2017-
15-01, and would expand the applicability to include all The Boeing 
Company Model 777 airplanes. This proposed AD would also require an 
inspection or records check to identify the part number of the affected 
parts, and for airplanes with affected parts, accomplishing the actions 
specified in the service information described previously, except as 
discussed under ``Differences Between this Proposed AD and the Service 
Information.'' For information on the procedures, see this service 
information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0974.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Special Attention Service Bulletin 777-
22-0034, dated March 3, 2016, is limited to certain The Boeing Company 
Model 777 airplanes. However, the applicability of this proposed AD 
includes all The Boeing Company Model 777 airplanes. Because the 
affected parts are rotable parts, the FAA has determined that these 
parts could later be installed on airplanes that were initially 
delivered with acceptable parts, thereby subjecting those airplanes to 
the unsafe condition. This difference has been coordinated with Boeing.
    Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016, limits the replacement part to an MCP having part number 
S241W001-262. This proposed AD would allow the installation of later-
approved parts for the replacement, provided those later-approved parts 
meet certain conditions.

Costs of Compliance

    The FAA estimates that this proposed AD affects 231 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 68062]]



                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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Replacement (retained actions     2 work-hours x $85  Up to $5,800 *....  Up to $5,970 *....  Up to $1,379,070.*
 from AD 2017[dash]15[dash]01).    per hour = $170.
Inspection/records check (new     1 work-hour x $85   $0................  $85...............  Up to $2,380.
 proposed action) (up to 28        per hour = $85.
 airplanes).
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* Since the FAA has received no definitive data regarding the cost of a new MCP, the FAA has provided costs for
  the upgrade (modified part) only.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA has 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 that the proposed 
regulation:
    (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 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
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) 
2017-15-01, Amendment 39-18961 (82 FR 33782, July 21, 2017), and adding 
the following new AD:

The Boeing Company: Docket No. FAA-2019-0974; Product Identifier 
2019-NM-155-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by January 27, 
2020.

(b) Affected ADs

    This AD replaces AD 2017-15-01, Amendment 39-18961 (82 FR 33782, 
July 21, 2017) (``AD 2017-15-01'').

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR, 
-300, -300ER, and 777F series airplanes, certificated in any 
category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of uncommanded altitude display 
changes in the mode control panel (MCP) altitude window. The FAA is 
issuing this AD to address uncommanded changes to the MCP selected 
altitude; such uncommanded changes could result in incorrect spatial 
separation between airplanes, midair collision, or controlled flight 
into terrain.

(f) Compliance

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

(g) New Definitions

    (1) For the purposes of this AD, an affected part is an MCP 
having part number S241W001-201, S241W001-202, S241W001-251, 
S241W001-252, or S241W001-261.
    (2) For the purposes of this AD, later-approved parts are only 
those parts that are approved as a replacement for the applicable 
part identified in Boeing Special Attention Service Bulletin 777-22-
0034, dated March 3, 2016; and are approved as part of the type 
design by the FAA or The Boeing Company Organization Designation 
Authorization (ODA) after March 3, 2016 (the publication date of 
Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016).

(h) Retained Replacement of MCP With Revised Compliance Language

    This paragraph restates the requirements of AD 2017-15-01, with 
revised compliance language. For airplanes identified in Boeing 
Special Attention Service Bulletin 777-22-0034, dated March 3, 2016, 
within 60 months after August 25, 2017, (the effective date of AD 
2017-15-01): Do the actions specified in paragraph (h)(1) or (2) of 
this AD.
    (1) Replace the existing MCP part with an MCP having part number 
S241W001-262, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016.
    (2) Install a later-approved part as defined in paragraph (g)(2) 
of this AD.

(i) New MCP Identification and Replacement

    For airplanes not identified in paragraph (h) of this AD with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before the effective date of this AD, do 
the actions specified in paragraphs (i)(1) and (2) of this AD.
    (1) Within 60 months after the effective date of this AD, 
perform a general visual inspection of the MCP to determine the MCP 
part number. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the part number of the MCP can be 
conclusively determined from that review.
    (2) If the MCP is an affected part, within 60 months after the 
effective date of this AD:

[[Page 68063]]

Do the actions specified in paragraph (i)(2)(i) or (ii) of this AD.
    (i) Replace the existing MCP with an MCP having part number 
S241W001-262, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016.
    (ii) Install a later-approved part as defined in paragraph 
(g)(2) of this AD.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
MCP having part number S241W001-201, S241W001-202, S241W001-251, 
S241W001-252, or S241W001-261, on any airplane.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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 local Flight Standards District 
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 (l)(1) 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, modification, or alteration required by this AD 
if it is approved by The Boeing Company ODA that has been authorized 
by the Manager, Seattle ACO 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.
    (4) AMOCs approved previously for AD 2017-15-01 are approved as 
AMOCs for the corresponding provisions of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(5)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    (1) For more information about this AD, contact Frank Carreras, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3539; email: [email protected].
    (2) For service information 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; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on December 4, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-26643 Filed 12-12-19; 8:45 am]
 BILLING CODE 4910-13-P