[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Proposed Rules]
[Pages 11319-11322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03904]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0103; Product Identifier 2019-NM-149-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) 
2012-21-08, which applies to certain The Boeing Company Model 737-600, 
-700, -700C, -800, and -900 series airplanes. AD 2012-21-08 requires 
inspecting for part numbers of the operational program software (OPS) 
of the flight control computers (FCCs) and installing and testing an 
updated version of the FCC OPS. Since the FAA issued AD 2012-21-08, the 
FAA has determined that there is a new unsafe condition which must be 
addressed by an updated version of the FCC OPS. This proposed AD would 
retain the requirement to inspect for part numbers of the OPS of the 
FCCs, and add a new requirement to update the version of the FCC OPS if 
necessary. This proposed AD would also expand the applicability to 
include The Boeing Company Model 737-900ER series airplanes. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 13, 
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-2020-0103.

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-2020-
0103; 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: David Sumner, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3538; 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-2020-0103; 
Product Identifier 2019-NM-149-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, 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 the agency receives about this proposed AD.

Discussion

    The FAA issued AD 2012-21-08, Amendment 39-17224 (77 FR 64711, 
October 23, 2012) (``AD 2012-21-08''), for certain The Boeing Company 
Model 737-600, -700, -700C, -800, and -900 series airplanes. AD 2012-
21-08 requires inspecting for part numbers of the OPS of the FCCs and 
installing and testing an updated version of the FCC OPS. AD 2012-21-08 
resulted from reports of undetected erroneous output from a single 
radio altimeter channel, which resulted in premature autothrottle 
retard during approach. The FAA issued AD 2012-21-08 to address this 
condition, which, if not detected and corrected, could result in the 
loss of automatic speed control, and consequent loss of control of the 
airplane.

Actions Since AD 2012-21-08 Was Issued

    Since the FAA issued AD 2012-21-08, the FAA has received reports 
that during autopilot coupled Instrument Landing System (ILS) 
approaches, the airplane did not capture or track the glideslope 
correctly. This caused airplanes to continue descending below the 
glideslope without any fault indication from the autopilot system. The 
problems were reported with the autopilot engaged while attempting to 
capture the glideslope from above, with a high descent rate greater 
than 2,000 feet per minute and late arming of approach mode. The high 
descent rate is maintained by the autopilot and can result in the 
airplane descending below the glideslope beam, which requires the 
flight crew to correct the problem manually. Boeing has developed an 
upgrade to the FCC OPS for certain affected airplanes equipped with 
Rockwell Collins FCCs that corrects the glideslope capture problem. The 
FAA is proposing this AD to address this condition, which can result in 
controlled flight into terrain on airplanes that do not have the 
upgraded FCC OPS installed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-22A1322 RB, 
dated November 21, 2018. The service information describes procedures 
for installing and testing an updated version of the FCC OPS.
    This proposed AD would also require Boeing Alert Service Bulletin 
737-

[[Page 11320]]

22A1211, dated April 13, 2010, and Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012, which the Director of the Federal Register 
approved for incorporation by reference as of November 27, 2012 (77 FR 
64711, October 23, 2012).
    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 the FAA 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 certain requirements of AD 2012-21-
08. This proposed AD would expand the applicability of AD 2012-21-08 to 
include The Boeing Company Model 737-900ER series airplanes. This 
proposed AD would also require accomplishment of the actions specified 
in the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 737-22A1322 RB, dated November 21, 2018, described previously, 
except as discussed under ``Differences Between this Proposed AD and 
the Service Information,'' and except for any differences identified as 
exceptions in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0103.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin 737-22A1322 
RB, dated November 21, 2018, is limited to The Boeing Company Model 
737-600, -700, -700C, -800, -900, and 900ER series airplanes, line 
numbers 1270, 1272, and 1278 through 7153 inclusive in one group. 
Because the affected software versions are rotable among the airplanes 
affected by this proposed AD, the FAA has determined that these parts 
could later be installed on airplanes that were initially delivered 
with acceptable software versions, thereby subjecting those airplanes 
to the unsafe condition. Therefore, the applicability of this proposed 
AD includes all The Boeing Company Model 737-600, -700, -700C, -800, -
900, and 900ER series airplanes. The FAA has confirmed with Boeing that 
the Accomplishment Instructions in Boeing Alert Requirements Bulletin 
737-22A1322 RB, dated November 21, 2018, are applicable to the expanded 
group of airplanes.
    Boeing Alert Requirements Bulletin 737-22A1322 RB, dated November 
21, 2018, specifies that certain airplane line numbers must accomplish 
an update of the FCC OPS. However, this AD requires that only airplanes 
equipped with Rockwell Collins FCCs installed with FCC OPS version P8.0 
or P9.0 must accomplish an update of the FCC OPS in accordance with the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-
22A1322 RB, dated November 21, 2018.

Costs of Compliance

    The FAA estimates that this proposed AD affects 520 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
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Inspection and installation         3 work-hours x $85                 $0            $255  $52,785 (based on 207
 (retained actions from AD 2012-21-  per hour = $255 per                                    affected airplanes).
 08).                                inspection.
Part number inspection (new         1 work-hour x $85 per               0              85  $44,200.
 proposed action).                   hour = $85.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of 
determining the number of aircraft that might need these on-condition 
actions:

                                      Estimated Costs of On-Condition Costs
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install upgraded software....................  1 work-hour x $85 per hour =                 $0              $85
                                                $85.
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    According to the manufacturer, all of the costs of this proposed AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has 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.

[[Page 11321]]

    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.

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) 
2012-21-08, Amendment 39-17224 (77 FR 64711, October 23, 2012), and 
adding the following new AD:

The Boeing Company Airplanes: Docket No. FAA-2020-0103; Product 
Identifier 2019-NM-149-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 13, 
2020.

(b) Affected ADs

    This AD replaces AD 2012-21-08, Amendment 39-17224 (77 FR 64711, 
October 23, 2012).

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER 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 that during autopilot coupled 
instrument landing (ILS) approaches, the airplane did not capture or 
track the glideslope correctly. The FAA is issuing this AD to 
address this condition, which could allow the airplane to descend 
below the glideslope beam and result in controlled flight into 
terrain.

(f) Compliance

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

(g) Retained Part Numbers Inspection, With Revised Paragraph References 
and Removed Terminating Action

    This paragraph restates the requirements of paragraph (h) of AD 
2012-21-08, with revised paragraph references and removed 
terminating action. For 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, and not defined by the ``Group 1'' 
description in Section 1.A. of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010: Within 3 months after November 27, 
2012 (the effective date of AD 2012-21-08), inspect to determine the 
part number of the operational program software (OPS) of the flight 
control computers (FCCs), in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-22A1211, dated 
April 13, 2010, and install the software as required by paragraph 
(g)(1) of this AD, or verify that the software is installed as 
specified by paragraph (g)(2) of this AD, as applicable.
    (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 (g)(1)(i) or (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.
    (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.

(h) Retained Optional Software Installation, With Revised Paragraph 
References

    This paragraph restates the requirements of paragraph (i) of AD 
2012-21-08, with revised paragraph references. 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 
paragraph (g) of this AD, provided that the conditions specified in 
paragraphs (h)(1) and (2) of this AD are met.
    (1) The version of the FCC OPS must be approved by the Manager, 
Seattle ACO Branch, FAA; the Manager, Boeing Aviation Safety 
Oversight Office (BASOO), FAA; or The Boeing Company Organization 
Designation Authorization (ODA). If approved by the ODA, the 
approval must include the ODA-authorized signature.
    (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 Company ODA. If approved by the ODA, the approval must 
include the ODA-authorized signature.

(i) New Requirement of This AD: Inspection

    For all airplanes: Within 12 months after the effective date of 
this AD, inspect to determine the FCC OPS vendor and version 
installed on FCC A and FCC B. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the FCC OPS 
vendor and version can be conclusively determined from that review.

(j) New Requirement of This AD: Software Installation

    (1) For airplanes equipped with Rockwell Collins FCCs with FCC 
OPS version P8.0 or P9.0 software: Within 12 months after the 
effective date of this AD, do all applicable actions identified in, 
and in accordance with, the Accomplishment Instructions of Boeing 
Alert Requirements Bulletin 737-22A1322 RB, dated November 21, 2018.

    Note 1 to paragraph (j)(1):  Guidance for accomplishing the 
actions required by paragraph (j)(1) of this AD can be found in 
Boeing Alert Service Bulletin 737-22A1322, dated November 21, 2018, 
which is referred to in Boeing Alert Requirements Bulletin 737-
22A1322 RB, dated November 21, 2018.

    (2) For airplanes not equipped with Rockwell Collins FCCs with 
FCC OPS version P8.0 or P9.0 software: No further action is required 
by this paragraph.

(k) New Requirement of This AD: Parts Installation Prohibition

    For all airplanes: As of the effective date of this AD, no 
person may install Rockwell Collins FCC OPS software version P1.0, 
P2.0, P3.0, P8.0, or P9.0, on any airplane.

[[Page 11322]]

(l) 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 (m)(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.

(m) Related Information

    (1) For more information about this AD, contact David Sumner, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3538; 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 on February 18, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-03904 Filed 2-26-20; 8:45 am]
 BILLING CODE 4910-13-P