[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Rules and Regulations]
[Pages 62895-62898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24864]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / 
Rules and Regulations  

[[Page 62895]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0103; Product Identifier 2019-NM-149-AD; Amendment 
39-21718; AD 2021-18-17]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2012-21-
08, which applied to certain The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes. AD 2012-21-08 required 
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. This AD was prompted by reports that 
during autopilot coupled instrument landing system (ILS) approaches, 
the airplane did not capture or track the glideslope correctly. This AD 
retains the requirement to inspect for part numbers of the OPS of the 
FCCs, and adds a new requirement to update the version of the FCC OPS 
if necessary. This AD also expands the applicability to include The 
Boeing Company Model 737-900ER series airplanes. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 20, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 20, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
November 27, 2012 (77 FR 64711, October 23, 2012).

ADDRESSES: For service information identified in this final rule, 
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, Airworthiness Products Section, Operational Safety 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 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 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 final rule, any 
comments received, and other information. The address for Docket 
Operations is 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: Michael J. Tucker, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3974; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2012-21-08, Amendment 39-17224 (77 FR 
64711, October 23, 2012) (AD 2012-21-08). AD 2012-21-08 applied to 
certain The Boeing Company Model 737-600, -700, -700C, -800, and -900 
series airplanes. The NPRM published in the Federal Register on 
February 27, 2020 (85 FR 11319). The NPRM was prompted by reports that 
during autopilot coupled ILS approaches, the airplane did not capture 
or track the glideslope correctly. In the NPRM, the FAA proposed to 
continue to require inspecting for part numbers of the OPS of the FCCs, 
and to add a new requirement to update the version of the FCC OPS if 
necessary. The NPRM also proposed to expand the applicability to 
include The Boeing Company Model 737-900ER series airplanes. The FAA is 
issuing this AD to address the glideslope capture problem, which could 
allow the airplane to descend below the glideslope beam and result in 
controlled flight into terrain on airplanes that do not have the 
upgraded FCC OPS installed.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters, including Air Line 
Pilots Association, International (ALPA) and United Airlines, who 
supported the NPRM without change.
    The FAA received additional comments from three commenters, 
including Boeing, Alaska Airlines, and Aviation Partners Boeing. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE does not affect the 
actions specified in the NPRM.
    The FAA agrees with the commenter that STC ST00830SE does not 
affect the accomplishment of the manufacturer's service instructions. 
Therefore, the installation of STC ST00830SE does not affect the 
ability to accomplish the actions required by this AD. The FAA has not 
changed this AD in this regard.

Request To Require Removal of Certain Software Versions

    Alaska Airlines requested that the proposed AD be revised to 
require removing a particular version of the software or earlier 
versions, rather than require installing a particular version or later 
versions. The commenter asserted that Rockwell Collins software 
versions 9.0 and earlier are the cause of the unsafe condition.
    The FAA does not agree with the suggested change to the 
requirements of this AD. Such a change would require operators who have 
certain acceptable earlier software to install different software 
unnecessarily. Paragraph (k) of

[[Page 62896]]

this AD specifically prohibits installing Rockwell Collins FCC OPS 
software versions P1.1, P2.0, P3.0, P8.0, and P9.0. The unsafe 
conditions identified in AD 2012-21-08 and in this AD only exist with 
Rockwell Collins software versions P1.1, P2.0, P3.0, P8.0, and P9.0.
    Paragraph (k) of the proposed AD had inadvertently referred to 
software version ``P1.0'' as one of the affected versions that was 
prohibited for installation. Boeing Alert Service Bulletin 737-22A1211 
correctly identifies this affected software version as ``P1.1.'' The 
FAA has corrected this reference as version ``P1.1'' in paragraph (k) 
of this AD.

Request To Require Latest Service Information

    Boeing requested that the FAA revise the NPRM to refer to Boeing 
Alert Requirements Bulletin 737-22A1322 RB, Revision 1, dated January 
28, 2021, rather than Boeing Alert Requirements Bulletin 737-22A1322 
RB, dated November 21, 2018. Boeing noted that Boeing Alert 
Requirements Bulletin 737-22A1322 RB, Revision 1, dated January 28, 
2021, is the most current revision and has the correct FAA-only 
approval statement for The Boeing Company Model 737-700C airplanes.
    The FAA agrees with the request. The changes in Revision 1 are non-
substantive and do not affect the requirements as proposed in the NPRM 
for this AD. Therefore, the FAA has revised this final rule to refer to 
Boeing Alert Requirements Bulletin 737-22A1322 RB, Revision 1, dated 
January 28, 2021, as the appropriate source of service information for 
the newly required software installation. The FAA also has added 
paragraph (l) of this AD to provide credit for certain actions that 
were performed before the effective date of this AD using Boeing Alert 
Requirements Bulletin 737-22A1322 RB, dated November 21, 2018. 
Subsequent paragraphs have been re-identified accordingly.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, and any other changes 
described previously, this AD is adopted as proposed in the NPRM. None 
of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-22A1322 RB, 
Revision 1, dated January 28, 2021. The service information describes 
procedures for installing and testing an updated version of the FCC 
OPS.
    This AD also requires Boeing Alert Service Bulletin 737-22A1211, 
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 ADDRESSES.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
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.
 action).                            hour = $85.
----------------------------------------------------------------------------------------------------------------

    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:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install upgraded software.....................  1 work-hour x $85 per hour = $85              $0             $85
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
operators. The FAA does not control warranty coverage for affected 
operators. As a result, the FAA has included all costs in this 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.
    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

    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:

[[Page 62897]]

    (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 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:
0
a. Removing Airworthiness Directive (AD) 2012-21-08, Amendment 39-17224 
(77 FR 64711, October 23, 2012); and
0
b. Adding the following new AD:

2021-18-17 The Boeing Company: Amendment 39-21718; Docket No. FAA-
2020-0103; Product Identifier 2019-NM-149-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 20, 
2021.

(b) Affected ADs

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

(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 system (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, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-22A1211, dated 
April 13, 2010.
    (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, Revision 1, dated 
January 28, 2021.
    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, Revision 1, dated January 
28, 2021, which is referred to in Boeing Alert Requirements Bulletin 
737-22A1322 RB, Revision 1, dated January 28, 2021.
    (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 P1.1, 
P2.0, P3.0, P8.0, or P9.0, on any airplane.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Requirements Bulletin 
737-22A1322 RB, dated November 21, 2018.

(m) 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 (n)(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

[[Page 62898]]

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.

(n) Related Information

    (1) For more information about this AD, contact Michael J. 
Tucker, Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3974; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(5) and (6) of this AD.

(o) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
December 20, 2021.
    (i) Boeing Alert Requirements Bulletin 737-22A1322 RB, Revision 
1, dated January 28, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
November 27, 2012 (77 FR 64711, October 23, 2012).
    (i) Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010.
    (ii) Boeing Alert Service Bulletin 737-22A1224, dated May 18, 
2012.
    (5) 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.
    (6) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 30, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-24864 Filed 11-12-21; 8:45 am]
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