[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Proposed Rules]
[Pages 51739-51742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16364]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88 , No. 149 / Friday, August 4, 2023 / 
Proposed Rules  

[[Page 51739]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1497; Project Identifier AD-2023-00516-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-25-17, which applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2019-25-17 
requires revising the existing airplane flight manual (AFM) to prohibit 
selection of certain runways for airplanes equipped with certain 
software. Since the FAA issued AD 2019-25-17, Boeing has developed new 
software to address the unsafe condition. This proposed AD would retain 
the requirements of AD 2019-25-17. This proposed AD would also require 
installing the new software and performing a software configuration 
check, which would terminate the AFM revision. 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 September 
18, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1497; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     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; website 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 
regulations.gov by searching for and locating Docket No. FAA-2023-1497.

FOR FURTHER INFORMATION CONTACT: Douglas Y. Tsuji, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3548; 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 ADDRESSES. Include ``Docket No. FAA-2023-1497; Project Identifier 
AD-2023-00516-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Douglas Y. Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St., 
Des Moines, WA 98198; phone: 206-231-3548; email: 
[email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2019-25-17, Amendment 39-21016 (84 FR 71304, 
December 27, 2019) (AD 2019-25-17), for all the Boeing Company Model 
737-600, -700, -700C, -800, -900, and -900ER (Model 737 NG) series 
airplanes (although the scope of the AD requirements is limited to 
operation at specific runways in the U.S., Colombia, and Guyana). AD 
2019-25-17 was prompted by reports of Display Units (DU) blanking due 
to Display Electronics Unit (DEU) software errors on Model 737 NG 
airplanes flying into runway PABR in Barrow, Alaska. The investigation 
revealed that the problem occurs when a certain combination of software 
is installed and a susceptible runway with a 270-degree true heading is 
selected for instrument approach, although only seven runways worldwide 
have latitude and longitude values that cause the blanking behavior. AD 
2019-25-17 requires revising the

[[Page 51740]]

existing AFM to prohibit selection of certain runways for airplanes 
equipped with certain software. AD 2019-25-17 was issued to address 
unscheduled diversions and Boeing Business Jet flights into the 
affected airports. The software errors and consequent display blanking, 
if not addressed, could prevent continued safe flight and landing.

Actions Since AD 2019-25-17 Was Issued

    The preamble to AD 2019-25-17 specifies that the FAA considers the 
requirements ``interim action'' and that the manufacturer is developing 
a software update to address the unsafe condition. That AD explains 
that the FAA might consider further rulemaking if a software update is 
developed, approved, and available. Boeing has developed new software 
common display system (CDS) DEU operational program software (OPS) 
block point 2015A, which corrects the DU blanking issue. The FAA has 
determined that further rulemaking is indeed necessary; this proposed 
AD follows from that determination.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-31A1880 RB, 
Revision 1, dated September 16, 2020. This service information 
specifies procedures for installing the CDS DEU OPS block point 2015A 
and performing a software configuration check. 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.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2019-
25-17. This proposed AD would also require accomplishing the actions in 
the Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-31A1880 RB, Revision 1, dated September 16, 2020, already 
described, except for any differences identified as exceptions in the 
regulatory text of this proposed AD, and except as specified under 
``Difference Between Service Information and Proposed AD.'' 
Accomplishment of the new actions specified in this proposed AD would 
terminate the AFM revision required by AD 2019-25-17. For information 
on the procedures and compliance times, see this service information at 
regulations.gov under Docket No. FAA-2023-1497.

Difference Between Service Information and Proposed AD

    The effectivity of Boeing Alert Requirements Bulletin 737-31A1880 
RB, Revision 1, dated September 16, 2020, is limited to Model 737 NG 
airplanes having certain line numbers. This AD, however, applies to all 
of these airplanes to ensure that the unsafe condition is addressed on 
all airplanes subject to the unsafe condition. For airplanes on which 
the latest software was installed in production, paragraph (j) of this 
proposed AD would provide for terminating action for the AFM revision 
requirements of paragraph (g) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,739 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                        Labor cost                 Parts cost                Cost per product            Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revise AFM (retained action from AD   1 work-hour x $85 per    $0.........................  $85........................  $147,815.
 2019[dash]25[dash]17).                hour = $85.
Install software and perform          2 work-hours x $85 per   Up to $975.................  Up to $1,145...............  Up to $1,991,155.
 configuration check (new proposed     hour = $170.
 actions).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

[[Page 51741]]

0
a. Removing Airworthiness Directive (AD) 2019-25-17, Amendment 39-21016 
(84 FR 71304, December 27, 2019), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2023-1497; Project Identifier AD-
2023-00516-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by September 18, 2023.

(b) Affected ADs

    This AD replaces AD 2019-25-17, Amendment 39-21016 (84 FR 71304, 
December 27, 2019) (AD 2019-25-17).

(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 31, Instruments.

(e) Unsafe Condition

    This AD was prompted by reports of display electronic unit (DEU) 
software errors on airplanes with a selected instrument approach to 
a specific runway. The FAA is proposing this AD to address the 
potential for all six DUs to blank, which can prevent continued safe 
flight and landing.

(f) Compliance

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

(g) Retained AFM Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-25-17, with no changes. Within 14 days after December 27, 2019 
(the effective date of AD 2019-25-17), revise the Miscellaneous 
Limitations section of the existing airplane flight manual (AFM) to 
include the information in figure 1 to paragraph (g) of this AD. 
This may be done by inserting a copy of figure 1 to paragraph (g) of 
this AD into the Miscellaneous Limitations section of the existing 
AFM.

Figure 1 to Paragraph (g)--AFM Revision
[GRAPHIC] [TIFF OMITTED] TP04AU23.000

(h) Software Update

    Except as specified in paragraph (i) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Requirements Bulletin 737-31A1880 RB, Revision 1, dated 
September 16, 2020, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 737-31A1880 RB, Revision 1, dated September 
16, 2020.
    Note 1 to paragraph (h): Guidance for accomplishing the actions 
required by paragraph (h) of this AD can be found in Boeing Alert 
Service Bulletin 737-31A1880, Revision 1, dated September 16, 2020, 
which is referred to in Boeing Alert Requirements Bulletin 737-
31A1880 RB, Revision 1, dated September 16, 2020.

(i) Exceptions to Service Information Specifications

    Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-
31A1880 RB, Revision 1, dated September 16, 2020, use the phrase 
``Within 12 months--after the Revision 1 date of Requirements 
Bulletin 737-31A1880 RB,'' this AD requires using ``Within 12 months 
after the effective date of this AD.''

(j) Terminating Action for AFM Revision

    Accomplishment of the actions specified by paragraph (h) of this 
AD by an operator's entire affected fleet terminates the actions 
required by paragraph (g) of this AD, and the AFM revision required 
by paragraph (g) of this AD may be removed from the AFM.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Requirements Bulletin 
737-31A1880 RB, dated April 17, 2020, which is not incorporated by 
reference in this AD.

(l) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
actions required by this AD can be performed, provided the airplane 
is operated in accordance with the AFM limitation required by 
paragraph (g) of this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Continued Operational Safety 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 responsible Flight 
Standards 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 responsible Flight Standards Office.

[[Page 51742]]

    (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 Organization Designation 
Authorization (ODA) that has been authorized by the Manager, 
Continued Operational Safety 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 Douglas Y. 
Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-231-3548; 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)(3) and (4) 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 the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 737-31A1880 RB, Revision 
1, dated September 16, 2020.
    (ii) [Reserved]
    (3) 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; website myboeingfleet.com.
    (4) 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.
    (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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16364 Filed 8-3-23; 8:45 am]
BILLING CODE 4910-13-P