[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Rules and Regulations]
[Pages 77445-77448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21557]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / 
Rules and Regulations  

[[Page 77445]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1497; Project Identifier AD-2023-00516-T; 
Amendment 39-22816; AD 2024-16-10]
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) 2019-25-
17, which applied to all The Boeing Company Model 737-600, -700, -700C, 
-800, -900, and -900ER series airplanes. AD 2019-25-17 required 
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 AD was prompted by 
reports of display electronic unit (DEU) software errors on airplanes 
with a selected instrument approach to a specific runway. This AD 
retains the requirements of AD 2019-25-17. This AD also requires 
installing the new software and performing a software configuration 
check, which terminates the AFM revision. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective October 28, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 28, 
2024.

ADDRESSES: 
    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 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.
    Material Incorporated by Reference:
     For Boeing material 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.
     You may view this material 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 under 
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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-25-17, Amendment 39-21016 (84 FR 
71304, December 27, 2019) (AD 2019-25-17). AD 2019-25-17 applied to 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). The NPRM published in the Federal Register on 
August 4, 2023 (88 FR 51739). The NPRM was prompted by reports of 
Display Units (DUs) 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 was issued to 
address the potential for blanking displays on flights into the 
affected airports. The software errors and consequent display blanking, 
if not addressed, could prevent continued safe flight and landing. In 
the NPRM, the FAA proposed to retain the requirements of AD 2019-25-17. 
The NPRM also proposed to require installing the new software, and 
performing a software configuration check, which would terminate the 
AFM revision requirement. The FAA is issuing this AD to address the 
potential for all six DUs to blank, which can prevent continued safe 
flight and landing.

Discussion of Final Airworthiness Directive

Comments

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

Request To Continue Utilizing Common Display System Block Point 06

    Boeing requested that paragraph (m), ``Alternative Methods of 
Compliance (AMOCs),'' of the proposed AD be revised to allow airplanes 
with Common Display System (CDS) Block Point (BP) 06 an AMOC to the 
actions specified by paragraph (h) of the proposed AD. SWA requested 
allowing airplanes to continue to utilize CDS BP06 in lieu of the 
software update that would be required by paragraph (h) of the proposed 
AD (i.e., CDS BP15a). Boeing and SWA stated that CDS BP06 does not 
contain the error that leads to the display blanking for the specific 
airports listed in AD 2019-25-17. SWA also cited a software 
incompatibility issue with the Rockwell Collins Head Up Display (HUD) 
HGS-2350 (currently installed on 15% of their fleet) and stated that 
the new CDS BP15a would require disabling the HUD, which provides the 
flightcrew a myriad of safety features enhancements.
    The FAA agrees with allowing airplanes with CDS BP06 to be excepted

[[Page 77446]]

from the requirements of paragraph (h) of this AD, because CDS BP06 
does not contain the error that leads to the display blanking for the 
specific airports listed in AD 2019-25-17. The FAA has added a 
statement in paragraph (i)(2) of this AD accordingly. The FAA does not 
agree with revising paragraph (m) of this AD, because this AD has been 
revised to except airplanes with CDS BP06 from the requirements of 
paragraph (h) of this AD, thus eliminating the need for the AMOC.

Request for Adding a Note to Paragraph (c), ``Applicability''

    Pegasus Airlines requested adding a note to paragraph (c), 
``Applicability,'' of the proposed AD as follows: ``The scope of the AD 
requirements is limited to operation at the seven runways identified in 
figure 1 to paragraph (g) of this AD.'' The commenter stated that the 
note was in AD 2019-25-17 and should be included in this AD.
    The FAA disagrees with the commenter. The requirements of this AD, 
notably the software update, must be done by all applicable airplanes 
regardless of runway operation. The FAA has not changed this AD in this 
regard.

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 
accomplishment of the manufacturer's service instructions.
    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.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. 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.

Material Incorporated by Reference Under 1 CFR Part 51

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

Costs of Compliance

    The FAA estimates that this AD affects 1,739 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

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

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

2024-16-10 The Boeing Company: Amendment 39-22816; Docket No. FAA-
2023-1497; Project Identifier AD-2023-00516-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 28, 2024.

[[Page 77447]]

(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 display units (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] TR23SE24.007

 (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 Requirements Bulletin Specifications

    (1) 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.''
    (2) The requirements of paragraph (h) of this AD do not apply to 
airplanes with Common Display System (CDS) Block Point 06 installed.

 (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.

[[Page 77448]]

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.
    (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) Material identified in this AD that is not incorporated by 
reference is available at the addresses specified in paragraph 
(o)(3) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material 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 Boeing material 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 material 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 material 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 August 1, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-21557 Filed 9-20-24; 8:45 am]
 BILLING CODE 4910-13-P