[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Rules and Regulations]
[Pages 71304-71306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27966]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0992; Product Identifier 2019-NM-197-AD; Amendment 
39-21016; AD 2019-25-17]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) 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). This AD requires revising the airplane flight 
manual (AFM) to prohibit selection of certain runways for airplanes 
equipped with certain software. 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 issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 27, 2019.
    The FAA must receive comments on this AD by February 10, 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.

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-
0992; 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, 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: 
David.Sumner@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA received reports earlier this year of three incidents of 
display electronic unit (DEU) software errors on Model 737 NG airplanes 
flying into runway PABR in Barrow, Alaska. All six display units (DUs) 
blanked with a selected instrument approach to a runway with a 270-
degree true heading, and all six DUs stayed blank until a different 
runway was selected. The Integrated Standby Flight Display (ISFD) and 
Heads-Up-Display (HUD) remained operational during this failure of the 
primary flight displays. The investigation has traced the behavior to a 
combination of common display system (CDS) block point (BP) 15 software 
in the DEUs and U12 or later software in the flight management computer 
(FMC). The investigation revealed that the problem occurs when this 
combination of software is installed and a susceptible runway with a 
270-degree true heading is selected for instrument approach. Not all 
runways with a 270-degree true heading are susceptible; only seven 
runways worldwide, as identified in this AD, have latitude and 
longitude values that cause the blanking behavior. If CDS BP15 software 
and FMC U12 or later software are installed, all six DUs can blank when 
a susceptible runway with a 270-degree true heading is selected. The 
FAA has confirmed that the faulty version of DEU software has already 
been removed from all airplanes conducting scheduled airline service 
into the affected airports. This AD is intended to address unscheduled 
diversions and Boeing Business Jet (BBJ) flights into the affected 
airports. This condition, if not addressed, could prevent continued 
safe flight and landing.

FAA's Determination

    The FAA is issuing this AD because the agency 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.

AD Requirements

    This AD requires revising the AFM to prohibit selection of certain 
runways for airplanes equipped with certain software.
    Although all Model 737 NG airplanes are affected, the scope of the 
AD requirements is limited to operation at specific runways in the 
U.S., Colombia, and Guyana, as identified in this AD.

Interim Action

    The FAA considers this AD interim action. The manufacturer is 
currently developing a software update that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, the FAA might consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because the combination of CDS BP15 software and FMC U12 or later 
software installed can result in all six DUs blanking when a 
susceptible runway with 270 degree true heading is selected; this 
condition can prevent continued safe flight and landing. The compliance 
time for the required action is shorter than the time necessary for the 
public to comment and for publication of the final rule. Therefore, the 
FAA finds good cause that notice and opportunity for prior public 
comment are impracticable. In addition, for the reasons stated above, 
the FAA finds that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0992 and Product Identifier 2019-NM-197-AD at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.

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    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 final rule.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

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 per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85        $147,815
                                         hour = $85.
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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 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 adding the following new airworthiness 
directive (AD):

2019-25-17 The Boeing Company: Amendment 39-21016; Docket No. FAA-
2019-0992; Product Identifier 2019-NM-197-AD.

(a) Effective Date

    This AD is effective December 27, 2019.

(b) Affected ADs

    None.

(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.

    Note 1 to paragraph (c): The scope of the AD requirements is 
limited to operation at the seven runways identified in figure 1 to 
paragraph (g) of this AD.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Indicating/
recording system.

(e) Unsafe Condition

    This AD was prompted by reports of display unit (DU) software 
errors on airplanes with a selected instrument approach to a 
specific runway. The FAA is issuing 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) AFM Revision

    Within 14 days after the effective date of this AD, 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.

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[GRAPHIC] [TIFF OMITTED] TR27DE19.000

(h) 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 (i) of this AD. Information may be 
emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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 Organization Designation 
Authorization (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.

(i) Related Information

    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: David.Sumner@faa.gov.

(j) Material Incorporated by Reference

    None.

    Issued on December 20, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-27966 Filed 12-26-19; 8:45 am]
 BILLING CODE 4910-13-P


