[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Rules and Regulations]
[Pages 64693-64695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23366]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1252; Project Identifier AD-2022-01163-T; 
Amendment 39-22204; AD 2022-21-05]
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 
certain The Boeing Company Model 737-300, -400, and -500 series 
airplanes. This AD was prompted by a report that a spoiler sensor 
failure may go undetected by the autothrottle (A/T) computer. This AD 
requires repetitive built-in test equipment (BITE) tests of the A/T 
computer to detect a spoiler sensor failure, and corrective action if 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective November 10, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 10, 
2022.
    The FAA must receive comments on this AD by December 12, 2022.

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 by 
searching for and locating Docket No. FAA-2022-1252; 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 street address for Docket 
Operations is listed above.
    Material Incorporated by Reference:
     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; website myboeingfleet.com.
     You may view this referenced 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-2022-1252.

FOR FURTHER INFORMATION CONTACT: Eric Igama, Aerospace Engineer, 
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5388; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA has received a report that a spoiler sensor failure may go 
undetected by the A/T computer. A review of the A/T cruise thrust split 
monitor logic terms showed that failure of the spoiler sensor input, 
including the wiring into the monitor logic, cannot be detected without 
a maintenance action performed on the flight control system. Latent 
loss of spoiler sensor position data or erroneous spoiler sensor 
position data could result in failure of the A/T cruise thrust split 
monitor to activate, which may result in a significant throttle split 
leading to asymmetric thrust. The subsequent lack of A/T disengagement 
could lead to an uncommanded roll. This condition, if not addressed, 
could result in potential loss of control of the airplane or reduced 
ability of the flightcrew to maintain the safe flight and landing of 
the airplane. The FAA is issuing this AD to address the unsafe 
condition on these products.
    The FAA has confirmed that accomplishment of the applicable BITE 
test in the existing airplane maintenance manual (AMM) detects the 
spoiler sensor failure. This test is currently not required to be 
performed repetitively, leading to a potential latent failure if the 
test is not performed regularly, which will be required by this AD.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-22A1411 RB, 
dated August 22, 2022. This service information specifies procedures 
for performing an A/T computer BITE test, ``Autopilot Aileron Actuator 
Test--DFCS BITE,'' and, if the test fails, performing applicable 
corrective actions to repair defects and repeating the test until the 
test passes. 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.

AD Requirements

    This AD requires accomplishing the actions identified in Boeing 
Alert Requirements Bulletin 737-22A1411 RB, dated August 22, 2022, 
already described, except as discussed under ``Differences Between this 
AD and the Service Information,'' and except for any differences 
identified as exceptions in the regulatory text of this AD.
    For information on the procedures and compliance times, see this 
service information at regulations.gov by searching for and locating 
Docket No. FAA-2022-1252.

Differences Between This AD and the Service Information

    Boeing Alert Requirements Bulletin 737-22A1411 RB, dated August 22, 
2022, specifies a compliance time of 250 flight hours for the initial 
BITE test. However, this AD requires the initial BITE test within 250 
flight hours or 2 months after the effective date of this AD, whichever 
occurs first, to ensure that airplanes with low utilization rates are 
addressed in a timely manner.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those

[[Page 64694]]

procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under this section, an agency, upon finding good cause, may 
issue a final rule without providing notice and seeking comment prior 
to issuance. Further, section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    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 forgoing notice and comment prior to adoption of this rule 
because failure of a spoiler sensor could result in failure of the 
autothrottle cruise thrust split monitor to activate, which may result 
in a significant throttle split leading to asymmetric thrust. The 
subsequent lack of autothrottle disengagement could lead to an 
uncommanded roll. This condition, if not addressed, could result in 
potential loss of control of the airplane or reduced ability of the 
flightcrew to maintain the safe flight and landing of the airplane. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2022-1252 and Project Identifier AD-
2022-01163-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Eric 
Igama, Aerospace Engineer, Systems and Equipment Section, FAA, Los 
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5388; 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.

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 21 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
----------------------------------------------------------------------------------------------------------------
BITE test......................  2 work-hours x $85 per               $0  $170 per test.....  $3,570 per test.
                                  hour = $170 per test.
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition corrective actions specified in this AD.

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, 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.

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:


[[Page 64695]]


    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:

2022-21-05 The Boeing Company: Amendment 39-22204; Docket No. FAA-
2022-1252; Project Identifier AD-2022-01163-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 10, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes, certificated in any category, as identified in 
Boeing Alert Requirements Bulletin 737-22A1411 RB, dated August 22, 
2022.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by a report that a spoiler sensor failure 
may go undetected by the autothrottle computer. The FAA is issuing 
this AD to address latent loss of spoiler sensor position data or 
erroneous spoiler sensor position data. The unsafe condition, if not 
addressed, could result in asymmetric thrust or an uncommanded roll 
and consequent potential loss of control of the airplane or reduced 
ability of the flightcrew to maintain the safe flight and landing of 
the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 737-22A1411 RB, dated August 22, 2022, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-22A1411 RB, dated August 22, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
737-22A1411 RB, dated August 22, 2022, which is referred to in 
Boeing Alert Requirements Bulletin 737-22A1411 RB, dated August 22, 
2022.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Requirements Bulletin 737-22A1411 RB, dated 
August 22, 2022, specifies the compliance time for the initial 
autopilot aileron actuator test as ``Within 250 flight hours after 
the Original Issue date of Requirements Bulletin 737-22A1411 RB,'' 
for this AD the initial compliance time is within 250 flight hours 
or 2 months after the effective date of this AD, whichever occurs 
first.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 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 (j)(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, Los 
Angeles 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.

(j) Related Information

    (1) For more information about this AD, contact Eric Igama, 
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5388; email: [email protected]
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

 (k) 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 737-22A1411 RB, dated 
August 22, 2022.
    (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 September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23366 Filed 10-24-22; 11:15 am]
BILLING CODE 4910-13-P


