Airworthiness Directives; the Boeing Company Airplanes, 31758-31762 [2012-13028]

Download as PDF 31758 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules srobinson on DSK4SPTVN1PROD with PROPOSALS C. Conduct of Public Meeting DEPARTMENT OF TRANSPORTATION DOE will designate a DOE official to preside at the public meeting and may also employ a professional facilitator to aid discussion. The public meeting will be conducted in an informal, conference style. The meeting will not be a judicial or evidentiary public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). Discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S. anti-trust laws is not permitted. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. A court reporter will record the proceedings and prepare a transcript. At the public meeting, DOE will allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant may present a prepared general statement (within time limits determined by DOE) before the discussion of specific topics. Other participants may comment briefly on any general statements. At the end of the prepared statements on each specific topic, participants may clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer questions from DOE and other participants. DOE representatives may also ask questions about other matters relevant to this rulemaking. The official conducting the public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of procedures needed for the proper conduct of the public meeting. DOE will make the entire record of this proposed rulemaking, including the transcript from the public meeting, available for inspection at the U.S. Department of Energy, 6th Floor, 950 L’Enfant Plaza SW., Washington, DC 20024, (202) 586–2945, between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. Anyone may purchase a copy of the transcript from the transcribing reporter. Additionally, the record for this proposed rulemaking will be made available at www.regulations.gov. Federal Aviation Administration Issued in Washington, DC, on May 24, 2012. Timothy Unruh, Acting Deputy Assistant Secretary of Energy, Energy Efficiency and Renewable Energy. [FR Doc. 2012–13099 Filed 5–29–12; 8:45 am] BILLING CODE 6450–01–P VerDate Mar<15>2010 16:32 May 29, 2012 Jkt 226001 14 CFR Part 39 [Docket No. FAA–2010–0856; Directorate Identifier 2010–NM–117–AD] RIN 2120–AA64 Airworthiness Directives; the Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. AGENCY: We are revising an earlier proposed airworthiness directive (AD) for certain the Boeing Company Model 737–600, –700, –700C, –800, and –900 series airplanes. That NPRM proposed to inspect for part numbers of the operational program software of the flight control computers, and corrective actions if necessary. That NPRM was prompted by reports of undetected erroneous output from a single radio altimeter channel, which resulted in premature autothrottle retard during approach. This action revises that NPRM by also proposing to supersede an existing AD. We are proposing this supplemental NPRM to detect and correct an unsafe condition associated with erroneous output from a radio altimeter channel, which could result in premature autothrottle landing flare retard and the loss of automatic speed control, and consequent loss of control of the airplane. Since the proposal to now supersede an existing AD may impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on this proposed change. DATES: We must receive comments on this supplemental NPRM by July 16, 2012. SUMMARY: 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: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey ADDRESSES: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1; fax 206–766–5680; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227– 1221. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Gregg Nesemeier, Senior Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: (425) 917–6479; fax: (425) 917–6590; email: gregg.nesemeier@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2010–0856; Directorate Identifier 2010–NM–117–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each E:\FR\FM\30MYP1.SGM 30MYP1 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules substantive verbal contact we receive about this proposed AD. Discussion We issued an NPRM to amend 14 CFR part 39 to include an AD that would apply to certain the Boeing Company Model 737–600, –700, –700C, –800, and –900 series airplanes. That NPRM was published in the Federal Register on September 23, 2010 (75 FR 57885). That NPRM proposed to require inspecting for part numbers of the operational program software (OPS) of the flight control computers (FCC), and doing corrective actions if necessary. Actions Since Previous NPRM (75 FR 57885, September 23, 2010) Was Issued Since we issued the previous NPRM (75 FR 57885, September 23, 2010), we have determined that the software installation required by AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005), is out of date and new software would be required by this supplemental NPRM. Comments We gave the public the opportunity to comment on the previous NPRM (75 FR 57885, September 23, 2010). The following presents the comments received on the previous NPRM and the FAA’s response to each comment. Support for the Previous NPRM (75 FR 57885, September 23, 2010) The Airline Pilots Association, International (ALPA) supports the NPRM (75 FR 57885, September 23, 2010). srobinson on DSK4SPTVN1PROD with PROPOSALS Request To Supersede Previous AD Continental Airlines (Continental) requested that we revise the NPRM (75 FR 57885, September 23, 2010) to supersede AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005). Continental explained that this would allow the new AD to be accomplished without needing an alternative method of compliance (AMOC) for AD 2005–07– 20, which also applied to Model B737 FCC OPS. Alaska Airlines (Alaska) also requested that we revise paragraph (b) of the NPRM (75 FR 57885, September 23, 2010) to include a reference to AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005), which installed a previous version of FCC software. Alaska explained that we should consider whether AD 2005–07– 20 should be superseded by the NPRM. We agree to revise the NPRM (75 FR 57885, September 23, 2010) by proposing in this supplemental NPRM to supersede AD 2005–07–20, VerDate Mar<15>2010 16:32 May 29, 2012 Jkt 226001 Amendment 39–14045 (70 FR 17603, April 7, 2005). AD 2005–07–20, for certain Model 737–600, –700, –800, and –900 series airplanes, requires installing and testing a certain version of OPS for the FCC. However, AD 2005–07–20 requires installation of an older version of the OPS for the FCC than what this supplemental NPRM would require. We have verified with the manufacturer that the software specified in Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, provides appropriate corrective actions for the unsafe condition identified for the software identified in AD 2005–07–20. We have revised this supplemental NPRM in order to supersede AD 2005–07–20. We have also added paragraph (i)(3) of this supplemental NPRM to give credit for existing AMOCs. Request To Revise Applicability Section Continental requested that we revise the NPRM (75 FR 57885, September 23, 2010) by changing the Applicability section so that the NPRM only applies to airplanes with the earlier software. Continental explained that it has determined that the software required to be installed per Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, is a later version than required to be installed by AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005), per Boeing Alert Service Bulletin 737–22A1164, dated May 20, 2004. Continental expressed that later versions of software always seem to be an issue and require an AMOC. Continental stated that to eliminate this issue, we could either allow later software versions or revise the applicability so that it only applies to airplanes with the earlier software installed. Continental suggested that we revise the Applicability section of the NPRM to include the phrase, ‘‘with Flight Control Computers (FCC) Operational Program Software (OPS) 2271–COL–AC1–02, 2270–COL–AC1– 03, or 2277–COL–AC1–04 installed.’’ Continental also contacted the FAA regarding its comment and provided examples of other AD applicabilities that might be used for this NPRM. Alaska also requested that we revise the Applicability section of the NPRM (75 FR 57885, September 23, 2010) to exclude airplanes which had FCC software installed per an AMOC to AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005). Alaska explained that this AMOC to AD 2005– 07–20 approved the same FCC software specified in the NPRM, i.e., FCC software 2276–COL–AC1–05 or 2275– COL–AC1–06. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 31759 We do not agree to revise the Applicability section of this supplemental NPRM to limit it to only airplanes with certain FCC software versions installed. The intent of this supplemental NPRM is to ensure that the proper software is installed on all airplanes listed in the variable number table in Section 1.A., Effectivity, of Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010. If the required software is found to already be installed by performing the software part number inspection specified in Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010, then no more work is necessary. We have not changed the supplemental NPRM in this regard. However, we do agree to revise this supplemental NPRM to allow for installation of versions of the FCC software that are approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) after the issuance of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. We have revised paragraph (h)(1) of this supplemental NPRM accordingly. We have also clarified paragraph (h)(1) of this supplemental NPRM by referring to table 2 of that service bulletin for the improved software. We agree to revise the Applicability section (paragraph (c)) of this supplemental NPRM for clarity by referring to the airplanes identified in the variable number table in Section 1.A., Effectivity, of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. We intend that this supplemental NPRM is applicable to all airplanes having variable numbers identified in that table, and that the applicability not be defined by the ‘‘Group 1’’ description in section 1.A. of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. We find that the effectivity by variable number in Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, adequately identifies the airplanes affected by the unsafe condition and assures that the unsafe condition is corrected on affected airplanes. We have revised the Applicability section in this supplemental NPRM accordingly. Request To Include a Terminating Action Continental requested that we revise the NPRM (75 FR 57885, September 23, 2010) to include a note that states: ‘‘Validation by an operator that aircraft that have had part number (P/N) 831– 5854–150 software loaded into their P/ N 822–1604–101 or –151 Flight Control Computers in accordance with Boeing Service Letter 737–SL–22–059 E:\FR\FM\30MYP1.SGM 30MYP1 31760 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules constitutes a terminating action for this AD.’’ Continental reasoned that Boeing Service Letter 737–SL–22–059 was issued June 29, 2007, and that the letter advises operators that they can load software P/N 2275–COL–AC1–06 (Diskette Set Collins P/N 831–5854–150) into P/N 822–1604–101 and –151 FCCs. Continental explained that the software is listed in table 2 of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. We disagree to include the note requested by the commenter. We intend that the applicability of the supplemental NPRM includes all airplanes identified in the variable number table in Section 1.A, Effectivity, of Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010. Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, requires that operators inspect the FCC OPS part numbers, and that if the software part number installed is listed in table 2 of that service bulletin (which includes P/ N 831–5854–150, as the commenter stated), no more work is necessary. Compliance with the requirements of paragraph (h) of the supplemental NPRM is then complete. However, if the operator finds that a software part number listed in table 2 of that service bulletin is not installed, they must install new software. We have revised the AD applicability in paragraph (c) of this supplemental NPRM to more clearly define the affected airplanes. We have not otherwise changed the AD in this regard. srobinson on DSK4SPTVN1PROD with PROPOSALS Request To Include Certain Airplanes Boeing requested that we revise the Summary section and the Applicability section of the NPRM (75 FR 57885, September 23, 2010) to include the phrase, ‘‘airplanes delivered with the Collins Enhanced Digital Flight Control System (EDFCS).’’ Boeing reasoned that the NPRM is only applicable to that portion of the Model 737–600, –700, –700C, –800, and –900 series airplane fleet delivered with the Collins EDFCS installed at delivery. We agree to revise this supplemental NPRM to include the phrase requested by Boeing, although we will use the full company name of the equipment supplier (‘‘Rockwell Collins’’). This revision may make it easier for operators to quickly determine whether or not this AD is applicable to their airplanes. Since the effectivity of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, is limited to airplanes equipped with the Rockwell Collins EDFCS, this change will have no actual effect on the AD applicability. We have VerDate Mar<15>2010 16:32 May 29, 2012 Jkt 226001 revised the Applicability section of the supplemental NPRM accordingly. Request To Rephrase the Unsafe Condition Boeing requested that we revise the NPRM (75 FR 57885, September 23, 2010) by removing the words ‘‘and correct’’ from the phrase ‘‘detect and correct’’. Boeing explained that the software change described in Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, does not ‘‘correct’’ erroneous radio altimeter outputs—it only ‘‘detects’’ them and inhibits the autothrottle landing flare retard mode. We partially agree to revise the phrasing of the unsafe condition in the supplemental NPRM. The software change described in Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, enables the airplane systems to detect erroneous output from a radio altimeter channel and correct improper autothrottle system response to that erroneous output. While we disagree to completely remove the phrase ‘‘and correct’’ from the unsafe condition statement, we have revised the unsafe condition phrasing accordingly throughout the supplemental NPRM. Request To Change Phrasing Regarding Crew Response Boeing requested that we revise the NPRM (75 FR 57885, September 23, 2010) by adding the phrase, ‘‘absent proper crew response,’’ to the following sentence throughout the NPRM, as such: ‘‘We are proposing this AD to detect erroneous output from a radio altimeter channel, which, absent proper crew response, could result in premature autothrottle landing flare retard and the loss of automatic speed control, and may lead to loss of control of the airplane.’’ Boeing explained that this sentence should directly reflect the fact that proper crew response can avoid any of the listed contingencies. We disagree to revise this supplemental NPRM to include the phrase requested by Boeing. We do not have information at this time that confirms Boeing’s comment. We have not changed the AD in this regard. Request To Clarify the Applicability Alaska requested that we clarify the applicability of the NPRM (75 FR 57885, September 23, 2010). Alaska explained that the effectivity section of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, could be interpreted to mean that airplanes with FCC software 2276–COL–AC1–05 or 2275–COL–AC1–06 installed did not require accomplishment of Boeing Alert PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Service Bulletin 737–22A1211, dated April 13, 2010, while the accomplishment section of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, could be interpreted to require that airplanes be inspected to verify that the correct software version is installed. We agree to clarify the applicability of this supplemental NPRM, which includes all airplanes identified in the airplane variable number table in Section 1.A of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. The applicability of this supplemental NPRM is not defined by the ‘‘Group 1’’ description in that section of that service bulletin. We have revised paragraph (c) of this supplemental NPRM for clarity by referring to the variable number table. We have also added Note 1 to paragraph (c) of this supplemental NPRM. Request To Use the Latest Revision of the Service Information Alaska requested that we revise the NPRM (75 FR 57885, September 23, 2010) to refer to the latest service information, if a later revision is issued. Alaska noted that ‘‘computer’’ is misspelled in the effectivity section of Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010. We acknowledge that ‘‘computer’’ is misspelled in the effectivity section of Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010. However, this typo does not affect the applicability of this supplemental NPRM. Also, we have not received any revised service information; Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, is the latest service information. Therefore, we have not changed this supplemental NPRM in this regard. Request To Correct Effectivity Between Service Information Continental requested that we acknowledge that the effectivity between the service information in AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005), and Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, is different. We agree that the effectivities of Boeing Alert Service Bulletin 737– 22A1164, dated May 20, 2004, and Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010; are different. (Boeing Alert Service Bulletin 737–22A1164, dated May 20, 2004, is the appropriate source of service information for AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005). However, we have verified that all airplanes in the E:\FR\FM\30MYP1.SGM 30MYP1 31761 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules effectivity of Boeing Alert Service Bulletin 737–22A1164, dated May 20, 2004, are also listed in the effectivity of Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010. Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010, is applicable to a larger group of airplanes than Boeing Alert Service Bulletin 737–22A1164, dated May 20, 2004. Therefore, we have not changed the supplemental NPRM in this regard. Special Flight Permit Paragraph We have removed paragraph (h) of the NPRM (75 FR 57885, September 23, 2010) from this supplemental NPRM. Paragraph (h) of the NPRM prohibited special flight permits. We have determined that special flight permits are allowed, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199). FAA’s Determination We are proposing this supplemental NPRM because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs. Certain changes described above expand the scope of the original NPRM (75 FR 57885, September 23, 2010). As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this supplemental NPRM. Amendment 39–14045 (70 FR 17603, April 7, 2005). Since AD 2005–07–20 was issued, the AD format has been revised, and certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: REVISED PARAGRAPH IDENTIFIERS Requirement in AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005) paragraph (f) Proposed Requirements of the Supplemental NPRM This supplemental NPRM would require accomplishing the actions specified in the service information described previously. Corresponding requirement in this proposed AD paragraph (g) Costs of Compliance We estimate that this proposed AD affects 207 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Change to Existing AD This proposed AD would retain all requirements of AD 2005–07–20, ESTIMATED COSTS Action Labor cost Cost per product 2 work-hours × $85 per hour = $170. $0 1 work-hour × $85 per hour = $85. Installation [retained actions from existing AD 2005– 07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005]. Inspection .................................................................... We estimate the following costs to do any necessary installations that would Parts cost N/A be required based on the results of the proposed inspection. We have no way of $170 Cost on U.S. operators $35,190 $85 per inspection cycle 17,595 determining the number of aircraft that might need this installation: ON-CONDITION COSTS Action Labor cost Parts cost Cost per product Installation ..................................................................... 1 work-hour × $85 per hour = $85 ............................... $0 $85 srobinson on DSK4SPTVN1PROD with PROPOSALS According to the manufacturer, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our 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. We are issuing this rulemaking under the authority described in Subtitle VII, VerDate Mar<15>2010 16:32 May 29, 2012 Jkt 226001 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 We 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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 this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) 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. E:\FR\FM\30MYP1.SGM 30MYP1 31762 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 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 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005), and adding the following new AD. The Boeing Company: Docket No. FAA– 2010–0856; Directorate Identifier 2010– NM–117–AD. (a) Comments Due Date We must receive comments by July 16, 2012. (b) Affected ADs This AD supersedes AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005). (c) Applicability This AD applies to The Boeing Company Model 737–600, –700, –700C, –800, and –900 series airplanes, delivered with the Rockwell Collins Enhanced Digital Flight Control System (EDFCS), certificated in any category; as identified in the Variable Number table in Section 1.A., Effectivity, of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. Note 1 to paragraph (c) of this AD: This AD is applicable to all airplanes listed in the Variable Number table, and is not defined by the ‘‘Group 1’’ description in Section 1.A. of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. srobinson on DSK4SPTVN1PROD with PROPOSALS (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 22, Auto Flight. (e) Unsafe Condition This AD was prompted by reports of undetected erroneous output from a single radio altimeter channel, which resulted in premature autothrottle retard during approach. We are issuing this AD to detect and correct an unsafe condition associated with erroneous output from a radio altimeter channel, which could result in premature autothrottle landing flare retard and the loss of automatic speed control, and consequent loss of control of the airplane. VerDate Mar<15>2010 16:32 May 29, 2012 Jkt 226001 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Actions With No Changes This paragraph restates the actions required by paragraph (f) of AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005). For airplanes identified in Boeing Alert Service Bulletin 737–22A1164, dated May 20, 2004: Within 12 months after May 12, 2005 (the effective date of AD 2005–07– 20, Amendment 39–14045 (70 FR 17603, April 7, 2005)), install and test an updated version of the operational program software (OPS) of the EDFCS flight control computers (FCCs), in accordance with Boeing Alert Service Bulletin 737–22A1164, dated May 20, 2004. (h) New Requirements Within 3 months after the effective date of this AD: Inspect to determine the part number of the OPS of the FCCs, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. Installing software as required by paragraph (h)(1) of this AD, or verifying that the software is installed as specified by paragraph (h)(2) of this AD, terminates the requirements of paragraph (g) of this AD. (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, install software specified in table 2 of Boeing Alert Service Bulletin 737– 22A1211, dated April 13, 2010, or install software that is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) after April 13, 2010, that is fully interchangeable with the software specified in table 2 of Boeing Alert Service Bulletin 737–22A1211, dated April 13, 2010. Do the installation 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: No further action is required by this paragraph. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), 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 ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-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. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 (3) AMOCs approved previously in accordance with AD 2005–07–20, Amendment 39–14045 (70 FR 17603, April 7, 2005), are approved as AMOCs for the corresponding provisions of this AD. (j) Related Information (1) For more information about this AD, contact Gregg Nesemeier, Senior Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: (425) 917–6479; fax: (425) 917–6590; email: gregg.nesemeier@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1; fax 206–766– 5680; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington 98057–3356. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on May 21, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–13028 Filed 5–29–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0490; Directorate Identifier 2012–NM–066–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Notice of proposed rulemaking (NPRM). ACTION: We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. This proposed AD was prompted by reports of cracking of the midspar fittings, and of the engine and nacelle strut separating from the airplane. This proposed AD would require performing a detailed inspection of the midspar fittings of the nacelle strut to confirm that the correct part number is installed, and installing the correct part number if necessary; performing repetitive high frequency eddy current inspections (HFEC) of the midspar fittings of the nacelle strut for cracks, and repair if necessary; and SUMMARY: E:\FR\FM\30MYP1.SGM 30MYP1

Agencies

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31758-31762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13028]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0856; Directorate Identifier 2010-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain the Boeing Company Model 737-600, -700, -700C, -800, 
and -900 series airplanes. That NPRM proposed to inspect for part 
numbers of the operational program software of the flight control 
computers, and corrective actions if necessary. That NPRM was prompted 
by reports of undetected erroneous output from a single radio altimeter 
channel, which resulted in premature autothrottle retard during 
approach. This action revises that NPRM by also proposing to supersede 
an existing AD. We are proposing this supplemental NPRM to detect and 
correct an unsafe condition associated with erroneous output from a 
radio altimeter channel, which could result in premature autothrottle 
landing flare retard and the loss of automatic speed control, and 
consequent loss of control of the airplane. Since the proposal to now 
supersede an existing AD may impose an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on this proposed change.

DATES: We must receive comments on this supplemental NPRM by July 16, 
2012.

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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; email me.boecom@boeing.com; 
Internet https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information 
on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Gregg Nesemeier, Senior Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: (425) 917-6479; fax: (425) 917-6590; email: 
gregg.nesemeier@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0856; 
Directorate Identifier 2010-NM-117-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each

[[Page 31759]]

substantive verbal contact we receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to certain the Boeing Company Model 737-600, -700, -700C, -
800, and -900 series airplanes. That NPRM was published in the Federal 
Register on September 23, 2010 (75 FR 57885). That NPRM proposed to 
require inspecting for part numbers of the operational program software 
(OPS) of the flight control computers (FCC), and doing corrective 
actions if necessary.

Actions Since Previous NPRM (75 FR 57885, September 23, 2010) Was 
Issued

    Since we issued the previous NPRM (75 FR 57885, September 23, 
2010), we have determined that the software installation required by AD 
2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), is out of 
date and new software would be required by this supplemental NPRM.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(75 FR 57885, September 23, 2010). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

Support for the Previous NPRM (75 FR 57885, September 23, 2010)

    The Airline Pilots Association, International (ALPA) supports the 
NPRM (75 FR 57885, September 23, 2010).

Request To Supersede Previous AD

    Continental Airlines (Continental) requested that we revise the 
NPRM (75 FR 57885, September 23, 2010) to supersede AD 2005-07-20, 
Amendment 39-14045 (70 FR 17603, April 7, 2005). Continental explained 
that this would allow the new AD to be accomplished without needing an 
alternative method of compliance (AMOC) for AD 2005-07-20, which also 
applied to Model B737 FCC OPS.
    Alaska Airlines (Alaska) also requested that we revise paragraph 
(b) of the NPRM (75 FR 57885, September 23, 2010) to include a 
reference to AD 2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 
2005), which installed a previous version of FCC software. Alaska 
explained that we should consider whether AD 2005-07-20 should be 
superseded by the NPRM.
    We agree to revise the NPRM (75 FR 57885, September 23, 2010) by 
proposing in this supplemental NPRM to supersede AD 2005-07-20, 
Amendment 39-14045 (70 FR 17603, April 7, 2005). AD 2005-07-20, for 
certain Model 737-600, -700, -800, and -900 series airplanes, requires 
installing and testing a certain version of OPS for the FCC. However, 
AD 2005-07-20 requires installation of an older version of the OPS for 
the FCC than what this supplemental NPRM would require. We have 
verified with the manufacturer that the software specified in Boeing 
Alert Service Bulletin 737-22A1211, dated April 13, 2010, provides 
appropriate corrective actions for the unsafe condition identified for 
the software identified in AD 2005-07-20. We have revised this 
supplemental NPRM in order to supersede AD 2005-07-20. We have also 
added paragraph (i)(3) of this supplemental NPRM to give credit for 
existing AMOCs.

Request To Revise Applicability Section

    Continental requested that we revise the NPRM (75 FR 57885, 
September 23, 2010) by changing the Applicability section so that the 
NPRM only applies to airplanes with the earlier software. Continental 
explained that it has determined that the software required to be 
installed per Boeing Alert Service Bulletin 737-22A1211, dated April 
13, 2010, is a later version than required to be installed by AD 2005-
07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), per Boeing 
Alert Service Bulletin 737-22A1164, dated May 20, 2004. Continental 
expressed that later versions of software always seem to be an issue 
and require an AMOC. Continental stated that to eliminate this issue, 
we could either allow later software versions or revise the 
applicability so that it only applies to airplanes with the earlier 
software installed. Continental suggested that we revise the 
Applicability section of the NPRM to include the phrase, ``with Flight 
Control Computers (FCC) Operational Program Software (OPS) 2271-COL-
AC1-02, 2270-COL-AC1-03, or 2277-COL-AC1-04 installed.'' Continental 
also contacted the FAA regarding its comment and provided examples of 
other AD applicabilities that might be used for this NPRM.
    Alaska also requested that we revise the Applicability section of 
the NPRM (75 FR 57885, September 23, 2010) to exclude airplanes which 
had FCC software installed per an AMOC to AD 2005-07-20, Amendment 39-
14045 (70 FR 17603, April 7, 2005). Alaska explained that this AMOC to 
AD 2005-07-20 approved the same FCC software specified in the NPRM, 
i.e., FCC software 2276-COL-AC1-05 or 2275-COL-AC1-06.
    We do not agree to revise the Applicability section of this 
supplemental NPRM to limit it to only airplanes with certain FCC 
software versions installed. The intent of this supplemental NPRM is to 
ensure that the proper software is installed on all airplanes listed in 
the variable number table in Section 1.A., Effectivity, of Boeing Alert 
Service Bulletin 737-22A1211, dated April 13, 2010. If the required 
software is found to already be installed by performing the software 
part number inspection specified in Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, then no more work is necessary. We have 
not changed the supplemental NPRM in this regard.
    However, we do agree to revise this supplemental NPRM to allow for 
installation of versions of the FCC software that are approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) after the issuance of Boeing Alert Service Bulletin 737-22A1211, 
dated April 13, 2010. We have revised paragraph (h)(1) of this 
supplemental NPRM accordingly. We have also clarified paragraph (h)(1) 
of this supplemental NPRM by referring to table 2 of that service 
bulletin for the improved software.
    We agree to revise the Applicability section (paragraph (c)) of 
this supplemental NPRM for clarity by referring to the airplanes 
identified in the variable number table in Section 1.A., Effectivity, 
of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010. We 
intend that this supplemental NPRM is applicable to all airplanes 
having variable numbers identified in that table, and that the 
applicability not be defined by the ``Group 1'' description in section 
1.A. of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010. We find that the effectivity by variable number in Boeing Alert 
Service Bulletin 737-22A1211, dated April 13, 2010, adequately 
identifies the airplanes affected by the unsafe condition and assures 
that the unsafe condition is corrected on affected airplanes. We have 
revised the Applicability section in this supplemental NPRM 
accordingly.

Request To Include a Terminating Action

    Continental requested that we revise the NPRM (75 FR 57885, 
September 23, 2010) to include a note that states: ``Validation by an 
operator that aircraft that have had part number (P/N) 831-5854-150 
software loaded into their P/N 822-1604-101 or -151 Flight Control 
Computers in accordance with Boeing Service Letter 737-SL-22-059

[[Page 31760]]

constitutes a terminating action for this AD.'' Continental reasoned 
that Boeing Service Letter 737-SL-22-059 was issued June 29, 2007, and 
that the letter advises operators that they can load software P/N 2275-
COL-AC1-06 (Diskette Set Collins P/N 831-5854-150) into P/N 822-1604-
101 and -151 FCCs. Continental explained that the software is listed in 
table 2 of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010.
    We disagree to include the note requested by the commenter. We 
intend that the applicability of the supplemental NPRM includes all 
airplanes identified in the variable number table in Section 1.A, 
Effectivity, of Boeing Alert Service Bulletin 737-22A1211, dated April 
13, 2010. Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010, requires that operators inspect the FCC OPS part numbers, and 
that if the software part number installed is listed in table 2 of that 
service bulletin (which includes P/N 831-5854-150, as the commenter 
stated), no more work is necessary. Compliance with the requirements of 
paragraph (h) of the supplemental NPRM is then complete. However, if 
the operator finds that a software part number listed in table 2 of 
that service bulletin is not installed, they must install new software. 
We have revised the AD applicability in paragraph (c) of this 
supplemental NPRM to more clearly define the affected airplanes. We 
have not otherwise changed the AD in this regard.

Request To Include Certain Airplanes

    Boeing requested that we revise the Summary section and the 
Applicability section of the NPRM (75 FR 57885, September 23, 2010) to 
include the phrase, ``airplanes delivered with the Collins Enhanced 
Digital Flight Control System (EDFCS).'' Boeing reasoned that the NPRM 
is only applicable to that portion of the Model 737-600, -700, -700C, -
800, and -900 series airplane fleet delivered with the Collins EDFCS 
installed at delivery.
    We agree to revise this supplemental NPRM to include the phrase 
requested by Boeing, although we will use the full company name of the 
equipment supplier (``Rockwell Collins''). This revision may make it 
easier for operators to quickly determine whether or not this AD is 
applicable to their airplanes. Since the effectivity of Boeing Alert 
Service Bulletin 737-22A1211, dated April 13, 2010, is limited to 
airplanes equipped with the Rockwell Collins EDFCS, this change will 
have no actual effect on the AD applicability. We have revised the 
Applicability section of the supplemental NPRM accordingly.

Request To Rephrase the Unsafe Condition

    Boeing requested that we revise the NPRM (75 FR 57885, September 
23, 2010) by removing the words ``and correct'' from the phrase 
``detect and correct''. Boeing explained that the software change 
described in Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010, does not ``correct'' erroneous radio altimeter outputs--it only 
``detects'' them and inhibits the autothrottle landing flare retard 
mode.
    We partially agree to revise the phrasing of the unsafe condition 
in the supplemental NPRM. The software change described in Boeing Alert 
Service Bulletin 737-22A1211, dated April 13, 2010, enables the 
airplane systems to detect erroneous output from a radio altimeter 
channel and correct improper autothrottle system response to that 
erroneous output. While we disagree to completely remove the phrase 
``and correct'' from the unsafe condition statement, we have revised 
the unsafe condition phrasing accordingly throughout the supplemental 
NPRM.

Request To Change Phrasing Regarding Crew Response

    Boeing requested that we revise the NPRM (75 FR 57885, September 
23, 2010) by adding the phrase, ``absent proper crew response,'' to the 
following sentence throughout the NPRM, as such: ``We are proposing 
this AD to detect erroneous output from a radio altimeter channel, 
which, absent proper crew response, could result in premature 
autothrottle landing flare retard and the loss of automatic speed 
control, and may lead to loss of control of the airplane.'' Boeing 
explained that this sentence should directly reflect the fact that 
proper crew response can avoid any of the listed contingencies.
    We disagree to revise this supplemental NPRM to include the phrase 
requested by Boeing. We do not have information at this time that 
confirms Boeing's comment. We have not changed the AD in this regard.

Request To Clarify the Applicability

    Alaska requested that we clarify the applicability of the NPRM (75 
FR 57885, September 23, 2010). Alaska explained that the effectivity 
section of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010, could be interpreted to mean that airplanes with FCC software 
2276-COL-AC1-05 or 2275-COL-AC1-06 installed did not require 
accomplishment of Boeing Alert Service Bulletin 737-22A1211, dated 
April 13, 2010, while the accomplishment section of Boeing Alert 
Service Bulletin 737-22A1211, dated April 13, 2010, could be 
interpreted to require that airplanes be inspected to verify that the 
correct software version is installed.
    We agree to clarify the applicability of this supplemental NPRM, 
which includes all airplanes identified in the airplane variable number 
table in Section 1.A of Boeing Alert Service Bulletin 737-22A1211, 
dated April 13, 2010. The applicability of this supplemental NPRM is 
not defined by the ``Group 1'' description in that section of that 
service bulletin. We have revised paragraph (c) of this supplemental 
NPRM for clarity by referring to the variable number table. We have 
also added Note 1 to paragraph (c) of this supplemental NPRM.

Request To Use the Latest Revision of the Service Information

    Alaska requested that we revise the NPRM (75 FR 57885, September 
23, 2010) to refer to the latest service information, if a later 
revision is issued. Alaska noted that ``computer'' is misspelled in the 
effectivity section of Boeing Alert Service Bulletin 737-22A1211, dated 
April 13, 2010.
    We acknowledge that ``computer'' is misspelled in the effectivity 
section of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010. However, this typo does not affect the applicability of this 
supplemental NPRM. Also, we have not received any revised service 
information; Boeing Alert Service Bulletin 737-22A1211, dated April 13, 
2010, is the latest service information. Therefore, we have not changed 
this supplemental NPRM in this regard.

Request To Correct Effectivity Between Service Information

    Continental requested that we acknowledge that the effectivity 
between the service information in AD 2005-07-20, Amendment 39-14045 
(70 FR 17603, April 7, 2005), and Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, is different.
    We agree that the effectivities of Boeing Alert Service Bulletin 
737-22A1164, dated May 20, 2004, and Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010; are different. (Boeing Alert Service 
Bulletin 737-22A1164, dated May 20, 2004, is the appropriate source of 
service information for AD 2005-07-20, Amendment 39-14045 (70 FR 17603, 
April 7, 2005). However, we have verified that all airplanes in the

[[Page 31761]]

effectivity of Boeing Alert Service Bulletin 737-22A1164, dated May 20, 
2004, are also listed in the effectivity of Boeing Alert Service 
Bulletin 737-22A1211, dated April 13, 2010. Boeing Alert Service 
Bulletin 737-22A1211, dated April 13, 2010, is applicable to a larger 
group of airplanes than Boeing Alert Service Bulletin 737-22A1164, 
dated May 20, 2004. Therefore, we have not changed the supplemental 
NPRM in this regard.

Special Flight Permit Paragraph

    We have removed paragraph (h) of the NPRM (75 FR 57885, September 
23, 2010) from this supplemental NPRM. Paragraph (h) of the NPRM 
prohibited special flight permits. We have determined that special 
flight permits are allowed, as described in Section 21.197 and Section 
21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199).

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs. Certain changes described above expand the scope of 
the original NPRM (75 FR 57885, September 23, 2010). As a result, we 
have determined that it is necessary to reopen the comment period to 
provide additional opportunity for the public to comment on this 
supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2005-07-20, 
Amendment 39-14045 (70 FR 17603, April 7, 2005). Since AD 2005-07-20 
was issued, the AD format has been revised, and certain paragraphs have 
been rearranged. As a result, the corresponding paragraph identifiers 
have changed in this proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
   Requirement in AD 2005-07-20,
  Amendment 39-14045 (70 FR 17603,    Corresponding requirement in this
           April 7, 2005)                        proposed AD
------------------------------------------------------------------------
          paragraph (f)                        paragraph (g)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 207 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
              Action                      Labor cost         Parts cost       Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Installation [retained actions      2 work-hours x $85                 $0  $170                          $35,190
 from existing AD 2005-07-20,        per hour = $170.
 Amendment 39-14045 (70 FR 17603,
 April 7, 2005].
Inspection........................  1 work-hour x $85 per             N/A  $85 per inspection             17,595
                                     hour = $85.                            cycle
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this installation:

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

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our 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.
    We are 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

    We 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

[[Page 31762]]

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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), and 
adding the following new AD.

The Boeing Company: Docket No. FAA-2010-0856; Directorate Identifier 
2010-NM-117-AD.

(a) Comments Due Date

    We must receive comments by July 16, 2012.

(b) Affected ADs

    This AD supersedes AD 2005-07-20, Amendment 39-14045 (70 FR 
17603, April 7, 2005).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, delivered with the Rockwell 
Collins Enhanced Digital Flight Control System (EDFCS), certificated 
in any category; as identified in the Variable Number table in 
Section 1.A., Effectivity, of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010.

    Note 1 to paragraph (c) of this AD:  This AD is applicable to 
all airplanes listed in the Variable Number table, and is not 
defined by the ``Group 1'' description in Section 1.A. of Boeing 
Alert Service Bulletin 737-22A1211, dated April 13, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by reports of undetected erroneous output 
from a single radio altimeter channel, which resulted in premature 
autothrottle retard during approach. We are issuing this AD to 
detect and correct an unsafe condition associated with erroneous 
output from a radio altimeter channel, which could result in 
premature autothrottle landing flare retard and the loss of 
automatic speed control, and consequent loss of control of the 
airplane.

(f) Compliance

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

(g) Retained Actions With No Changes

    This paragraph restates the actions required by paragraph (f) of 
AD 2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005). For 
airplanes identified in Boeing Alert Service Bulletin 737-22A1164, 
dated May 20, 2004: Within 12 months after May 12, 2005 (the 
effective date of AD 2005-07-20, Amendment 39-14045 (70 FR 17603, 
April 7, 2005)), install and test an updated version of the 
operational program software (OPS) of the EDFCS flight control 
computers (FCCs), in accordance with Boeing Alert Service Bulletin 
737-22A1164, dated May 20, 2004.

(h) New Requirements

    Within 3 months after the effective date of this AD: Inspect to 
determine the part number of the OPS of the FCCs, in accordance with 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-22A1211, dated April 13, 2010. Installing software as required 
by paragraph (h)(1) of this AD, or verifying that the software is 
installed as specified by paragraph (h)(2) of this AD, terminates 
the requirements of paragraph (g) of this AD.
    (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, install 
software specified in table 2 of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, or install software that is approved 
by the Boeing Commercial Airplanes Organization Designation 
Authorization (ODA) after April 13, 2010, that is fully 
interchangeable with the software specified in table 2 of Boeing 
Alert Service Bulletin 737-22A1211, dated April 13, 2010. Do the 
installation 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: No further action is required by 
this paragraph.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, send it to the 
attention of the person identified in the Related Information 
section 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) AMOCs approved previously in accordance with AD 2005-07-20, 
Amendment 39-14045 (70 FR 17603, April 7, 2005), are approved as 
AMOCs for the corresponding provisions of this AD.

(j) Related Information

    (1) For more information about this AD, contact Gregg Nesemeier, 
Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S, 
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue 
SW., Renton, Washington 98057-3356; phone: (425) 917-6479; fax: 
(425) 917-6590; email: gregg.nesemeier@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; email 
me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on May 21, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13028 Filed 5-29-12; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.