Airworthiness Directives; The Boeing Company Airplanes, 27786-27799 [2023-09434]
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27786
(m) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF TRANSPORTATION
(1) The Manager, Operational Safety
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the Operational Safety
Branch, send it to the attention of the person
identified in paragraph (n) of this AD.
Information may be emailed to: AMOC@
faa.gov.
(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) AMOCs approved for AD 2021–23–12,
Amendment 39–21810 (86 FR 69984,
December 9, 2021) providing relief for
specific radio altimeter installations are
approved as AMOCs for the requirements
specified in paragraph (h) of this AD until
June 30, 2023.
Federal Aviation Administration
(n) Related Information
For more information about this AD,
contact Brett Portwood, Continued
Operational Safety Technical Advisor, COS
Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 817–222–5390; email:
operationalsafety@faa.gov.
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(o) Material Incorporated by Reference
None.
Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–09431 Filed 5–1–23; 4:15 pm]
BILLING CODE 4910–13–C
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14 CFR Part 39
[Docket No. FAA–2023–0671; Project
Identifier AD–2022–01428–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2022–03–20, which applies to all The
Boeing Company Model 737–8, 737–9,
and 737–8200 airplanes. AD 2022–03–
20 requires revising the limitations and
operating procedures sections of the
existing airplane flight manual (AFM) to
incorporate limitations prohibiting the
use of certain minimum equipment list
(MEL) items, and to incorporate
operating procedures for calculating
takeoff and landing distances, when in
the presence of 5G C-Band interference
as identified by Notices to Air Missions
(NOTAMs). Since the FAA issued AD
2022–03–20, the FAA determined that
additional limitations are needed due to
the continued deployment of new 5G CBand base stations whose signals are
expected to cover most of the
contiguous United States at
transmission frequencies between 3.7–
3.98 GHz. This proposed AD would
require revising the limitations section
of the existing AFM to incorporate
SUMMARY:
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limitations prohibiting the use of certain
MEL items, and would retain the
operating procedures from AD 2022–03–
20 for calculating takeoff and landing
distances, due to the presence of 5G CBand interference. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by May 23, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0671; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, any comments
received, and other information. The
street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT:
Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program
Management Section, Operational
Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
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phone: 817–222–5390; email:
operationalsafety@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–0671; Project Identifier AD–
2022–01428–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this proposed AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Brett Portwood,
Continued Operational Safety Technical
Advisor, COS Program Management
Section, Operational Safety Branch,
FAA, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone:
817–222–5390; email:
operationalsafety@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2021–23–12,
Amendment 39–21810 (86 FR 69984,
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December 9, 2021) (AD 2021–23–12), for
all transport and commuter category
airplanes equipped with a radio
altimeter. AD 2021–23–12 was
prompted by a determination that radio
altimeters cannot be relied upon to
perform their intended function if they
experience interference from wireless
broadband operations in the 3.7–3.98
GHz frequency band (5G C-Band). AD
2021–23–12 requires revising the
limitations section of the existing AFM
to incorporate limitations prohibiting
certain operations requiring radio
altimeter data when in the presence of
5G C-Band interference as identified by
NOTAMs. The agency issued AD 2021–
23–12 because radio altimeter anomalies
that are undetected by the automation or
pilot, particularly close to the ground
(e.g., landing flare), could lead to loss of
continued safe flight and landing.
The FAA subsequently identified an
additional hazard presented by 5G CBand interference on The Boeing
Company Model 737–8, 737–9, and
737–8200 airplanes and issued AD
2022–03–20, Amendment 39–21937 (87
FR 4787, January 31, 2022) (AD 2022–
03–20). AD 2022–03–20 was prompted
by a determination that as a result of 5G
C-Band interference, certain airplane
systems may not properly function,
resulting in longer than normal landing
or rejected takeoff distances, due to the
effect on thrust reverser deployment,
spoilers, speedbrake deployment, and
increased idle thrust, regardless of the
approach type or weather. AD 2022–03–
20 requires revising the limitations and
operating procedures sections of the
existing AFM to incorporate limitations
prohibiting the use of certain MEL
items, and to incorporate operating
procedures for calculating takeoff and
landing distances, when in the presence
of 5G C-Band interference as identified
by NOTAMs. The agency issued AD
2022–03–20 to address degraded
deceleration performance, which could
lead to a runway excursion.
Actions Since AD 2022–03–20 Was
Issued
Since issuing AD 2022–03–20, the
FAA determined that additional
limitations are needed due to the
continued deployment of new 5G CBand base stations whose signals are
expected to cover most of the
contiguous United States at
transmission frequencies between 3.7–
3.98 GHz. Therefore, the FAA issued an
NPRM, Docket No. FAA–2022–1647 (88
FR 1520, January 11, 2023) (the NPRM),
proposing to supersede AD 2021–23–12.
In the NPRM, the FAA proposed to
retain most of the operational
prohibitions required by AD 2021–23–
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27787
12 until June 30, 2023; on or before June
30, 2023, operators would be required to
revise their existing AFM to prohibit
these operations unless the airplane has
a radio altimeter meeting proposed
minimum performance levels (a defined
power spectral density (PSD) curve as
well as a defined aggregate spurious
emission level) and is operating at a 5G
C-Band mitigated airport (5G CMA). In
the NPRM, the FAA also proposed to
require all airplanes operating under 14
CFR part 121 to have a radio altimeter
meeting the proposed minimum
performance standards by February 1,
2024.
Since the NPRM was published, the
FAA has determined that a PSD curve
is a more appropriate method to define
performance than a single fixed
emission level. The proposed PSD curve
more accurately reflects differences in
radio altimeter susceptibility to
interfering emissions at different
altitude levels. The FAA plans to issue
guidance on how to show compliance
with both the fundamental PSD curve
and spurious PSD curve, including the
data to be submitted, for the FAA to
approve the method used.
AD 2022–03–20 relies on the FAA’s
use of NOTAMs to identify 5G C-band
interference at certain airports in the
U.S. airspace. As explained in more
detail in the NPRM, those NOTAMs are
no longer the best means of
communicating the location of the 5G CBand environment. Therefore, this
proposed AD would retain the AFM
limitations required by AD 2022–03–20
until June 30, 2023. On or before June
30, 2023, this proposed AD would
require operators to replace the
limitations with limitations prohibiting
the same operations, except the
prohibitions would not be tied to
NOTAMs but instead would depend on
whether the airplane is operated at a 5G
CMA as identified by an FAA Domestic
Notice. Because the 5G C-Band
Interference operating procedure
required by AD 2022–03–20 does not
reference NOTAMs, this proposed AD
would retain that operating procedure
requirement with no change.
FAA’s Determination
The FAA is issuing this NPRM after
determining that the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed AD Requirements in This
NPRM
This proposed AD would retain the
requirements of AD 2022–03–20 until
June 30, 2023. On or before June 30,
2023, this proposed AD would require
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replacing those AFM limitations with
limitations prohibiting the same
dispatching or releasing to airports, and
takeoff or landings on runways, and use
of certain MEL items at all airports for
non-radio altimeter tolerant airplanes.
For radio altimeter tolerant airplanes,
the prohibited operations would be
allowed at 5G CMAs as identified in an
FAA Domestic Notice. The minimum
performance levels in this proposed AD
for determining whether an airplane is
radio altimeter tolerant are the same
minimum performance levels proposed
in the NPRM, except the FAA has
replaced the proposed fixed emission
level with a proposed PSD curve
emission threshold that more accurately
reflects differences in radio altimeter
susceptibility to interfering emissions at
different altitude levels.
Paragraph (k)(3) of this proposed AD
specifies that AMOCs approved for AD
2021–23–12 providing relief for specific
radio altimeter installations are
approved as AMOCs for the
requirements specified in paragraph (h)
of this proposed AD until June 30, 2023.
After June 30, 2023 operators with
AMOCs approved for AD 2021–23–12
would be required to incorporate the 5G
C-Band Interference operating
procedure specified in paragraph (h)(2)
of this proposed AD. The new AFM
limitations, which would be required by
paragraph (i) or (j) of this proposed AD,
specify that operators must comply with
this 5G C-Band Interference operating
procedure.
Interim Action
The FAA considers that this AD, if
adopted as proposed, would be an
interim action. Once the Technical
Standard Order (TSO) standard for radio
altimeters is established, which will
follow the existing international
technical consensus on the
establishment of the minimum
operational performance standards
(MOPS), the FAA anticipates that the
MOPS will be incorporated into the
TSO. The FAA also anticipates that
aircraft incorporating equipment
approved under the new Radio
Altimeter TSO will be able to operate in
both 5G CMAs and non-5G CMAs with
no 5G C-Band-related AFM limitations.
Once a new radio altimeter TSO is
developed, approved, and available, the
FAA might consider additional
rulemaking.
Costs of Compliance
The cost information below describes
the costs to change the AFM. Although
this proposed AD would largely
maintain the AFM limitations currently
required by AD 2022–03–20, the FAA
acknowledges that this proposed AD
may also impose costs on some aircraft
operators from having to change their
conduct to comply with the amended
AFM. However, the FAA lacks the data
necessary to quantify the costs
associated with aircraft operators
changing their conduct. The FAA is
seeking public comment on these costs
so the agency can more fully account for
the impact of this regulatory action.
The FAA estimates that this AD, if
adopted as proposed, would affect 276
airplanes of U.S. registry.1 The FAA
estimates the following costs to comply
with this proposed AD:
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ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
AFM revision (retained actions from AD
2022–03–20).
New AFM revisions (new proposed action) ....
1 work-hour 2 × $85 per hour = $85 ..............
$0
$85
$23,460
1 work-hour × $85 per hour = $85 .................
0
85
3 23,460
Authority for This Rulemaking
Regulatory Findings
List of Subjects in 14 CFR Part 39
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.
The FAA has determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
1 This is the number of Boeing Model 737–8, 737–
9, and 737–8200 airplanes on the FAA’s registry as
of December 1, 2022.
2 The labor rate of $85 per hour is the average
wage rate for an aviation mechanic.
3 The estimated cost for this revision would not
constitute a significant economic impact (even for
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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:
a. Removing Airworthiness Directive
(AD) 2022–03–20, Amendment 39–
21937 (87 FR 4787, January 31, 2022),
and
■ b. Adding the following new AD:
■
■
small entities) because $85 is a minimal cost
compared to the regular costs of maintaining and
operating a Model 737–8, 737–9, or 737–8200
transport category airplane.
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(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by May 23,
2023.
(b) Affected ADs
This AD replaces AD 2022–03–20,
Amendment 39–21937 (87 FR 4787, January
31, 2022) (AD 2022–03–20).
(c) Applicability
This AD applies to all The Boeing
Company 737–8, 737–9, and 737–8200
airplanes, certificated in any category.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
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(ii) Tolerance to radio altimeter
interference, for the spurious emissions (4.2–
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(e) Unsafe Condition
This AD was prompted by a determination
that radio altimeters cannot be relied upon to
perform their intended function if they
experience interference from wireless
broadband operations in the 3.7–3.98 GHz
frequency band (5G C-Band), and a
determination that, during takeoffs and
landings, as a result of this interference,
certain airplane systems may not properly
function, resulting in longer than normal
landing or rejected takeoff distances due to
the effect on thrust reverser deployment,
spoilers, speedbrake deployment, and
increased idle thrust, regardless of the
approach type or weather. The FAA is
issuing this AD to address degraded
deceleration performance, which could lead
to a runway excursion.
4.4 GHz), at or above the PSD curve threshold
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(g) Definitions
(1) For purposes of this AD, a ‘‘5G C-Band
mitigated airport’’ (5G CMA) is an airport at
which the telecommunications companies
have agreed to voluntarily limit their 5G
deployment at the request of the FAA, as
identified by an FAA Domestic Notice.
(2) For purposes of this AD, a ‘‘radio
altimeter tolerant airplane’’ is one for which
the radio altimeter, as installed, demonstrates
the tolerances specified in paragraphs
(g)(2)(i) and (ii) of this AD, using a method
approved by the FAA.
(i) Tolerance to radio altimeter
interference, for the fundamental emissions
(3.7–3.98 GHz), at or above the power
spectral density (PSD) curve threshold
specified in figure 1 to paragraph (g)(2)(i) of
this AD.
Figure 1 to paragraph (g)(2)(i)—Fundamental
Effective Isotropic PSD at Outside Interface
of Aircraft Antenna
specified in figure 2 to paragraph (g)(2)(ii) of
this AD.
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2022–01428–T.
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Figure 2 to paragraph (g)(2)(ii)—Spurious
Effective Isotropic PSD at Outside Interface
of Aircraft Antenna
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demonstrate the tolerances specified in
paragraphs (g)(2)(i) and (ii) of this AD.
(4) Runway condition codes are defined in
figure 3 to paragraph (g)(4) of this AD.
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Figure 3 to paragraph (g)(4)—Runway
Condition Codes
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(3) For purposes of this AD, a ‘‘non-radio
altimeter tolerant airplane’’ is one for which
the radio altimeter, as installed, does not
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This paragraph restates the requirements of
paragraph (h) of AD 2022–03–20.
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(1) Within 2 days after January 31, 2022
(the effective date of AD 2022–03–20): Revise
the Limitations Section of the existing AFM
to include the information specified in figure
4 to paragraph (h)(1) of this AD. This may be
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done by inserting a copy of figure 4 to
paragraph (h)(1) of this AD into the existing
AFM.
Figure 4 to paragraph (h)(1)—AFM
Limitations Revisions
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(h) Retained Airplane Flight Manual (AFM)
Revision
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(2) Within 2 days after January 31, 2022
(the effective date of AD 2022–03–20): Revise
the Operating Procedures Section of the
existing AFM to include the information
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specified in figure 5 to paragraph (h)(2) of
this AD. This may be done by inserting a
copy of figure 5 to paragraph (h)(2) of this AD
into the existing AFM.
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Figure 5 to paragraph (h)(2)—AFM Operating
Procedures Revision
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For non-radio altimeter tolerant airplanes,
do the actions specified in paragraphs (i)(1)
and (2) of this AD.
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(1) On or before June 30, 2023, revise the
Limitations Section of the existing AFM to
include the information specified in figure 6
to paragraph (i) of this AD. This may be done
by inserting a copy of figure 6 to paragraph
(i) of this AD into the existing AFM.
Incorporating the AFM revision required by
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this paragraph terminates the AFM revision
required by paragraph (h)(1) of this AD.
(2) Before further flight after incorporating
the limitations specified in figure 6 to
paragraph (i) of this AD, remove the AFM
revision required by paragraph (h)(1) of this
AD.
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(i) New Requirement: AFM Revision for
Non-Radio Altimeter Tolerant Airplanes
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Figure 6 to paragraph (i)—AFM Revision for
Non-Radio Altimeter Tolerant Airplanes
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include the information specified in figure 7
to paragraph (j) of this AD. This may be done
by inserting a copy of figure 7 to paragraph
(j) of this AD into the existing AFM.
Incorporating the AFM revision required by
this paragraph terminates the AFM revision
required by paragraph (h)(1) of this AD.
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(2) Before further flight after incorporating
the limitations specified in figure 7 to
paragraph (j) of this AD, remove the AFM
revision required by paragraph (h)(1) of this
AD.
Figure 7 to paragraph (j)—AFM Revision for
Radio Altimeter Tolerant Airplanes
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(j) New Requirement: AFM Revision for
Radio Altimeter Tolerant Airplanes
For radio altimeter tolerant airplanes, do
the actions specified in paragraphs (j)(1) and
(2) of this AD.
(1) On or before June 30, 2023, revise the
Limitations Section of the existing AFM to
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Operational Safety
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the Operational Safety
Branch, send it to the attention of the person
identified in paragraph (m) of this AD.
Information may be emailed to: AMOC@
faa.gov.
(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) AMOCs approved for AD 2021–23–12,
Amendment 39–21810 (86 FR 69984,
December 9, 2021) providing relief for
specific radio altimeter installations are
approved as AMOCs for the requirements
specified in paragraph (h) of this AD until
June 30, 2023.
lotter on DSK11XQN23PROD with PROPOSALS1
(l) Related Information
(m) Material Incorporated by Reference
None.
18:28 May 02, 2023
[FR Doc. 2023–09434 Filed 5–1–23; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0670; Project
Identifier AD–2022–01427–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2022–03–05, which applies to all The
Boeing Company Model 747–8F and
747–8 series airplanes and Model 777
airplanes. AD 2022–03–05 requires
revising the limitations section of the
existing airplane flight manual (AFM) to
incorporate limitations prohibiting
dispatching or releasing to airports, and
approaches or landings on runways,
SUMMARY:
For more information about this AD,
contact Brett Portwood, Continued
Operational Safety Technical Advisor, COS
Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 817–222–5390; email:
operationalsafety@faa.gov.
VerDate Sep<11>2014
Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Jkt 259001
PO 00000
Frm 00088
Fmt 4702
Sfmt 4702
27799
when in the presence of 5G C-Band
interference as identified by Notices to
Air Missions (NOTAMs). Since the FAA
issued AD 2022–03–05, the FAA
determined that additional limitations
are needed due to the continued
deployment of new 5G C-Band base
stations whose signals are expected to
cover most of the contiguous United
States at transmission frequencies
between 3.7–3.98 GHz. This proposed
AD would require revising the
limitations section of the existing AFM
to incorporate limitations prohibiting
dispatching or releasing to airports, and
approaches or landings on runways, due
to the presence of 5G C-Band
interference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by May 23, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
E:\FR\FM\03MYP1.SGM
03MYP1
EP03MY23.108</GPH>
Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Proposed Rules
]]>Agencies
[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27786-27799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09434]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0671; Project Identifier AD-2022-01428-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-03-20, which applies to all The Boeing Company Model 737-8, 737-9,
and 737-8200 airplanes. AD 2022-03-20 requires revising the limitations
and operating procedures sections of the existing airplane flight
manual (AFM) to incorporate limitations prohibiting the use of certain
minimum equipment list (MEL) items, and to incorporate operating
procedures for calculating takeoff and landing distances, when in the
presence of 5G C-Band interference as identified by Notices to Air
Missions (NOTAMs). Since the FAA issued AD 2022-03-20, the FAA
determined that additional limitations are needed due to the continued
deployment of new 5G C-Band base stations whose signals are expected to
cover most of the contiguous United States at transmission frequencies
between 3.7-3.98 GHz. This proposed AD would require revising the
limitations section of the existing AFM to incorporate limitations
prohibiting the use of certain MEL items, and would retain the
operating procedures from AD 2022-03-20 for calculating takeoff and
landing distances, due to the presence of 5G C-Band interference. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by May 23,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0671; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
[[Page 27787]]
phone: 817-222-5390; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0671; Project Identifier
AD-2022-01428-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), for all transport and commuter
category airplanes equipped with a radio altimeter. AD 2021-23-12 was
prompted by a determination that radio altimeters cannot be relied upon
to perform their intended function if they experience interference from
wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-
Band). AD 2021-23-12 requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting certain operations
requiring radio altimeter data when in the presence of 5G C-Band
interference as identified by NOTAMs. The agency issued AD 2021-23-12
because radio altimeter anomalies that are undetected by the automation
or pilot, particularly close to the ground (e.g., landing flare), could
lead to loss of continued safe flight and landing.
The FAA subsequently identified an additional hazard presented by
5G C-Band interference on The Boeing Company Model 737-8, 737-9, and
737-8200 airplanes and issued AD 2022-03-20, Amendment 39-21937 (87 FR
4787, January 31, 2022) (AD 2022-03-20). AD 2022-03-20 was prompted by
a determination that as a result of 5G C-Band interference, certain
airplane systems may not properly function, resulting in longer than
normal landing or rejected takeoff distances, due to the effect on
thrust reverser deployment, spoilers, speedbrake deployment, and
increased idle thrust, regardless of the approach type or weather. AD
2022-03-20 requires revising the limitations and operating procedures
sections of the existing AFM to incorporate limitations prohibiting the
use of certain MEL items, and to incorporate operating procedures for
calculating takeoff and landing distances, when in the presence of 5G
C-Band interference as identified by NOTAMs. The agency issued AD 2022-
03-20 to address degraded deceleration performance, which could lead to
a runway excursion.
Actions Since AD 2022-03-20 Was Issued
Since issuing AD 2022-03-20, the FAA determined that additional
limitations are needed due to the continued deployment of new 5G C-Band
base stations whose signals are expected to cover most of the
contiguous United States at transmission frequencies between 3.7-3.98
GHz. Therefore, the FAA issued an NPRM, Docket No. FAA-2022-1647 (88 FR
1520, January 11, 2023) (the NPRM), proposing to supersede AD 2021-23-
12. In the NPRM, the FAA proposed to retain most of the operational
prohibitions required by AD 2021-23-12 until June 30, 2023; on or
before June 30, 2023, operators would be required to revise their
existing AFM to prohibit these operations unless the airplane has a
radio altimeter meeting proposed minimum performance levels (a defined
power spectral density (PSD) curve as well as a defined aggregate
spurious emission level) and is operating at a 5G C-Band mitigated
airport (5G CMA). In the NPRM, the FAA also proposed to require all
airplanes operating under 14 CFR part 121 to have a radio altimeter
meeting the proposed minimum performance standards by February 1, 2024.
Since the NPRM was published, the FAA has determined that a PSD
curve is a more appropriate method to define performance than a single
fixed emission level. The proposed PSD curve more accurately reflects
differences in radio altimeter susceptibility to interfering emissions
at different altitude levels. The FAA plans to issue guidance on how to
show compliance with both the fundamental PSD curve and spurious PSD
curve, including the data to be submitted, for the FAA to approve the
method used.
AD 2022-03-20 relies on the FAA's use of NOTAMs to identify 5G C-
band interference at certain airports in the U.S. airspace. As
explained in more detail in the NPRM, those NOTAMs are no longer the
best means of communicating the location of the 5G C-Band environment.
Therefore, this proposed AD would retain the AFM limitations required
by AD 2022-03-20 until June 30, 2023. On or before June 30, 2023, this
proposed AD would require operators to replace the limitations with
limitations prohibiting the same operations, except the prohibitions
would not be tied to NOTAMs but instead would depend on whether the
airplane is operated at a 5G CMA as identified by an FAA Domestic
Notice. Because the 5G C-Band Interference operating procedure required
by AD 2022-03-20 does not reference NOTAMs, this proposed AD would
retain that operating procedure requirement with no change.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain the requirements of AD 2022-03-20
until June 30, 2023. On or before June 30, 2023, this proposed AD would
require
[[Page 27788]]
replacing those AFM limitations with limitations prohibiting the same
dispatching or releasing to airports, and takeoff or landings on
runways, and use of certain MEL items at all airports for non-radio
altimeter tolerant airplanes. For radio altimeter tolerant airplanes,
the prohibited operations would be allowed at 5G CMAs as identified in
an FAA Domestic Notice. The minimum performance levels in this proposed
AD for determining whether an airplane is radio altimeter tolerant are
the same minimum performance levels proposed in the NPRM, except the
FAA has replaced the proposed fixed emission level with a proposed PSD
curve emission threshold that more accurately reflects differences in
radio altimeter susceptibility to interfering emissions at different
altitude levels.
Paragraph (k)(3) of this proposed AD specifies that AMOCs approved
for AD 2021-23-12 providing relief for specific radio altimeter
installations are approved as AMOCs for the requirements specified in
paragraph (h) of this proposed AD until June 30, 2023. After June 30,
2023 operators with AMOCs approved for AD 2021-23-12 would be required
to incorporate the 5G C-Band Interference operating procedure specified
in paragraph (h)(2) of this proposed AD. The new AFM limitations, which
would be required by paragraph (i) or (j) of this proposed AD, specify
that operators must comply with this 5G C-Band Interference operating
procedure.
Interim Action
The FAA considers that this AD, if adopted as proposed, would be an
interim action. Once the Technical Standard Order (TSO) standard for
radio altimeters is established, which will follow the existing
international technical consensus on the establishment of the minimum
operational performance standards (MOPS), the FAA anticipates that the
MOPS will be incorporated into the TSO. The FAA also anticipates that
aircraft incorporating equipment approved under the new Radio Altimeter
TSO will be able to operate in both 5G CMAs and non-5G CMAs with no 5G
C-Band-related AFM limitations. Once a new radio altimeter TSO is
developed, approved, and available, the FAA might consider additional
rulemaking.
Costs of Compliance
The cost information below describes the costs to change the AFM.
Although this proposed AD would largely maintain the AFM limitations
currently required by AD 2022-03-20, the FAA acknowledges that this
proposed AD may also impose costs on some aircraft operators from
having to change their conduct to comply with the amended AFM. However,
the FAA lacks the data necessary to quantify the costs associated with
aircraft operators changing their conduct. The FAA is seeking public
comment on these costs so the agency can more fully account for the
impact of this regulatory action.
The FAA estimates that this AD, if adopted as proposed, would
affect 276 airplanes of U.S. registry.\1\ The FAA estimates the
following costs to comply with this proposed AD:
---------------------------------------------------------------------------
\1\ This is the number of Boeing Model 737-8, 737-9, and 737-
8200 airplanes on the FAA's registry as of December 1, 2022.
\2\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
\3\ The estimated cost for this revision would not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a Model 737-8, 737-9, or 737-8200 transport category
airplane.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
AFM revision (retained actions from 1 work-hour \2\ x $85 $0 $85 $23,460
AD 2022-03-20). per hour = $85.
New AFM revisions (new proposed 1 work-hour x $85 per 0 85 \3\ 23,460
action). hour = $85.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-03-20, Amendment 39-21937
(87 FR 4787, January 31, 2022), and
0
b. Adding the following new AD:
[[Page 27789]]
The Boeing Company Airplanes: Docket No. FAA-2023-0671; Project
Identifier AD-2022-01428-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2023.
(b) Affected ADs
This AD replaces AD 2022-03-20, Amendment 39-21937 (87 FR 4787,
January 31, 2022) (AD 2022-03-20).
(c) Applicability
This AD applies to all The Boeing Company 737-8, 737-9, and 737-
8200 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that,
during takeoffs and landings, as a result of this interference,
certain airplane systems may not properly function, resulting in
longer than normal landing or rejected takeoff distances due to the
effect on thrust reverser deployment, spoilers, speedbrake
deployment, and increased idle thrust, regardless of the approach
type or weather. The FAA is issuing this AD to address degraded
deceleration performance, which could lead to a runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
(1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
(2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
(i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TP03MY23.097
(ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.
[[Page 27790]]
Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TP03MY23.098
(3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
(4) Runway condition codes are defined in figure 3 to paragraph
(g)(4) of this AD.
Figure 3 to paragraph (g)(4)--Runway Condition Codes
[[Page 27791]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.099
(h) Retained Airplane Flight Manual (AFM) Revision
This paragraph restates the requirements of paragraph (h) of AD
2022-03-20.
(1) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Limitations Section of the existing AFM
to include the information specified in figure 4 to paragraph (h)(1)
of this AD. This may be done by inserting a copy of figure 4 to
paragraph (h)(1) of this AD into the existing AFM.
Figure 4 to paragraph (h)(1)--AFM Limitations Revisions
[GRAPHIC] [TIFF OMITTED] TP03MY23.100
[[Page 27792]]
(2) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Operating Procedures Section of the
existing AFM to include the information specified in figure 5 to
paragraph (h)(2) of this AD. This may be done by inserting a copy of
figure 5 to paragraph (h)(2) of this AD into the existing AFM.
Figure 5 to paragraph (h)(2)--AFM Operating Procedures Revision
[GRAPHIC] [TIFF OMITTED] TP03MY23.101
[[Page 27793]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.102
[[Page 27794]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.103
[[Page 27795]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.104
[[Page 27796]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.105
[[Page 27797]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.106
(i) New Requirement: AFM Revision for Non-Radio Altimeter Tolerant
Airplanes
For non-radio altimeter tolerant airplanes, do the actions
specified in paragraphs (i)(1) and (2) of this AD.
(1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 6
to paragraph (i) of this AD. This may be done by inserting a copy of
figure 6 to paragraph (i) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
(2) Before further flight after incorporating the limitations
specified in figure 6 to paragraph (i) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.
[[Page 27798]]
Figure 6 to paragraph (i)--AFM Revision for Non-Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TP03MY23.107
(j) New Requirement: AFM Revision for Radio Altimeter Tolerant
Airplanes
For radio altimeter tolerant airplanes, do the actions specified
in paragraphs (j)(1) and (2) of this AD.
(1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 7
to paragraph (j) of this AD. This may be done by inserting a copy of
figure 7 to paragraph (j) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
(2) Before further flight after incorporating the limitations
specified in figure 7 to paragraph (j) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.
Figure 7 to paragraph (j)--AFM Revision for Radio Altimeter Tolerant
Airplanes
[[Page 27799]]
[GRAPHIC] [TIFF OMITTED] TP03MY23.108
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the Operational Safety Branch, send it to the
attention of the person identified in paragraph (m) 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) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the requirements
specified in paragraph (h) of this AD until June 30, 2023.
(l) Related Information
For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
[email protected].
(m) Material Incorporated by Reference
None.
Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-09434 Filed 5-1-23; 4:15 pm]
BILLING CODE 4910-13-P
