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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1497; Project Identifier AD-2023-00516-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-25-17, which applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2019-25-17
requires revising the existing airplane flight manual (AFM) to prohibit
selection of certain runways for airplanes equipped with certain
software. Since the FAA issued AD 2019-25-17, Boeing has developed new
software to address the unsafe condition. This proposed AD would retain
the requirements of AD 2019-25-17. This proposed AD would also require
installing the new software and performing a software configuration
check, which would terminate the AFM revision. 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 September
18, 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-2023-1497; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; website myboeingfleet.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-1497.
FOR FURTHER INFORMATION CONTACT: Douglas Y. Tsuji, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3548; email: Douglas.Tsuji@faa.gov.
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-2023-1497; Project Identifier
AD-2023-00516-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
Douglas Y. Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; phone: 206-231-3548; email:
Douglas.Tsuji@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 2019-25-17, Amendment 39-21016 (84 FR 71304,
December 27, 2019) (AD 2019-25-17), for all the Boeing Company Model
737-600, -700, -700C, -800, -900, and -900ER (Model 737 NG) series
airplanes (although the scope of the AD requirements is limited to
operation at specific runways in the U.S., Colombia, and Guyana). AD
2019-25-17 was prompted by reports of Display Units (DU) blanking due
to Display Electronics Unit (DEU) software errors on Model 737 NG
airplanes flying into runway PABR in Barrow, Alaska. The investigation
revealed that the problem occurs when a certain combination of software
is installed and a susceptible runway with a 270-degree true heading is
selected for instrument approach, although only seven runways worldwide
have latitude and longitude values that cause the blanking behavior. AD
2019-25-17 requires revising the
existing AFM to prohibit selection of certain runways for airplanes
equipped with certain software. AD 2019-25-17 was issued to address
unscheduled diversions and Boeing Business Jet flights into the
affected airports. The software errors and consequent display blanking,
if not addressed, could prevent continued safe flight and landing.
Actions Since AD 2019-25-17 Was Issued
The preamble to AD 2019-25-17 specifies that the FAA considers the
requirements "interim action" and that the manufacturer is developing
a software update to address the unsafe condition. That AD explains
that the FAA might consider further rulemaking if a software update is
developed, approved, and available. Boeing has developed new software
common display system (CDS) DEU operational program software (OPS)
block point 2015A, which corrects the DU blanking issue. The FAA has
determined that further rulemaking is indeed necessary; this proposed
AD follows from that determination.
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.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-31A1880 RB,
Revision 1, dated September 16, 2020. This service information
specifies procedures for installing the CDS DEU OPS block point 2015A
and performing a software configuration check. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.
Proposed AD Requirements in This NPRM
This proposed AD would retain all of the requirements of AD 2019-
25-17. This proposed AD would also require accomplishing the actions in
the Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-31A1880 RB, Revision 1, dated September 16, 2020, already
described, except for any differences identified as exceptions in the
regulatory text of this proposed AD, and except as specified under
"Difference Between Service Information and Proposed AD."
Accomplishment of the new actions specified in this proposed AD would
terminate the AFM revision required by AD 2019-25-17. For information
on the procedures and compliance times, see this service information at
regulations.gov under Docket No. FAA-2023-1497.
Difference Between Service Information and Proposed AD
The effectivity of Boeing Alert Requirements Bulletin 737-31A1880
RB, Revision 1, dated September 16, 2020, is limited to Model 737 NG
airplanes having certain line numbers. This AD, however, applies to all
of these airplanes to ensure that the unsafe condition is addressed on
all airplanes subject to the unsafe condition. For airplanes on which
the latest software was installed in production, paragraph (j) of this
proposed AD would provide for terminating action for the AFM revision
requirements of paragraph (g) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,739 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs
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ACTION
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LABOR COST
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PARTS COST
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COST PER PRODUCT
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COST ON U.S. OPERATORS
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| Revise AFM (retained action from AD 2019-25-17). |
1 work-hour x $85 per hour = $85. |
$0
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$85
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$147,815.
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| Install software and perform configuration check (new proposed actions). |
2 work-hours x $85 per hour = $170. |
Up to $975
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Up to $1,145
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Up to $1,991,155.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
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
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:
a. Removing Airworthiness Directive (AD) 2019-25-17, Amendment 39-21016
(84 FR 71304, December 27, 2019), and
b. Adding the following new AD:
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