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[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Proposed Rules]               
[Page 57885-57886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se10-17]                         

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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 Model 737-600, -700, 
-700C, -800, and -900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 737-600, -700, -700C, -800, and -900 series airplanes. 
This proposed AD would require inspecting for part numbers of the 
operational program software of the flight control computers, and doing 
corrective actions if necessary. This proposed AD results from reports 
of erroneous undetected output from a single radio altimeter channel, 
which resulted in premature autothrottle retard during approach. We are 
proposing this AD to detect and correct 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.

DATES: We must receive comments on this proposed AD by November 8, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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; e-mail 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 http://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 (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Richard Reed, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6431; fax (425) 917-6590.

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 http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of a number of instances in service, of 
erroneous undetected output from a single radio altimeter channel, 
which resulted in premature autothrottle retard during approach. This 
condition can lead to premature autothrottle landing flare retard and 
the loss of automatic speed control, and consequent loss of control of 
the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-22A1211, dated 
April 13, 2010, which describes procedures for inspecting to determine 
the operational program software part numbers of the flight control 
computers, and installing new software if necessary.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs. This proposed AD would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 207 airplanes of 
U.S. registry. We also estimate that it would take about 1 work-hour 
per product to comply with the inspection of this proposed AD. The 
average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of the inspection of this proposed AD to the U.S. 
operators to be $17,595, or $85 per product.

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

[[Page 57886]]

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), and
    3. 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 adding the following new AD:

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

Comments Due Date

    (a) We must receive comments by November 8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category; 
as identified in Boeing Alert Service Bulletin 737-22A1211, dated 
April 13, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto 
Flight.

Unsafe Condition

    (e) This AD results from reports of erroneous undetected output 
from a single radio altimeter channel, which resulted in premature 
autothrottle retard during approach. The Federal Aviation 
Administration is issuing this AD to detect and correct 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.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection for Parts

    (g) Within 3 months after the effective date of this AD, inspect 
to determine the part number of operational program software (OPS) 
of the flight control computers. 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 new software, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010. 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.

Special Flight Permit

    (h) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

Alternative Methods of Compliance (AMOCs)

    (i)(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. Send information to 
ATTN: Richard Reed, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6431; fax (425) 917-6590. 
Information may be e-mailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on September 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-23857 Filed 9-22-10; 8:45 am]
BILLING CODE 4910-13-P
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