This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

77445 

Vol. 89, No. 184 

Monday, September 23, 2024 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1497; Project 

Identifier AD–2023–00516–T; Amendment 

39–22816; AD 2024–16–10] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2019–25– 

17, which applied to all The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER series 

airplanes. AD 2019–25–17 required 

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 AD was 

prompted by reports of display 

electronic unit (DEU) software errors on 

airplanes with a selected instrument 

approach to a specific runway. This AD 

retains the requirements of AD 2019– 

25–17. This AD also requires installing 

the new software and performing a 

software configuration check, which 

terminates the AFM revision. The FAA 

is issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective October 28, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 28, 2024. 

ADDRESSES: 

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 final rule, any comments 

received, and other information. The 

address for Docket Operations is U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

Material Incorporated by Reference: 

• For Boeing material identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster 

Blvd., MC 110 SK57, Seal Beach, CA 

90740–5600; telephone 562–797–1717; 

website myboeingfleet.com. 

• You may view this material 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 

under 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: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2019–25–17, 

Amendment 39–21016 (84 FR 71304, 

December 27, 2019) (AD 2019–25–17). 

AD 2019–25–17 applied to 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). The 

NPRM published in the Federal 

Register on August 4, 2023 (88 FR 

51739). The NPRM was prompted by 

reports of Display Units (DUs) 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 was 

issued to address the potential for 

blanking displays on flights into the 

affected airports. The software errors 

and consequent display blanking, if not 

addressed, could prevent continued safe 

flight and landing. In the NPRM, the 

FAA proposed to retain the 

requirements of AD 2019–25–17. The 

NPRM also proposed to require 

installing the new software, and 

performing a software configuration 

check, which would terminate the AFM 

revision requirement. The FAA is 

issuing this AD to address the potential 

for all six DUs to blank, which can 

prevent continued safe flight and 

landing. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from the 

Air Line Pilots Association, 

International (ALPA), who supported 

the NPRM without change. 

The FAA received additional 

comments from three commenters, 

including Boeing, Southwest Airlines 

(SWA), and Pegasus Airlines. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Continue Utilizing Common 

Display System Block Point 06 

Boeing requested that paragraph (m), 

‘‘Alternative Methods of Compliance 

(AMOCs),’’ of the proposed AD be 

revised to allow airplanes with Common 

Display System (CDS) Block Point (BP) 

06 an AMOC to the actions specified by 

paragraph (h) of the proposed AD. SWA 

requested allowing airplanes to 

continue to utilize CDS BP06 in lieu of 

the software update that would be 

required by paragraph (h) of the 

proposed AD (i.e., CDS BP15a). Boeing 

and SWA stated that CDS BP06 does not 

contain the error that leads to the 

display blanking for the specific airports 

listed in AD 2019–25–17. SWA also 

cited a software incompatibility issue 

with the Rockwell Collins Head Up 

Display (HUD) HGS–2350 (currently 

installed on 15% of their fleet) and 

stated that the new CDS BP15a would 

require disabling the HUD, which 

provides the flightcrew a myriad of 

safety features enhancements. 

The FAA agrees with allowing 

airplanes with CDS BP06 to be excepted 


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77446 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Rules and Regulations 

from the requirements of paragraph (h) 

of this AD, because CDS BP06 does not 

contain the error that leads to the 

display blanking for the specific airports 

listed in AD 2019–25–17. The FAA has 

added a statement in paragraph (i)(2) of 

this AD accordingly. The FAA does not 

agree with revising paragraph (m) of this 

AD, because this AD has been revised to 

except airplanes with CDS BP06 from 

the requirements of paragraph (h) of this 

AD, thus eliminating the need for the 

AMOC. 

Request for Adding a Note to Paragraph 

(c), ‘‘Applicability’’ 

Pegasus Airlines requested adding a 

note to paragraph (c), ‘‘Applicability,’’ 

of the proposed AD as follows: ‘‘The 

scope of the AD requirements is limited 

to operation at the seven runways 

identified in figure 1 to paragraph (g) of 

this AD.’’ The commenter stated that the 

note was in AD 2019–25–17 and should 

be included in this AD. 

The FAA disagrees with the 

commenter. The requirements of this 

AD, notably the software update, must 

be done by all applicable airplanes 

regardless of runway operation. The 

FAA has not changed this AD in this 

regard. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

the installation of winglets per 

Supplemental Type Certificate STC 

ST00830SE does not affect the 

accomplishment of the manufacturer’s 

service instructions. 

The FAA agrees with the commenter 

that STC ST00830SE does not affect the 

accomplishment of the manufacturer’s 

service instructions. Therefore, the 

installation of STC ST00830SE does not 

affect the ability to accomplish the 

actions required by this AD. The FAA 

has not changed this AD in this regard. 

Conclusion 

The FAA reviewed the relevant data, 

considered any comments received, and 

determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. Except for minor editorial 

changes, and any other changes 

described previously, this AD is 

adopted as proposed in the NPRM. 

None of the changes will increase the 

economic burden on any operator. 

Material Incorporated by Reference 

Under 1 CFR Part 51 

The FAA reviewed Boeing Alert 

Requirements Bulletin 737–31A1880 

RB, Revision 1, dated September 16, 

2020. This material specifies procedures 

for installing the CDS DEU OPS block 

point 2015A and performing a software 

configuration check. This material 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. 

Costs of Compliance 

The FAA estimates that this AD 

affects 1,739 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Revise AFM (retained action from AD 2019–25– 

17).

1 work-hour × $85 per 

hour = $85.

$0 ...................................... $85 .................................... $147,815. 

Install software and perform configuration check 

(new actions).

2 work-hours × $85 per 

hour = $170.

Up to $975 ........................ Up to $1,145 ..................... Up to $1,991,155. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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) 2019–25–17, Amendment 39– 

21016 (84 FR 71304, December 27, 

2019); and 

■ b. Adding the following new AD: 

2024–16–10 The Boeing Company: 

Amendment 39–22816; Docket No. 

FAA–2023–1497; Project Identifier AD– 

2023–00516–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective October 28, 2024. 


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Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Rules and Regulations 77447 

(b) Affected ADs 

This AD replaces AD 2019–25–17, 

Amendment 39–21016 (84 FR 71304, 

December 27, 2019) (AD 2019–25–17). 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER series airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 31, Instruments. 

(e) Unsafe Condition 

This AD was prompted by reports of 

display electronic unit (DEU) software errors 

on airplanes with a selected instrument 

approach to a specific runway. The FAA is 

proposing this AD to address the potential for 

all six display units (DUs) to blank, which 

can prevent continued safe flight and 

landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained AFM Revision, with No Changes 

This paragraph restates the requirements of 

paragraph (g) of AD 2019–25–17, with no 

changes. Within 14 days after December 27, 

2019 (the effective date of AD 2019–25–17), 

revise the Miscellaneous Limitations section 

of the existing airplane flight manual (AFM) 

to include the information in figure 1 to 

paragraph (g) of this AD. This may be done 

by inserting a copy of figure 1 to paragraph 

(g) of this AD into the Miscellaneous 

Limitations section of the existing AFM. 

Figure 1 to Paragraph (g)—AFM Revision 

(h) Software Update 

Except as specified in paragraph (i) of this 

AD: At the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Requirements Bulletin 737–31A1880 

RB, Revision 1, dated September 16, 2020, do 

all applicable actions identified in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Alert Requirements 

Bulletin 737–31A1880 RB, Revision 1, dated 

September 16, 2020. 

Note 1 to paragraph (h): Guidance for 

accomplishing the actions required by 

paragraph (h) of this AD can be found in 

Boeing Alert Service Bulletin 737–31A1880, 

Revision 1, dated September 16, 2020, which 

is referred to in Boeing Alert Requirements 

Bulletin 737–31A1880 RB, Revision 1, dated 

September 16, 2020. 

(i) Exceptions to Requirements Bulletin 

Specifications 

(1) Where the Compliance Time columns 

of the tables in the ‘‘Compliance’’ paragraph 

of Boeing Alert Requirements Bulletin 737– 

31A1880 RB, Revision 1, dated September 

16, 2020, use the phrase ‘‘Within 12 

months—after the Revision 1 date of 

Requirements Bulletin 737–31A1880 RB,’’ 

this AD requires using ‘‘Within 12 months 

after the effective date of this AD.’’ 

(2) The requirements of paragraph (h) of 

this AD do not apply to airplanes with 

Common Display System (CDS) Block Point 

06 installed. 

(j) Terminating Action for AFM Revision 

Accomplishment of the actions specified 

by paragraph (h) of this AD by an operator’s 

entire affected fleet terminates the actions 

required by paragraph (g) of this AD, and the 

AFM revision required by paragraph (g) of 

this AD may be removed from the AFM. 

(k) Credit for Previous Actions 

This paragraph provides credit for the 

actions specified in paragraph (h) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Alert 

Requirements Bulletin 737–31A1880 RB, 

dated April 17, 2020, which is not 

incorporated by reference in this AD. 

(l) Special Flight Permit 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the airplane to a location where 

the actions required by this AD can be 

performed, provided the airplane is operated 

in accordance with the AFM limitation 

required by paragraph (g) of this AD. 

(m) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Continued Operational 

Safety Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 


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Common Display System (Required by AD 2019-25-17) 

The following is applicable only if configured with CDS BP15 and FMC Ul2 or later. 

Do not select the following runways in the FMC ARRIVALS page, as it may result in 

blanking of all six display units: 

82V RW26 Pine Bluffs, Wyoming, USA 

KBJJ RW28 Wayne County, Ohio, USA 

KCIU RW28 Chippewa County, Michigan, USA 

KCNM RW26 Cavern City, New Mexico, USA 

P ABR RW25 Barrow, Alaska, USA 

SKLM RW28 La Mina, La Guajira, Colombia 

SYCJ RW29 Cheddi Jagan, Georgetown, Guyana 
77448 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Rules and Regulations 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in paragraph (n)(1) 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) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Continued Operational Safety 

Branch, FAA, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(n) Related Information 

(1) For more information about this AD, 

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. 

(2) Material identified in this AD that is not 

incorporated by reference is available at the 

addresses specified in paragraph (o)(3) of this 

AD. 

(o) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the material listed in this paragraph 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use this material as 

applicable to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) Boeing Alert Requirements Bulletin 

737–31A1880 RB, Revision 1, dated 

September 16, 2020. 

(ii) [Reserved] 

(3) For Boeing material identified in this 

AD, contact Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 110 

SK57, Seal Beach, CA 90740–5600; telephone 

562–797–1717; website myboeingfleet.com. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 1, 2024. 

Peter A. White, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2024–21557 Filed 9–20–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 866 

[Docket No. FDA–2016–N–2880] 

Microbiology Devices; Reclassification 

of Cytomegalovirus Deoxyribonucleic 

Acid Quantitative Assay Devices 

Intended for Transplant Patient 

Management 

AGENCY: Food and Drug Administration 

(FDA), Department of Health and 

Human Services (HHS). 

ACTION: Final amendment; final order. 

SUMMARY: The Food and Drug 

Administration (FDA or the Agency) is 

issuing a final order to reclassify 

cytomegalovirus (CMV) 

deoxyribonucleic acid (DNA) 

quantitative assay devices intended for 

transplant patient management, a 

postamendments class III device 

(product code PAB) into class II (general 

controls and special controls), subject to 

premarket notification. 

DATES: This order is effective October 

23, 2024. 

ADDRESSES: For access to the docket to 

read background documents or the 

electronic and-written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

FOR FURTHER INFORMATION CONTACT: 

Silke Schlottmann, Center for Devices 

and Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 3258, Silver Spring, 

MD 20993–0002, 301–796–9551, 

Silke.Schlottmann@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background—Regulatory Authorities 

The Federal Food, Drug, and Cosmetic 

Act (FD&C Act), as amended, by the 

Medical Device Amendments of 1976 

(the 1976 amendments) (Pub. L. 94– 

295), the Safe Medical Devices Act of 

1990 (Pub. L. 101–629), the Food and 

Drug Administration Modernization Act 

of 1997 (Pub. L. 105–115), the Medical 

Device User Fee and Modernization Act 

of 2002 (Pub. L. 107–250), the Medical 

Devices Technical Corrections Act (Pub. 

L. 108–214), the Food and Drug 

Administration Amendments Act of 

2007 (Pub. L. 110–85), and the Food and 

Drug Administration Safety and 

Innovation Act (Pub. L. 112–144), 

among other amendments, establishes a 

comprehensive system for the regulation 

of medical devices intended for human 

use. Section 513 of the FD&C Act (21 

U.S.C. 360c) established three classes of 

devices, reflecting the regulatory 

controls needed to provide reasonable 

assurance of their safety and 

effectiveness. The three classes of 

devices are class I (general controls), 

class II (general controls and special 

controls), and class III (general controls 

and premarket approval). 

Devices that were not in commercial 

distribution prior to May 28, 1976 

(generally referred to as 

postamendments devices) are 

automatically classified by section 

513(f)(1) of the FD&C Act into class III 

without any FDA rulemaking process. 

Those devices remain in class III and 

require premarket approval, unless and 

until: (1) FDA reclassifies the device 

into class I or class II or (2) FDA issues 

an order finding the device to be 

substantially equivalent, in accordance 

with section 513(i) of the FD&C Act, to 

a predicate device that does not require 

premarket approval. FDA determines 

whether new devices are substantially 

equivalent to predicate devices by 

means of premarket notification 

procedures in section 510(k) of the 

FD&C Act (21 U.S.C. 360(k)) and part 

807 (21 CFR part 807), subpart E, of 

FDA’s regulations. 

A postamendments device that has 

been initially classified in class III 

under section 513(f)(1) of the FD&C Act 

may be reclassified into class I or II 

under section 513(f)(3) of the FD&C Act. 

Section 513(f)(3) of the FD&C Act 

provides that FDA, acting by 

administrative order, can reclassify the 

device into class I or class II on its own 

initiative, or in response to a petition 

from the manufacturer or importer of 

the device. To change the classification 

of the device, the proposed new class 

must have sufficient regulatory controls 

to provide a reasonable assurance of the 

safety and effectiveness of the device for 

its intended use. 

In the Federal Register of September 

18, 2020 (85 FR 58300), FDA published 

a proposed order to reclassify CMV 

DNA quantitative assay devices 

intended for transplant patient 

management (‘‘CMV transplant assays’’) 

from class III into class II (general and 

special controls), subject to premarket 

notification. The comment period on the 

proposed order closed on November 17, 

2020. FDA received two comments on 

the proposed order, both of which were 

supportive of the reclassification from 

Class III to Class II and agreed with FDA 


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