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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2024-1897; Project Identifier AD-2023-00774-T; Amendment 39-22882; AD 2024-23-03]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-300 and -400 series airplanes. This AD was prompted by a report that flight control rigging tolerances could result in spoiler deflection not reaching the minimal level required to engage the cruise thrust split monitor (MONFD) used by the autothrottle (A/T) system. This AD requires changing certain wire bundles, installing a new housing assembly, removing the mechanical aileron force limiter (MAFL), doing an inspection or records check to determine if certain flight control computers (FCCs) are installed, and performing applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
 DATES: This AD is effective January 6, 2025. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 6, 2025.
 ADDRESSES:  *AD Docket:*
                         You may examine the AD docket at 
                        *regulations.gov*
                         under Docket No. FAA-2024-1897; 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-2024-1897.
 FOR FURTHER INFORMATION CONTACT: Eric Igama, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone 562-627-5388; email 
                        *roderick.igama@faa.gov.*


SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 737-300 and -400 series airplanes. The NPRM published in the 
                    **Federal Register**
                     on July 29, 2024 (89 FR 60836). The NPRM was prompted by a report indicating that flight control rigging tolerances could result in spoiler deflection not reaching the minimal level required to engage the MONFD used by the A/T system. In the NPRM, the FAA proposed to require changing certain wire bundles, installing a new housing assembly, removing the mechanical aileron force limiter (MAFL), doing an inspection or records check to determine if certain flight control computers (FCCs) are installed, and performing applicable on-condition actions. The FAA is issuing this AD to address failure of the spoiler deflection to engage the MONFD, which could lead to significant throttle split, leading to asymmetric thrust and the subsequent lack of autothrottle disengagement, uncommanded roll, and consequent loss of control of the airplane and reduced ability of the flightcrew to maintain the safe flight and landing of the airplane. Discussion of Final Airworthiness Directive Comments The FAA received a comment from Aviation Partners Boeing. The following presents the comment received on the NPRM and the FAA's response. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST01219SE does not affect compliance with the proposed actions. The FAA agrees with the commenter that STC ST01219SE does not affect the accomplishment of the manufacturer's service instructions. Therefore, the installation of STC ST01219SE 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, 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 737-22A1399 RB, dated April 13, 2023. This material specifies procedures for changing certain wire bundles, installing a new housing assembly, removing the MAFL, doing an inspection or records check to determine if certain FCCs are installed (FCCs that have an electronic aileron limiter (EAL) revision), and performing applicable on-condition actions. On-condition actions include installing new FCCs or re-installing kept FCCs (the installation includes doing specified tests and applicable corrective actions until the tests are passed). 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 110 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
                    ( print page 95087) Estimated Costs
Action
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operatorsWire bundle change, MAFL removal, housing assembly installation, and inspection/records review
Up to 10 work-hours × $85 per hour = up to $850
$0
Up to $850
Up to $93,500.
 The FAA estimates the following costs to do any on-condition actions that would be required based on the results of the inspection/records review. The agency has no way of determining the number of aircraft that might need these on-condition actions: On-Condition Costs
Action
Labor cost
Parts cost
Cost per
                             productInstallation of FCCs
2 work-hours × $85 per hour = $170
$7,250
$7,420
 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
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **2024-23-03 The Boeing Company:**
                             Amendment 39-22882; Docket No. FAA-2024-1897; Project Identifier AD-2023-00774-T. (a) Effective Date This airworthiness directive (AD) is effective January 6, 2025. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 737-300 and -400 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 737-22A1399 RB, dated April 13, 2023. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. (e) Unsafe Condition This AD was prompted by a report that flight control rigging tolerances could result in spoiler deflection not reaching the minimal level required to engage the cruise thrust split monitor (MONFD) used by the autothrottle (A/T) system. The FAA is issuing this AD to address failure of the spoiler deflection to engage the MONFD. The unsafe condition, if not addressed, could lead to significant throttle split, leading to asymmetric thrust and the subsequent lack of autothrottle disengagement, which could result in an uncommanded roll and consequent loss of control of the airplane, and reduced ability of the flightcrew to maintain the safe flight and landing of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 737-22A1399 RB, dated April 13, 2023, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-22A1399 RB, dated April 13, 2023. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 737-22A1399, dated April 13, 2023, which is referred to in Boeing Alert Requirements Bulletin 737-22A1399 RB, dated April 13, 2023. (h) Exceptions to Requirements Bulletin Specifications Where the Compliance Time columns of the table in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 737-22A1399 RB, dated April 13, 2023, use the phrase “the original issue date of Requirements Bulletin 737-22A1399 RB,” this AD requires using the effective date of this AD. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR-520, 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. In accordance with 14 CFR 39.19, 
                            ( print page 95088)
                            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 (j)(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, AIR-520, 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. (j) Related Information (1) For more information about this AD, contact Eric Igama, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-5388; email: 
                            *roderick.igama@faa.gov.* (2) Material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (k)(3) of this AD. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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 737-22A1399 RB, dated April 13, 2023. (ii) [Reserved] (3) For the 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 Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            *www.archives.gov/​federal-register/​cfr/​ibr-locations*
                             or email 
                            *fr.inspection@nara.gov.* Issued on November 7, 2024. Peter A. White, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.


[FR Doc. 2024-28134 Filed 11-29-24; 8:45 am] BILLING CODE 4910-13-P