AD 2020-04-19

[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15056-15059]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-05362]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0974; Product Identifier 2019-NM-155-AD; Amendment 
39-19856; AD 2020-04-19]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-15-
01, which applied to certain The Boeing Company Model 777 airplanes. AD 
2017-15-01 required replacing the existing mode control panel (MCP) 
with a new MCP having a different part number. This AD retains the 
requirements of AD 2017-15-01, expands the applicability to include 
certain other airplanes, and adds a new requirement for certain 
airplanes to identify and replace the affected parts. This AD was 
prompted by a determination that the affected parts may be installed on 
airplanes outside of the original applicability of AD 2017-15-01. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 21, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 25, 
2017 (82 FR 33782, July 21, 2017).

ADDRESSES: For service information identified in this final rule, 
contact

[[Page 15057]]

Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may 
view this service information at the FAA, Transport Standards 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2019-0974.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>by searching for and locating Docket No. FAA-2019-
0974; 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, the regulatory evaluation, 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.

FOR FURTHER INFORMATION CONTACT: Frank Carreras, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email: 
<a href="/cdn-cgi/l/email-protection#aaccd8cbc4c184c9cbd8d8cfd8cbd9eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="a3c5d1c2cdc88dc0c2d1d1c6d1c2d0e3c5c2c28dc4ccd5">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-15-01, Amendment 39-18961 (82 FR 
33782, July 21, 2017) (``AD 2017-15-01''). AD 2017-15-01 applied to 
certain The Boeing Company Model 777 airplanes. The NPRM published in 
the Federal Register on December 13, 2019 (84 FR 68060). The NPRM was 
prompted by a determination that the affected parts may be installed on 
airplanes outside of the original applicability of AD 2017-15-01. The 
NPRM proposed to retain the requirements of AD 2017-15-01, expand the 
applicability to include those other airplanes, and add a new 
requirement for certain airplanes to identify and replace the affected 
parts. The FAA is issuing this AD to address uncommanded changes to the 
MCP selected altitude; such uncommanded changes could result in 
incorrect spatial separation between airplanes, midair collision, or 
controlled flight into terrain.

Comments

    The FAA gave the public the opportunity to participate in 
developing this AD. The FAA has considered the comments received. The 
Air Line Pilots Association, International (ALPA) and Boeing indicated 
their support for the NPRM. United Airlines and FedEx had no objection 
to the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD as proposed, except for minor editorial 
changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires Boeing Special Attention Service Bulletin 777-22-
0034, dated March 3, 2016, which the Director of the Federal Register 
approved for incorporation by reference as of August 25, 2017 (82 FR 
33782, July 21, 2017). 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.

Costs of Compliance

    The FAA estimates that this AD affects 231 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                                     Estimated Costs
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               Action                        Labor cost                 Parts cost               Cost per  product           Cost on U.S.  operators
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Replacement.........................  2 work-hours x $85 per   Up to $5,800 *.............  Up to $5,970 *.............  Up to $1,379,070 *.
(retained actions from AD              hour = $170.
 2017[dash]15[dash]01).
Inspection/records check (new         1 work-hour x $85 per    $0.........................  $85........................  Up to $2,380.
 proposed action) (up to 28            hour = $85.
 airplanes).
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* Since the FAA has received no definitive data regarding the cost of a new MCP, the FAA has provided costs for the upgrade (modified part) only.

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 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.

[[Page 15058]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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

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 removing Airworthiness Directive (AD) 
2017-15-01, Amendment 39-18961 (82 FR 33782, July 21, 2017), and adding 
the following new AD:

2020-04-19 The Boeing Company: Amendment 39-19856 ; Docket No. FAA-
2019-0974; Product Identifier 2019-NM-155-AD.

(a) Effective Date

    This AD is effective April 21, 2020.

(b) Affected ADs

    This AD replaces AD 2017-15-01, Amendment 39-18961 (82 FR 33782, 
July 21, 2017) (``AD 2017-15-01'').

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR, 
-300, -300ER, and 777F series airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by reports of uncommanded altitude display 
changes in the mode control panel (MCP) altitude window. The FAA is 
issuing this AD to address uncommanded changes to the MCP selected 
altitude; such uncommanded changes could result in incorrect spatial 
separation between airplanes, midair collision, or controlled flight 
into terrain.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) New Definitions

    (1) For the purposes of this AD, an affected part is an MCP 
having part number S241W001-201, S241W001-202, S241W001-251, 
S241W001-252, or S241W001-261.
    (2) For the purposes of this AD, later-approved parts are only 
those parts that are approved as a replacement for the applicable 
part identified in Boeing Special Attention Service Bulletin 777-22-
0034, dated March 3, 2016; and are approved as part of the type 
design by the FAA or The Boeing Company Organization Designation 
Authorization (ODA) after March 3, 2016 (the publication date of 
Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016).

(h) Retained Replacement of MCP With Revised Compliance Language

    This paragraph restates the requirements of AD 2017-15-01, with 
revised compliance language. For airplanes identified in Boeing 
Special Attention Service Bulletin 777-22-0034, dated March 3, 2016, 
within 60 months after August 25, 2017, (the effective date of AD 
2017-15-01): Do the actions specified in paragraph (h)(1) or (2) of 
this AD.
    (1) Replace the existing MCP part with an MCP having part number 
S241W001-262, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016.
    (2) Install a later-approved part as defined in paragraph (g)(2) 
of this AD.

(i) New MCP Identification and Replacement

    For airplanes not identified in paragraph (h) of this AD with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before the effective date of this AD, do 
the actions specified in paragraphs (i)(1) and (2) of this AD.
    (1) Within 60 months after the effective date of this AD, 
perform a general visual inspection of the MCP to determine the MCP 
part number. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the part number of the MCP can be 
conclusively determined from that review.
    (2) If the MCP is an affected part, within 60 months after the 
effective date of this AD: Do the actions specified in paragraph 
(i)(2)(i) or (ii) of this AD.
    (i) Replace the existing MCP with an MCP having part number 
S241W001-262, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 777-22-0034, dated March 
3, 2016.
    (ii) Install a later-approved part as defined in paragraph 
(g)(2) of this AD.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
MCP having part number S241W001-201, S241W001-202, S241W001-251, 
S241W001-252, or S241W001-261, on any airplane.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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 local Flight Standards District 
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 (l) of this AD. Information may be 
emailed to: <a href="/cdn-cgi/l/email-protection#b78e9af6f9fa9ae4d2d6c3c3dbd29af6f4f89af6faf8f49ae5d2c6c2d2c4c3c4f7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="88b1a5c9c6c5a5dbede9fcfce4eda5c9cbc7a5c9c5c7cba5daedf9fdedfbfcfbc8eee9e9a6efe7fe">[email&#160;protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district 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 ODA that has been authorized 
by the Manager, Seattle ACO 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.
    (4) AMOCs approved previously for AD 2017-15-01 are approved as 
AMOCs for the corresponding provisions of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(5)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    For more information about this AD, contact Frank Carreras, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3539; email: <a href="/cdn-cgi/l/email-protection#204652414e4b0e4341525245524153604641410e474f56"><span class="__cf_email__" data-cfemail="432531222d286d2022313126312230032522226d242c35">[email&#160;protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
August 25, 2017 (82 FR 33782, July 21, 2017).
    (i) Boeing Special Attention Service Bulletin 777-22-0034, dated 
March 3, 2016.
    (ii) [Reserved]
    (4) For service information 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; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (5) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (6) You may view this service information that is incorporated 
by reference at the

[[Page 15059]]

National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#620407061007054c0e0705030e220c0310034c050d14"><span class="__cf_email__" data-cfemail="89efecedfbeceea7e5eceee8e5c9e7e8fbe8a7eee6ff">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on February 25, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-05362 Filed 3-16-20; 8:45 am]
 BILLING CODE 4910-13-P