Rule2022-01995
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 31, 2022
Effective
January 31, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. This AD was prompted by a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent determination that, during takeoffs and landings, as a result of this interference, certain airplane systems may not properly function, resulting in longer than normal landing or rejected takeoff distances due to the effect on thrust reverser deployment, spoilers, speedbrake deployment, and increased idle thrust, regardless of the approach type or weather. This AD requires revising the limitations and operating procedures sections of the existing airplane flight manual (AFM) to incorporate limitations prohibiting the use of certain minimum equipment list (MEL) items, and to incorporate operating procedures for calculating takeoff and landing distances, when in the presence of 5G C-Band interference as identified by Notices to Air Missions (NOTAMs). The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 20 (Monday, January 31, 2022)</title>
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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Rules and Regulations]
[Pages 4787-4797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01995]
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Rules and Regulations
Federal Register
________________________________________________________________________
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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.
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Rules
and Regulations
[[Page 4787]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0017; Project Identifier AD-2022-00058-T;
Amendment 39-21937; AD 2022-03-20]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. This AD
was prompted by a determination that radio altimeters cannot be relied
upon to perform their intended function if they experience interference
from wireless broadband operations in the 3.7-3.98 GHz frequency band
(5G C-Band), and a recent determination that, during takeoffs and
landings, as a result of this interference, certain airplane systems
may not properly function, resulting in longer than normal landing or
rejected takeoff distances due to the effect on thrust reverser
deployment, spoilers, speedbrake deployment, and increased idle thrust,
regardless of the approach type or weather. This AD requires revising
the limitations and operating procedures sections of the existing
airplane flight manual (AFM) to incorporate limitations prohibiting the
use of certain minimum equipment list (MEL) items, and to incorporate
operating procedures for calculating takeoff and landing distances,
when in the presence of 5G C-Band interference as identified by Notices
to Air Missions (NOTAMs). The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective January 31, 2022.
The FAA must receive comments on this AD by March 17, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0017; 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 street address for the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Dean Thompson, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3165;
email: <a href="/cdn-cgi/l/email-protection#9bfffefaf5b5e9b5eff3f4f6ebe8f4f5dbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="d2b6b7b3bcfca0fca6babdbfa2a1bdbc92b4b3b3fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
In March 2020, the United States Federal Communications Commission
(FCC) adopted final rules authorizing flexible use of the 3.7-3.98 GHz
band for next generation services, including 5G and other advanced
spectrum-based services.\1\ Pursuant to these rules, C-Band wireless
broadband deployment was permitted to occur in phases with the
opportunity for operations in the lower 0.1 GHz of the band (3.7-3.8
GHz) in certain markets beginning on January 19, 2022. This AD refers
to ``5G C-Band'' interference, but wireless broadband technologies,
other than 5G, may use the same frequency band.\2\ These other uses of
the same frequency band are within the scope of this AD since they
would introduce the same risk of radio altimeter interference as 5G C-
Band.
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\1\ The FCC's rules did not make C-Band wireless broadband
available in Alaska, Hawaii, and the U.S. Territories.
\2\ The regulatory text of the AD uses the term ``5G C-Band''
which, for purposes of this AD, has the same meaning as ``5G'', ``C-
Band'' and ``3.7-3.98 GHz.''
---------------------------------------------------------------------------
The radio altimeter is an important aircraft instrument, and its
intended function is to provide direct height-above-terrain/water
information to a variety of aircraft systems. Commercial aviation radio
altimeters operate in the 4.2-4.4 GHz band, which is separated by 0.22
GHz from the C-Band telecommunication systems in the 3.7-3.98 GHz band.
The radio altimeter is more precise than a barometric altimeter and for
that reason is used where aircraft height over the ground needs to be
precisely measured, such as autoland, manual landings, or other low
altitude operations. The receiver on the radio altimeter is typically
highly accurate, however it may deliver erroneous results in the
presence of out-of-band radio frequency emissions from other frequency
bands. The radio altimeter must detect faint signals reflected off the
ground to measure altitude, in a manner similar to radar. Out-of-band
signals could significantly degrade radio altimeter functions during
critical phases of flight, if the altimeter is unable to sufficiently
reject those signals.
The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12) to address the effect of 5G C-Band
interference on all transport and commuter category airplanes equipped
with a radio (also known as radar) altimeter. AD 2021-23-12 requires
revising the limitations section of the existing AFM to incorporate
limitations prohibiting certain operations, which require radio
altimeter data to land in low visibility conditions, when in the
presence of 5G C-Band interference as identified by NOTAM. The FAA
issued AD 2021-23-12 because radio altimeter anomalies that are
undetected by the automation or pilot, particularly close to the ground
(e.g., landing flare), could lead to loss of continued safe flight and
landing.
Since the FAA issued AD 2021-23-12, Boeing has continued to
evaluate potential 5G C-Band interference on
[[Page 4788]]
aircraft systems that rely on radio altimeter inputs. Boeing issued
Boeing Multi Operator Message MOM-MOM-22-0016-01B(R1), dated January
16, 2022, and Boeing Flight Crew Operations Manual Bulletin TBC-26,
``Radio Altimeter Anomalies due to 5G C-Band Wireless Broadband
Interference in the United States,'' dated January 17, 2022.
Based on Boeing's data, the FAA identified an additional hazard
presented by 5G C-Band interference on The Boeing Company 737-8, 737-9,
and 737-8200 airplanes. The FAA determined anomalies due to 5G C-Band
interference may affect multiple other airplane systems using radio
altimeter data, regardless of the approach type or weather. These
anomalies may not be evident until very low altitudes. Impacted systems
include, but are not limited to: Autopilot flight director system;
autothrottle system; engines; thrust reversers; flight controls; flight
instruments; traffic alert and collision avoidance system (TCAS);
ground proximity warning system (GPWS); and configuration warnings.
As a result of erroneous radio altimeter data provided to these
systems in the event of 5G C-Band interference, takeoff and landing
performance can be adversely impacted. This may have multiple effects,
including:
<bullet> Autothrottle may remain in speed (SPD) mode and may
increase thrust to maintain speed during flare instead of reducing the
thrust to IDLE at 27 feet radio altitude (RA) or may reduce thrust to
IDLE prematurely.
<bullet> Thrust reversers may not deploy during rejected takeoff or
landing roll.
<bullet> Engines may be at higher idle during rejected takeoff or
remain at approach idle after touchdown.
<bullet> Automatic speedbrake may not deploy after touchdown during
the landing roll.
<bullet> SPEEDBRAKE EXTENDED light may not be available or may
illuminate erroneously during the landing roll.
<bullet> SPEEDBRAKE time critical visual and aural warnings may not
be available during the landing roll.
<bullet> Spoilers may be limited to their maximum in-flight
position during manual deployment after rejected takeoff or touchdown
during the landing roll.
<bullet> Landing Attitude Modifier may be erroneous.
<bullet> Other simultaneous flight deck effects associated with the
5G C-Band interference could increase pilot workload.
As a result of these effects, lack of thrust reverser and
speedbrake deployment, limited spoiler extension, and increased idle
thrust may occur; and brakes may be the only means to slow the
airplane. Therefore, the presence of 5G C-Band interference can result
in degraded deceleration performance, subsequently resulting in longer
than normal landing or rejected takeoff distances, which could lead to
a runway excursion. This is an unsafe condition.
The severity of the hazard created by a lack of thrust reverser and
speedbrake deployment, limited spoiler extension, and by increased idle
thrust, increases when the runway is contaminated with frozen or liquid
precipitation. The FAA categorizes runway surface conditions with codes
from 6 through 0, with 6 being a dry runway and therefore no
detrimental effect on braking, and a code of 0 denoting surface
conditions, such as wet ice, in which braking may not be effective.
This AD mandates procedures for operators to account for this
longer than normal landing or rejected takeoff distances, for all
runway conditions, in the presence of 5G C-Band interference as
identified by NOTAM. It prohibits operators from dispatching or
releasing airplanes to or from affected airports when certain braking
and anti-skid functions on the airplane are inoperable. It also
prohibits operators from dispatch or release to, or takeoff or landing
on, runways with condition codes 1 and 0.
The FAA is issuing this AD to address the unsafe condition on these
products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD requires revising the limitations and operating procedures
sections of the existing AFM to incorporate limitations prohibiting the
use of certain MEL items, and to incorporate operating procedures for
calculating takeoff and landing distances, when in the presence of 5G
C-Band interference as identified by NOTAMs.
Compliance With AFM Revisions
Section 91.9 prohibits any person from operating a civil aircraft
without complying with the operating limitations specified in the AFM.
FAA regulations also require operators to furnish pilots with any
changes to the AFM (14 CFR 121.137) and pilots in command to be
familiar with the AFM (14 CFR 91.505).
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because during takeoffs and landings, as a result of 5G C-Band
interference, certain airplane systems may not properly function,
resulting in longer than normal landing or rejected takeoff distances
due to the effect on thrust reverser deployment, spoilers, speedbrake
deployment, and increased idle thrust, regardless of the approach type
or weather. This could result in a runway excursion. The urgency is
based on C-Band wireless broadband deployment, which was expected to
occur in phases with operations beginning on January 19, 2022.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2022-0017 and Project Identifier AD-
2022-00058-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended
[[Page 4789]]
change, and include supporting data. The FAA will consider all comments
received by the closing date and may amend this final rule 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Dean
Thompson, Senior Aerospace Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3165; email: <a href="/cdn-cgi/l/email-protection#533736323d7d217d273b3c3e23203c3d133532327d343c25"><span class="__cf_email__" data-cfemail="c0a4a5a1aeeeb2eeb4a8afadb0b3afae80a6a1a1eea7afb6">[email protected]</span></a>. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 177 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
AFM revision....................... 1 work-hour x $85 per hour $0 $85 $15,045
= $85.
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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
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, and
(2) Will not affect intrastate aviation in Alaska.
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
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 adding the following new airworthiness
directive:
2022-03-20 The Boeing Company: Amendment 39-21937 ; Docket No. FAA-
2022-0017; Project Identifier AD-2022-00058-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 31, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-8, 737-9, and
737-8200 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that,
during takeoffs and landings, as a result of this interference,
certain airplane systems may not properly function, resulting in
longer than normal landing or rejected takeoff distances due to the
effect on thrust reverser deployment, spoilers, speedbrake
deployment, and increased idle thrust, regardless of the approach
type or weather. The FAA is issuing this AD to address degraded
deceleration performance, which could lead to a runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
Runway condition codes are defined in figure 1 to paragraph (g)
of this AD.
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[GRAPHIC] [TIFF OMITTED] TR31JA22.003
(h) Airplane Flight Manual (AFM) Revision
(1) Within 2 days after the effective date of this AD: Revise
the Limitations Section of the existing AFM to include the
information specified in figure 2 to paragraph (h)(1) of this AD.
This may be done by inserting a copy of figure 2 to paragraph (h)(1)
of this AD into the existing AFM.
BILLING CODE 4910-13-P
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[GRAPHIC] [TIFF OMITTED] TR31JA22.004
(2) Within 2 days after the effective date of this AD: Revise
the Operating Procedures Section of the existing AFM to include the
information specified in figure 3 to paragraph (h)(2) of this AD.
This may be done by inserting a copy of figure 3 to paragraph (h)(2)
of this AD into the existing AFM.
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[GRAPHIC] [TIFF OMITTED] TR31JA22.010
Note 1 to paragraph (h): Guidance for accomplishing the actions
required by this AD can be found in Boeing Multi Operator Message
MOM-MOM-22-0016-01B(R1), dated January 16, 2022, and Boeing Flight
Crew Operations Manual Bulletin TBC-26, ``Radio Altimeter Anomalies
due to 5G C-Band Wireless Broadband Interference in the United
States,'' dated January 17, 2022.
(i) 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 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: <a href="/cdn-cgi/l/email-protection#fec7d3bfb0b3d3ad9b9f8a8a929bd3bfbdb1d3bfb3b1bdd3ac9b8f8b9b8d8a8dbe989f9fd0999188"><span class="__cf_email__" data-cfemail="92abbfd3dcdfbfc1f7f3e6e6fef7bfd3d1ddbfd3dfddd1bfc0f7e3e7f7e1e6e1d2f4f3f3bcf5fde4">[email protected]</span></a>.
(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) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the provisions of
this AD.
(j) Related Information
(1) For more information about this AD, contact Dean Thompson,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3165; email: <a href="/cdn-cgi/l/email-protection#096d6c6867277b277d616664797a6667496f6868276e667f"><span class="__cf_email__" data-cfemail="f49091959ada86da809c9b9984879b9ab4929595da939b82">[email protected]</span></a>.
(2) For service information identified in this AD that is not
incorporated by reference, 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>.
(k) Material Incorporated by Reference
None.
Issued on January 26, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-01995 Filed 1-27-22; 4:15 pm]
BILLING CODE 4910-13-C
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