Rule2023-13152
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
June 21, 2023
Effective
June 21, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2022-03- 20, which applied to all The Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. AD 2022-03-20 required 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 interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD 2022-03-20, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band base stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7- 3.98 GHz. This AD requires revising the limitations section of the existing AFM to incorporate limitations prohibiting the use of certain MEL items, and would retain the operating procedures from AD 2022-03-20 for calculating takeoff and landing distances, due to the presence of 5G C-Band interference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Pages 40011-40023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13152]
[[Page 40011]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0671; Project Identifier AD-2022-01428-T;
Amendment 39-22469; AD 2023-12-11]
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) 2022-03-
20, which applied to all The Boeing Company Model 737-8, 737-9, and
737-8200 airplanes. AD 2022-03-20 required 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
interference from wireless broadband operations in the 3.7-3.98 GHz
frequency band (5G C-Band) as identified by Notices to Air Missions
(NOTAMs). Since the FAA issued AD 2022-03-20, the FAA determined that
additional limitations are needed due to the continued deployment of
new 5G C-Band base stations whose signals are expected to cover most of
the contiguous United States at transmission frequencies between 3.7-
3.98 GHz. This AD requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting the use of certain
MEL items, and would retain the operating procedures from AD 2022-03-20
for calculating takeoff and landing distances, due to the presence of
5G C-Band interference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective June 21, 2023.
ADDRESSES: AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2023-0671; 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.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 817-222-5390; email: <a href="/cdn-cgi/l/email-protection#9bf4ebfee9faeff2f4f5faf7e8fafdfeefe2dbfdfafab5fcf4ed"><span class="__cf_email__" data-cfemail="c8a7b8adbaa9bca1a7a6a9a4bba9aeadbcb188aea9a9e6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-03-20, Amendment 39-21937 (87 FR 4787,
January 31, 2022) (AD 2022-03-20). AD 2022-03-20 applied to all The
Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. The NPRM
published in the Federal Register on May 3, 2023 (88 FR 27786). The
NPRM was prompted by a determination that radio altimeters cannot be
relied upon to perform their intended function if they experience 5G C-
Band interference, 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.
In the NPRM, the FAA proposed to retain the requirements of AD
2022-03-20 until June 30, 2023. On or before June 30, 2023, the FAA
proposed to require replacing those AFM limitations with limitations
prohibiting the same dispatching or releasing to airports, and takeoff
or landings on runways, and use of certain MEL items at all airports
for non-radio altimeter tolerant airplanes. For radio altimeter
tolerant airplanes, the FAA proposed to allow the prohibited operations
at 5G C-Band mitigated airports (5G CMAs) as identified in an FAA
Domestic Notice. The FAA proposed this AD to address degraded
deceleration performance, which could lead to a runway excursion.
Discussion of Final Airworthiness Directive
Comments
The FAA provided the public with an opportunity to comment on the
proposed AD and received comments from four commenters. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Support for NPRM
Boeing and the Air Line Pilots Association, International (ALPA),
supported the NPRM without change.
The supportive comments from ALPA included additional viewpoints
without a suggestion specific to the AD or a request the FAA can act
on. These comments are outside the scope of this AD.
Request To Extend Compliance Time
Comment summary: Southwest Airlines and American Airlines expressed
concern regarding the compliance time for the proposed actions and
requested the FAA revise the AD to provide a minimum of 30 days from
the effective date of the AD.
FAA response: The FAA understands the commenters' concerns and made
every effort to publish this AD as soon as possible. After refraining
from operating at their FCC-authorized levels for a year and a half,
wireless companies are now able to operate at higher levels, yet still
not at the levels authorized. Specifically, wireless companies expect
to operate their networks in urban areas with minimal restrictions due
to the completion of retrofits. Additionally, the FAA anticipates 19
additional telecommunication companies will begin transmitting in the
C-Band after June 30, 2023. Although the FAA continues to work with the
companies that intend to transmit in the 3.7-3.98-GHz band near 5G
CMAs, the FAA has no agreement with those companies to provide the FAA
with tower locations and other information necessary to support the
current NOTAM/AMOC process. Therefore, the FAA will not be able to
extend the June 30, 2023, date.
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. This AD is adopted as proposed in the
NPRM.
Interim Action
The FAA considers this AD to be an interim action. Once the
Technical Standard Order (TSO) standard for radio altimeters is
established, which will follow the existing international technical
consensus on the establishment of the minimum operational performance
standards (MOPS), the FAA anticipates that the MOPS will be
incorporated into the TSO. Once a new radio altimeter TSO is developed,
approved, and available,
[[Page 40012]]
the FAA might consider additional rulemaking.
Effective Date
Section 553(d) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) requires publication of a rule not less than 30 days
before its effective date. However, section 553(d) authorizes agencies
to make rules effective in less than 30 days when the agency finds
``good cause.'' Radio altimeters cannot be relied upon to perform their
intended function if they experience interference from wireless
broadband operations in the 5G C-Band. This interference can cause
other airplane systems to 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. To
address this unsafe condition, the actions required by this AD must be
accomplished before the compliance date of June 30, 2023. The FAA based
this date on the changes to the 5G C-Band environment beginning on July
1, 2023. These changes include increased wireless broadband deployment
and transmissions closer to the parameters authorized by the FCC. The
earlier operators learn of the requirements in this AD, the earlier
they can take action to ensure compliance. An effective date less than
30 days would ensure the AD is codified earlier, thereby increasing
awareness of its requirements. Therefore, the FAA finds that good cause
exists pursuant to 5 U.S.C. 553(d) for making this amendment
immediately effective.
Costs of Compliance
The cost information below describes the costs to change the AFM.
Although this AD largely maintains the AFM limitations currently
required by AD 2022-03-20, the FAA acknowledges that this AD may also
impose costs on some aircraft operators from having to change their
conduct to comply with the amended AFM. However, the FAA lacks the data
necessary to quantify the costs associated with aircraft operators
changing their conduct.
The FAA estimates that this AD affects 276 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 (retained actions from AD 1 work-hour \1\ x $85 $0 $85 $23,460
2022-03-20). per hour = $85.
New AFM revisions (new action)........ 1 work-hour x $85 per 0 85 \2\ 23,460
hour = $85.
----------------------------------------------------------------------------------------------------------------
\1\ The labor rate of $85 per hour is the average wage rate for an aviation mechanic.
\2\ The estimated cost for this revision would not constitute a significant economic impact (even for small
entities) because $85 is a minimal cost compared to the regular costs of maintaining and operating a Model 737-
8, 737-9, or 737-8200 transport category airplane.
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
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:
0
a. Removing Airworthiness Directive (AD) 2022-03-20, Amendment 39-21937
(87 FR 4787, January 31, 2022), and
0
b. Adding the following new AD:
2023-12-11 The Boeing Company: Amendment 39-22469; Docket No. FAA-
2023-0671; Project Identifier AD-2022-01428-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 21, 2023.
(b) Affected ADs
This AD replaces AD 2022-03-20, Amendment 39-21937 (87 FR 4787,
January 31, 2022) (AD 2022-03-20).
(c) Applicability
This AD applies to all The Boeing Company 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
[[Page 40013]]
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
(1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
(2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
(i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
BILLING CODE 4910-13-P
Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR21JN23.108
(ii) Tolerance to radio altimeter interference, for the spurious
emissions (3.7-3.98 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.
[[Page 40014]]
Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR21JN23.109
(3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
(4) Runway condition codes are defined in figure 3 to paragraph
(g)(4) of this AD.
Figure 3 to paragraph (g)(4)--Runway Condition Codes
[[Page 40015]]
[GRAPHIC] [TIFF OMITTED] TR21JN23.110
(h) Retained Airplane Flight Manual (AFM) Revision
This paragraph restates the requirements of paragraph (h) of AD
2022-03-20.
(1) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Limitations Section of the existing AFM
to include the information specified in figure 4 to paragraph (h)(1)
of this AD. This may be done by inserting a copy of figure 4 to
paragraph (h)(1) of this AD into the existing AFM.
Figure 4 to paragraph (h)(1)--AFM Limitations Revisions
[GRAPHIC] [TIFF OMITTED] TR21JN23.111
[[Page 40016]]
(2) Within 2 days after January 31, 2022 (the effective date of
AD 2022-03-20): Revise the Operating Procedures Section of the
existing AFM to include the information specified in figure 5 to
paragraph (h)(2) of this AD. This may be done by inserting a copy of
figure 5 to paragraph (h)(2) of this AD into the existing AFM.
Figure 5 to paragraph (h)(2)--AFM Operating Procedures Revision
[GRAPHIC] [TIFF OMITTED] TR21JN23.112
[[Page 40017]]
[GRAPHIC] [TIFF OMITTED] TR21JN23.113
[[Page 40018]]
[GRAPHIC] [TIFF OMITTED] TR21JN23.114
[[Page 40019]]
[GRAPHIC] [TIFF OMITTED] TR21JN23.115
[[Page 40020]]
[GRAPHIC] [TIFF OMITTED] TR21JN23.116
[[Page 40021]]
[GRAPHIC] [TIFF OMITTED] TR21JN23.117
(i) New Requirement: AFM Revision for Non-Radio Altimeter Tolerant
Airplanes
For non-radio altimeter tolerant airplanes, do the actions
specified in paragraphs (i)(1) and (2) of this AD.
(1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 6
to paragraph (i) of this AD. This may be done by inserting a copy of
figure 6 to paragraph (i) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
(2) Before further flight after incorporating the limitations
specified in figure 6 to paragraph (i) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.
[[Page 40022]]
Figure 6 to paragraph (i)--AFM Revision for Non-Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TR21JN23.118
(j) New Requirement: AFM Revision for Radio Altimeter Tolerant
Airplanes
For radio altimeter tolerant airplanes, do the actions specified
in paragraphs (j)(1) and (2) of this AD.
(1) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure 7
to paragraph (j) of this AD. This may be done by inserting a copy of
figure 7 to paragraph (j) of this AD into the existing AFM.
Incorporating the AFM revision required by this paragraph terminates
the AFM revision required by paragraph (h)(1) of this AD.
(2) Before further flight after incorporating the limitations
specified in figure 7 to paragraph (j) of this AD, remove the AFM
revision required by paragraph (h)(1) of this AD.
[[Page 40023]]
Figure 7 to paragraph (j)--AFM Revision for Radio Altimeter Tolerant
Airplanes
[GRAPHIC] [TIFF OMITTED] TR21JN23.119
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, 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,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the Operational Safety Branch, 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#62232f2d21220403034c050d14"><span class="__cf_email__" data-cfemail="62232f2d21220403034c050d14">[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 requirements
specified in paragraph (h) of this AD until June 30, 2023.
(l) Related Information
For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#80eff0e5f2e1f4e9efeee1ecf3e1e6e5f4f9c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="c7a8b7a2b5a6b3aea8a9a6abb4a6a1a2b3be87a1a6a6e9a0a8b1">[email protected]</span></a>.
(m) Material Incorporated by Reference
None.
Issued on June 9, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-13152 Filed 6-16-23; 11:15 am]
BILLING CODE 4910-13-C
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.