[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27416-27419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9432; Directorate Identifier 2016-NM-116-AD; 
Amendment 39-18922; AD 2017-12-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 27417]]

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-800, -900, and -900ER series airplanes. 
This AD was prompted by reports of in-flight failure of the left 
temperature control valve and control cabin trim air modulating valve. 
This AD requires replacing the left temperature control valve and 
control cabin trim air modulating valve. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective July 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 20, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9432.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9432; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Stanley Chen, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We 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 737-800, -900, and -900ER series airplanes. The NPRM published in 
the Federal Register on December 5, 2016 (81 FR 87494). The NPRM was 
prompted by reports of in-flight failure of the left temperature 
control valve and control cabin trim air modulating valve. The NPRM 
proposed to require replacing the left temperature control valve and 
control cabin trim air modulating valve. We are issuing this AD to 
prevent temperatures in excess of 100 degrees Fahrenheit in the flight 
deck or the passenger cabin during cruise, which could lead to the 
impairment of the flight crew and prevent continued safe flight and 
landing.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International and United Airlines 
(UAL) stated that they support the NPRM.

Request To Clarify the Unsafe Condition

    Boeing requested that we change a sentence in the Discussion 
section of the NPRM from ``This condition, if not corrected, could 
result . . . .'' to ``This condition, if not corrected or mitigated by 
crew completion of the cabin temperature hot procedure under Section 
2.8 of the quick reference handbook (QRH), could result. . . .'' Boeing 
stated that the cabin temperature hot procedure was created 
specifically to address failed open temperature control valves. They 
further stated that this procedure is an effective remedy for failed 
valves and enhances safety.
    We disagree with the request to revise the description of the 
unsafe condition in the Discussion section. More than half of the 
affected fleets are operated by non-U.S. air carriers, who are not 
required to incorporate the revised Flight Crew Operations Manual 
(FCOM), which includes the QRH. Since this AD does not require 
incorporation of the FCOM, or the QRH, and instead requires replacement 
of two control valves, we do not find it appropriate to reference the 
QRH as a mitigating factor in the description of the unsafe condition. 
We have not changed this AD regarding this issue.

Request To Allow Maintenance Records Review To Determine Installed 
Parts

    Alaska Airlines (Alaska) asked that we revise paragraph (g) of the 
proposed AD, which mandates replacement of certain valves, to state 
that a records review is acceptable for compliance with the 
requirements of that paragraph (by determining which valves must be 
replaced). Alaska noted that a similar statement is included as a note 
in Boeing Alert Service Bulletin 737-21A1203, dated June 8, 2016, and 
that the note and steps 3.B.1.c. and 3.B.1.d. of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016, are not Required for Compliance (RC). (We note that those 
steps state that no further action is required for nondiscrepant 
parts.) Alaska indicated that because the NPRM does not include a 
similar statement, an airline doing only a records check, and finding 
no discrepant parts, could be considered non-compliant.
    We agree with the commenter. Paragraph (g) of this AD requires 
replacing certain valves in accordance with the Accomplishment 
Instructions in Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016. We did not intend for operators to need an alternative method 
of compliance (AMOC) to address the situation described by the 
commenter. Therefore, we have revised paragraph (g) of this AD to add 
the phrase ``as applicable'' to the requirement for valve replacements 
so that operators will not need an AMOC if the correct valve is already 
installed.

Request To Correct the Manufacturer Information

    UAL stated that the header section of the NPRM referenced the wrong 
aircraft manufacturer, reading: ``Proposed Rule: Airworthiness 
Directives: Bombardier, Inc. Airplanes.'' UAL noted that it should say 
The Boeing Company Airplanes.
    We acknowledge the commenter's concern. However, the NPRM correctly 
identifies the manufacturer as Boeing, as published in the Federal 
Register. It was the docket in the Federal Docket Management System 
(FDMS) that incorrectly identified the manufacturer as Bombardier. This 
information has been corrected. Therefore, we have not changed this 
final rule regarding this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC)

[[Page 27418]]

ST00830SE does not affect the accomplishment of the manufacturer's 
service instructions.
    We agree 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. We have not changed this AD 
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that this change will not increase the economic 
burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016. The service information describes procedures for replacing the 
left temperature control valve and control cabin trim air modulating 
valve, part number 398908-4, with new part number 398908-3 or 398908-5. 
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

    We estimate that this AD affects 319 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
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Replacement of valves..........  9 work-hours x $85 per           $4,800  $5,565 per valve..  $1,775,235 per
                                  hour = $765 per valve.                                       valve.
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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.
    We are 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 adding the following new airworthiness 
directive (AD):

2017-12-07 The Boeing Company: Amendment 39-18922; Docket No. FAA-
2016-9432; Directorate Identifier 2016-NM-116-AD.

(a) Effective Date

    This AD is effective July 20, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-800, -900, and -
900ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 737-21A1203, dated June 8, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
conditioning.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight failure of the left 
temperature control valve and control cabin trim air modulating 
valve. We are issuing this AD to prevent temperatures in excess of 
100 degrees Fahrenheit in the flight deck or the passenger cabin 
during cruise, which could lead to the impairment of the flight crew 
and prevent continued safe flight and landing.

(f) Compliance

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

(g) Replacement of the Left Temperature Control Valve and Control Cabin 
Trim Air Modulating Valve

    Within 60 months after the effective date of this AD, replace 
the left temperature control valve and control cabin trim air 
modulating valve, as applicable, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
21A1203, dated June 8, 2016.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
temperature control valve, part number 398908-4, in either the left 
temperature control valve location or the control cabin trim air 
modulating valve location on any Model 737-800, -900, or -900ER 
airplane.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14

[[Page 27419]]

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 ACO, send it to the attention of the person identified in 
paragraph (j) of this AD. Information may be emailed to: [email protected].
    (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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(4)(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.

(j) Related Information

    For more information about this AD, contact Stanley Chen, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6585; fax: 425-917-6590; email: 
[email protected].

(k) 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 the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-21A1203, dated June 8, 
2016.
    (ii) Reserved.
    (3) 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 https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12172 Filed 6-14-17; 8:45 am]
BILLING CODE 4910-13-P