[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Proposed Rules]
[Pages 58196-58199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25001]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0961; Product Identifier 2018-NM-121-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and 
-500 series airplanes. This proposed AD was prompted by reports 
indicating that the pitot heat switch is not always set to ON, which 
could result in misleading air data. This proposed AD would require 
replacement of pitot anti-icing system components, installation of a 
junction box and wiring provisions, repetitive testing of the anti-
icing system, and applicable on-condition actions. We are proposing 
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 3, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 
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 http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0961.

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-2018-
0961; 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 NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

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: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-

[[Page 58197]]

2018-0961; Product Identifier 2018-NM-121-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. We will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports indicating that the pitot heat switch is 
not always set to ON. The failure to activate the manually activated 
pitot anti-icing system likely resulted in misleading air data that 
contributed to an accident and three incidents involving Boeing Model 
737 airplanes. This condition, if not addressed, could result in the 
air data sensors not being heated, which could allow ice to form on the 
sensors and cause erroneous air data. This erroneous air data can lead 
to loss of crew situational awareness and an inability to maintain 
continued safe flight and landing of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-30A1064, Revision 1, 
dated October 18, 2017. The service information describes procedures 
for replacement and repetitive testing of the P5-9 window and pitot 
heat module, changing the anti-icing system to automatically supply 
power to heat the air data sensors. If flight crews fail to activate it 
manually, the anti-icing system will come on automatically after engine 
start.
    We also reviewed the following concurrent service information.
     Boeing Service Bulletin 737-30-1067, Revision 1, dated May 
4, 2017. This service information describes procedures for installing a 
new J18 junction box to change the anti-icing system.
     Boeing Service Bulletin 737-30-1068, Revision 1, dated May 
4, 2017. This service information describes procedures for installing 
wiring provisions to the anti-icing system.
    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.

Minimum Equipment List (MEL) Provision

    Operators are required by 14 CFR part 91 to have an MEL to operate 
with inoperable equipment. Paragraph (l) of this proposed AD allows for 
the operation of the airplane even if the modified air data probe heat 
(ADPH) system is inoperable, so long as the operator's MEL has a 
provision to allow for this inoperability.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified as ``RC'' (required for compliance) in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision 1, 
dated October 18, 2017, described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.
    This proposed AD would also require accomplishing the actions 
specified in Boeing Service Bulletin 737-30-1067, Revision 1, dated May 
4, 2017; and Boeing Service Bulletin 737-30-1068, Revision 1, dated May 
4, 2017, described previously.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0961.

Costs of Compliance

    We estimate that this proposed AD affects 296 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
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Replacement (Boeing Alert         6 work-hours x $85 per             $0  $510...............  $150,960.
 Service Bulletin 737-30A1064).    hour = $510.
Repetitive tests (Boeing Alert    5 work-hours x $85 per              0  $425 per inspection  $125,800 per
 Service Bulletin 737-30A1064).    hour = $425 per                        cycle.               inspection cycle.
                                   inspection cycle.
J18 Junction box installation     Up to 75 work-hours x          23,614  Up to $29,989......  Up to $8,876,744.
 (Boeing Service Bulletin 737-30-  $85 per hour = $6,375.
 1067).
Installation of wire provisions   Up to 193 work-hours x          4,800  Up to $21,205......  Up to $6,276,680.
 (Boeing Service Bulletin 737-30-  $85 per hour = $16,405.
 1068).
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    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport

[[Page 58198]]

category airplanes to the Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

The Boeing Company: Docket No. FAA-2018-0961; Product Identifier 
2018-NM-121-AD.

(a) Comments Due Date

    We must receive comments by January 3, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
30A1064, Revision 1, dated October 18, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the pitot heat 
switch is not always set to ON, which could result in misleading air 
data. We are issuing this AD to address misleading air data, which 
can lead to loss of crew situational awareness and could ultimately 
result in the inability to maintain continued safe flight and 
landing.

(f) Compliance

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

(g) Actions for Group 5

    For airplanes identified as Group 5 in Boeing Alert Service 
Bulletin 737-30A1064, Revision 1, dated October 18, 2017: Within 120 
days after the effective date of this AD, inspect the airplane and 
do all applicable on-condition actions using a method approved in 
accordance with the procedures specified in paragraph (m) of this 
AD.

(h) Required Actions for Groups 1 Through 4

    Except as specified by paragraph (j) of this AD, for airplanes 
identified as Groups 1 through 4 in Boeing Alert Service Bulletin 
737-30A1064, Revision 1, dated October 18, 2017: At the applicable 
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, do 
all applicable actions identified as ``RC'' (required for 
compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision 
1, dated October 18, 2017.

(i) Concurrent Requirements

    For airplanes identified as Groups 1 through 4 in Boeing Alert 
Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017: 
Prior to or concurrently with the action required by paragraph (h) 
of this AD, install a new J18 junction box to change the anti-icing 
system, in accordance with the Accomplishment Instructions of Boeing 
Service Bulletin 737-30-1067, Revision 1, dated May 4, 2017, and 
install wiring provisions to the anti-icing system, in accordance 
with the Accomplishment Instructions of Boeing Service Bulletin 737-
30-1068, Revision 1, dated May 4, 2017.

(j) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of 
this AD: Where Boeing Alert Service Bulletin 737-30A1064, Revision 
1, dated October 18, 2017, uses the phrase ``the original issue date 
of this service bulletin,'' this AD requires using ``the effective 
date of this AD.''

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 737-
30A1064, dated May 4, 2017, provided that step 15 for Groups 1 
through 4, as applicable, of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October 
18, 2017, is done at the applicable times specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-30A1064, 
Revision 1, dated October 18, 2017, or within 180 days after the 
effective date of this AD, whichever occurs later.

(l) Minimum Equipment List (MEL)

    In the event that the air data probe heat (ADPH) system as 
modified by this AD is inoperable, an airplane may be operated as 
specified in the operator's MEL, provided the MEL includes 
provisions that address the modified ADPH system.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (n)(2) 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, Los Angeles 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) For service information that contains steps that are labeled 
as RC, the provisions of paragraphs (m)(4)(i) and (m)(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.

[[Page 58199]]

(n) Related Information

    (1) 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: [email protected].
    (2) For information about AMOCs, contact Jeffrey W. Palmer, 
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5851; fax: 562-627-5210; email: 
[email protected].
    (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. You may view this referenced 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.

    Issued in Des Moines, Washington, on November 7, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25001 Filed 11-16-18; 8:45 am]
 BILLING CODE 4910-13-P