[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32341-32343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14284]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0478; Product Identifier 2019-NM-040-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-12-07, which applies to certain The Boeing Company Model 737-800, 
-900, and -900ER series airplanes. AD 2017-12-07 requires replacing the 
affected left temperature control valve and control cabin trim air 
modulating valve. Since the FAA issued AD 2017-12-07, the agency 
determined that the affected parts may be installed on airplanes 
outside the original applicability of AD 2017-12-07. This proposed AD 
would retain the requirements of AD 2017-12-07, 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 proposing this AD to address the unsafe condition on 
these products.

DATES: The FAA must receive comments on this proposed AD by August 22, 
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 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-2019-0478.

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-2019-
0478; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Julie Moon, Aerospace Engineer, Cabin 
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3571; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2019-0478; 
Product Identifier 2019-NM-040-AD'' at the beginning of your comments. 
The agency specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The agency 
will consider all comments received by the closing date and may amend 
this NPRM because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this proposed AD.

Discussion

    The FAA issued AD 2017-12-07, Amendment 39-18922 (82 FR 27416, June 
15, 2017) (``AD 2017-12-07''), for certain The Boeing Company Model 
737-800, -900, and -900ER series airplanes. AD 2017-12-07 requires 
replacing the affected left temperature control valve and control cabin 
trim air modulating valve. AD 2017-12-07 resulted from reports of in-
flight failure of the left temperature control valve and control cabin 
trim air modulating valve. The FAA issued AD 2017-12-07 to address the 
possible occurrence of 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 flightcrew and prevent continued safe 
flight and landing.

Actions Since AD 2017-12-07 Was Issued

    Since AD 2017-12-07 was issued, it has been determined that the 
affected parts may be installed as rotable spares on airplanes outside 
of the applicability of AD 2017-12-07, thereby subjecting those 
airplanes to the unsafe condition.

Related Service Information Under 1 CFR Part 51

    This proposed AD would require Boeing Alert Service Bulletin 737-
21A1203, dated June 8, 2016, which the Director of the Federal Register 
approved for incorporation by reference as of July 20, 2017 (82 FR 
27416, June 15, 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.

FAA's Determination

    The FAA is proposing this AD because the agency 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 retain all requirements of AD 2017-12-07, 
and expand the applicability to include all The Boeing Company Model 
737-800, -900, and -900ER series airplanes. This proposed AD would also 
require an inspection or records check to identify the part number of 
the affected parts, and for airplanes with affected parts, 
accomplishing the actions specified in the service information 
described previously, except as discussed under

[[Page 32342]]

``Differences Between this Proposed AD and the Service Information.''
    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-2019-0478.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Service Bulletin 737-21A1203, dated 
June 8, 2016, is limited to certain The Boeing Company Model 737-800, -
900, and -900ER series airplanes. However, the applicability of this 
proposed AD includes all The Boeing Company Model 737-800, -900, and -
900ER series airplanes. Because the affected parts are rotable parts, 
the FAA has determined that these parts could later be installed on 
airplanes that were initially delivered with acceptable parts, thereby 
subjecting those airplanes to the unsafe condition. This difference has 
been coordinated with Boeing.

Costs of Compliance

    The FAA estimates that this proposed AD affects 2,027 airplanes of 
U.S. registry. The agency estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                        Cost per
             Action                  Labor cost        Parts cost        product        Cost on U.S. operators
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Inspection/records check (new    1 work-hour x $85               $0             $85  Up to $145,180.
 proposed actions) (Up to 1,708   per hour = $85.
 airplanes).
Replacement (retained actions    9 work-hours x $85           4,800           5,565  Up to $1,775,235.
 from AD 2017-12-07) (Up to 319   per hour = $765.
 airplanes).
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    The agency estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
proposed inspection or records check. The agency has no way of 
determining the number of aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  9 work-hours x $85 per hour =             $4,800          $5,565
                                                 $765.
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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.
    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 category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA has 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 that the proposed 
regulation:
    (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 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 removing Airworthiness Directive (AD) 
2017-12-07, Amendment 39-18922 (82 FR 27416, June 15, 2017), and adding 
the following new AD:

The Boeing Company: Docket No. FAA-2019-0478; Product Identifier 
2019-NM-040-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by August 22, 
2019.

[[Page 32343]]

(b) Affected ADs

    This AD replaces AD 2017-12-07, Amendment 39-18922 (82 FR 27416, 
June 15, 2017).

(c) Applicability

    This AD applies to all The Boeing Company Model 737-800, -900, 
and -900ER series airplanes, certificated in any category.

(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. The FAA is issuing this AD to address the possible occurrence 
of 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 flightcrew and prevent continued safe flight and 
landing.

(f) Compliance

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

(g) Retained Valve Replacement, With Revised Compliance Language

    This paragraph restates the requirements of paragraph (g) of AD 
2017-12-07 with revised compliance language. For airplanes 
identified in Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016: Within 60 months after July 20, 2017 (the effective date of 
AD 2017-12-07), 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) New Valve Identification and Replacement

    For airplanes not identified in paragraph (g) of this AD with an 
original certificate of airworthiness or an original export 
certificate of airworthiness dated on or before the effective date 
of this AD, do the actions specified in paragraphs (h)(1) and (h)(2) 
of this AD.
    (1) Within 60 months after the effective date of this AD, 
perform a general visual inspection of the left temperature control 
valve and control cabin trim air modulating valve to determine the 
valve part numbers. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part numbers of the 
valves can be conclusively determined from that review.
    (2) If the left temperature control valve or control cabin trim 
air modulating valve has part number 398908-4: Within 60 months 
after the effective date of this AD, replace the left temperature 
control valve or control cabin trim air modulating valve in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-21A1203, dated June 8, 2016.

(i) Parts Installation Prohibition

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

(j) 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 (k)(1) 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 Company Organization Designation 
Authorization (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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(j)(4)(i) and (j)(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.

(k) Related Information

    (1) For more information about this AD, contact Julie Moon, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3571; email: [email protected].
    (2) 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 June 24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-14284 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-13-P