[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35287-35290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15518]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0114; Product Identifier 2018-NM-146-AD; Amendment 
39-19680; AD 2019-14-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 737 series airplanes. This AD was prompted by 
a

[[Page 35288]]

report that structural fatigue cracks can develop in certain aluminum 
pressure module check valves prior to the design limit. This AD 
requires an inspection to determine the part numbers of the four 
hydraulic systems A and B pressure module check valves and applicable 
on-condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 27, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 27, 
2019.

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; phone: 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-
0114.

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-
0114 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, the regulatory evaluation, 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: Douglas Tsuji, Senior Aerospace 
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3548; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all The Boeing Company 
Model 737 series airplanes. The NPRM published in the Federal Register 
on March 1, 2019 (84 FR 6981). The NPRM was prompted by a report that 
structural fatigue cracks can develop in certain aluminum pressure 
module check valves prior to the design limit. The NPRM proposed to 
require an inspection to determine the part numbers of the four 
hydraulic systems A and B pressure module check valves and applicable 
on-condition actions.
    The FAA is issuing this AD to address structural fatigue cracks in 
certain aluminum pressure module check valves, which could cause 
separation of the check valve head from the check valve body when 
hydraulic pressure is applied, resulting in injuries to maintenance 
personnel.

Comments

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

Support for the NPRM

    Two commenters supported the NPRM. United Airlines (UAL) agreed 
with the need for the NPRM. A private citizen also expressed support 
for the NPRM, but added that cost should not be an issue in relation to 
airplane safety, the cost of the proposed rule is especially low, and 
that the FAA has an ethical duty to protect the public by adopting the 
proposed rule.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE or STC ST01219SE does 
not affect the accomplishment of the manufacturer's service 
instructions.
    The FAA agrees with the commenter that STC ST00830SE and STC 
ST01219SE do not affect the accomplishment of the manufacturer's 
service instructions. Therefore, the installation of STC ST00830SE or 
STC ST01219SE does not affect the ability to accomplish the actions 
required by this AD. The FAA has not changed this AD in this regard.

Request To Change Applicability of the NPRM

    UAL requested that the FAA change the proposed applicability from 
including all The Boeing Company Model 737-8 and 737-9 airplanes, to 
use the effectivity specified in Boeing Special Attention Requirements 
Bulletin 737-29-1126 RB, dated October 2, 2018, which specifies The 
Boeing Company Model 737-8 and 737-9 airplanes, line numbers 5602 
through 7050. UAL mentioned that Boeing Special Attention Service 
Bulletin 737-29-1126, dated October 2, 2018, states that ``Airplanes 
after line number 7050 cannot use Parker check valves as an optional 
part,'' and that this statement is counter to the applicability stated 
in the NPRM. UAL stated the understanding of this statement to be that 
The Boeing Company Model 737-8 and 737-9 airplanes, line number 7051 
and later were delivered without part number (P/N) H61C0552M1; that the 
illustrated parts catalog (IPC) does not authorize installation of that 
part after delivery; and that omission from the IPC should ensure 
unapproved parts are not installed on The Boeing Company Model 737-8 
and 737-9 airplanes, line number 7051 and later; therefore providing an 
acceptable level of safety.
    The FAA disagrees with the request to change the applicability of 
this AD. The FAA does not control or approve the Boeing IPC, and P/N 
H61C0552M1 is considered a rotable part. Therefore, the FAA has 
determined that these parts could later be installed on airplanes that 
were initially delivered with acceptable parts, making those airplanes 
subject to the unsafe condition. The FAA has not changed this AD in 
this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information.
     Boeing Special Attention Requirements Bulletin 737-29-1123 
RB, dated October 2, 2018.
     Boeing Special Attention Requirements Bulletin 737-29-1126 
RB, dated October 2, 2018.
     Boeing Special Attention Requirements Bulletin 737-29-1127 
RB, dated October 8, 2018.
    The service information describes procedures for an inspection to 
determine the part numbers of the four hydraulic systems A and B 
pressure module check valves and applicable on-condition actions. On-
condition actions include replacement of Parker pressure module check 
valves, P/N

[[Page 35289]]

H61C0552M1, with Crissair pressure module check valves, P/N 1C4196. 
These documents are distinct since they apply to different airplane 
models.
    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

    The FAA estimates that this AD affects 1,747 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection for Parker pressure module   1 work-hour x $85 per                 $0             $85        $148,495
 check valves, P/N H61C0552M1.           hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions (per check valve replacement) that would be required. 
The FAA has no way of determining the number of aircraft that might 
need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....          $6,652           $6,822
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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 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

    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.

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):

2019-14-02 The Boeing Company: Amendment 39-19680; Docket No. FAA-
2019-0114; Product Identifier 2018-NM-146-AD.

(a) Effective Date

    This AD is effective August 27, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737 series 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
power.

(e) Unsafe Condition

    This AD was prompted by a report indicating that structural 
fatigue cracks can develop in certain aluminum pressure module check 
valves prior to the design limit. The FAA is issuing this AD to 
address structural fatigue cracks in certain aluminum pressure 
module check valves, which could cause separation of the check valve 
head from the check valve body when hydraulic pressure is applied, 
resulting in injuries to maintenance personnel.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified as Group 1 in Boeing Special 
Attention Requirements Bulletin 737-29-1127 RB, dated October 8, 
2018: 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 (j) of this AD.

[[Page 35290]]

    (2) Except as specified by paragraph (h)(3) of this AD: For 
airplanes identified as Groups 2 and 3 in Boeing Special Attention 
Requirements Bulletin 737-29-1127 RB, dated October 8, 2018, at the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Special Attention Requirements Bulletin 737-29-1127 RB, dated 
October 8, 2018, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Special 
Attention Requirements Bulletin 737-29-1127 RB, dated October 8, 
2018.
    Note 1 to paragraphs (g)(2) through (g)(4): Guidance for 
accomplishing the actions required by this AD can be found in Boeing 
Special Attention Service Bulletin 737-29-1123, dated October 2, 
2018; Boeing Special Attention Service Bulletin 737-29-1126, dated 
October 2, 2018; and Boeing Special Attention Service Bulletin 737-
29-1127, dated October 8, 2018; as applicable; which are referred to 
in Boeing Special Attention Requirements Bulletin 737-29-1123 RB, 
dated October 2, 2018; Boeing Special Attention Requirements 
Bulletin 737-29-1126 RB, dated October 2, 2018; and Boeing Special 
Attention Requirements Bulletin 737-29-1127 RB, dated October 8, 
2018; respectively.
    (3) Except as specified by paragraph (h)(1) of this AD: For 
Model 737-600, -700, -700C, -800, -900, and -900ER airplanes that 
have an original airworthiness certificate or export certificate of 
airworthiness issued on or before the effective date of this AD; at 
the applicable times specified in the ``Compliance'' paragraph of 
Boeing Special Attention Requirements Bulletin 737-29-1123 RB, dated 
October 2, 2018, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Special 
Attention Requirements Bulletin 737-29-1123 RB, dated October 2, 
2018.
    (4) Except as specified by paragraph (h)(2) of this AD: For 
Model 737-8 and 737-9 airplanes that have an original airworthiness 
certificate or export certificate of airworthiness issued on or 
before the effective date of this AD; at the applicable times 
specified in the ``Compliance'' paragraph of Boeing Special 
Attention Requirements Bulletin 737-29-1126 RB, dated October 2, 
2018, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Special Attention 
Requirements Bulletin 737-29-1126 RB, dated October 2, 2018.

(h) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of 
this AD:
    (1) Where Boeing Special Attention Requirements Bulletin 737-29-
1123 RB, dated October 2, 2018, uses the phrase ``the original issue 
date of Requirements Bulletin 737-29-1123 RB,'' this AD requires 
using ``the effective date of this AD.''
    (2) Where Boeing Special Attention Requirements Bulletin 737-29-
1126 RB, dated October 2, 2018, uses the phrase ``the original issue 
date of Requirements Bulletin 737-29-1126 RB,'' this AD requires 
using ``the effective date of this AD.''
    (3) Where Boeing Special Attention Requirements Bulletin 737-29-
1127 RB, dated October 8, 2018, uses the phrase ``the original issue 
date of Requirements Bulletin 737-29-1127 RB,'' this AD requires 
using ``the effective date of this AD.''

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
Parker pressure module check valve, part number (P/N) H61C0552M1, or 
hydraulic pressure module assembly, P/N 65-17821-( ) that contains a 
Parker pressure module check valve, P/N H61C0552M1, 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) 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.

(k) Related Information

    (1) For more information about this AD, contact Douglas Tsuji, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3548; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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 Special Attention Requirements Bulletin 737-29-1123 
RB, dated October 2, 2018.
    (ii) Boeing Special Attention Requirements Bulletin 737-29-1126 
RB, dated October 2, 2018.
    (iii) Boeing Special Attention Requirements Bulletin 737-29-1127 
RB, dated October 8, 2018.
    (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; phone: 562-797-1717; internet: https://www.myboeingfleet.com.
    (4) 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.
    (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 Des Moines, Washington, on July 11, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-15518 Filed 7-22-19; 8:45 am]
 BILLING CODE 4910-13-P