[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Rules and Regulations]
[Pages 2867-2869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00700]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Rules 
and Regulations  

[[Page 2867]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0478; Product Identifier 2019-NM-040-AD; Amendment 
39-19817; AD 2020-01-11]
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) 2017-12-
07, which applied to certain The Boeing Company Model 737-800, -900, 
and -900ER series airplanes. AD 2017-12-07 required replacing the 
affected left temperature control valve and control cabin trim air 
modulating valve. This AD retains the requirements of AD 2017-12-07, 
expands the applicability to include additional airplanes, and adds a 
new requirement for certain airplanes to identify and replace the 
affected parts. 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 unsafe 
condition on these products.

DATES: This AD is effective February 21, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 20, 
2017 (82 FR 27416, June 15, 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 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 https://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 https://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 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: 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:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede 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. The NPRM 
published in the Federal Register on July 8, 2019 (84 FR 32341). The 
NPRM was prompted by reports of in-flight failure of the left 
temperature control valve and control cabin trim air modulating valve, 
and a determination that the affected parts may be installed on 
airplanes outside the applicability of AD 2017-12-07. The NPRM proposed 
to 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 
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.

Comments

    The FAA 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

    United Airlines; The Air Line Pilots Association, International 
(ALPA); Boeing; Southwest Airlines; and Patrick Imperatrice expressed 
support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE does not affect the 
accomplishment of the manufacturer's service instructions.
    The FAA agrees 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. This AD has not 
been changed regarding this issue.

Request To Allow Future Part Numbers Without Alternate Method of 
Compliance (AMOC)

    Southwest Airlines requested that the FAA allow future valve part 
numbers to be installed without the need for an AMOC, because the 
unsafe condition only exists when a part number (P/N) 398908-4 valve is 
installed in the left temperature control or control cabin trim air 
modulating position.
    The FAA disagrees with the commenter's request because the only 
valve part numbers currently approved as replacements for P/N 398908-4 
are P/Ns 398908-3 and 398908-5. These approved part numbers must be 
installed to address the identified unsafe condition. If additional 
part numbers are approved as design changes in the future, the design 
approval holder or operator may request approval of an AMOC using the 
procedures in paragraph (j) of this AD. This AD has not been changed 
regarding this issue.

[[Page 2868]]

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD 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

    This AD requires 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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per
               Action                        Labor cost         Parts cost    product    Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspection/records check (new         1 work-hour x $85 per             $0          $85  Up to
 actions) (up to 1,708 airplanes).     hour = $85.                                       $145,180.
Replacement (retained actions from    9 work-hours x $85 per         4,800        5,565  Up to
 AD 2017-12-07) (up to 319             hour = $765.                                      $1,775,235.
 airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection or records check. The FAA 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.
----------------------------------------------------------------------------------------------------------------

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

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

2020-01-11 The Boeing Company: Amendment 39-19817; Docket No. FAA-
2019-0478; Product Identifier 2019-NM-040-AD.

(a) Effective Date

    This AD is effective February 21, 2020.

(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.

[[Page 2869]]

(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 (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) 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 (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

    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].

(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.
    (3) The following service information was approved for IBR on 
July 20, 2017 (82 FR 27417, June 15, 2017).
    (i) Boeing Alert Service Bulletin 737-21A1203, dated June 8, 
2016.
    (ii) [Reserved]
    (4) 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.
    (5) 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.
    (6) 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 10, 2020.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-00700 Filed 1-16-20; 8:45 am]
 BILLING CODE 4910-13-P