[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
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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
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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 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).
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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
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Cost per
Action Labor cost Parts cost product
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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 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]
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