[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Rules and Regulations]
[Pages 18862-18868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06923]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0605; Product Identifier 2019-NM-093-AD; Amendment 
39-19852; AD 2020-04-15]
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 757 airplanes and Model 767-200, -300, and -
300F series airplanes. This AD was prompted by reports of excessively 
high flight deck or cabin temperatures. This AD requires revising 
certificate limitations and operating procedures of the existing 
airplane flight manual (AFM), to provide the flightcrew with procedures 
for hot flight deck or cabin temperatures to follow under certain 
conditions. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective May 8, 2020.

ADDRESSES: 

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-
0605; 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 (phone: 800-647-
5527) 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: Susan L. Monroe, Aerospace Engineer, 
Cabin Safety and Environmental Systems Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3570; 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 757 airplanes and Model 767-200, -300, and -300F series 
airplanes. The NPRM published in the Federal Register on August 20, 
2019 (84 FR 43080). The NPRM was prompted by reports of excessively 
high flight deck or cabin temperatures. The NPRM proposed to require 
revising certificate limitations and operating procedures of the 
existing AFM to provide the flightcrew with procedures for hot flight 
deck or cabin temperatures to follow under certain conditions.
    The FAA is issuing this AD to address excessively high flight deck 
or cabin temperatures, which may inhibit safe operation of the airplane 
by the flightcrew and contribute to loss of continued safe flight and 
landing, or may cause physiological distress to passengers and cabin 
crew.

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

    The Air Line Pilots Association, International (ALPA), 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) ST01518SE or STC ST01920SE does 
not affect the accomplishment of the manufacturer's service 
instructions.
    The FAA agrees with the commenter that neither STC ST01518SE nor 
STC ST01920SE affect the accomplishment of the manufacturer's service 
instructions. Therefore, the installation of STC ST01518SE or STC 
ST01920SE does not affect the ability to accomplish the actions 
required by this AD. The AD has not been changed in this regard.

Request To Correct a Checklist Step

    Boeing requested to remove ``100%'' from the non-normal checklist 
step for Oxygen Masks and Regulators. The commenter noted that the 100% 
oxygen specified in the operating procedures is not correct for this 
particular situation on the airplane. According to Boeing, the 
flightcrew should be using the normal diluter demand mask regulator 
position, which is described in the non-normal checklist introduction 
in the Quick Reference Handbook part of the Flight Crew Operations 
Manual.
    The FAA agrees with Boeing's assessment and request. The ``100%'' 
indication has been removed from the non-normal checklist step for 
Oxygen Masks and Regulators in figures 4, 5, 6, and 7 to paragraph 
(g)(2) of this AD.

Request To Not Require New Certificate Limitation

    American Airlines and United Airlines requested to remove the 
proposed requirement to revise the existing AFM certificate limitation 
chapter with a new certificate limitation. American Airlines also 
requested that if the requirement is not removed, figure 3 to paragraph 
(g)(1) of this AD be revised to specify the ``Quick Reference 
Handbook,'' rather than the ``Operating Procedures chapter of this 
manual.'' The commenters asserted that the Cabin Temperature Hot 
procedures currently exist in other reference material, and that 
operators will continue to follow those procedures. United Airlines 
further asserted that no precedent exists for adding a certificate 
limitation directing the accomplishment of an emergency or non-normal 
checklist.
    The FAA does not agree to this request because the revision of the 
certificate limitation chapter makes the Cabin Temperature Hot 
procedures mandatory. The revised certificate limitation chapter also 
provides awareness to operators and flight standards that the actions 
are related to an unsafe condition and cannot be modified. As to the 
additional request to specify the ``Quick Reference Handbook,'' that 
publication cannot be specified because it is not controlled nor 
approved by the FAA. This requirement has not been changed in this AD.

Request Concerning a Planned Technical Solution

    Lufthansa Technik (Lufthansa) asked whether a preventive technical 
solution, rather than the proposed reactive one, would be provided and 
mandated for the unsafe condition. The commenter said a technical 
solution such as a modification would prevent operators from getting 
into the situation that creates the unsafe condition.
    The FAA agrees that a preventive technical solution to the unsafe 
condition would be a better option. Although no technical solution has 
yet been provided or proposed by Boeing, the corrective action required 
by this AD provides an adequate level of safety. Should we receive a 
technical solution from Boeing, the FAA may consider further 
rulemaking. The AD has not been changed with regard to this request.

[[Page 18863]]

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 with the changes described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Costs of Compliance

    The FAA estimates that this AD affects 866 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM Revision..........................  1 work-hour x $85 per                 $0             $85         $73,610
                                         hour = $85.
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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.

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):

2020-04-15 The Boeing Company: Amendment 39-19852 ; Docket No. FAA-
2019-0605; Product Identifier 2019-NM-093-AD.

(a) Effective Date

    This AD is effective May 8, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company airplanes specified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category.
    (1) Model 757-200, -200PF, -200CB, and -300 series airplanes.
    (2) Model 767-200, -300, and -300F series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air 
conditioning.

(e) Unsafe Condition

    This AD was prompted by reports of excessively high flight deck 
or cabin temperatures. The FAA is issuing this AD to address this 
condition, which may inhibit safe operation of the airplane by the 
flightcrew and contribute to loss of continued safe flight and 
landing, or may cause physiological distress to passengers and cabin 
crew.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revisions

    Within 60 days after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (2) of this AD.
    (1) Revise the ``Certificate Limitations'' chapter of the 
existing AFM to include the information specified in figure 1 to 
paragraph (g)(1), figure 2 to paragraph (g)(1), or figure 3 to 
paragraph (g)(1) of this AD, as applicable. This may be accomplished 
by inserting a copy of this AD into the existing AFM. When 
information identical to that in figure 1 to paragraph (g)(1), 
figure 2 to paragraph (g)(1), or figure 3 to paragraph (g)(1) of 
this AD has been included in the ``Certificate Limitations'' chapter 
of the general revisions of the existing AFM, the general revisions 
may be inserted into the existing AFM, and the copy of this AD may 
be removed from the existing AFM.

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    (2) Revise the ``Operating Procedures'' chapter of the existing 
AFM to include the information specified in figure 4 to paragraph 
(g)(2), figure 5 to paragraph (g)(2), figure 6 to paragraph (g)(2), 
or figure 7 to paragraph (g)(2) of this AD, as applicable. This may 
be accomplished by inserting a copy of this AD into the existing 
AFM. When information identical to that in figure 4 to paragraph 
(g)(2), figure 5 to paragraph (g)(2), figure 6 to paragraph (g)(2), 
or figure 7 to paragraph (g)(2) of this AD has been included in the 
``Operating Procedures'' chapter of the general revisions of the 
existing AFM, the general revisions may be inserted into the 
existing AFM, and the copy of this AD may be removed from the 
existing AFM.

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(h) 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 (i) 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.

(i) Related Information

    For more information about this AD, contact Susan L. Monroe, 
Aerospace Engineer, Cabin Safety and Environmental Systems Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3570; email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on March 24, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-06923 Filed 4-2-20; 8:45 am]
BILLING CODE 4910-13-P