[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Rules and Regulations]
[Pages 48465-48467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17469]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / 
Rules and Regulations  

[[Page 48465]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0684; Project Identifier AD-2020-01032-T; 
Amendment 39-21204; AD 2020-16-51]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800, 
-900, and -900ER series airplanes. An emergency AD was sent to all 
known U.S. owners and operators of these airplanes. This AD requires 
inspections of the engine bleed air 5th stage check valve on each 
engine, and replacement of the engine bleed air 5th stage check valve 
if any inspection is not passed. This AD was prompted by four recent 
reports of single-engine shutdowns due to engine bleed air 5th stage 
check valves being stuck open. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective August 26, 2020 to all persons except those 
persons to whom it was made immediately effective by Emergency AD 2020-
16-51, issued on July 23, 2020, which contained the requirements of 
this amendment.
    The FAA must receive comments on this AD by September 25, 2020.

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 https://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.

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-2020-
0684; 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, 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: For Boeing Model 737-300, -400, and -
500 series airplanes, for further information about this AD, contact 
Serj Harutunian, Aerospace Engineer, Propulsion Section, FAA, Los 
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5254; fax: 562-627-5210; email: [email protected].
    For Boeing Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes, for further information about this AD, contact 
Rajendran Mohanraj, Aerospace Engineer, Propulsion Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone 
and fax: 206-231-3621; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On July 23, 2020, the FAA issued Emergency AD 2020-16-51, which 
applies to all The Boeing Company Model 737-300, -400, -500, -600, -
700, -700C, -800, -900, and -900ER series airplanes, AD 2020-16-51 
requires inspections of the engine bleed air 5th stage check valve on 
each engine, and replacement of the engine bleed air 5th stage check 
valve if any inspection is not passed. This emergency AD was sent to 
all known U.S. owners and operators of these airplanes. This action was 
prompted by four recent reports of single-engine shutdowns caused by 
engine bleed air 5th stage check valves stuck in the open position. 
This condition, if not addressed, could result in compressor stalls and 
dual-engine power loss without the ability to restart, which could 
result in a forced off-airport landing.

FAA's Determination

    The FAA is issuing 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.

AD Requirements

    This AD requires inspections of the engine bleed air 5th stage 
check valve on each engine, and replacement of the engine bleed air 5th 
stage check valve if any inspection is not passed.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
Emergency AD 2020-16-51, issued on July 23, 2020, to all known U.S. 
owners and operators of these airplanes. The FAA found that the risk to 
the flying public justified waiving notice and comment prior to 
adoption of this rule because corrosion of the engine bleed air 5th 
stage check valves on both engines could result in a dual-engine power 
loss without the ability to restart, which could result in a forced 
off-airport landing. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to 
all persons. In addition, the compliance time for the required action 
is shorter than the time necessary for the public to comment and for 
publication of the final rule. Therefore, the FAA finds good cause that 
notice and opportunity for prior public comment are impracticable. In 
addition, for the reasons stated above, the FAA finds that good cause 
exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments

[[Page 48466]]

about this final rule. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2020-0684 and 
Project Identifier AD-2020-01032-T at the beginning of your comments. 
The most helpful comments reference a specific portion of the proposal, 
explain the reason for any recommended change, and include supporting 
data. To ensure the docket does not contain duplicate comments, 
commenters should submit only one copy of the comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to either 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 2,161 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
----------------------------------------------------------------------------------------------------------------
Inspections...........................  6 work-hours x $85 per                $0            $510      $1,102,110
                                         hour = $510.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable providing 
cost estimates for the on-condition actions specified in this AD.

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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-16-51 The Boeing Company: Amendment 39-21204; Docket No. FAA-
2020-0684; Project Identifier AD-2020-01032-T.

(a) Effective Date

    This AD is effective August 26, 2020 to all persons except those 
persons to whom it was made immediately effective by Emergency AD 
2020-16-51, issued on July 23, 2020, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-300, -400, -
500, -600, -700, -700C, -800, -900, and -900ER series airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by four recent reports of single-engine 
shutdowns caused by engine bleed air 5th stage check valves stuck in 
the open position. The FAA is issuing this AD to address corrosion 
of the engine bleed air 5th stage check valves for both engines, 
which could result in compressor stalls and dual-engine power loss 
without the ability to restart, which could result in a forced off-
airport landing.

(f) Compliance

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

(g) Definition

    Any airplane that, for 7 or more consecutive days, has not been 
operated in flight is considered to be in ``storage.''

[[Page 48467]]

(h) Inspections and Corrective Actions

    (1) For any airplane that is in storage on or after the 
effective date of this AD, and any airplane that, as of the 
effective date of this AD, has been operated for 10 or fewer flight 
cycles since returning to service from the most recent period of 
storage: Before further flight, do the inspections specified in 
paragraphs (h)(1)(i) and (ii) of this AD on the engine bleed air 5th 
stage check valve on each engine. If any engine bleed air 5th stage 
check valve fails any inspection, replace that engine bleed air 5th 
stage check valve before further flight. For each engine bleed air 
5th stage check valve that passes both inspections specified in 
paragraphs (h)(1)(i) and (ii) of this AD, do the actions specified 
in paragraph (h)(2) of this AD on that engine bleed air 5th stage 
check valve before further flight.
    (i) Rotate the flapper plates by hand at least 3 times. If the 
flapper plate moves smoothly, without signs of binding or sticking, 
from the fully closed position to the stop tube using gravity force 
alone, the engine bleed air 5th stage check valve has passed this 
inspection.
    (ii) Measure the clearance between the flapper bushings at both 
locations on each engine bleed air 5th stage check valve. If the 
clearance between the flapper bushings is a minimum of 0.004 inch 
(0.102 mm) at both locations, the engine bleed air 5th stage check 
valve at that location has passed this inspection.
    (2) For each engine bleed air 5th stage check valve that passes 
the inspections specified in paragraphs (h)(1)(i) and (ii) of this 
AD, do the inspections specified in paragraphs (h)(2)(i) through 
(iii) of this AD before further flight on the engine bleed air 5th 
stage check valve on each engine. If any engine bleed air 5th stage 
check valve fails any of the inspections specified in paragraphs 
(h)(2)(i) through (iii) of this AD, replace that engine bleed air 
5th stage check valve before further flight.
    (i) Do a general visual inspection of the flapper bushings for 
signs of cracks, fractures, and missing bushing heads. If the 
flapper bushings do not show any signs of cracks, fractures, or 
missing bushing heads, the engine bleed air 5th stage check valve 
has passed this inspection. Signs of corrosion are not a cause for 
replacing the engine bleed air 5th stage check valve if the engine 
bleed air 5th stage check valve did not fail any of the inspections 
specified in paragraph (h)(1) of this AD.
    (ii) Using only hand pressure, try to rotate the flapper 
bushings in the flapper plates. If the bushings do not rotate in the 
flapper plate, the engine bleed air 5th stage check valve has passed 
this inspection.
    (iii) Do a general visual inspection of the check valve for 
signs of the flappers rubbing against the valve body. If the 
flappers do not show any signs of rubbing against the valve body, 
the engine bleed air 5th stage check valve has passed this 
inspection.

(i) Minimum Equipment List Relief for Certain Airplanes

    For airplanes that have operated 10 or fewer flight cycles since 
the most recent period of storage prior to the effective date of 
this AD, as an alternative to compliance with paragraph (h): If 
allowed by the operator's FAA-approved Minimum Equipment List, the 
airplane may be dispatched with one engine's engine bleed air high 
stage valve locked closed. Thereafter, within 5 additional flight 
cycles, inspect the engine bleed air 5th stage check valve on both 
engines as required by paragraph (h) of this AD.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
airplane can be inspected, provided one engine's engine bleed air 
high stage valve has been locked closed. This option is only 
available if the operator's FAA-approved Minimum Equipment List 
allows dispatching the airplane with one engine's engine bleed air 
high stage valve locked closed.

(k) Alternative Methods of Compliance (AMOCs)

    (1) For Boeing Model 737-300, -400, and -500 series airplanes, 
the Manager, Los Angeles 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 (l)(1) of this AD. Information may be 
emailed to: [email protected].
    (2) For Boeing Model 737-600, -700, -700C, -800, -900, and -
900ER series airplanes, 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 (l)(2) of this AD. 
Information may be emailed to: [email protected].
    (3) 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.
    (4) 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.

(l) Related Information

    (1) For Boeing Model 737-300, -400, and -500 series airplanes, 
for further information about this AD, contact Serj Harutunian, 
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5254; fax: 562-627-5210; email: [email protected].
    (2) For Boeing Model 737-600, -700, -700C, -800, -900, and -
900ER series airplanes, for further information about this AD, 
contact Rajendran Mohanraj, Aerospace Engineer, Propulsion Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3621; email: [email protected].

(m) Material Incorporated by Reference

    None.

    Issued on July 30, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-17469 Filed 8-10-20; 8:45 am]
BILLING CODE 4910-13-P