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