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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.
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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: serj.harutunian@faa.gov.
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: rajendran.mohanraj@faa.gov.
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 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
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Inspections |
6 work-hours x $85 per hour =
$510 |
$0
|
$510
|
$1,102,110
|
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
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 adding the following new airworthiness
directive (AD):
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