[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23458-23461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10657]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0961; Product Identifier 2018-NM-121-AD; Amendment
39-19635; AD 2019-09-01]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. This AD was prompted by reports indicating that the
pitot heat switch is not always set to ON, which could result in
misleading air data. This AD requires replacement of pitot anti-icing
system components, installation of
[[Page 23459]]
a junction box and wiring provisions, repetitive testing of the anti-
icing system, and applicable on-condition actions. We are issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective June 26, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 26,
2019.
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 http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0961.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0961; 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: Frank Carreras, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on November 19, 2018 (83 FR
58196). The NPRM was prompted by reports indicating that the pitot heat
switch is not always set to ON, which could result in misleading air
data. The NPRM proposed to require replacement of pitot anti-icing
system components, installation of a junction box and wiring
provisions, repetitive testing of the anti-icing system, and applicable
on-condition actions.
We are issuing this AD to address misleading air data, which can
lead to loss of crew situational awareness and could ultimately result
in the inability to maintain continued safe flight and landing.
Comments
We 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 Boeing Company stated support for the NPRM.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.
Request To Extend the Compliance Time
SF Airlines requested that the compliance time be extended. The
commenter noted that the two parts kits and window/pitot heat module
needed to accomplish the modification on each airplane are too hard to
obtain within the proposed 24 months. The commenter further pointed out
that the modification requires around 300 work hours, which will
require creation of a detailed plan for modifying its 17-airplane
fleet. The commenter asserted that the modification would likely be
performed in the next C-check, but that such a large modification could
not be accomplished during a C-check.
We do not agree to extend the compliance time. In developing an
appropriate compliance time for this action, we considered not only the
safety implications of the identified unsafe condition, but the average
utilization rate of the affected fleet, the availability of required
parts, and the practical aspect of accomplishing the required
modification within a period of time that corresponds to the normal
scheduled maintenance for most affected operators. The commenter
provided no further evidence to substantiate a parts availability
problem. Furthermore, this AD specifies the same 24-month compliance
time as is required for the Model 737NGs in AD 2012-24-08, Amendment
39-17278 (77 FR 73282, December 10, 2012), which addresses the same
unsafe condition identified in this AD.
If we receive additional data that justify different compliance
times, we may consider further rulemaking on this issue. However, under
the provisions of paragraph (m) of this AD, we will consider requests
for approval of alternative compliance times if sufficient data are
submitted to substantiate that the change would provide an acceptable
level of safety. We have not changed this AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the change described previously and minor
editorial changes. We have 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.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 737-30A1064, Revision 1,
dated October 18, 2017. The service information describes procedures
for replacement and repetitive testing of the P5-9 window and pitot
heat module, and changing the anti-icing system to automatically supply
power to heat the air data sensors.
We also reviewed the following concurrent service information.
Boeing Service Bulletin 737-30-1067, Revision 1, dated May
4, 2017. This service information describes procedures for installing a
new J18
[[Page 23460]]
junction box to change the anti-icing system.
Boeing Service Bulletin 737-30-1068, Revision 1, dated May
4, 2017. This service information describes procedures for installing
wiring provisions to the anti-icing system.
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
We estimate that this AD affects 296 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Replacement (Boeing Alert Service 6 work-hours x $85 $0 $510............... $150,960.
Bulletin 737-30A1064). per hour = $510.
Repetitive tests (Boeing Alert 5 work-hours x $85 0 $425 per inspection $125,800 per
Service Bulletin 737-30A1064). per hour = $425 cycle. inspection cycle.
per inspection
cycle.
J18 Junction box installation Up to 75 work-hours 23,614 Up to $29,989...... Up to $8,876,744.
(Boeing Service Bulletin 737-30- x $85 per hour =
1067). $6,375.
Installation of wire provisions Up to 193 work- 4,800 Up to $21,205...... Up to $6,276,680.
(Boeing Service Bulletin 737-30- hours x $85 per
1068). hour = $16,405.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
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.
We are 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
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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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):
2019-09-01 The Boeing Company: Amendment 39-19635; Docket No. FAA-
2018-0961; Product Identifier 2018-NM-121-AD.
(a) Effective Date
This AD is effective June 26, 2019.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, as identified in Boeing Alert Service Bulletin 737-
30A1064, Revision 1, dated October 18, 2017.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 30, Ice and rain
protection.
(e) Unsafe Condition
This AD was prompted by reports indicating that the pitot heat
switch is not always set to ON, which could result in misleading air
data. We are issuing this AD to address misleading air data, which
can lead to loss of crew situational awareness and could ultimately
result in the inability to maintain continued safe flight and
landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Actions for Group 5 Airplanes
For airplanes identified as Group 5 in Boeing Alert Service
Bulletin 737-30A1064, Revision 1, dated October 18, 2017: Within 120
days after the effective date of this AD, inspect the airplane and
do all applicable on-condition actions using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.
[[Page 23461]]
(h) Required Actions for Groups 1 Through 4 Airplanes
Except as specified by paragraph (j) of this AD, for airplanes
identified as Groups 1 through 4 in Boeing Alert Service Bulletin
737-30A1064, Revision 1, dated October 18, 2017: At the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017, do
all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision
1, dated October 18, 2017.
(i) Concurrent Requirements
For airplanes identified as Groups 1 through 4 in Boeing Alert
Service Bulletin 737-30A1064, Revision 1, dated October 18, 2017:
Prior to or concurrently with the action required by paragraph (h)
of this AD, install a new J18 junction box to change the anti-icing
system, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 737-30-1067, Revision 1, dated May 4, 2017, and
install wiring provisions to the anti-icing system, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 737-
30-1068, Revision 1, dated May 4, 2017.
(j) Exceptions to Service Information Specifications
For purposes of determining compliance with the requirements of
this AD: Where Boeing Alert Service Bulletin 737-30A1064, Revision
1, dated October 18, 2017, uses the phrase ``the original issue date
of this service bulletin,'' this AD requires using ``the effective
date of this AD.''
(k) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 737-
30A1064, dated May 4, 2017, provided that step 15 for Groups 1
through 4 airplanes, as applicable, of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision
1, dated October 18, 2017, is done at the applicable times specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-30A1064, Revision 1, dated October 18, 2017, or within 180 days
after the effective date of this AD, whichever occurs later.
(l) Minimum Equipment List (MEL)
In the event that the air data probe heat (ADPH) system as
modified by this AD is inoperable, an airplane may be operated as
specified in the operator's MEL, provided the MEL includes
provisions that address the modified ADPH system.
(m) Alternative Methods of Compliance (AMOCs)
(1) 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 (n)(2) 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 Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles 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 RC, the provisions of paragraphs (m)(4)(i) and (m)(4)(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.
(n) Related Information
(1) For more information about this AD, contact Frank Carreras,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3539; email: [email protected].
(2) For information about AMOCs, contact Jeffrey W. Palmer,
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 562-627-5851; fax: 562-627-5210; email:
[email protected].
(o) 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.
(i) Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated
October 18, 2017.
(ii) Boeing Service Bulletin 737-30-1067, Revision 1, dated May
4, 2017.
(iii) Boeing Service Bulletin 737-30-1068, Revision 1, dated May
4, 2017.
(3) 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.
(4) 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.
(5) 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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on May 9, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-10657 Filed 5-21-19; 8:45 am]
BILLING CODE 4910-13-P