82_FR_27530 82 FR 27416 - Airworthiness Directives; The Boeing Company Airplanes

82 FR 27416 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 114 (June 15, 2017)

Page Range27416-27419
FR Document2017-12172

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-800, -900, and -900ER series airplanes. This AD was prompted by reports of in-flight failure of the left temperature control valve and control cabin trim air modulating valve. This AD requires replacing the left temperature control valve and control cabin trim air modulating valve. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 114 (Thursday, June 15, 2017)
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27416-27419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12172]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9432; Directorate Identifier 2016-NM-116-AD; 
Amendment 39-18922; AD 2017-12-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

[[Page 27417]]

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-800, -900, and -900ER series airplanes. 
This AD was prompted by reports of in-flight failure of the left 
temperature control valve and control cabin trim air modulating valve. 
This AD requires replacing the left temperature control valve and 
control cabin trim air modulating valve. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective July 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 20, 
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 referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9432.

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-2016-
9432; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Stanley Chen, Aerospace Engineer, 
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle 
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: 
stanley.chen@faa.gov.

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 737-800, -900, and -900ER series airplanes. The NPRM published in 
the Federal Register on December 5, 2016 (81 FR 87494). The NPRM was 
prompted by reports of in-flight failure of the left temperature 
control valve and control cabin trim air modulating valve. The NPRM 
proposed to require replacing the left temperature control valve and 
control cabin trim air modulating valve. We are issuing this AD to 
prevent 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 flight crew and prevent continued safe flight and 
landing.

Comments

    We 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

    The Air Line Pilots Association, International and United Airlines 
(UAL) stated that they support the NPRM.

Request To Clarify the Unsafe Condition

    Boeing requested that we change a sentence in the Discussion 
section of the NPRM from ``This condition, if not corrected, could 
result . . . .'' to ``This condition, if not corrected or mitigated by 
crew completion of the cabin temperature hot procedure under Section 
2.8 of the quick reference handbook (QRH), could result. . . .'' Boeing 
stated that the cabin temperature hot procedure was created 
specifically to address failed open temperature control valves. They 
further stated that this procedure is an effective remedy for failed 
valves and enhances safety.
    We disagree with the request to revise the description of the 
unsafe condition in the Discussion section. More than half of the 
affected fleets are operated by non-U.S. air carriers, who are not 
required to incorporate the revised Flight Crew Operations Manual 
(FCOM), which includes the QRH. Since this AD does not require 
incorporation of the FCOM, or the QRH, and instead requires replacement 
of two control valves, we do not find it appropriate to reference the 
QRH as a mitigating factor in the description of the unsafe condition. 
We have not changed this AD regarding this issue.

Request To Allow Maintenance Records Review To Determine Installed 
Parts

    Alaska Airlines (Alaska) asked that we revise paragraph (g) of the 
proposed AD, which mandates replacement of certain valves, to state 
that a records review is acceptable for compliance with the 
requirements of that paragraph (by determining which valves must be 
replaced). Alaska noted that a similar statement is included as a note 
in Boeing Alert Service Bulletin 737-21A1203, dated June 8, 2016, and 
that the note and steps 3.B.1.c. and 3.B.1.d. of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016, are not Required for Compliance (RC). (We note that those 
steps state that no further action is required for nondiscrepant 
parts.) Alaska indicated that because the NPRM does not include a 
similar statement, an airline doing only a records check, and finding 
no discrepant parts, could be considered non-compliant.
    We agree with the commenter. Paragraph (g) of this AD requires 
replacing certain valves in accordance with the Accomplishment 
Instructions in Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016. We did not intend for operators to need an alternative method 
of compliance (AMOC) to address the situation described by the 
commenter. Therefore, we have revised paragraph (g) of this AD to add 
the phrase ``as applicable'' to the requirement for valve replacements 
so that operators will not need an AMOC if the correct valve is already 
installed.

Request To Correct the Manufacturer Information

    UAL stated that the header section of the NPRM referenced the wrong 
aircraft manufacturer, reading: ``Proposed Rule: Airworthiness 
Directives: Bombardier, Inc. Airplanes.'' UAL noted that it should say 
The Boeing Company Airplanes.
    We acknowledge the commenter's concern. However, the NPRM correctly 
identifies the manufacturer as Boeing, as published in the Federal 
Register. It was the docket in the Federal Docket Management System 
(FDMS) that incorrectly identified the manufacturer as Bombardier. This 
information has been corrected. Therefore, we have not changed this 
final rule regarding this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC)

[[Page 27418]]

ST00830SE does not affect the accomplishment of the manufacturer's 
service instructions.
    We agree 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. 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 AD 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 correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that this change will not increase the economic 
burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-21A1203, dated June 
8, 2016. The service information describes procedures for replacing the 
left temperature control valve and control cabin trim air modulating 
valve, part number 398908-4, with new part number 398908-3 or 398908-5. 
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 319 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replacement of valves..........  9 work-hours x $85 per           $4,800  $5,565 per valve..  $1,775,235 per
                                  hour = $765 per valve.                                       valve.
----------------------------------------------------------------------------------------------------------------

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.

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):

2017-12-07 The Boeing Company: Amendment 39-18922; Docket No. FAA-
2016-9432; Directorate Identifier 2016-NM-116-AD.

(a) Effective Date

    This AD is effective July 20, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-800, -900, and -
900ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 737-21A1203, dated June 8, 2016.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of in-flight failure of the left 
temperature control valve and control cabin trim air modulating 
valve. We are issuing this AD to prevent 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 flight crew 
and prevent continued safe flight and landing.

(f) Compliance

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

(g) Replacement of the Left Temperature Control Valve and Control Cabin 
Trim Air Modulating Valve

    Within 60 months after the effective date of this AD, replace 
the left temperature control valve and control cabin trim air 
modulating valve, as applicable, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
21A1203, dated June 8, 2016.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
temperature control valve, part number 398908-4, in either the left 
temperature control valve location or the control cabin trim air 
modulating valve location on any Model 737-800, -900, or -900ER 
airplane.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14

[[Page 27419]]

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 ACO, send it to the attention of the person identified in 
paragraph (j) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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, Seattle ACO, 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 Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(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.

(j) Related Information

    For more information about this AD, contact Stanley Chen, 
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, 
ANM-150S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6585; fax: 425-917-6590; email: 
stanley.chen@faa.gov.

(k) 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 737-21A1203, dated June 8, 
2016.
    (ii) Reserved.
    (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 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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 Renton, Washington, on June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12172 Filed 6-14-17; 8:45 am]
BILLING CODE 4910-13-P



                                             27416              Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations

                                             adversely affect the structural integrity of the        specified in paragraph (i) of this AD can be           Engineer, International Branch, ANM–116,
                                             airplane.                                               found in Supplemental Structural                       Transport Airplane Directorate, FAA, 1601
                                                                                                     Inspections Document (SSID) Document No.               Lind Avenue SW., Renton, WA 98057–3356;
                                             (f) Compliance                                          SSID–146–01, Revision 2, dated August 15,              telephone 425–227–1175; fax 425–227–1149.
                                                Comply with this AD within the                       2012.
                                             compliance times specified, unless already                                                                     (m) Material Incorporated by Reference
                                                                                                       Note 4 to paragraph (i) of this AD: An
                                             done.                                                   additional source of guidance for the actions             (1) The Director of the Federal Register
                                                                                                     specified in paragraph (i) of this AD can be           approved the incorporation by reference
                                             (g) Retained Airworthiness Limitations                                                                         (IBR) of the service information listed in this
                                                                                                     found in Maintenance Review Board Report
                                             Revisions of the Shock Absorber Assemblies,                                                                    paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                     Document No. MRB 146–01, Issue 2,
                                             With No Changes                                         Revision 19, dated August 2012.                        part 51.
                                                This paragraph restates the requirements of            Note 5 to paragraph (i) of this AD: An                  (2) You must use this service information
                                             paragraph (j) of AD 2011–24–06, with no                 additional source of guidance for the actions          as applicable to do the actions required by
                                             changes. Within 90 days after January 3, 2012           specified in paragraph (i) of this AD can be           this AD, unless this AD specifies otherwise.
                                             (the effective date of AD 2011–24–06), revise           found in BAE Systems (Operations) Limited                 (3) The following service information was
                                             the maintenance program, by incorporating               Inspection Service Bulletin ISB.53–237,                approved for IBR on January 3, 2012 (76 FR
                                             Subject 05–10–15, ‘‘Aircraft Equipment                  Revision 1, dated April 2, 2013.                       73477, November 29, 2011).
                                             Airworthiness Limitations’’ of Chapter 05,                                                                        (i) Subject 05–10–15, ‘‘Aircraft Equipment
                                             ‘‘Time Limits/Maintenance Checks,’’ of the              (j) New No Alternative Actions, Intervals,             Airworthiness Limitations’’ of Chapter 05,
                                             BAE Systems (Operations) Limited BAe 146                and/or CDCCLs                                          ‘‘Time Limits/Maintenance Checks,’’ of the
                                             Series/Avro 146–RJ Series Aircraft                         After accomplishment of the revision                BAE Systems (Operations) Limited BAe 146
                                             Maintenance Manual (AMM), Revision 104,                 required by paragraph (i) of this AD, no               Series/Avro 146–RJ Series Aircraft
                                             dated April 15, 2011, to remove life limits on          alternative actions (e.g., inspections),               Maintenance Manual, Revision 104, dated
                                             shock absorber assemblies, but not the                  intervals, and/or CDCCLs may be used,                  April 15, 2011.
                                             individual shock absorber components,                   unless the actions, intervals, and/or CDCCLs              (ii) Reserved.
                                             amend life limits on main landing gear                  are approved as an AMOC in accordance                     (4) For service information identified in
                                             (MLG) up-locks and door up-locks, and to                with the procedures specified in paragraph             this AD, contact BAE Systems (Operations)
                                             introduce and amend life limits on MLG                  (k)(1) of this AD.                                     Limited, Customer Information Department,
                                             components. Accomplishing the actions                                                                          Prestwick International Airport, Ayrshire,
                                             required by paragraph (i) of this AD                    (k) Other FAA AD Provisions                            KA9 2RW, Scotland, United Kingdom;
                                             terminates the actions required by this                    The following provisions also apply to this         telephone +44 1292 675207; fax +44 1292
                                             paragraph.                                              AD:                                                    675704; email RApublications@
                                                                                                        (1) Alternative Methods of Compliance               baesystems.com; Internet http://
                                             (h) Retained No Alternative Actions,                    (AMOCs): The Manager, International                    www.baesystems.com/Businesses/
                                             Intervals, and/or Critical Design                       Branch, ANM–116, Transport Airplane                    RegionalAircraft/index.htm.
                                             Configuration Control Limitations (CDCCLs),             Directorate, FAA, has the authority to                    (5) You may view this service information
                                             With No Changes                                         approve AMOCs for this AD, if requested                at the FAA, Transport Airplane Directorate,
                                                This paragraph restates the requirements of          using the procedures found in 14 CFR 39.19.            1601 Lind Avenue SW., Renton, WA. For
                                             paragraph (k) of AD 2011–24–06, with no                 In accordance with 14 CFR 39.19, send your             information on the availability of this
                                             changes. Except as specified in paragraph (i)           request to your principal inspector or local           material at the FAA, call 425–227–1221.
                                             of this AD: After accomplishing the revision            Flight Standards District Office, as                      (6) You may view this service information
                                             required by paragraph (g) of this AD, no                appropriate. If sending information directly           that is incorporated by reference at the
                                             alternative actions (e.g., inspections),                to the International Branch, send it to the            National Archives and Records
                                             intervals, and/or CDCCLs may be used,                   attention of the person identified in                  Administration (NARA). For information on
                                             unless the actions, intervals, and/or CDCCLs            paragraph (l)(2) of this AD. Information may           the availability of this material at NARA, call
                                             are approved as an alternative method of                be emailed to: 9-ANM-116-AMOC-                         202–741–6030, or go to: http://
                                             compliance (AMOC) in accordance with the                REQUESTS@faa.gov. Before using any                     www.archives.gov/federal-register/cfr/ibr-
                                             procedures specified in paragraph (k)(1) of             approved AMOC, notify your appropriate                 locations.html.
                                             this AD.                                                principal inspector, or lacking a principal
                                                                                                                                                              Issued in Renton, Washington, on June 2,
                                                                                                     inspector, the manager of the local flight
                                             (i) New Revision to the Maintenance or                                                                         2017.
                                                                                                     standards district office/certificate holding
                                             Inspection Program                                      district office.                                       Michael Kaszycki,
                                                Within 90 days after the effective date of              (2) Contacting the Manufacturer: As of the          Acting Manager, Transport Airplane
                                             this AD: Revise the maintenance or                      effective date of this AD, for any requirement         Directorate, Aircraft Certification Service.
                                             inspection program, as applicable, to                   in this AD to obtain corrective actions from           [FR Doc. 2017–12173 Filed 6–14–17; 8:45 am]
                                             incorporate new and revised limitations,                a manufacturer, the action must be
                                                                                                                                                            BILLING CODE 4910–13–P
                                             tasks, thresholds, and intervals using a                accomplished using a method approved by
                                             method approved by the Manager,                         the Manager, International Branch, ANM–
                                             International Branch, ANM–116, Transport                116, Transport Airplane Directorate, FAA; or
                                             Airplane Directorate, FAA. Accomplishing                the European Aviation Safety Agency                    DEPARTMENT OF TRANSPORTATION
                                             the actions required by this paragraph                  (EASA); or BAE Systems (Operations)
                                             terminates the actions required by paragraph            Limited’s EASA Design Organization                     Federal Aviation Administration
                                             (g) of this AD.                                         Approval (DOA). If approved by the DOA,
                                                Note 1 to paragraph (i) of this AD: An               the approval must include the DOA-                     14 CFR Part 39
                                             additional source of guidance for the actions           authorized signature.
                                             specified in paragraph (i) of this AD can be                                                                   [Docket No. FAA–2016–9432; Directorate
                                             found in BAe 146/AVRO 146–RJ Airplane                   (l) Related Information                                Identifier 2016–NM–116–AD; Amendment
                                             Maintenance Manual, Revision 112, dated                    (1) Refer to Mandatory Continuing                   39–18922; AD 2017–12–07]
                                             October 15, 2013.                                       Airworthiness Information (MCAI) EASA                  RIN 2120–AA64
pmangrum on DSK3GDR082PROD with RULES




                                                Note 2 to paragraph (i) of this AD: An               Airworthiness Directive 2014–0071, dated
                                             additional source of guidance for the actions           March 19, 2014, for related information. This          Airworthiness Directives; The Boeing
                                             specified in paragraph (i) of this AD can be            MCAI may be found in the AD docket on the              Company Airplanes
                                             found in Corrosion Prevention Control                   Internet at http://www.regulations.gov by
                                             Program (CPCP) Document No. CPCP–146–                   searching for and locating Docket No. FAA–             AGENCY:  Federal Aviation
                                             01, Revision 4, dated September 15, 2010.               2016–4220.                                             Administration (FAA), DOT.
                                                Note 3 to paragraph (i) of this AD: An                  (2) For more information about this AD,
                                                                                                                                                            ACTION: Final rule.
                                             additional source of guidance for the actions           contact Todd Thompson, Aerospace



                                        VerDate Sep<11>2014   14:00 Jun 14, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\15JNR1.SGM   15JNR1


                                                                Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations                                         27417

                                             SUMMARY:    We are adopting a new                       Discussion                                             Request To Allow Maintenance Records
                                             airworthiness directive (AD) for certain                  We issued a notice of proposed                       Review To Determine Installed Parts
                                             The Boeing Company Model 737–800,                       rulemaking (NPRM) to amend 14 CFR                         Alaska Airlines (Alaska) asked that
                                             –900, and –900ER series airplanes. This                 part 39 by adding an AD that would                     we revise paragraph (g) of the proposed
                                             AD was prompted by reports of in-flight                 apply to certain The Boeing Company                    AD, which mandates replacement of
                                             failure of the left temperature control                 Model 737–800, –900, and –900ER                        certain valves, to state that a records
                                             valve and control cabin trim air                        series airplanes. The NPRM published                   review is acceptable for compliance
                                             modulating valve. This AD requires                      in the Federal Register on December 5,                 with the requirements of that paragraph
                                             replacing the left temperature control                  2016 (81 FR 87494). The NPRM was                       (by determining which valves must be
                                             valve and control cabin trim air                        prompted by reports of in-flight failure               replaced). Alaska noted that a similar
                                             modulating valve. We are issuing this                   of the left temperature control valve and              statement is included as a note in
                                             AD to address the unsafe condition on                   control cabin trim air modulating valve.               Boeing Alert Service Bulletin 737–
                                             these products.                                         The NPRM proposed to require                           21A1203, dated June 8, 2016, and that
                                             DATES: This AD is effective July 20,                    replacing the left temperature control                 the note and steps 3.B.1.c. and 3.B.1.d.
                                             2017.                                                   valve and control cabin trim air                       of the Accomplishment Instructions of
                                                The Director of the Federal Register                 modulating valve. We are issuing this                  Boeing Alert Service Bulletin 737–
                                             approved the incorporation by reference                 AD to prevent temperatures in excess of                21A1203, dated June 8, 2016, are not
                                             of a certain publication listed in this AD              100 degrees Fahrenheit in the flight                   Required for Compliance (RC). (We note
                                             as of July 20, 2017.                                    deck or the passenger cabin during                     that those steps state that no further
                                                                                                     cruise, which could lead to the                        action is required for nondiscrepant
                                             ADDRESSES: For service information
                                                                                                     impairment of the flight crew and                      parts.) Alaska indicated that because the
                                             identified in this final rule, contact
                                                                                                     prevent continued safe flight and                      NPRM does not include a similar
                                             Boeing Commercial Airplanes,
                                                                                                     landing.                                               statement, an airline doing only a
                                             Attention: Contractual & Data Services
                                             (C&DS), 2600 Westminster Blvd., MC                      Comments                                               records check, and finding no
                                             110–SK57, Seal Beach, CA 90740–5600;                                                                           discrepant parts, could be considered
                                                                                                       We gave the public the opportunity to
                                             telephone 562–797–1717; Internet                                                                               non-compliant.
                                                                                                     participate in developing this AD. The
                                             https://www.myboeingfleet.com. You                                                                                We agree with the commenter.
                                                                                                     following presents the comments
                                             may view this referenced service                                                                               Paragraph (g) of this AD requires
                                                                                                     received on the NPRM and the FAA’s
                                             information at the FAA, Transport                                                                              replacing certain valves in accordance
                                                                                                     response to each comment.
                                             Airplane Directorate, 1601 Lind Avenue                                                                         with the Accomplishment Instructions
                                             SW., Renton, WA. For information on                     Support for the NPRM                                   in Boeing Alert Service Bulletin 737–
                                             the availability of this material at the                  The Air Line Pilots Association,                     21A1203, dated June 8, 2016. We did
                                             FAA, call 425–227–1221. It is also                      International and United Airlines (UAL)                not intend for operators to need an
                                             available on the Internet at http://                    stated that they support the NPRM.                     alternative method of compliance
                                             www.regulations.gov by searching for                                                                           (AMOC) to address the situation
                                                                                                     Request To Clarify the Unsafe                          described by the commenter. Therefore,
                                             and locating Docket No. FAA–2016–
                                                                                                     Condition                                              we have revised paragraph (g) of this AD
                                             9432.
                                                                                                        Boeing requested that we change a                   to add the phrase ‘‘as applicable’’ to the
                                             Examining the AD Docket                                 sentence in the Discussion section of the              requirement for valve replacements so
                                               You may examine the AD docket on                      NPRM from ‘‘This condition, if not                     that operators will not need an AMOC
                                             the Internet at http://                                 corrected, could result . . . .’’ to ‘‘This            if the correct valve is already installed.
                                             www.regulations.gov by searching for                    condition, if not corrected or mitigated
                                                                                                                                                            Request To Correct the Manufacturer
                                             and locating Docket No. FAA–2016–                       by crew completion of the cabin
                                                                                                                                                            Information
                                             9432; or in person at the Docket                        temperature hot procedure under
                                             Management Facility between 9 a.m.                      Section 2.8 of the quick reference                        UAL stated that the header section of
                                             and 5 p.m., Monday through Friday,                      handbook (QRH), could result. . . .’’                  the NPRM referenced the wrong aircraft
                                             except Federal holidays. The AD docket                  Boeing stated that the cabin temperature               manufacturer, reading: ‘‘Proposed Rule:
                                             contains this AD, the regulatory                        hot procedure was created specifically                 Airworthiness Directives: Bombardier,
                                             evaluation, any comments received, and                  to address failed open temperature                     Inc. Airplanes.’’ UAL noted that it
                                             other information. The address for the                  control valves. They further stated that               should say The Boeing Company
                                             Docket Office (phone: 800–647–5527) is                  this procedure is an effective remedy for              Airplanes.
                                             Docket Management Facility, U.S.                        failed valves and enhances safety.                        We acknowledge the commenter’s
                                             Department of Transportation, Docket                       We disagree with the request to revise              concern. However, the NPRM correctly
                                             Operations, M–30, West Building                         the description of the unsafe condition                identifies the manufacturer as Boeing, as
                                             Ground Floor, Room W12–140, 1200                        in the Discussion section. More than                   published in the Federal Register. It
                                             New Jersey Avenue SE., Washington,                      half of the affected fleets are operated by            was the docket in the Federal Docket
                                             DC 20590.                                               non-U.S. air carriers, who are not                     Management System (FDMS) that
                                                                                                     required to incorporate the revised                    incorrectly identified the manufacturer
                                             FOR FURTHER INFORMATION CONTACT:                        Flight Crew Operations Manual                          as Bombardier. This information has
                                             Stanley Chen, Aerospace Engineer,                       (FCOM), which includes the QRH. Since                  been corrected. Therefore, we have not
                                             Cabin Safety and Environmental                          this AD does not require incorporation                 changed this final rule regarding this
pmangrum on DSK3GDR082PROD with RULES




                                             Systems Branch, ANM–150S, FAA,                          of the FCOM, or the QRH, and instead                   issue.
                                             Seattle Aircraft Certification Office                   requires replacement of two control
                                             (ACO), 1601 Lind Avenue SW., Renton,                    valves, we do not find it appropriate to               Effect of Winglets on Accomplishment
                                             WA 98057–3356; phone: 425–917–6585;                     reference the QRH as a mitigating factor               of the Proposed Actions
                                             fax: 425–917–6590; email:                               in the description of the unsafe                         Aviation Partners Boeing stated that
                                             stanley.chen@faa.gov.                                   condition. We have not changed this AD                 the installation of winglets per
                                             SUPPLEMENTARY INFORMATION:                              regarding this issue.                                  Supplemental Type Certificate (STC)


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                                             27418              Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations

                                             ST00830SE does not affect the                           with the change described previously                   2016. The service information describes
                                             accomplishment of the manufacturer’s                    and minor editorial changes. We have                   procedures for replacing the left
                                             service instructions.                                   determined that these minor changes:                   temperature control valve and control
                                                We agree with the commenter that                       • Are consistent with the intent that                cabin trim air modulating valve, part
                                             STC ST00830SE does not affect the                       was proposed in the NPRM for                           number 398908–4, with new part
                                             accomplishment of the manufacturer’s                    correcting the unsafe condition; and                   number 398908–3 or 398908–5. This
                                                                                                       • Do not add any additional burden                   service information is reasonably
                                             service instructions. Therefore, the
                                                                                                     upon the public than was already                       available because the interested parties
                                             installation of STC ST00830SE does not
                                                                                                     proposed in the NPRM.                                  have access to it through their normal
                                             affect the ability to accomplish the                      We also determined that this change
                                             actions required by this AD. We have                                                                           course of business or by the means
                                                                                                     will not increase the economic burden
                                             not changed this AD in this regard.                                                                            identified in the ADDRESSES section.
                                                                                                     on any operator or increase the scope of
                                             Conclusion                                              this AD.                                               Costs of Compliance
                                               We reviewed the relevant data,                        Related Service Information Under 1                      We estimate that this AD affects 319
                                             considered the comments received, and                   CFR Part 51                                            airplanes of U.S. registry. We estimate
                                             determined that air safety and the                        We reviewed Boeing Alert Service                     the following costs to comply with this
                                             public interest require adopting this AD                Bulletin 737–21A1203, dated June 8,                    AD:

                                                                                                                   ESTIMATED COSTS
                                                       Action                                     Labor cost                            Parts cost          Cost per product          Cost on U.S. operators

                                             Replacement of valves ..      9 work-hours × $85 per hour = $765 per valve                        $4,800   $5,565 per valve ..........   $1,775,235 per valve.



                                             Authority for This Rulemaking                             (3) Will not affect intrastate aviation              identified in Boeing Alert Service Bulletin
                                                                                                     in Alaska, and                                         737–21A1203, dated June 8, 2016.
                                                Title 49 of the United States Code                     (4) Will not have a significant
                                             specifies the FAA’s authority to issue                                                                         (d) Subject
                                                                                                     economic impact, positive or negative,                   Air Transport Association (ATA) of
                                             rules on aviation safety. Subtitle I,                   on a substantial number of small entities
                                             section 106, describes the authority of                                                                        America Code 21, Air conditioning.
                                                                                                     under the criteria of the Regulatory
                                             the FAA Administrator. Subtitle VII:                    Flexibility Act.                                       (e) Unsafe Condition
                                             Aviation Programs, describes in more                                                                              This AD was prompted by reports of in-
                                             detail the scope of the Agency’s                        List of Subjects in 14 CFR Part 39                     flight failure of the left temperature control
                                             authority.                                                Air transportation, Aircraft, Aviation               valve and control cabin trim air modulating
                                                We are issuing this rulemaking under                 safety, Incorporation by reference,                    valve. We are issuing this AD to prevent
                                             the authority described in Subtitle VII,                                                                       temperatures in excess of 100 degrees
                                                                                                     Safety.                                                Fahrenheit in the flight deck or the passenger
                                             Part A, Subpart III, Section 44701:                                                                            cabin during cruise, which could lead to the
                                             ‘‘General requirements.’’ Under that                    Adoption of the Amendment
                                                                                                                                                            impairment of the flight crew and prevent
                                             section, Congress charges the FAA with                    Accordingly, under the authority                     continued safe flight and landing.
                                             promoting safe flight of civil aircraft in              delegated to me by the Administrator,
                                                                                                     the FAA amends 14 CFR part 39 as                       (f) Compliance
                                             air commerce by prescribing regulations
                                             for practices, methods, and procedures                  follows:                                                  Comply with this AD within the
                                             the Administrator finds necessary for                                                                          compliance times specified, unless already
                                                                                                     PART 39—AIRWORTHINESS                                  done.
                                             safety in air commerce. This regulation
                                             is within the scope of that authority                   DIRECTIVES                                             (g) Replacement of the Left Temperature
                                             because it addresses an unsafe condition                                                                       Control Valve and Control Cabin Trim Air
                                                                                                     ■ 1. The authority citation for part 39                Modulating Valve
                                             that is likely to exist or develop on
                                                                                                     continues to read as follows:
                                             products identified in this rulemaking                                                                            Within 60 months after the effective date
                                             action.                                                     Authority: 49 U.S.C. 106(g), 40113, 44701.         of this AD, replace the left temperature
                                                                                                                                                            control valve and control cabin trim air
                                             Regulatory Findings                                     § 39.13    [Amended]                                   modulating valve, as applicable, in
                                                                                                     ■ 2. The FAA amends § 39.13 by adding                  accordance with the Accomplishment
                                               This AD will not have federalism                                                                             Instructions of Boeing Alert Service Bulletin
                                             implications under Executive Order                      the following new airworthiness
                                                                                                                                                            737–21A1203, dated June 8, 2016.
                                             13132. This AD will not have a                          directive (AD):
                                             substantial direct effect on the States, on             2017–12–07 The Boeing Company:                         (h) Parts Installation Prohibition
                                             the relationship between the national                       Amendment 39–18922; Docket No.                        As of the effective date of this AD, no
                                             government and the States, or on the                        FAA–2016–9432; Directorate Identifier              person may install a temperature control
                                             distribution of power and                                   2016–NM–116–AD.                                    valve, part number 398908–4, in either the
                                                                                                                                                            left temperature control valve location or the
                                             responsibilities among the various                      (a) Effective Date                                     control cabin trim air modulating valve
                                             levels of government.                                     This AD is effective July 20, 2017.                  location on any Model 737–800, –900, or
pmangrum on DSK3GDR082PROD with RULES




                                               For the reasons discussed above, I                                                                           –900ER airplane.
                                             certify that this AD:                                   (b) Affected ADs
                                                                                                       None.                                                (i) Alternative Methods of Compliance
                                               (1) Is not a ‘‘significant regulatory                                                                        (AMOCs)
                                             action’’ under Executive Order 12866,                   (c) Applicability                                         (1) The Manager, Seattle Aircraft
                                               (2) Is not a ‘‘significant rule’’ under                  This AD applies to The Boeing Company               Certification Office (ACO), FAA, has the
                                             DOT Regulatory Policies and Procedures                  Model 737–800, –900, and –900ER series                 authority to approve AMOCs for this AD, if
                                             (44 FR 11034, February 26, 1979),                       airplanes, certificated in any category, as            requested using the procedures found in 14



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                                                                Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations                                         27419

                                             CFR 39.19. In accordance with 14 CFR 39.19,                (4) You may view this service information           Empresa Brasileira de Aeronautica S.A.
                                             send your request to your principal inspector           at the FAA, Transport Airplane Directorate,            (Embraer), Technical Publications
                                             or local Flight Standards District Office, as           1601 Lind Avenue SW., Renton, WA. For                  Section (PC 060), Av. Brigadeiro Faria
                                             appropriate. If sending information directly            information on the availability of this
                                             to the manager of the ACO, send it to the
                                                                                                                                                            Lima, 2170–Putim–12227–901 São Jose
                                                                                                     material at the FAA, call 425–227–1221.
                                             attention of the person identified in                      (5) You may view this service information           dos Campos–SP–Brasil; telephone +55
                                             paragraph (j) of this AD. Information may be            that is incorporated by reference at the               12 3927–5852 or +55 12 3309–0732; fax
                                             emailed to: 9-ANM-Seattle-ACO-AMOC-                     National Archives and Records                          +55 12 3927–7546; email distrib@
                                             Requests@faa.gov.                                       Administration (NARA). For information on              embraer.com.br; Internet http://
                                                (2) Before using any approved AMOC,                  the availability of this material at NARA, call        www.flyembraer.com. You may view
                                             notify your appropriate principal inspector,            202–741–6030, or go to: http://                        this referenced service information at
                                             or lacking a principal inspector, the manager           www.archives.gov/federal-register/cfr/ibr-             the FAA, Transport Airplane
                                             of the local flight standards district office/          locations.html.
                                             certificate holding district office.                                                                           Directorate, 1601 Lind Avenue SW.,
                                                (3) An AMOC that provides an acceptable                Issued in Renton, Washington, on June 2,             Renton, WA. For information on the
                                             level of safety may be used for any repair,             2017.                                                  availability of this material at the FAA,
                                             modification, or alteration required by this            Michael Kaszycki,                                      call 425–227–1221. It is also available
                                             AD if it is approved by the Boeing                      Acting Manager, Transport Airplane                     on the Internet at http://
                                             Commercial Airplanes Organization                       Directorate, Aircraft Certification Service.           www.regulations.gov by searching for
                                             Designation Authorization (ODA) that has                                                                       and locating Docket No. FAA–2015–
                                                                                                     [FR Doc. 2017–12172 Filed 6–14–17; 8:45 am]
                                             been authorized by the Manager, Seattle
                                             ACO, to make those findings. To be                      BILLING CODE 4910–13–P                                 3143.
                                             approved, the repair method, modification                                                                      Examining the AD Docket
                                             deviation, or alteration deviation must meet
                                             the certification basis of the airplane, and the        DEPARTMENT OF TRANSPORTATION                             You may examine the AD docket on
                                             approval must specifically refer to this AD.                                                                   the Internet at http://
                                                (4) For service information that contains            Federal Aviation Administration                        www.regulations.gov by searching for
                                             steps that are labeled as Required for                                                                         and locating Docket No. FAA–2015–
                                             Compliance (RC), the provisions of                      14 CFR Part 39                                         3143; or in person at the Docket
                                             paragraphs (i)(4)(i) and (i)(4)(ii) of this AD                                                                 Management Facility between 9 a.m.
                                             apply.                                                  [Docket No. FAA–2015–3143; Directorate
                                                (i) The steps labeled as RC, including               Identifier 2015–NM–047–AD; Amendment                   and 5 p.m., Monday through Friday,
                                             substeps under an RC step and any figures               39–18924; AD 2017–12–09]                               except Federal holidays. The AD docket
                                             identified in an RC step, must be done to                                                                      contains this AD, the regulatory
                                                                                                     RIN 2120–AA64                                          evaluation, any comments received, and
                                             comply with the AD. If a step or substep is
                                             labeled ‘‘RC Exempt,’’ then the RC
                                                                                                     Airworthiness Directives; Empresa                      other information. The street address for
                                             requirement is removed from that step or                                                                       the Docket Office (telephone 800–647–
                                             substep. An AMOC is required for any                    Brasileira de Aeronautica S.A.
                                                                                                     (Embraer) Airplanes                                    5527) is Docket Management Facility,
                                             deviations to RC steps, including substeps                                                                     U.S. Department of Transportation,
                                             and identified figures.
                                                (ii) Steps not labeled as RC may be
                                                                                                     AGENCY:  Federal Aviation                              Docket Operations, M–30, West
                                             deviated from using accepted methods in                 Administration (FAA), Department of                    Building Ground Floor, Room W12–140,
                                             accordance with the operator’s maintenance              Transportation (DOT).                                  1200 New Jersey Avenue SE.,
                                             or inspection program without obtaining                 ACTION: Final rule.                                    Washington, DC 20590.
                                             approval of an AMOC, provided the RC steps,                                                                    FOR FURTHER INFORMATION CONTACT:
                                             including substeps and identified figures, can          SUMMARY:   We are adopting a new                       Todd Thompson, Aerospace Engineer,
                                             still be done as specified, and the airplane            airworthiness directive (AD) for certain               International Branch, ANM–116,
                                             can be put back in an airworthy condition.              Empresa Brasileira de Aeronautica S.A.                 Transport Airplane Directorate, FAA,
                                             (j) Related Information                                 (Embraer) Model EMB–135 airplanes                      1601 Lind Avenue SW., Renton, WA
                                                For more information about this AD,                  and Model EMB–145, –145ER, –145MR,                     98057–3356; telephone 425–227–1175;
                                             contact Stanley Chen, Aerospace Engineer,               –145LR, –145MP, –145EP, and –145XR                     fax 425–227–1149.
                                             Cabin Safety and Environmental Systems                  airplanes. This AD was prompted by a
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                             Branch, ANM–150S, FAA, Seattle ACO, 1601                report of chafing found between the fuel
                                             Lind Avenue SW., Renton, WA 98057–3356;                 pump electrical harness and the fuel                   Discussion
                                             phone: 425–917–6585; fax: 425–917–6590;                 pump tubing during scheduled
                                             email: stanley.chen@faa.gov.                                                                                     We issued a supplemental notice of
                                                                                                     maintenance. This AD requires a                        proposed rulemaking (SNPRM) to
                                             (k) Material Incorporated by Reference                  detailed inspection for chafing on the                 amend 14 CFR part 39 by adding an AD
                                                (1) The Director of the Federal Register             electrical harness of each electrical fuel             that would apply to certain Empresa
                                             approved the incorporation by reference                 pump in the fuel tanks, replacement of                 Brasileira de Aeronautica S.A. (Embraer)
                                             (IBR) of the service information listed in this         the affected electrical fuel pump with a               Model EMB–135 airplanes and Model
                                             paragraph under 5 U.S.C. 552(a) and 1 CFR               new or serviceable pump if necessary,
                                             part 51.
                                                                                                                                                            EMB–145, –145ER, –145MR, –145LR,
                                                                                                     and installation of clamps on the fuel                 –145MP, –145EP, and –145XR
                                                (2) You must use this service information            pump electrical harnesses. We are
                                             as applicable to do the actions required by                                                                    airplanes. The SNPRM published in the
                                                                                                     issuing this AD to address the unsafe                  Federal Register on August 5, 2016 (81
                                             this AD, unless the AD specifies otherwise.
                                                (i) Boeing Alert Service Bulletin 737–               condition on these products.                           FR 51815) (‘‘the SNPRM’’). We preceded
                                             21A1203, dated June 8, 2016.                            DATES: This AD is effective July 20,                   the SNPRM with a notice of proposed
pmangrum on DSK3GDR082PROD with RULES




                                                (ii) Reserved.                                       2017.                                                  rulemaking (NPRM) that published in
                                                (3) For service information identified in               The Director of the Federal Register                the Federal Register on August 21, 2015
                                             this AD, contact Boeing Commercial                      approved the incorporation by reference
                                             Airplanes, Attention: Contractual & Data
                                                                                                                                                            (80 FR 50812) (‘‘the NPRM’’). The
                                                                                                     of certain publications listed in this AD              NPRM proposed to require a detailed
                                             Services (C&DS), 2600 Westminster Blvd.,
                                             MC 110–SK57, Seal Beach, CA 90740–5600;                 as of July 20, 2017.                                   inspection for chafing on the electrical
                                             telephone 562–797–1717; Internet https://               ADDRESSES: For service information                     harness of each electrical fuel pump in
                                             www.myboeingfleet.com.                                  identified in this final rule, contact                 the fuel tanks, replacement of the


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Document Created: 2017-06-15 01:03:59
Document Modified: 2017-06-15 01:03:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective July 20, 2017.
ContactStanley Chen, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: [email protected]
FR Citation82 FR 27416 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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