AD 2019-09-01

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-10657]


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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.

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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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0961.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: 
<a href="/cdn-cgi/l/email-protection#620410030c094c0103101007100311220403034c050d14"><span class="__cf_email__" data-cfemail="224450434c490c4143505047504351624443430c454d54">[email&#160;protected]</span></a>.

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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
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    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: <a href="/cdn-cgi/l/email-protection#764f5b37383b5b3a373735395b373b39355b24130703130502053610171758111900"><span class="__cf_email__" data-cfemail="70495d313e3d5d3c3131333f5d313d3f335d2215010515030403301611115e171f06">[email&#160;protected]</span></a>.
    (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: <a href="/cdn-cgi/l/email-protection#127460737c793c7173606077607361527473733c757d64"><span class="__cf_email__" data-cfemail="2d4b5f4c4346034e4c5f5f485f4c5e6d4b4c4c034a425b">[email&#160;protected]</span></a>.
    (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: 
<a href="/cdn-cgi/l/email-protection#1c76797a7a6e7965326b326c7d7071796e5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="b4ded1d2d2c6d1cd9ac39ac4d5d8d9d1c6f4d2d5d59ad3dbc2">[email&#160;protected]</span></a>.

(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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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