Airworthiness Directives; The Boeing Company Airplanes, 73282-73286 [2012-29469]
Download as PDF
73282
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(l) Related Information
Refer to MCAI European Aviation Safety
Agency Airworthiness Directive 2011–0219,
dated November 11, 2011, and the service
information specified in paragraphs (l)(1)
through (l)(3) of this AD, for related
information.
(1) Saab Service Bulletin 340–27–097,
Revision 03, dated April 19, 2012.
(2) Saab Service Bulletin 340–27–098,
Revision 01, dated April 13, 2012.
(3) Saab Service Bulletin 340–27–099,
Revision 01, dated April 13, 2012.
(m) Material Incorporated by Reference
srobinson on DSK4SPTVN1PROD with
(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) Saab Service Bulletin 340–27–097,
Revision 03, dated April 19, 2012.
(ii) Saab Service Bulletin 340–27–098,
Revision 01, dated April 13, 2012.
(iii) Saab Service Bulletin 340–27–099,
Revision 01, dated April 13, 2012.
(3) For service information identified in
this AD, contact Saab AB, Saab Aeronautics,
¨
SE–581 88, Linkoping, Sweden; telephone
+46 13 18 5591; fax +46 13 18 4874; email
saab340techsupport@saabgroup.com;
Internet https://www.saabgroup.com.
(4) You may review copies of the 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
November 21, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–29169 Filed 12–7–12; 8:45 am]
BILLING CODE 4910–13–P
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0186; Directorate
Identifier 2011–NM–268–AD; Amendment
39–17278; AD 2012–24–08]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 737–600,
–700, –700C, –800, –900, and –900ER
series airplanes. This AD was prompted
by reports of flight crew failure to
activate air data probe heat. This AD
requires modifying the anti-icing system
for the angle of attack sensor, the total
air temperature, and the pitot probes.
We are issuing this AD to prevent ice
from forming on air data system sensors
and consequent loss of or misleading
airspeed indication on all airspeed
indicating systems, which could lead to
loss of control of the airplane.
DATES: This AD is effective January 14,
2013.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of January 14, 2013.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, WA 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; Internet https://
www.myboeingfleet.com. You may
review copies of the 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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; 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
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Frm 00020
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Discussion
SUMMARY:
PO 00000
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Frank Carreras, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office (ACO), 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–
917–6442; fax: 425–917–6590; email:
frank.carreras@faa.gov.
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM published in the Federal
Register on February 28, 2012 (77 FR
11789). That NPRM proposed to require
modifying the anti-icing system for the
angle of attack sensor, the total air
temperature, and the pitot probes.
Actions Since Issuance of NPRM (77 FR
11789, February 28, 2012)
Since we issued the NPRM (77 FR
11789, February 28, 2012), we reviewed
Boeing Alert Service Bulletin 737–
30A1063, Revision 1, dated July 10,
2012. (The NPRM referred to Boeing
Alert Service Bulletin 737–30A1063,
dated November 16, 2011.) Among other
things, Boeing Alert Service Bulletin
737–30A1063, Revision 1, dated July 10,
2012, updates certain information,
including part numbers, various
accomplishment steps, certain modules,
maintenance manuals, and kit
information.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the proposal (77 FR 11789,
February 28, 2012) and the FAA’s
response to each comment. Aviation
Partners Boeing stated that installation
of winglets per STC ST00830SE does
not affect the NPRM and stated it would
provide supporting data to the FAA
upon request.
Request To Revise Compliance Time
Seven commenters requested that we
revise the 24-month compliance time, as
proposed in the NPRM (77 FR 11789,
February 28, 2012).
Korean Air Lines (KAL), Air Pacific
Limited (APC), Delta Air Lines, Inc.
(DAL), American Airlines (AAL), United
Airlines (UAL), and Southwest Airlines
(SWA) requested we extend the
compliance time. UAL and AAL
requested we take into account the time
needed to obtain modification kits and
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with
to modify the panels. SWA and AAL
stated that the compliance time will
result in unscheduled maintenance
outside of a heavy maintenance cycle.
SWA stated unscheduled maintenance
visits could last up to four days outside
of a heavy maintenance cycle. APC
noted it would not be able to
accomplish the actions during this
year’s C-checks, which are at 2-year
intervals.
Turkish Airlines (THY) stated that the
proposed 24-month compliance time
may not be enough for fleet-wide retrofit
since the P5–9 panel modification
restricts the rate of aircraft modification.
KAL requested that the compliance time
be extend to 30 or more months. DAL
requested that the compliance time be
extended to 36 months due to several
factors. DAL cited the rate at which
operators can complete the
modification, expected late kit release
based on revisions in service
information linked to the service
bulletin validation process, and
‘‘flawed’’ service information. DAL also
compared the modification specified in
this NPRM (77 FR 11789, February 28,
2012) with a similar modification that
installs warning lights to the P1–3 and
P3–1 panels, and stated that this similar
modification has a 36-month
compliance time.
We disagree with these requests to
extend the compliance time. In
developing an appropriate compliance
time for these actions, we considered
the urgency associated with the subject
unsafe condition, the practical aspect of
accomplishing the required
modification and the normal scheduled
maintenance times for most affected
operators. In consideration of these
items, as well as parts availability, we
have determined that the 24-month
compliance time for the modification is
the longest duration allowable that will
ensure an acceptable level of safety.
According to the provisions of
paragraph (i) of this AD, however, we
may approve requests to adjust the
compliance time if the requests include
data substantiating that the new
compliance time would provide an
acceptable level of safety. We have not
changed the final rule regarding this
issue.
Request To Include an Alerting System
Air Line Pilots Association
International (ALPA) requested that we
revise the NPRM (77 FR 11789,
February 28, 2012) by including an
alerting system as part of the proposed
requirements. ALPA stated that any
automatic system design must include a
crew alerting system to provide the
flight crew with an aural and visual
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
indication if the heating system does not
automatically activate or is not
functioning properly. ALPA further
states that human factors principles
should be integrated into a warning
system design to ensure that factors
such as pilot field of view and nuisance
warnings due to normal ground
operations (e.g., single engine taxi) are
fully evaluated. ALPA stated that
Boeing Model 747–400 airplanes have
an automatic system and this system
provides crews with an engine
indicating and crew alerting system
(EICAS) message if any item in the air
data probe suite is not being heated,
either due to heating element failure or
if the system fails to activate upon
engine start. ALPA reasoned that a
similar alerting system should be
included in the proposed system for
Model 737 airplanes.
We agree that if the heating system
does not automatically activate or is not
functioning properly, the flight crew
should receive an alert. We also agree
that human factors principles should be
considered in an alert system design.
These principles are consistent with
FAA regulations, policy, and guidance.
However, we disagree with revising
this AD to include changes to the flight
crew alerting for pitot heat malfunctions
on Model 737 airplanes because that
model incorporates ‘‘CAPT PITOT’’ and
‘‘F/O PITOT’’ caution lights on the P5–
9 overhead panel for the captain’s and
first officer’s probe heat. Both caution
lights are tied to a Master Caution light
in each pilot’s primary field of view and
an ‘‘Anti-ice’’ caution light that alerts
the pilots to check the overhead panel
for the specific condition causing the
Master Caution and ‘‘Anti-ice’’ lights to
illuminate. The captain’s and/or first
officer’s PITOT light will illuminate
whenever a loss of electrical current
flow is sensed through the respective
pitot probe heater. The practical effect
of the change to automatic probe heat
activation is that when the probe heat
switch is in AUTO, the respective
PITOT light should be out when either
engine is running. Therefore, if the
switch is in AUTO and the
corresponding PITOT light remains on
with either engine running, a
malfunction of the automatic activation
system is indicated.
Flight crew procedures for both
normal and non-normal operation of the
pitot heat system are unaffected by this
change. We have determined that the
existing flight crew alerting for pitot
heat malfunctions provides adequate
flight crew alerting for pitot heat
malfunctions on Model 737 airplanes,
whether the system is manually or
automatically activated. Furthermore,
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
73283
since probe heat is activated with the
probe heat switch in AUTO when either
engine is running, single engine taxi
should not generate nuisance warnings;
a PITOT light during single engine taxi
would indicate a malfunction of the
automatic activation system. No change
to the final rule is necessary in this
regard.
Request To Revise Precipitating Event
Language
Boeing requested we revise the
sentence in the Summary section of the
NPRM (77 FR 11789, February 28, 2012)
that describes the precipitating event,
i.e., ‘‘reports of flight crew failure to
activate air data probe heat.’’ Boeing
suggested that the phrase ‘‘as required
by the FAA approved operating
procedures’’ be added to the end of the
sentence in question. Boeing reasoned
that the suggested text would make it
clear that existing Boeing Model 737NG
operating procedures are FAA-approved
and that the flight crew failed to
perform a required action.
We disagree with the commenter’s
request to revise the language that
describes the precipitating event.
Regardless of whether the flight crew
adhered to prescribed operating
procedures, we consider that failure to
activate the air data probe heat on the
part of the flight crew represents an
unacceptable risk to the affected
airplanes, as evidenced by the current
lack of an automatic probe heat
activation system in combination with
the demonstrated accident and incident
history on the type associated with
failure to activate probe heat. In
addition, the purpose of this AD is to
identify and correct an unsafe condition
in the type design of the affected
airplanes. We find that the precipitating
event statement is accurate as originally
worded in the NPRM (77 FR 11789,
February 28, 2012). We have not made
any change to the final rule in this
regard.
Request To Revise Unsafe Condition
Statement
Boeing requested we revise the unsafe
condition statement in the Summary
section, Discussion section, and
paragraph (e) of the NPRM (77 FR
11789, February 28, 2012). Boeing stated
that the text ‘‘* * * which could lead
to loss of control of the airplane’’ should
read, ‘‘* * * which would not provide
the necessary air data instrumentation
to safely fly the airplane.’’ Boeing stated
that loss of, or erroneous, airspeed
indications do not necessarily lead to
loss of control because other indications
can be used to safely fly the airplane.
Boeing noted that multiple in-service
E:\FR\FM\10DER1.SGM
10DER1
73284
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with
events have occurred without loss of
control when the flight crew followed
the procedures that mitigate loss of air
data.
We disagree with the commenter’s
request to revise the unsafe condition
statement. Although some in-service
events might have occurred without loss
of control, loss of, or misleading
airspeed indication on all airspeed
indicating systems can, in fact, lead to
an unsafe condition of loss of airplane
control. FAA Advisory Circular (AC)
25–11A, ‘‘Electronic Flight Deck
Displays,’’ dated June 21, 2007 (https://
rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/
7d6139991c94e7d9862573080063f84d/
$FILE/AC%2025-11A.pdf), typically
classifies loss of all airspeed displays
(including the standby display) as a
‘‘catastrophic’’ failure condition.
‘‘Catastrophic’’ is defined in FAA AC
25.1309–1A, ‘‘System Design and
Analysis,’’ dated June 21, 1988 (https://
rgl.faa.gov/
Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/
50bfe03b65af9ea3862569d100733174/
$FILE/AC25.1309-1A.pdf) as a failure
condition which would prevent
continued safe flight and landing. FAA
AC 25–11A also classifies display of
misleading airspeed information on one
primary display combined with a
standby failure (i.e., loss of airspeed or
incorrect airspeed) as a ‘‘catastrophic’’
failure condition. As specified in
National Transportation Safety Board
(NTSB) Safety Recommendation A–07–
56, dated September 13, 2007 (https://
www.ntsb.gov/doclib/recletters/2007/
a07_55_56.pdf), in at least one inservice event on a Boeing Model 737
airplane, it was determined that this
condition ultimately resulted in a loss of
airplane control with fatal injuries.
In addition, we agree with Boeing’s
identification of the effects of unreliable
air data, as given in the Background
section of Boeing Alert Service Bulletin
737–30A1063, dated November 16,
2011; and Revision 1, dated July 10,
2012. For these reasons, we find that the
unsafe condition statement is accurate
as originally worded in the NPRM (77
FR 11789, February 28, 2012). We have
not made any change to the final rule in
this regard.
Request To Revise Discussion Section of
the NPRM (77 FR 11789, February 28,
2012)
Boeing requested we revise certain
text in the Discussion section of the
NPRM (77 FR 11789, February 28,
2012):
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
• To indicate existing compliance of
pitot heat alerting with section 25.1326
of the Federal Aviation Regulations (14
CFR 25.1326);
• To indicate failure of the flight crew
to respond properly to the amber
caution-level indication of a lack of
probe heat; and
• To state that the indication is in
clear view of a flight crew member.
Boeing stated the changes are needed for
the following reasons:
• To correctly state that the system
provides indication of a lack of probe
heat activation, as required by section
25.1326 of the Federal Aviation
Regulations (14 CFR 25.1326), rather
than a positive indication of heat
activation, as stated by the FAA (and
which would not be compliant);
• To make it clear that the existing
indication is compliant;
• To correct the ‘‘blameless’’ tone of
the passive voice used in the first
sentence of the Discussion section by
making it clear that it is only the flight
crew that can fail to activate the probe
heat, which is one of the advantages of
a manual system; and
• To make it explicit that the unsafe
condition is not only a result of flight
crew failure to activate the probe heat,
but also a result of the flight crew
ignoring the caution-level indication
that is in plain view.
Since the Discussion section of the
NPRM (77 FR 11789, February 28, 2012)
is not restated in the final rule, we
cannot change that section. However,
we find that clarification is necessary.
According to section 39.5 of the
Federal Aviation Regulations (14 CFR
39.5), we issue ADs when we find that
an unsafe condition exists in the
product, and that the unsafe condition
is likely to exist or develop in other
products of the same type design. We
made such a finding with respect to the
pitot heat system of the affected
airplanes in this AD action. Therefore,
it is our responsibility to correct the
unsafe condition independent of
whether the design was considered
compliant to applicable airworthiness
standards; an AD is the appropriate
vehicle for doing so.
Additionally, we do not make
findings for the incidents identified in
safety recommendations issued by the
National Transportation Safety Board
(NTSB). We do not have any
information that supports the argument
that the flight crews involved in the
incidents identified in the NTSB safety
recommendation deliberately
disregarded a properly functioning pitot
heat alert that they had observed. Many
possible scenarios associated with pitot
heat alerting could contribute to the
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
failure of the flight crew to activate the
probe heat; including a malfunction of
probe heat alerting resulting in failure to
provide an indication of lack of
activation, the flight crew not observing
or properly identifying the alert due to
various factors (even though certain
elements of the alerting system are
within the pilots’ primary field of view),
or the flight crew not understanding the
meaning of the alert or the proper
procedures for responding to it.
We have not made any changes to the
final rule in this regard.
Request To Revise Cost Estimate
AAL, DAL, and SWA requested that
we revise the cost estimate of the NPRM
(77 FR 11789, February 28, 2012). AAL
stated the NPRM and service
information underestimate the labor
cost by greater than 50 percent. AAL
stated that additional out-of-service
days and lost opportunity cost should
be included in the Cost of Compliance
section of the NPRM. DAL stated there
is a significant investment in excess of
$250,000 in ‘‘seed’’ modules that are
necessary to minimize the risk of not
accomplishing the proposed changes.
DAL concluded that this cost is not
represented in the Costs of Compliance
of the NPRM. SWA stated the expected
labor cost is underestimated by 32 workhours due to removal and reinstallation
of lavatory A and galley #1.
We partially agree with the
commenters’ request to revise the cost
estimate. We do not agree to change the
AD to accommodate the investment in
‘‘seed’’ modules, since this appears to be
an operator-specific cost associated with
individual maintenance scheduling.
Also, we disagree that the cost estimate
is underestimated by greater than 50
percent. However, we revised the Costs
of Compliance section of this AD as
follows. We revised the parts cost to
match the information presented in
Boeing Alert Service Bulletin 737–
30A1063, Revision 1, dated July 10,
2012. In addition, we included 30
additional work-hours for removing and
reinstalling lavatory and galley
monuments that might be necessary to
do the modification. This information
was coordinated with Boeing.
Request To Reference Revised Service
Information
Several commenters noted that Boeing
Alert Service Bulletin 737–30A1063,
dated November 16, 2011, is inadequate.
That service information is cited in the
NPRM (77 FR 11789, February 28, 2012)
as the appropriate source of service
information for accomplishing the
required actions. The commenters
requested that the service information
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
be revised to incorporate certain
clarifications. One airline, DAL,
specifically requested that the final rule
not be released until the service
information has been validated.
We agree. As explained previously,
Boeing Alert Service Bulletin 737–
30A1063, Revision 1, dated July 10,
2012, has been issued. This service
information has been validated by
means of use of an aircraft in
maintenance, and is referenced in this
final rule as the appropriate source of
service information. In addition, we
added a new paragraph (h) to this AD
(and re-designated subsequent
paragraphs) to provide credit for certain
actions performed before the effective
date of this AD using Boeing Alert
Service Bulletin 737–30A1063, dated
November 16, 2011.
DAL also requested we specify
‘‘revisions to BAE Systems Service
Bulletin 233A3201–30–02’’ as approved
service information, and provide contact
information for BAE. (The commenter
did not specify a revision level or date
for the BAE service information.) DAL
stated that its review of the BAE
Systems service information (which
provides instructions on how to modify
the P5–9 window/pitot heat module to
the required ON and AUTO pitot heat
switch configuration) identified
discrepancies in the Accomplishment
Instructions.
DAL provided examples of the
identified discrepancies, including
connector identifications and the
number of printed wire assemblies on
the P5–9 modules. DAL stated it has
contacted Boeing and BAE Systems to
seek resolution of these discrepancies.
DAL added that BAE concurred that
its service information will require
revision. DAL indicated that additional
revision of the Boeing service
information might be required in light of
any BAE Systems service information
revision. DAL noted that the service
information, as currently published,
would necessitate that operators request
approval of alternative methods of
compliance (AMOC) for resolutions to
the identified discrepancies in order to
comply with the final rule.
We find that clarification is necessary.
The intent of this AD is to require
installation of a P5–9 module with
AUTO and ON pitot heat switch
functionality that supports automatic
pitot heat activation. As discussed
previously, we reviewed Boeing Alert
Service Bulletin 737–30A1063, dated
November 16, 2011; and Boeing Alert
Service Bulletin 737–30A1063, Revision
1, dated July 10, 2012; and determined
that this service information provides
sufficient instructions to adequately
correct the unsafe condition. Operators
73285
may use either the original issue or
Boeing Alert Service Bulletin 737–
30A1063, Revision 1, dated July 10,
2012, to comply with the AD
requirements. However, this AD does
not require accomplishment of the BAE
service information. No change to the
final rule is necessary in this regard.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We have determined that these minor
changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
11789, February 28, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 11789,
February 28, 2012).
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of the AD.
Costs of Compliance
We estimate that this AD affects 1,025
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Modification, including removing
and reinstalling galleys and lavatories.
90 to 109 work-hours × $85 per
hour = $7,650 to $9,265.
$6,674 to $8,051 ........
Up to $17,316 .............
srobinson on DSK4SPTVN1PROD with
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
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
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
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Cost on U.S.
operators
Up to $17,748,900.
(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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
E:\FR\FM\10DER1.SGM
10DER1
73286
§ 39.13
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2012–24–08 The Boeing Company:
Amendment 39–17278; Docket No.
FAA–2012–0186; Directorate Identifier
2011–NM–268–AD.
(a) Effective Date
This AD is effective January 14, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–600, –700, –700C, –800, –900,
and –900ER series airplanes; certificated in
any category; as identified in Boeing Alert
Service Bulletin 737–30A1063, Revision 1,
dated July 10, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 3030, Pitot/Static Anti-Ice System.
(e) Unsafe Condition
This AD was prompted by reports of flight
crew failure to activate air data probe heat.
We are issuing this AD to prevent ice from
forming on air data system sensors and
consequent loss of or misleading airspeed
indication on all airspeed indicating systems,
which could lead to loss of control of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Modification
Within 24 months after the effective date
of this AD: Modify the anti-icing system for
the angle of attack sensor, the total air
temperature, and the pitot probes, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–30A1063, Revision 1, dated July 10,
2012.
srobinson on DSK4SPTVN1PROD with
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Boeing Alert Service
Bulletin 737–30A1063, dated November 16,
2011, which is not incorporated by reference
in this AD.
(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
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 the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
(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.
(j) Related Information
For more information about this AD,
contact Frank Carreras, Aerospace Engineer,
Systems and Equipment Branch, ANM–130S,
FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6442; fax: 425–
917–6590; email: frank.carreras@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–
30A1063, Revision 1, dated July 10, 2012.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com.
(4) You may view this service information
at 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
November 23, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–29469 Filed 12–7–12; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2012–0037]
16 CFR Part 1500
Codification of Animal Testing Policy
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
The Consumer Product Safety
Commission (CPSC or Commission)
codifies its statement of policy on
animal testing that provides guidance
for manufacturers of products subject to
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
the Federal Hazardous Substances Act
(FHSA) regarding replacement,
reduction, and refinement of animal
testing methods.
DATES:
Effective January 9, 2013.
FOR FURTHER INFORMATION CONTACT:
Leslie E. Patton, Ph.D., Project Manager,
Office of Hazard Identification and
Reduction, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7848;
lpatton@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On June 29, 2012, the Commission
issued a notice of proposed rulemaking
to amend regulations on the CPSC’s
animal testing methods under 16 CPR
part 1500 to clarify alternative test
methods that replace, reduce, or refine
animal testing. 77 FR 38754. The final
rule on the Commission’s regulations on
animal testing under 16 CFR part 1500
is published elsewhere in this Federal
Register. The final rule on revisions to
the animal testing regulations is
effective 30 days after publication of the
rule in the Federal Register.
In addition, on June 29, 2012, the
Commission also proposed to codify its
statement of policy on animal testing to
reflect new methods accepted by the
scientific community as replacements,
reductions, or refinements to animal
tests including recommendations of and
test methods of the Interagency
Coordinating Committee on the
Validation of Alternative Methods
(ICCVAM; https://iccvam.niehs.nih.gov/
home.htm). 77 FR 38751. Codification at
16 CFR 1500.232 would make the
ICCVAM recommendations and
Commission’s animal testing policy
more accessible and transparent to
interested parties. Although the
Commission proposed to make the
animal testing policy effective on the
date of publication in the Federal
Register, because the animal testing
policy references sections of the animal
testing regulations in 16 CFR part 1500,
we will make the statement of policy
effective on the same date, 30 days after
publication of the policy in the Federal
Register. The Commission has also
established a Web page on the CPSC’s
Web site at https://www.cpsc.gov/library/
animaltesting.html regarding the
ICCVAM recommendations and new
developments in test methods that
replace, reduce, or refine animal testing.
After consideration of the comments,
the Commission codifies its final
statement of policy on animal testing.
E:\FR\FM\10DER1.SGM
10DER1
Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73282-73286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29469]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0186; Directorate Identifier 2011-NM-268-AD;
Amendment 39-17278; AD 2012-24-08]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD was prompted by reports of flight crew
failure to activate air data probe heat. This AD requires modifying the
anti-icing system for the angle of attack sensor, the total air
temperature, and the pitot probes. We are issuing this AD to prevent
ice from forming on air data system sensors and consequent loss of or
misleading airspeed indication on all airspeed indicating systems,
which could lead to loss of control of the airplane.
DATES: This AD is effective January 14, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 14,
2013.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; 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 Document 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: Frank Carreras, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6442; fax: 425-917-6590; email:
frank.carreras@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on February 28, 2012 (77 FR
11789). That NPRM proposed to require modifying the anti-icing system
for the angle of attack sensor, the total air temperature, and the
pitot probes.
Actions Since Issuance of NPRM (77 FR 11789, February 28, 2012)
Since we issued the NPRM (77 FR 11789, February 28, 2012), we
reviewed Boeing Alert Service Bulletin 737-30A1063, Revision 1, dated
July 10, 2012. (The NPRM referred to Boeing Alert Service Bulletin 737-
30A1063, dated November 16, 2011.) Among other things, Boeing Alert
Service Bulletin 737-30A1063, Revision 1, dated July 10, 2012, updates
certain information, including part numbers, various accomplishment
steps, certain modules, maintenance manuals, and kit information.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 11789, February 28, 2012) and the FAA's response to each
comment. Aviation Partners Boeing stated that installation of winglets
per STC ST00830SE does not affect the NPRM and stated it would provide
supporting data to the FAA upon request.
Request To Revise Compliance Time
Seven commenters requested that we revise the 24-month compliance
time, as proposed in the NPRM (77 FR 11789, February 28, 2012).
Korean Air Lines (KAL), Air Pacific Limited (APC), Delta Air Lines,
Inc. (DAL), American Airlines (AAL), United Airlines (UAL), and
Southwest Airlines (SWA) requested we extend the compliance time. UAL
and AAL requested we take into account the time needed to obtain
modification kits and
[[Page 73283]]
to modify the panels. SWA and AAL stated that the compliance time will
result in unscheduled maintenance outside of a heavy maintenance cycle.
SWA stated unscheduled maintenance visits could last up to four days
outside of a heavy maintenance cycle. APC noted it would not be able to
accomplish the actions during this year's C-checks, which are at 2-year
intervals.
Turkish Airlines (THY) stated that the proposed 24-month compliance
time may not be enough for fleet-wide retrofit since the P5-9 panel
modification restricts the rate of aircraft modification. KAL requested
that the compliance time be extend to 30 or more months. DAL requested
that the compliance time be extended to 36 months due to several
factors. DAL cited the rate at which operators can complete the
modification, expected late kit release based on revisions in service
information linked to the service bulletin validation process, and
``flawed'' service information. DAL also compared the modification
specified in this NPRM (77 FR 11789, February 28, 2012) with a similar
modification that installs warning lights to the P1-3 and P3-1 panels,
and stated that this similar modification has a 36-month compliance
time.
We disagree with these requests to extend the compliance time. In
developing an appropriate compliance time for these actions, we
considered the urgency associated with the subject unsafe condition,
the practical aspect of accomplishing the required modification and the
normal scheduled maintenance times for most affected operators. In
consideration of these items, as well as parts availability, we have
determined that the 24-month compliance time for the modification is
the longest duration allowable that will ensure an acceptable level of
safety. According to the provisions of paragraph (i) of this AD,
however, we may approve requests to adjust the compliance time if the
requests include data substantiating that the new compliance time would
provide an acceptable level of safety. We have not changed the final
rule regarding this issue.
Request To Include an Alerting System
Air Line Pilots Association International (ALPA) requested that we
revise the NPRM (77 FR 11789, February 28, 2012) by including an
alerting system as part of the proposed requirements. ALPA stated that
any automatic system design must include a crew alerting system to
provide the flight crew with an aural and visual indication if the
heating system does not automatically activate or is not functioning
properly. ALPA further states that human factors principles should be
integrated into a warning system design to ensure that factors such as
pilot field of view and nuisance warnings due to normal ground
operations (e.g., single engine taxi) are fully evaluated. ALPA stated
that Boeing Model 747-400 airplanes have an automatic system and this
system provides crews with an engine indicating and crew alerting
system (EICAS) message if any item in the air data probe suite is not
being heated, either due to heating element failure or if the system
fails to activate upon engine start. ALPA reasoned that a similar
alerting system should be included in the proposed system for Model 737
airplanes.
We agree that if the heating system does not automatically activate
or is not functioning properly, the flight crew should receive an
alert. We also agree that human factors principles should be considered
in an alert system design. These principles are consistent with FAA
regulations, policy, and guidance.
However, we disagree with revising this AD to include changes to
the flight crew alerting for pitot heat malfunctions on Model 737
airplanes because that model incorporates ``CAPT PITOT'' and ``F/O
PITOT'' caution lights on the P5-9 overhead panel for the captain's and
first officer's probe heat. Both caution lights are tied to a Master
Caution light in each pilot's primary field of view and an ``Anti-ice''
caution light that alerts the pilots to check the overhead panel for
the specific condition causing the Master Caution and ``Anti-ice''
lights to illuminate. The captain's and/or first officer's PITOT light
will illuminate whenever a loss of electrical current flow is sensed
through the respective pitot probe heater. The practical effect of the
change to automatic probe heat activation is that when the probe heat
switch is in AUTO, the respective PITOT light should be out when either
engine is running. Therefore, if the switch is in AUTO and the
corresponding PITOT light remains on with either engine running, a
malfunction of the automatic activation system is indicated.
Flight crew procedures for both normal and non-normal operation of
the pitot heat system are unaffected by this change. We have determined
that the existing flight crew alerting for pitot heat malfunctions
provides adequate flight crew alerting for pitot heat malfunctions on
Model 737 airplanes, whether the system is manually or automatically
activated. Furthermore, since probe heat is activated with the probe
heat switch in AUTO when either engine is running, single engine taxi
should not generate nuisance warnings; a PITOT light during single
engine taxi would indicate a malfunction of the automatic activation
system. No change to the final rule is necessary in this regard.
Request To Revise Precipitating Event Language
Boeing requested we revise the sentence in the Summary section of
the NPRM (77 FR 11789, February 28, 2012) that describes the
precipitating event, i.e., ``reports of flight crew failure to activate
air data probe heat.'' Boeing suggested that the phrase ``as required
by the FAA approved operating procedures'' be added to the end of the
sentence in question. Boeing reasoned that the suggested text would
make it clear that existing Boeing Model 737NG operating procedures are
FAA-approved and that the flight crew failed to perform a required
action.
We disagree with the commenter's request to revise the language
that describes the precipitating event. Regardless of whether the
flight crew adhered to prescribed operating procedures, we consider
that failure to activate the air data probe heat on the part of the
flight crew represents an unacceptable risk to the affected airplanes,
as evidenced by the current lack of an automatic probe heat activation
system in combination with the demonstrated accident and incident
history on the type associated with failure to activate probe heat. In
addition, the purpose of this AD is to identify and correct an unsafe
condition in the type design of the affected airplanes. We find that
the precipitating event statement is accurate as originally worded in
the NPRM (77 FR 11789, February 28, 2012). We have not made any change
to the final rule in this regard.
Request To Revise Unsafe Condition Statement
Boeing requested we revise the unsafe condition statement in the
Summary section, Discussion section, and paragraph (e) of the NPRM (77
FR 11789, February 28, 2012). Boeing stated that the text ``* * * which
could lead to loss of control of the airplane'' should read, ``* * *
which would not provide the necessary air data instrumentation to
safely fly the airplane.'' Boeing stated that loss of, or erroneous,
airspeed indications do not necessarily lead to loss of control because
other indications can be used to safely fly the airplane. Boeing noted
that multiple in-service
[[Page 73284]]
events have occurred without loss of control when the flight crew
followed the procedures that mitigate loss of air data.
We disagree with the commenter's request to revise the unsafe
condition statement. Although some in-service events might have
occurred without loss of control, loss of, or misleading airspeed
indication on all airspeed indicating systems can, in fact, lead to an
unsafe condition of loss of airplane control. FAA Advisory Circular
(AC) 25-11A, ``Electronic Flight Deck Displays,'' dated June 21, 2007
(https://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgAdvisoryCircular.nsf/0/7d6139991c94e7d9862573080063f84d/$FILE/
AC%2025-11A.pdf), typically classifies loss of all airspeed displays
(including the standby display) as a ``catastrophic'' failure
condition. ``Catastrophic'' is defined in FAA AC 25.1309-1A, ``System
Design and Analysis,'' dated June 21, 1988 (https://rgl.faa.gov/
Regulatory--and--Guidance--Library/rgAdvisoryCircular.nsf/0/
50bfe03b65af9ea3862569d100733174/$FILE/AC25.1309-1A.pdf) as a failure
condition which would prevent continued safe flight and landing. FAA AC
25-11A also classifies display of misleading airspeed information on
one primary display combined with a standby failure (i.e., loss of
airspeed or incorrect airspeed) as a ``catastrophic'' failure
condition. As specified in National Transportation Safety Board (NTSB)
Safety Recommendation A-07-56, dated September 13, 2007 (https://www.ntsb.gov/doclib/recletters/2007/a07_55_56.pdf), in at least one
in-service event on a Boeing Model 737 airplane, it was determined that
this condition ultimately resulted in a loss of airplane control with
fatal injuries.
In addition, we agree with Boeing's identification of the effects
of unreliable air data, as given in the Background section of Boeing
Alert Service Bulletin 737-30A1063, dated November 16, 2011; and
Revision 1, dated July 10, 2012. For these reasons, we find that the
unsafe condition statement is accurate as originally worded in the NPRM
(77 FR 11789, February 28, 2012). We have not made any change to the
final rule in this regard.
Request To Revise Discussion Section of the NPRM (77 FR 11789, February
28, 2012)
Boeing requested we revise certain text in the Discussion section
of the NPRM (77 FR 11789, February 28, 2012):
To indicate existing compliance of pitot heat alerting
with section 25.1326 of the Federal Aviation Regulations (14 CFR
25.1326);
To indicate failure of the flight crew to respond properly
to the amber caution-level indication of a lack of probe heat; and
To state that the indication is in clear view of a flight
crew member. Boeing stated the changes are needed for the following
reasons:
To correctly state that the system provides indication of
a lack of probe heat activation, as required by section 25.1326 of the
Federal Aviation Regulations (14 CFR 25.1326), rather than a positive
indication of heat activation, as stated by the FAA (and which would
not be compliant);
To make it clear that the existing indication is
compliant;
To correct the ``blameless'' tone of the passive voice
used in the first sentence of the Discussion section by making it clear
that it is only the flight crew that can fail to activate the probe
heat, which is one of the advantages of a manual system; and
To make it explicit that the unsafe condition is not only
a result of flight crew failure to activate the probe heat, but also a
result of the flight crew ignoring the caution-level indication that is
in plain view.
Since the Discussion section of the NPRM (77 FR 11789, February 28,
2012) is not restated in the final rule, we cannot change that section.
However, we find that clarification is necessary.
According to section 39.5 of the Federal Aviation Regulations (14
CFR 39.5), we issue ADs when we find that an unsafe condition exists in
the product, and that the unsafe condition is likely to exist or
develop in other products of the same type design. We made such a
finding with respect to the pitot heat system of the affected airplanes
in this AD action. Therefore, it is our responsibility to correct the
unsafe condition independent of whether the design was considered
compliant to applicable airworthiness standards; an AD is the
appropriate vehicle for doing so.
Additionally, we do not make findings for the incidents identified
in safety recommendations issued by the National Transportation Safety
Board (NTSB). We do not have any information that supports the argument
that the flight crews involved in the incidents identified in the NTSB
safety recommendation deliberately disregarded a properly functioning
pitot heat alert that they had observed. Many possible scenarios
associated with pitot heat alerting could contribute to the failure of
the flight crew to activate the probe heat; including a malfunction of
probe heat alerting resulting in failure to provide an indication of
lack of activation, the flight crew not observing or properly
identifying the alert due to various factors (even though certain
elements of the alerting system are within the pilots' primary field of
view), or the flight crew not understanding the meaning of the alert or
the proper procedures for responding to it.
We have not made any changes to the final rule in this regard.
Request To Revise Cost Estimate
AAL, DAL, and SWA requested that we revise the cost estimate of the
NPRM (77 FR 11789, February 28, 2012). AAL stated the NPRM and service
information underestimate the labor cost by greater than 50 percent.
AAL stated that additional out-of-service days and lost opportunity
cost should be included in the Cost of Compliance section of the NPRM.
DAL stated there is a significant investment in excess of $250,000 in
``seed'' modules that are necessary to minimize the risk of not
accomplishing the proposed changes. DAL concluded that this cost is not
represented in the Costs of Compliance of the NPRM. SWA stated the
expected labor cost is underestimated by 32 work-hours due to removal
and reinstallation of lavatory A and galley 1.
We partially agree with the commenters' request to revise the cost
estimate. We do not agree to change the AD to accommodate the
investment in ``seed'' modules, since this appears to be an operator-
specific cost associated with individual maintenance scheduling. Also,
we disagree that the cost estimate is underestimated by greater than 50
percent. However, we revised the Costs of Compliance section of this AD
as follows. We revised the parts cost to match the information
presented in Boeing Alert Service Bulletin 737-30A1063, Revision 1,
dated July 10, 2012. In addition, we included 30 additional work-hours
for removing and reinstalling lavatory and galley monuments that might
be necessary to do the modification. This information was coordinated
with Boeing.
Request To Reference Revised Service Information
Several commenters noted that Boeing Alert Service Bulletin 737-
30A1063, dated November 16, 2011, is inadequate. That service
information is cited in the NPRM (77 FR 11789, February 28, 2012) as
the appropriate source of service information for accomplishing the
required actions. The commenters requested that the service information
[[Page 73285]]
be revised to incorporate certain clarifications. One airline, DAL,
specifically requested that the final rule not be released until the
service information has been validated.
We agree. As explained previously, Boeing Alert Service Bulletin
737-30A1063, Revision 1, dated July 10, 2012, has been issued. This
service information has been validated by means of use of an aircraft
in maintenance, and is referenced in this final rule as the appropriate
source of service information. In addition, we added a new paragraph
(h) to this AD (and re-designated subsequent paragraphs) to provide
credit for certain actions performed before the effective date of this
AD using Boeing Alert Service Bulletin 737-30A1063, dated November 16,
2011.
DAL also requested we specify ``revisions to BAE Systems Service
Bulletin 233A3201-30-02'' as approved service information, and provide
contact information for BAE. (The commenter did not specify a revision
level or date for the BAE service information.) DAL stated that its
review of the BAE Systems service information (which provides
instructions on how to modify the P5-9 window/pitot heat module to the
required ON and AUTO pitot heat switch configuration) identified
discrepancies in the Accomplishment Instructions.
DAL provided examples of the identified discrepancies, including
connector identifications and the number of printed wire assemblies on
the P5-9 modules. DAL stated it has contacted Boeing and BAE Systems to
seek resolution of these discrepancies.
DAL added that BAE concurred that its service information will
require revision. DAL indicated that additional revision of the Boeing
service information might be required in light of any BAE Systems
service information revision. DAL noted that the service information,
as currently published, would necessitate that operators request
approval of alternative methods of compliance (AMOC) for resolutions to
the identified discrepancies in order to comply with the final rule.
We find that clarification is necessary. The intent of this AD is
to require installation of a P5-9 module with AUTO and ON pitot heat
switch functionality that supports automatic pitot heat activation. As
discussed previously, we reviewed Boeing Alert Service Bulletin 737-
30A1063, dated November 16, 2011; and Boeing Alert Service Bulletin
737-30A1063, Revision 1, dated July 10, 2012; and determined that this
service information provides sufficient instructions to adequately
correct the unsafe condition. Operators may use either the original
issue or Boeing Alert Service Bulletin 737-30A1063, Revision 1, dated
July 10, 2012, to comply with the AD requirements. However, this AD
does not require accomplishment of the BAE service information. No
change to the final rule is necessary in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We have determined that
these minor changes:
[Agr]re consistent with the intent that was proposed in
the NPRM (77 FR 11789, February 28, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 11789, February 28, 2012).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 1,025 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Modification, including 90 to 109 work-hours $6,674 to Up to $17,316.. Up to $17,748,900.
removing and reinstalling x $85 per hour = $8,051.
galleys and lavatories. $7,650 to $9,265.
----------------------------------------------------------------------------------------------------------------
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.
[[Page 73286]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2012-24-08 The Boeing Company: Amendment 39-17278; Docket No. FAA-
2012-0186; Directorate Identifier 2011-NM-268-AD.
(a) Effective Date
This AD is effective January 14, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes; certificated in any
category; as identified in Boeing Alert Service Bulletin 737-
30A1063, Revision 1, dated July 10, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 3030, Pitot/Static Anti-Ice System.
(e) Unsafe Condition
This AD was prompted by reports of flight crew failure to
activate air data probe heat. We are issuing this AD to prevent ice
from forming on air data system sensors and consequent loss of or
misleading airspeed indication on all airspeed indicating systems,
which could lead to loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification
Within 24 months after the effective date of this AD: Modify the
anti-icing system for the angle of attack sensor, the total air
temperature, and the pitot probes, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
30A1063, Revision 1, dated July 10, 2012.
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Boeing Alert Service Bulletin 737-30A1063,
dated November 16, 2011, which is not incorporated by reference in
this AD.
(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 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 the Related Information
section 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.
(j) Related Information
For more information about this AD, contact Frank Carreras,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone: 425-917-6442; fax: 425-917-6590;
email: frank.carreras@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 737-30A1063, Revision 1, dated
July 10, 2012.
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
(4) You may view this service information at 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on November 23, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-29469 Filed 12-7-12; 8:45 am]
BILLING CODE 4910-13-P