[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Proposed Rules]
[Pages 58196-58199]
[FR Doc No: 2018-25001]

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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]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. This proposed 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 proposed AD would 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 proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 3, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced 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<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0961.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0961; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

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:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-

2018-0961; Product Identifier 2018-NM-121-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. We will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports indicating that the pitot heat switch is
not always set to ON. The failure to activate the manually activated
pitot anti-icing system likely resulted in misleading air data that
contributed to an accident and three incidents involving Boeing Model
737 airplanes. This condition, if not addressed, could result in the
air data sensors not being heated, which could allow ice to form on the
sensors and cause erroneous air data. This erroneous air data can lead
to loss of crew situational awareness and an inability to maintain
continued safe flight and landing of the airplane.

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, changing the anti-icing system to automatically supply
power to heat the air data sensors. If flight crews fail to activate it
manually, the anti-icing system will come on automatically after engine
start.
    We also reviewed the following concurrent service information.
     Boeing Service Bulletin 737-30-1067, Revision 1, dated May
4, 2017. This service information describes procedures for installing a
new J18 junction box to change the anti-icing system.
     Boeing Service Bulletin 737-30-1068, Revision 1, dated May
4, 2017. This service information describes procedures for installing
wiring provisions to the anti-icing system.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Minimum Equipment List (MEL) Provision

    Operators are required by 14 CFR part 91 to have an MEL to operate
with inoperable equipment. Paragraph (l) of this proposed AD allows for
the operation of the airplane even if the modified air data probe heat
(ADPH) system is inoperable, so long as the operator's MEL has a
provision to allow for this inoperability.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-30A1064, Revision 1,
dated October 18, 2017, described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
    This proposed AD would also require accomplishing the actions
specified in Boeing Service Bulletin 737-30-1067, Revision 1, dated May
4, 2017; and Boeing Service Bulletin 737-30-1068, Revision 1, dated May
4, 2017, described previously.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0961.

Costs of Compliance

    We estimate that this proposed AD affects 296 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replacement (Boeing Alert         6 work-hours x $85 per             $0  $510...............  $150,960.
 Service Bulletin 737-30A1064).    hour = $510.
Repetitive tests (Boeing Alert    5 work-hours x $85 per              0  $425 per inspection  $125,800 per
 Service Bulletin 737-30A1064).    hour = $425 per                        cycle.               inspection cycle.
                                   inspection cycle.
J18 Junction box installation     Up to 75 work-hours x          23,614  Up to $29,989......  Up to $8,876,744.
 (Boeing Service Bulletin 737-30-  $85 per hour = $6,375.
 1067).
Installation of wire provisions   Up to 193 work-hours x          4,800  Up to $21,205......  Up to $6,276,680.
 (Boeing Service Bulletin 737-30-  $85 per hour = $16,405.
 1068).
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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 proposed 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 to the Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):

The Boeing Company: Docket No. FAA-2018-0961; Product Identifier
2018-NM-121-AD.

(a) Comments Due Date

    We must receive comments by January 3, 2019.

(b) Affected ADs

    None.

(c) Applicability

    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.

(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

    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.

(h) Required Actions for Groups 1 Through 4

    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, as applicable, of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-30A1064, Revision 1, dated October
18, 2017, is done at the applicable times specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-30A1064,
Revision 1, dated October 18, 2017, or within 180 days after the
effective date of this AD, whichever occurs later.

(l) Minimum Equipment List (MEL)

    In the event that the air data probe heat (ADPH) system as
modified by this AD is inoperable, an airplane may be operated as
specified in the operator's MEL, provided the MEL includes
provisions that address the modified ADPH system.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (n)(2) of this AD. Information
may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as RC, the provisions of paragraphs (m)(4)(i) and (m)(4)(ii) of this
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(n) Related Information

    (1) For more information about this AD, contact Frank Carreras,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3539; email: [email protected].
    (2) For information about AMOCs, contact Jeffrey W. Palmer,
Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (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<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced 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<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on November 7, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-25001 Filed 11-16-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Pages 55160-55161]
[FR Doc No: 2018-23999]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2100-188]

California Department of Water Resources; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of Recreation Plan to realign a
recreation trail.
    b. Project No.: 2100-188.

    c. Date Filed: October 4, 2018.
    d. Applicant: California Department of Water Resources.
    e. Name of Project: Feather River Project.
    f. Location: Feather River in Butte County, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Gwen Knittweis, California Department of
Water Resources, 1416 Ninth Street, P.O. Box 942836, Sacramento, CA
94236,<PHONE_NUMBER>.
    i. FERC Contact: Krista Sakallaris,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and protests
is November 29, 2018. The Commission strongly encourages electronic
filing. Please file comments, motions to intervene, and protests using
the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/doc-sfiling/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2100-188. Comments emailed to Commission staff are not
considered part of the Commission record.
    k. Description of Request: The licensee requests Commission
approval to realign a segment of the Brad Freeman Trail around the
Hyatt Powerplant and construct a new trail access point to replace
access closed for the Hyatt Security Hardening project. The section of
the Brad Freeman Trail proposed for realignment starts near the
intersection of Oro Dam Boulevard and Oro Powerhouse Road and extends
to the Lower Overlook Parking Area. The proposed location for the new
trail access point is on the south side of the Diversion Pool in a
disturbed area that was used as a staging site during the emergency
response to the 2017 spillway incident. Any comments relating to
project relicensing are not within the scope of this public notice and
subsequent analysis.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a motion to intervene, or a protest in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'', as applicable; (2) set forth in the heading the name of
the applicant and the project number of the application to which the
filing responds; (3) furnish the name, address, and telephone number of
the person commenting, protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding in accordance with 18 CFR
385.2010.

    Dated: October 29, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-23999 Filed 11-1-18; 8:45 am]
 BILLING CODE 6717-01-P