[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32341-32343]
[FR Doc No: 2019-14284]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0478; Product Identifier 2019-NM-040-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: The FAA proposes to supersede Airworthiness Directive (AD)
2017-12-07, which applies to certain The Boeing Company Model 737-800,
-900, and -900ER series airplanes. AD 2017-12-07 requires replacing the
affected left temperature control valve and control cabin trim air
modulating valve. Since the FAA issued AD 2017-12-07, the agency
determined that the affected parts may be installed on airplanes
outside the original applicability of AD 2017-12-07. This proposed AD
would retain the requirements of AD 2017-12-07, expand the
applicability to include those other airplanes, and add a new
requirement for certain airplanes to identify and replace the affected
parts. The FAA is proposing this AD to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by August 22,
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 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-2019-0478.

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-2019-
0478; 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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Julie Moon, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2019-0478;
Product Identifier 2019-NM-040-AD'' at the beginning of your comments.
The agency specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this proposed AD.

Discussion

    The FAA issued AD 2017-12-07, Amendment 39-18922 (82 FR 27416, June
15, 2017) (``AD 2017-12-07''), for certain The Boeing Company Model
737-800, -900, and -900ER series airplanes. AD 2017-12-07 requires
replacing the affected left temperature control valve and control cabin
trim air modulating valve. AD 2017-12-07 resulted from reports of in-
flight failure of the left temperature control valve and control cabin
trim air modulating valve. The FAA issued AD 2017-12-07 to address the
possible occurrence of temperatures in excess of 100 degrees Fahrenheit
in the flight deck or the passenger cabin during cruise, which could
lead to the impairment of the flightcrew and prevent continued safe
flight and landing.

Actions Since AD 2017-12-07 Was Issued

    Since AD 2017-12-07 was issued, it has been determined that the
affected parts may be installed as rotable spares on airplanes outside
of the applicability of AD 2017-12-07, thereby subjecting those
airplanes to the unsafe condition.

Related Service Information Under 1 CFR Part 51

    This proposed AD would require Boeing Alert Service Bulletin 737-
21A1203, dated June 8, 2016, which the Director of the Federal Register
approved for incorporation by reference as of July 20, 2017 (82 FR
27416, June 15, 2017). 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.

FAA's Determination

    The FAA is proposing this AD because the agency 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 retain all requirements of AD 2017-12-07,
and expand the applicability to include all The Boeing Company Model
737-800, -900, and -900ER series airplanes. This proposed AD would also
require an inspection or records check to identify the part number of
the affected parts, and for airplanes with affected parts,
accomplishing the actions specified in the service information
described previously, except as discussed under

``Differences Between this Proposed AD and the Service Information.''
    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-2019-0478.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Service Bulletin 737-21A1203, dated
June 8, 2016, is limited to certain The Boeing Company Model 737-800, -
900, and -900ER series airplanes. However, the applicability of this
proposed AD includes all The Boeing Company Model 737-800, -900, and -
900ER series airplanes. Because the affected parts are rotable parts,
the FAA has determined that these parts could later be installed on
airplanes that were initially delivered with acceptable parts, thereby
subjecting those airplanes to the unsafe condition. This difference has
been coordinated with Boeing.

Costs of Compliance

    The FAA estimates that this proposed AD affects 2,027 airplanes of
U.S. registry. The agency estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                        Cost per
             Action                  Labor cost        Parts cost        product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection/records check (new    1 work-hour x $85               $0             $85  Up to $145,180.
 proposed actions) (Up to 1,708   per hour = $85.
 airplanes).
Replacement (retained actions    9 work-hours x $85           4,800           5,565  Up to $1,775,235.
 from AD 2017-12-07) (Up to 319   per hour = $765.
 airplanes).
----------------------------------------------------------------------------------------------------------------

    The agency estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection or records check. The agency has no way of
determining the number of aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  9 work-hours x $85 per hour =             $4,800          $5,565
                                                 $765.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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 and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA has 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 removing Airworthiness Directive (AD)
2017-12-07, Amendment 39-18922 (82 FR 27416, June 15, 2017), and adding
the following new AD:

The Boeing Company: Docket No. FAA-2019-0478; Product Identifier
2019-NM-040-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by August 22,
2019.

(b) Affected ADs

    This AD replaces AD 2017-12-07, Amendment 39-18922 (82 FR 27416,
June 15, 2017).

(c) Applicability

    This AD applies to all The Boeing Company Model 737-800, -900,
and -900ER series airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of in-flight failure of the left
temperature control valve and control cabin trim air modulating
valve. The FAA is issuing this AD to address the possible occurrence
of temperatures in excess of 100 degrees Fahrenheit in the flight
deck or the passenger cabin during cruise, which could lead to the
impairment of the flightcrew and prevent continued safe flight and
landing.

(f) Compliance

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

(g) Retained Valve Replacement, With Revised Compliance Language

    This paragraph restates the requirements of paragraph (g) of AD
2017-12-07 with revised compliance language. For airplanes
identified in Boeing Alert Service Bulletin 737-21A1203, dated June
8, 2016: Within 60 months after July 20, 2017 (the effective date of
AD 2017-12-07), replace the left temperature control valve and
control cabin trim air modulating valve, as applicable, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-21A1203, dated June 8, 2016.

(h) New Valve Identification and Replacement

    For airplanes not identified in paragraph (g) of this AD with an
original certificate of airworthiness or an original export
certificate of airworthiness dated on or before the effective date
of this AD, do the actions specified in paragraphs (h)(1) and (h)(2)
of this AD.
    (1) Within 60 months after the effective date of this AD,
perform a general visual inspection of the left temperature control
valve and control cabin trim air modulating valve to determine the
valve part numbers. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part numbers of the
valves can be conclusively determined from that review.
    (2) If the left temperature control valve or control cabin trim
air modulating valve has part number 398908-4: Within 60 months
after the effective date of this AD, replace the left temperature
control valve or control cabin trim air modulating valve in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-21A1203, dated June 8, 2016.

(i) Parts Installation Prohibition

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

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (k)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
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 Required for Compliance (RC), the provisions of paragraphs
(j)(4)(i) and (j)(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.

(k) Related Information

    (1) For more information about this AD, contact Julie Moon,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) 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 June 24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14284 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 29, 2006 (Volume 71, Number 167)]
[Notices]
[Page 51193]
[DOCID:fr29au06-38]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2006-0748; FRL-8213-1]

Notice of Intent To Provide Internet Publication of Proposed
Penalties under the Clean Water Act and Safe Drinking Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) intends to issue notices of proposed penalty orders issued
under the Clean Water Act and the Safe Drinking Water Act via the
Internet. EPA is encouraging the Regions to use the Internet as a more
effective and efficient means to provide such notice.

FOR FURTHER INFORMATION CONTACT: Kelly Kaczka Brantner, Office of
Enforcement and Compliance Assurance, Office of Civil Enforcement,
Water Enforcement Division, Mail Code 2243A, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Both the Clean Water Act and the Safe
Drinking Water Act authorize the U.S. Environmental Protection Agency
(EPA) to assess administrative penalties for specified violations of
the Act. See sections 309(g) and 311(b)(6) of the Clean Water Act
(CWA), 33 U.S.C. 1319(g) and 33 U.S.C. 1321(b)(6) and section 1423(c)
of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300h-2(c). These
provisions require EPA to provide public notice of any civil penalty
order before issuing any such order.
    For such administrative actions, EPA's Consolidated Rules of
Practice Governing the Administrative Assessment of Civil Penalties, 40
CFR Part 22, require notice to the public ``by a method reasonably
calculated to provide notice.'' 40 CFR 22.45(b)(2). Typically, notice
is provided through publication in newspapers of general circulation.
    The Part 22 rules and the Clean Water Act do not define what
methods of notice are reasonable. Courts have recognized that the
Internet may be one method reasonably calculated to provide public
notice. Thus, for example in discussing service of process by e-mail,
the United States Court of Appeals for the Ninth Circuit has recently
described in broad language a court's authority to adapt its procedures
to meet technological advances as follows:

    ``In proper circumstances, this broad constitutional principle
[i.e., that the selected method of service must be reasonably
calculated to provide notice and an opportunity to respond]
unshackles the federal courts from anachronistic methods of service
and permits them entry into the technological renaissance.'' Rio
Properties, Inc. v. Rio International Interlink. 284 F.3d 1007, 1017
(9th Cir. 2002)

    Given the wide accessibility of the Internet among the population,
the Office of Enforcement and Compliance Assurance has concluded, in
consultation with the Office of General Counsel, that publication
through such means is reasonably calculated to apprise the public of
such proposed orders. Thus, Internet notice would meet the requirements
of the CWA, SDWA, and EPA regulations.
    Using the Agency's Internet site to provide notice of proposed
actions makes the notice available to the public during the entirety of
the comment period rather than on the one day that the notice is
published in the local newspaper. The Internet provides a cost
effective means of providing access to a larger number of notices, in
one place, for a longer period of time.
    Additionally, while the Agency tries to provide notice to those
most likely to be affected by an action by publishing notice in local
newspapers, in using the Internet, the Agency can reach a broader
audience. This will enable those interested persons beyond the finite
distribution areas of local newspapers to be made aware of pending
agency actions.
    EPA Headquarters is encouraging the Regions to use the Agency's
Internet site to provide notice of proposed CWA and SDWA actions. To
ensure wide public acceptance of public notice provided through the
Internet, the Office of Enforcement and Compliance Assurance is
recommending procedures designed with two objectives in mind: Making
the public aware that notices will be available on the website for the
Region issuing the order, and providing easy access to the notices. We
suggest consideration of the following practices for Web based notices:

--The Region's homepage should include a link entitled ``Public Notices
Under Sections 309(g)and 311(b)(6) of the Clean Water Act and Section
1423(c) of the Safe Drinking Water Act.'' (Public Notice).
--The Public Notice Web page should provide a link to the actual
notices as well as the docket number, the date the notice is posted,
the Respondent's name, the state where they are located, and the
proposed penalty.
--The notice should be accessible from the Public Notice Web page in
html format or as a PDF file which includes all the information
required under 40 CFR 22.45(b)(2).
--The Public Notice Web page should list the actions that are being
noticed in chronological order.
--The Public Notice Web page may list notices for which the agency is
currently accepting comment more prominently than those which have
expired. However, public notices should remain on the Web site for a
reasonable time once the comment period has expired.
--The Web page should also include a link to download Adobe Acrobat
with easily understood instructions for doing so.

    We recognize that not all members of the public may have ready
access to the Internet, however due to the general availability of the
Internet through schools, offices and libraries, we believe that
Internet notice will likely reach a larger audience than has the past
practice of publishing a notice in a newspaper provided that the above
practices are followed. Because there may be circumstances in which the
lack of access to computers in low-income communities may raise
environmental justice issues, Regions may consider providing
supplemental notice.
    In particular instances where the Regions find that additional
notice may be helpful, newspaper notice, press release or other forms
of communication may supplement the Internet notice.

Mark Pollins,
Director, Water Enforcement Division, Office of Civil Enforcement,
Office of Enforcement & Compliance Assurance.
 [FR Doc. E6-14315 Filed 8-28-06; 8:45 am]

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