AD 2020-04-15

This AD is effective May 8, 2020.

Susan L. Monroe, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3570; email: susan.l.monroe@faa.gov.

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 757 airplanes and Model 767-200, -300, and -300F series airplanes. The NPRM published in the Federal Register on August 20, 2019 (84 FR 43080). The NPRM was prompted by reports of excessively high flight deck or cabin temperatures. The NPRM proposed to require revising certificate limitations and operating procedures of the existing AFM to provide the flightcrew with procedures for hot flight deck or cabin temperatures to follow under certain conditions.

The FAA is issuing this AD to address excessively high flight deck or cabin temperatures, which may inhibit safe operation of the airplane by the flightcrew and contribute to loss of continued safe flight and landing, or may cause physiological distress to passengers and cabin crew.

The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment.

The Air Line Pilots Association, International (ALPA), expressed support for the NPRM.

Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE or STC ST01920SE does not affect the accomplishment of the manufacturer's service instructions.

The FAA agrees with the commenter that neither STC ST01518SE nor STC ST01920SE affect the accomplishment of the manufacturer's service instructions. Therefore, the installation of STC ST01518SE or STC ST01920SE does not affect the ability to accomplish the actions required by this AD. The AD has not been changed in this regard.

Boeing requested to remove “100%” from the non-normal checklist step for Oxygen Masks and Regulators. The commenter noted that the 100% oxygen specified in the operating procedures is not correct for this particular situation on the airplane. According to Boeing, the flightcrew should be using the normal diluter demand mask regulator position, which is described in the non-normal checklist introduction in the Quick Reference Handbook part of the Flight Crew Operations Manual.

The FAA agrees with Boeing's assessment and request. The “100%” indication has been removed from the non-normal checklist step for Oxygen Masks and Regulators in figures 4, 5, 6, and 7 to paragraph (g)(2) of this AD.

American Airlines and United Airlines requested to remove the proposed requirement to revise the existing AFM certificate limitation chapter with a new certificate limitation. American Airlines also requested that if the requirement is not removed, figure 3 to paragraph (g)(1) of this AD be revised to specify the “Quick Reference Handbook,” rather than the “Operating Procedures chapter of this manual.” The commenters asserted that the Cabin Temperature Hot procedures currently exist in other reference material, and that operators will continue to follow those procedures. United Airlines further asserted that no precedent exists for adding a certificate limitation directing the accomplishment of an emergency or non-normal checklist.

The FAA does not agree to this request because the revision of the certificate limitation chapter makes the Cabin Temperature Hot procedures mandatory. The revised certificate limitation chapter also provides awareness to operators and flight standards that the actions are related to an unsafe condition and cannot be modified. As to the additional request to specify the “Quick Reference Handbook,” that publication cannot be specified because it is not controlled nor approved by the FAA. This requirement has not been changed in this AD.

Lufthansa Technik (Lufthansa) asked whether a preventive technical solution, rather than the proposed reactive one, would be provided and mandated for the unsafe condition. The commenter said a technical solution such as a modification would prevent operators from getting into the situation that creates the unsafe condition.

The FAA agrees that a preventive technical solution to the unsafe condition would be a better option. Although no technical solution has yet been provided or proposed by Boeing, the corrective action required by this AD provides an adequate level of safety. Should we receive a technical solution from Boeing, the FAA may consider further rulemaking. The AD has not been changed with regard to this request.

The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. The FAA has determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM.

The FAA also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.

The FAA estimates that this AD affects 866 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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 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) 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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):