Airworthiness Directives; The Boeing Company Airplanes, 14207-14219 [2018-05028]
Download as PDF
Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules
F–M would remain in the CFR after
FHFA has removed or relocated all of
the other substantive Finance Board
regulations. Therefore, in the interest of
ensuring that all Finance Board
regulations that will not be carried
forward into the FHFA regulations are
removed, FHFA is repealing parts 956–
999 and subchapters F–M in their
entirety.
IV. Considerations of Differences
Between the Banks and the Enterprises
Section 1313(f) of the Safety and
Soundness Act requires the FHFA
Director, when promulgating regulations
‘‘of general applicability and future
effect’’ relating to the Banks, to consider
the differences between the Banks and
the Enterprises as they may relate to the
Banks’ cooperative ownership structure,
mission of providing liquidity to
members, affordable housing and
community development mission,
capital structure, and joint and several
liability.9 With respect to the repeal of
Finance Board regulations subject to
this rulemaking, this proposal does not
impose any new obligations on the
Banks, but instead simply removes
existing Finance Board regulations that
either have been previously carried over
to the FHFA regulations or, as a result
of the passage of HERA and changed
circumstances, are obsolete,
unnecessary and no longer of any
regulatory purpose. Further, the repeal
of parts 900, 906 and 956–999 of title 12
of the CFR would not have a ‘‘future
effect’’ on the rights and responsibilities
of the Banks. For all of these reasons, a
statutory differences analysis is not
required for this final rule.10
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V. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) requires that FHFA consider the
impact of paperwork and other
information collection burdens imposed
on the public.11 Under the PRA and the
implementing regulations of the Office
of Management and Budget (OMB), an
agency may not collect or sponsor the
collection of information, nor may it
impose an information collection
requirement unless it displays a
currently valid control number assigned
by OMB.12 The MIRS addressed by 12
CFR 906.5 is a collection of information
that OMB has approved under control
9 12
U.S.C. 4513(f).
is consistent with prior FHFA rulemakings
that involved only the repeal of Finance Board
regulations. See Repeal of Regulations, 76 FR 74648
(Dec. 1, 2011).
11 See 44 U.S.C. 3507(a) and (d).
12 See 44 U.S.C. 3512(a); 5 CFR 1320.8(b)(3)(vi).
10 This
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number 2590–0004, which is due to
expire on September 30, 2020.
Although the proposed rule would
remove the descriptive provision
regarding the MIRS that now appears at
12 CFR 906.5, that removal would not
change any aspect of the information
collection; that is, FHFA would
continue to conduct the survey in
accordance with the terms of the
existing PRA clearance. Therefore,
FHFA has not submitted to OMB a
request to approve a revision to control
number 2590–0004.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
analyze a proposed rule’s impact on
small entities if the final rule is
expected to have a significant economic
impact on a substantial number of small
entities. 5 U.S.C. 605(b). FHFA has
considered the impact of this
rulemaking and determined that it is not
likely to have a significant economic
impact on a substantial number of small
entities because, even assuming it had
an economic impact, it would apply
only to the regulated entities, which are
not small entities for purposes of the
Regulatory Flexibility Act.
List of Subjects
12 CFR Part 900
Federal home loan banks, Office of
Finance, Regulated entity.
12 CFR Part 906
Conventional one-family non-farm
mortgage loans, Government contracts,
Minority businesses, Monthly interest
rate survey, Mortgages, Reporting and
recordkeeping requirements.
12 CFR Parts 956–999
Reserved.
Authority and Issuance
Accordingly, for reasons stated in the
preamble and under the authority of 12
U.S.C. 4511, 4512, 4513, and 4526,
FHFA proposes to amend subchapters
A, B, and F–M of chapter IX of the Code
of Federal Regulations as follows:
CHAPTER IX—FEDERAL HOUSING
FINANCE BOARD
SUBCHAPTER A—[REMOVED AND
RESERVED]
1. Remove and reserve subchapter A
consisting of part 900.
■
SUBCHAPTER B—[REMOVED AND
RESERVED]
2. Remove and reserve subchapter B
consisting of part 906.
■
SUBCHAPTERS F–M—[REMOVED]
■
3. Remove reserved subchapters F–M.
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14207
Dated: March 26, 2018.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2018–06564 Filed 4–2–18; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0127; Product
Identifier 2016–NM–161–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposal for all The Boeing Company
Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes;
Model 757 airplanes; and Model 767
airplanes. This action revises the notice
of proposed rulemaking (NPRM) by
adding Model 737–8 airplanes and
future Model 737 airplanes to the
applicability. We are proposing this
airworthiness directive (AD) to address
the unsafe condition on these products.
Since these actions impose an
additional burden over those proposed
in the NPRM, we are reopening the
comment period to allow the public the
chance to comment on these changes.
DATES: The comment period for the
NPRM published in the Federal
Register on March 9, 2017 (82 FR
13073), is reopened.
We must receive comments on this
SNPRM by May 18, 2018.
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
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• 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: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
SUMMARY:
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For service information identified in
this SNPRM, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; telephone:
562–797–1717; internet: 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 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
0127.
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Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0127; 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 SNPRM, 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: Tak
Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3553; email: Takahisa.Kobayashi@
faa.gov.
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–
2017–0127; Product Identifier 2016–
NM–161–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this SNPRM. We will
consider all comments received by the
closing date and may amend this
SNPRM because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this SNPRM.
Discussion
We issued an NPRM to amend 14 CFR
part 39 by adding an AD that would
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apply to all The Boeing Company Model
737–600, –700, –700C, –800, –900, and
–900ER series airplanes; Model 757
airplanes; and Model 767 airplanes. The
NPRM published in the Federal
Register on March 9, 2017 (82 FR
13073). The NPRM was prompted by
reports of latently failed motor-operated
valve (MOV) actuators of the fuel
shutoff valves. The NPRM proposed to
require replacing certain MOV actuators
of the fuel shutoff valves for the left and
right engines (on all airplanes) and of
the auxiliary power unit (APU) fuel
shutoff valve (on Model 757 and Model
767 airplanes); and revising the
maintenance or inspection program, as
applicable, to incorporate certain
airworthiness limitations (AWLs).
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have
determined that The Boeing Company
Model 737–8 series airplanes and future
Model 737 airplanes are also subject to
the unsafe condition, and therefore it is
necessary to add these airplanes to the
applicability.
Model 737–8 airplanes are delivered
with the MOV actuator having part
number (P/N) MA30A1017 (Boeing P/N
S343T003–76) as the type design
configuration. This is the latest MOV
actuator part number currently
available, and that part number
addresses the unsafe condition
identified in this SNPRM. Subsequent
future Model 737 airplanes are expected
to be certified and delivered with the
same MOV actuator part number. For
those future Model 737 airplanes,
installation of the MOV actuator having
any earlier part number would not be
part of the type design configuration;
such installation will therefore not be
allowed. However, installation of an
MOV actuator having an earlier part
number is functionally and physically
possible for Model 737–8 airplanes and
potentially for the future Model 737
airplanes, and such installation could
occur in the field by using provisions in
FAA Advisory Circular 120–77 or other
means.
To avoid such installation that could
result in an unsafe airplane
configuration, this SNPRM proposes to
require, for Model 737–8 airplanes and
subsequent future Model 737 airplanes,
incorporation of an AWL that would
prohibit installation of the MOV
actuator having earlier part numbers.
Other than the parts installation
prohibition, no maintenance action is
associated with the new AWL specified
in this proposed AD. Once the AWL is
incorporated into an operator’s
maintenance or inspection program, as
applicable, the operator is required to
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comply with the AWL as specified in 14
CFR 43.16 and 91.403(c). This new
proposed AWL (to prohibit the
installation of certain parts) is also
proposed for Boeing Model 737–600,
–700, –700C, –800, –900, and –900ER
series airplanes; Model 757 series
airplanes; and Model 767 series
airplanes.
Revised Service Information
Boeing has revised the service
information specified in this SNPRM.
We have revised this proposed AD to
specify using the latest revisions as the
appropriate source of service
information and to credit the previous
revisions, as follows:
Paragraphs (g)(2) and (h)(2) of this
proposed AD specify Boeing Special
Attention Service Bulletin 757–28–
0138, Revision 1, dated June 19, 2017.
Paragraph (n)(1) of this proposed AD
specifies credit for Boeing Special
Attention Service Bulletin 757–28–
0138, dated May 18, 2016.
Paragraphs (i)(2)(i), (i)(2)(ii), and
(i)(2)(iii) of this proposed AD specify
Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622N001–9, Revision
February 2017. Paragraph (n)(4) of this
proposed AD specifies credit for Boeing
757 Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, Revision January 2016, or
Revision July 2016.
Comments
We gave the public the opportunity to
comment on the NPRM. The following
presents the comments received on the
NPRM and the FAA’s response to each
comment.
Request To Issue Three Separate ADs
United Airlines (UAL) requested that
we issue three separate ADs, one each
for Model 737 airplanes, Model 757
airplanes, and Model 767 airplanes,
instead of one AD. UAL requested this
revision to reduce complexity and avoid
possible confusion.
We do not agree with UAL’s request.
We have decided to cover Model 737,
Model 757, and Model 767 airplanes in
this SNPRM. We consider that the level
of complexity of this SNPRM is
reasonable and that the proposed
actions are clearly defined.
Additionally, to restructure the AD as
requested, would unnecessarily delay
the issuance of the final rule and
mitigation of the unsafe condition. We
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have not changed this SNPRM regarding
this issue.
Request To Justify Requirement To
Install Latest MOV Actuator Part
Number
Japan Airlines (JAL) noted that
according to AD 2015–19–03,
Amendment 39–18266 (80 FR 55527,
September 16, 2015) (‘‘AD 2015–19–
03’’), and AD 2015–21–09, Amendment
39–18302 (80 FR 65121, October 26,
2015) (‘‘AD 2015–21–09’’), MOV
actuators P/N MA20A2027 and
MA30A1001 that are repetitively
inspected need not be replaced by P/N
MA30A1017. JAL requested that we
provide the reason for mandating the
installation of the latest MOV actuator
part number instead of allowing
repetitive inspections. JAL stated that it
has never experienced a failure of an
MOV actuator, and it is therefore not
necessary to mandate the replacement of
MOV actuators with the latest type if the
repetitive inspections of MOV actuators
(required by the ADs referenced by JAL)
are being accomplished daily or every
10 days.
We agree that clarification of the
reason for the proposed installation is
necessary. Three ADs were issued to
correct latent failures of the MOV
actuator for the left engine and right
engine fuel shutoff valves and for
certain airplanes, the auxiliary power
unit (APU) fuel shutoff valve. Those
ADs are AD 2015–21–10, Amendment
39–18303 (80 FR 65130, October 26,
2015) (‘‘AD 2015–21–10’’), AD 2015–
21–09, and AD 2015–19–04,
Amendment 39–18267 (80 FR 55505,
September 16, 2015) (‘‘AD 2015–19–
04’’). AD 2015–19–03 (referenced by the
commenter) was superseded by AD
2015–21–10. AD 2015–21–10, AD 2015–
21–09, and AD 2015–19–04 explained
that the repetitive inspections required
by the AWLs were considered to be an
interim action to address the unsafe
condition, and that we might consider
additional rulemaking once the
modification that would address the
unsafe condition was developed. This
proposed AD would require
replacement of the specific MOV
actuator part numbers because the
installation of the latest MOV actuator
part number would result in a
configuration that is fail safe, by
eliminating latent MOV actuator failure
modes that would leave the airplane one
failure away from a potential incident or
accident. Without this modification,
affected airplanes have a potential of
being dispatched with a failed MOV
actuator. In the event of an engine or
APU fire, such a dispatch configuration
would allow certain fires to become
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uncontrollable. The AWL repetitive
inspections only limit the time of
exposure of the airplane configuration
dispatched with a failed fuel shutoff
means. Also, repetitive inspections have
a potential of introducing human errors
that could result in a failure to detect an
MOV actuator failure or other issues.
We have not changed this SNPRM
regarding this issue.
Requests To Terminate Other ADs
Air Canada (ACN), All Nippon
Airways (ANA), Delta Airlines (DAL),
the Europe Aviation Safety Agency
(EASA), FedEx Express (FedEx),
Pegasus Airlines, UAL, and Southwest
Airlines (SWA) requested that we revise
the proposed AD (in the NPRM) to
specify that the accomplishment of the
proposed actions would terminate the
requirements of AD 2015–19–04 (for
Model 757 airplanes), AD 2015–21–09
(for Model 767 airplanes), and AD
2015–21–10 (for Model 737 airplanes).
The commenters stated that the three
referenced ADs require incorporation of
the AWLs that require repetitive
inspections of the MOV actuators
having part number (P/N) MA30A1001
(Boeing P/N S343T003–66) or
MA20A2027 (Boeing P/N S343T003–
56). The commenters asserted that since
the proposed AD (in the NPRM) would
mandate replacement of those part
numbers with a new part number, the
three ADs should be terminated by the
new AD action.
We agree to revise this proposed AD
to specify a condition that would
terminate the requirements of AD 2015–
19–04, AD 2015–21–09, and AD 2015–
21–10. We have determined that the
requirements of those ADs can be
terminated only after the actions
required by this proposed AD are
accomplished on all affected airplanes
in an operator’s fleet. We consider that
the above condition is necessary to
ensure the safety of mixed airplane
configurations in an operator’s fleet
during the compliance time of this
proposed AD.
We also consider that keeping the
AWLs mandated by AD 2015–19–04,
AD 2015–21–09, or AD 2015–21–10 in
the maintenance or inspection program,
as applicable, until the actions specified
by this proposed AD are accomplished
on all affected airplanes in an operator’s
fleet would cause no extra burden on
operators. The AWLs mandated by AD
2015–19–04, AD 2015–21–09, or AD
2015–21–10 require repetitive
inspections only for airplanes with
MOV actuators having P/N MA30A1001
(Boeing P/N S343T003–66) or
MA20A2027 (Boeing P/N S343T003–56)
installed at specific locations. Once
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14209
those part numbers are removed from an
airplane and replaced by an acceptable
part number, the repetitive inspections
specified in the AWLs do not apply to
that airplane.
The condition discussed above will
ensure adherence to applicable
requirements during the compliance
time of this proposed AD. We also have
determined that an additional means is
necessary to protect the airplanes from
installation of the discrepant MOV
actuators at certain locations. This
proposed AD would require removal of
an MOV actuator having P/N
MA30A1001 (Boeing P/N S343T003–66)
or MA20A2027 (Boeing P/N S343T003–
56) at specific locations. However, it is
possible those MOV actuator part
numbers may be re-installed since those
part numbers continue to be available
and acceptable for installation at
locations other than those locations
addressed by this proposed AD where
failures do not pose a safety concern. To
address this concern, we have
determined that the incorporation of a
new AWL that would prohibit the
installation of MOV actuators having P/
Ns MA30A1001 (Boeing P/N S343T003–
66) and MA20A2027 (Boeing P/N
S343T003–56) at specific locations is
necessary.
We have specified the requirement to
revise the maintenance or inspection
program, as applicable, to incorporate a
new AWL in paragraph (j) of this
proposed AD. This action must be
accomplished after the accomplishment
of the actions required by paragraphs
(g), (h), and (i) of this proposed AD, as
applicable, on all affected airplanes in
an operator’s fleet and before the end of
the compliance time of this proposed
AD. Other than the parts installation
prohibition, no maintenance action is
associated with the new AWL. We have
also added paragraph (m) in this
proposed AD to specify that
incorporation of the applicable AWL
into the maintenance or inspection
program, as applicable, would terminate
certain requirements of AD 2015–19–04,
AD 2015–21–09, and AD 2015–21–10.
We have moved the content of
paragraph (m) of this proposed AD (in
the NPRM) to paragraph (p) of this
proposed AD.
Request To Identify Acceptable
Replacement MOV Actuator Part
Numbers
ANA, Boeing, DAL, DHL Express
(DHL), FedEx, and UAL requested that
we revise paragraphs (h)(2) and (h)(3) of
the proposed AD (in the NPRM) to add
MOV actuators having P/Ns AV–31–1,
MA11A1265, and MA11A1265–1
(Boeing P/N S343T003–111, S343T003–
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14, and S343T003–41) as acceptable
replacements. The commenters stated
that the service information specified in
paragraphs (h)(2) and (h)(3) of the
proposed AD (in the NPRM) identifies
these MOV actuators as acceptable
replacements.
We agree with the commenters’
request to identify additional MOV
actuator part numbers that are
acceptable to be used as replacement
parts, with the following clarification.
For Model 757 airplanes, MOV actuator
P/N MA11A1265 (Boeing P/N
S343T003–14) is acceptable as installed
on the delivered airplanes, but that part
number is not allowed to be used as a
replacement for other part numbers as
instructed in the service information
specified in this proposed AD. The use
of MOV actuator P/N MA11A1265
(Boeing P/N S343T003–14) to replace
other part numbers is allowed for Model
767 airplanes, but not for Model 757
airplanes. We have revised paragraphs
(h)(2) and (h)(3) of this proposed AD
accordingly.
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Request To Specify Differences Between
Proposed Requirements and Service
Information
DAL noted that the NPRM referred to
‘‘Differences Between this Proposed AD
and the Service Information,’’ but such
a section was not in the NPRM. DAL
requested that we add a section that
discusses the differences between the
proposed AD (in the NPRM) and the
service information specified in the
NPRM. DAL explained one key
difference: the alternative acceptable
MOV actuator part numbers that are
specified in the service information for
Model 757 and Model 767 airplanes are
not specified in the proposed AD.
We partially agree with DAL’s
request. The NPRM inadvertently
referred to an unnecessary section that
was not included in the NPRM.
Furthermore, we did not intend to differ
with the service information in regards
to the additional MOV actuator part
numbers specified in the service
information for Model 757 and Model
767 airplanes. As stated previously, we
have revised paragraphs (h)(2) and (h)(3)
of this proposed AD to allow the
additional part numbers.
Request To Reduce Compliance Time
Air Line Pilots Association,
International (ALPA) stated that
operators have had ample time to
prepare scheduling and maintenance
activities to address the safety concern
in a more efficient time frame than the
proposed compliance time of 8 years.
We infer that ALPA wants us to
reduce the compliance time, however,
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they did not identify a proposed
compliance time. We have evaluated the
level of safety and also the mitigation
provided by the airworthiness
limitations mandated by AD 2015–19–
04, AD 2015–21–09, and AD 2015–21–
10. We have determined that the 8-year
compliance time is adequate to address
the identified unsafe condition. We
have not changed this proposed AD
regarding this issue.
Request To Permit MOV Actuator Part
Numbers Developed in the Future
SWA requested that we revise
paragraph (h)(1) of the proposed AD (in
the NPRM) to permit MOV actuators
having part numbers approved in the
future. SWA stated that this would
reduce requests for approval of an
alternative method of compliance
(AMOC).
We disagree with SWA’s request.
Paragraphs (h)(l), (h)(2), and (h)(3) of the
proposed AD (in the NPRM) did not
allow the installation of new MOV
actuator part numbers that could be
made available in the future. During the
installation of the MOV actuator, it is
critical to ensure that the MOV actuator
is properly bonded to the structure to
prevent the development of an ignition
source inside the fuel tank due to fault
current or lightning strike. To ensure
proper installation of a future MOV
actuator part number, we would have to
require in the AD that a future MOV
actuator part number would be installed
in accordance with applicable
installation instructions. Since
applicable installation instructions for a
future MOV actuator part number do not
exist, and we cannot incorporate
instructions which do not exist in an
AD, we cannot allow the installation of
future MOV actuator part numbers in
the proposed AD. However, operators
may request an AMOC in accordance
with paragraph (o) of this proposed AD
to allow installation of MOV actuators
approved in the future. We have made
no further change to paragraphs (h)(1),
(h)(2), and (h)(3) of this proposed AD in
this regard.
Request To Use Serviceable Parts
DAL requested that we allow
installation of serviceable parts as well
as new parts. DAL stated that the service
information specifies only new parts.
We agree with DAL’s request. The
installation of serviceable parts meets
the intent of the AD and addresses the
unsafe condition. We have revised
paragraphs (h)(1), (h)(2), and (h)(3) of
this proposed AD to specify that
installation of serviceable parts is
acceptable.
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Request To Revise Parts Installation
Prohibition
ANA and UAL requested that we
revise paragraph (j) of the proposed AD
(in the NPRM) by adding alternative
MOV actuator P/Ns AV–31–1,
MA11A1265, and MA11A1265–1
(Boeing P/N S343T003–111, S343T003–
14, and S343T003–41, respectively), if
those alternative part numbers are
allowed under paragraphs (h)(2) and
(h)(3) of the proposed AD (in the
NPRM). ANA also suggested changing
the wording ‘‘fuel shutoff valves’’ to
‘‘left and right engine fuel shutoff
valves’’ in paragraph (j) of the proposed
AD (in the NPRM) to eliminate
ambiguity, since Model 767 airplanes
have several fuel shutoff valves. The
commenters stated that if the alternative
part numbers are allowed for
installation under paragraphs (h)(2) and
(h)(3) of the proposed AD (in the
NPRM), paragraph (j) of the proposed
AD (in the NPRM) should prohibit the
replacement of those alternative part
numbers with MOV actuators having P/
N MA30A1001 (Boeing P/N S343T003–
66) or MA20A2027 (Boeing P/N
S343T003–56).
We agree with the commenters’
requests. Those alternative MOV
actuators are acceptable for Model 757
and Model 767 airplanes and should not
be replaced by MOV actuators having P/
N MA30A1001 (Boeing P/N S343T003–
66) or MA20A2027 (Boeing P/N
S343T003–56) after the effective date of
the AD. The parts installation
prohibition specified in paragraph (j) of
proposed AD (in the NPRM)
corresponds with the parts installation
prohibitions specified in paragraphs
(l)(1) through (1)(4) of this proposed AD,
which identify affected part numbers for
the airplanes identified in those
paragraphs. The parts installation
prohibition for Model 757 and Model
767 airplanes is specified in paragraphs
(l)(2) and (l)(3) of this proposed AD, and
additional MOV actuator part numbers
are identified in those paragraphs as
requested by the commenters. We also
added ‘‘for the left engine and right
engine fuel shutoff valves’’ in
paragraphs (l)(1) through (l)(4) of this
proposed AD.
Request To Refer to Previously
Released Service Information
Boeing requested that we revise the
proposed AD (in the NPRM) to refer to
previously released service information
that provides instructions to replace a
specific older MOV actuator part
number. Boeing stated that note 2 to
paragraph (h)(2) of the proposed AD (in
the NPRM) informs an operator that it
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can use Boeing Special Attention
Service Bulletin 757–28–0138, dated
May 18, 2016, to replace MOV actuators
having P/N MA20A1001–1 (Boeing P/N
S343T003–39). Boeing explained that
Boeing Alert Service Bulletin 757–28–
0088, dated January 25, 2007, which has
been mandated by AD 2008–06–03,
Amendment 39–15415 (73 FR 13081,
March 12, 2008) (‘‘AD 2008–06–03’’),
has instructions to replace MOV
actuators having P/N MA20A1001–1
(Boeing P/N S343T003–39) with MOV
actuators having P/N MA30A1001
(Boeing P/N S343T003–66) or
MA20A2027 (Boeing P/N S343T003–
56). Boeing stated that the previously
released service bulletins are the type
design to make the part change and
should be referenced.
We do not agree with Boeing’s request
to add a reference to Boeing Alert
Service Bulletin 757–28A0088, dated
January 25, 2007, or Boeing Alert
Service Bulletin 737–28A1207, dated
February 15, 2007, both of which are
mandated by AD 2008–06–03; or Boeing
Alert Service Bulletin 767–28A0090,
dated July 3, 2008, which is mandated
by AD 2009–22–13, Amendment 39–
16066 (74 FR 55755, October 29, 2009).
We infer that Boeing was expressing its
concern that if an MOV actuator having
P/N MA20A1001–1 (Boeing P/N
S343T003–39) is found, that part
number must be replaced by an MOV
actuator having P/N MA30A1001
(Boeing P/N S343T003–66) or
MA20A2027 (Boeing P/N S343T003–56)
in accordance with those previously
released service bulletins as an
approved change to the type design.
Then, an MOV actuator having P/N
MA30A1001 (Boeing P/N S343T003–66)
or MA20A2027 (Boeing P/N S343T003–
56) must be replaced by an MOV
actuator having an acceptable part
number in accordance with the service
information mandated by this proposed
AD as an approved change to the type
design.
We consider it unnecessary to add a
reference to Boeing Alert Service
Bulletin 757–28A0088, dated January
25, 2007; Boeing Alert Service Bulletin
737–28A1207, dated February 15, 2007;
or Boeing Alert Service Bulletin 767–
8A0090, dated July 3, 2008. The type
design change provided by the
previously released service information
discussed above is addressed under AD
2008–06–03 and AD 2009–22–13, and
incorporation of that type design change
should have been completed for
airplanes affected by those two ADs. In
addition, this proposed AD covers the
airplanes affected by AD 2008–06–03
and AD 2009–22–13 as well as those
that are not. The notes to paragraphs
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(h)(1) and (h)(2) of the proposed AD (in
the NPRM) were intended to clarify that
operators can use service bulletins
mandated by paragraphs (h)(1) and
(h)(2) of this proposed AD to remove
MOV actuators having P/N
MA20A1001–1 (Boeing P/N S343T003–
39) and replace that part number with
acceptable MOV actuator part numbers
since those service bulletins do not
specifically address removal of MOV
actuators having P/N MA20A1001–1
(Boeing P/N S343T003–39). The service
information mandated by paragraph
(h)(3) of this proposed AD for Model
767 airplanes addresses removal of
MOV actuators having P/N
MA20A1001–1 (Boeing P/N S343T003–
39). We have revised this proposed AD
by including the text from the notes to
paragraphs (h)(1), (h)(2), and (h)(3) of
the proposed AD (in the NPRM) in the
regulatory text of their respective
paragraphs in this proposed AD.
Request for Clarification Regarding
Certain MOV Actuator Part Number
Removal
DAL requested that we clarify
whether the proposed AD (in the
NPRM) would require removal of an
MOV actuator having P/N MA20A1001–
1 (Boeing P/N S343T003–39). DAL
stated that the notes to paragraphs
(h)(1), (h)(2), and (h)(3) of the proposed
AD (in the NPRM) mention removal of
MOV actuators having P/N
MA20A1001–1 (Boeing P/N S343T003–
39), but removal would not be mandated
in the proposed AD (in the NPRM).
We agree that clarification is
necessary. Removal of MOV actuators
having P/N MA20A1001–1 (Boeing P/N
S343T003–39) has been mandated by
AD 2008–06–03 for certain Model 737
and Model 757 airplanes and by AD
2009–22–13 for certain Model 767
airplanes. Those ADs did not cover
airplanes delivered with a later MOV
actuator part number. However, for
those airplanes not affected by the
earlier ADs, the FAA discovered the
potential for operators to install MOV
actuators having P/N MA20A1001–1
(Boeing P/N 343T003–39) since there
was no obvious prohibition of such
installation, other than the
manufacturer’s proprietary drawings
that would prohibit the installation. To
address this issue, we issued AD 2016–
04–20, Amendment 39–18414 (81 FR
10460, March 1, 2016) (‘‘AD 2016–04–
20’’), to prohibit the installation of MOV
actuators having P/N MA20A1001–1
(Boeing P/N S343T003–39) on all
affected models including future
delivery airplanes. For airplanes
affected by AD 2008–06–03 or AD 2009–
22–13, we consider that it is unlikely to
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find MOV actuators having P/N
MA20A1001–1 (Boeing P/N S343T003–
39) installed, since such an installation
would violate the AD requirements. For
airplanes not affected by those earlier
ADs, there is a chance to find that part
number installed. In such a case, the
service information specified in
paragraph (h)(1), (h)(2), or (h)(3) of this
proposed AD may be used to remove an
MOV actuator having P/N MA20A1001–
1 (Boeing P/N S343T003–39) and
replace it with an acceptable MOV
actuator part number. We have revised
paragraph (h) of this proposed AD to
clarify the use of that service
information relative to the removal of
MOV actuators with P/N MA20A1001–
1 (Boeing P/N S343T003–39). No other
changes were made to this proposed AD
regarding this issue.
Request for Part Number Clarification
SunExpress Airlines (SXS) stated that
paragraph (h) of AD 2016–04–20
requires the replacement of an MOV
actuator having P/N MA20A1001–1
(Boeing P/N S343T003–39) with a
different serviceable, FAA-approved
MOV actuator. SXS asserted that this
requirement would conflict with
paragraph (h) of the proposed AD (in the
NPRM) since MOV actuators having P/
N MA30A1001 (Boeing P/N S343T003–
66) or MA20A2027 (Boeing P/N
S343T003–56) are required to be
removed by paragraph (h) of the
proposed AD (in the NPRM) while those
part numbers could be allowed for
installation under paragraph (h) of AD
2016–04–20.
We infer that SXS is requesting part
number clarification. There is no
conflict between paragraph (h) of AD
2016–04–20 and paragraph (h) of this
proposed AD. Paragraph (h) of AD
2016–04–20 requires removal of MOV
actuators having P/N MA20A1001–1
(Boeing P/N S343T003–39). Paragraph
(h) of this proposed AD would require
removal of MOV actuators having P/N
MA20A1001 (Boeing P/N S343T003–66)
or MA20A2027 (Boeing P/N S343T003–
56). The operators would comply with
both paragraph (h) of AD 2016–04–20
and paragraph (h) of this proposed AD
by removing MOV actuators having P/N
MA20A1001–1 (Boeing P/N S343T003–
39), MA30A1001 (Boeing P/N
S343T003–66), and MA20A2027
(Boeing P/N S343T003–56), and
replacing those part numbers with an
acceptable MOV actuator part number,
such as P/N MA30A1017 (Boeing P/N
S343T003–76).
We agree that AD 2016–04–20 does
not specifically prohibit the installation
of MOV actuators having P/N
MA30A1001 or P/N MA20A2027. This
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proposed AD includes more specific
provisions that would prohibit the
installation of certain MOV actuators,
including those having P/N
MA30A1001 and P/N MA20A2027, in
place of certain other MOV actuators.
While there is no conflict between the
requirements in this proposed AD and
AD 2016–04–20, we acknowledge that
this proposed AD includes those more
specific provisions. We have not
changed this proposed AD regarding
this issue.
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Request To Mandate a Fuel Leak Check
UAL suggested that we revise the
proposed AD (in the NPRM) to mandate
a fuel leak check of the engine fuel
shutoff valves per the applicable aircraft
maintenance manual (AMM) during the
modification specified in paragraphs
(h)(1), (h)(2), and (h)(3) of the proposed
AD (in the NPRM).
We do not agree with UAL’s request.
We consider that operators would
perform pertinent functional or
operational checks recommended in the
AMM during the modification specified
in paragraphs (h)(1), (h)(2), and (h)(3) of
this proposed AD, as operators would
typically perform during maintenance
activities. We consider that proper
installation would be ensured even if a
fuel leak check of the engine fuel shutoff
valves would not be specifically
mandated by this proposed AD. We
have not changed this proposed AD
regarding this issue.
Request To Clarify Compliance Time in
Paragraph (i)(1) of the Proposed AD
SWA requested that we clarify the
initial compliance time specified under
paragraph (i)(1) of the proposed AD (in
the NPRM): 6 years from ‘‘the previous’’
inspection.
We agree to provide clarification, as
well as a change to paragraph (i)(1) of
this proposed AD. The initial
compliance time (in the NPRM) was
based on the assumption that the
inspection specified in AWL No. 28–
AWL–24 for Model 737–600, –700,
–700C, –800, –900, and –900ER
airplanes would have been
accomplished at least once on all
affected airplanes before the effective
date of the AD.
However, we determined this
assumption to be incorrect.
Incorporation of AWL No. 28–AWL–24
is mandated by paragraph (h)(1) of AD
2008–06–03. This action is required to
be done concurrently with the actions
specified in paragraph (g) of AD 2008–
06–03. The actions required by
paragraphs (g) and (h)(1) of AD 2008–
06–03 should have been accomplished
on all affected airplanes before April 16,
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2013. But the inspection specified in
AWL No. 28–AWL–24 is not due until
six years after the accomplishment of
Boeing Alert Service Bulletin 737–
28A1207, dated February 15, 2007, as
mandated by paragraph (g) of AD 2008–
06–03, or Boeing Service Bulletin 737–
28A1207, Revision 1, dated April 19,
2010, which was approved as an AMOC
to paragraph (g) of AD 2008–06–03.
Therefore, accomplishment of the
inspection specified in AWL No. 28–
AWL–24 may not occur on all affected
airplanes prior to April 16, 2019, which
is six years after all affected airplanes
would had to have accomplished the
actions of AD 2008–06–03, as discussed
above. Thus, a ‘‘previous inspection’’
may not have occurred on certain
affected airplanes.
We have therefore revised paragraph
(i)(1) of this proposed AD to specify that
the initial compliance time for
accomplishing the actions required by
AWL No. 28–AWL–24 is within 6 years
since the most recent inspection was
performed in accordance with AWL No.
28–AWL–24, or within 6 years since the
accomplishment of the actions specified
in Boeing Alert Service Bulletin 737–
28A1207, dated February 15, 2007,
whichever occurs later. We have revised
paragraph (i)(2) of this proposed AD in
a similar manner to address the same
issue associated with AWL No. 28–
AWL–25 for Model 757 airplanes.
Request To Delete 30-Day Compliance
Time in Paragraph (i)(1) of the
Proposed AD
EASA suggested that we delete the
grace period (‘‘or within 30 days after
the effective date of this AD, whichever
is later’’) from paragraph (i)(1) of the
proposed AD (in the NPRM). EASA
stated that this compliance time is
unnecessary since a time ‘‘prior to or
concurrently with the actions required
by paragraph (h)(1)’’ will always be later
than ‘‘within 30 days’’ after the effective
date. EASA also noted that the 30-day
compliance time does not appear in
paragraphs (i)(2) and (i)(3) of the
proposed AD (in the NPRM).
We do not agree with EASA’s request.
When we approved Boeing Service
Bulletin 737–28–1314, dated November
17, 2014, which is referenced in
paragraphs (g)(1) and (h)(1) of this
proposed AD, we did not require
incorporation of applicable AWLs into
the maintenance or inspection program
as part of the service information
approval. Therefore, operators who have
already accomplished Boeing Service
Bulletin 737–28–1314, dated November
17, 2014, may not have incorporated
applicable AWLs that are provided in
Section 9 of the Maintenance Planning
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Data (MPD) Document or Special
Compliance Items and Airworthiness
Limitations (SCI/AWL) document at the
revision levels specified in paragraph
(i)(1) or (n)(3) of this proposed AD
(paragraph (i)(1) or (k)(2), respectively,
of the proposed AD (in the NPRM)). For
such operators, paragraph (i)(1) of this
proposed AD provides a grace period of
30 days for incorporation of applicable
AWLs into their maintenance or
inspection program, as applicable.
When we approved Boeing Special
Attention Service Bulletin 757–28–
0138, dated May 18, 2016, and Revision
1, dated June 19, 2017, and Boeing
Service Bulletin 767–28–0115, dated
September 10, 2015, and Revision 1,
dated June 2, 2016, we required
incorporation of applicable AWLs as
part of AMOC approval for AD 2008–
06–03 (Model 757) and AD 2009–22–13
(Model 767). This requirement is
specified in the Approval section of
those service bulletins. Therefore, any
operator who has accomplished any of
those service bulletins prior to the
effective date of the AD should have
already incorporated applicable AWLs
into their maintenance or inspection
program, and it is unnecessary to have
a grace period in paragraphs (i)(2) and
(i)(3) of this proposed AD. We have not
changed this proposed AD regarding
this issue.
Request To Use Later-Approved Service
Information
ANA requested that we revise
paragraph (i) of the proposed AD (in the
NPRM) to allow operators to use a later
revision of the Airworthiness
Limitations section of the Instructions
for Continued Airworthiness: Section 9
of the Boeing Maintenance Planning
Data (MPD) Document or Boeing SCI/
AWL document.
We do not agree with ANA’s request.
We cannot use the phrase ‘‘or later FAAapproved revisions,’’ in an AD when
referring to the service document
because doing so violates Office of the
Federal Register (OFR) regulations for
approval of materials incorporated by
reference (see 1 CFR 51.1(f)). We are
required to either publish the service
document contents as part of the actual
(regulatory) AD language; or submit the
service document to the OFR for
approval as referenced material, in
which case we may only refer to such
material in the text of an AD. The AD
may refer to the service document only
if the OFR approved it for incorporation
by reference. To allow operators to use
later revisions of the referenced
document (issued after publication of
the AD), either we must revise this
proposed AD to refer to specific later
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revisions, or operators must request
approval to use later revisions as an
AMOC to this AD under the provisions
of paragraph (o) of this proposed AD.
We have not changed this proposed AD
regarding this issue.
Request To Limit Applicability
DAL, Solaseed Air, and SWA
requested that we clarify paragraph
(i)(1) of the proposed AD (in the NPRM),
or that we revise that paragraph to limit
the affected airplanes. The commenters
stated that AWL No. 28–AWL–24,
specified under paragraph (i)(1)(iii) of
the proposed AD (in the NPRM), is
limited to line numbers 1 through 1980
and 1982, but paragraph (i)(1) of the
proposed AD (in the NPRM) would
require incorporation of this specific
AWL for all airplanes identified in
paragraph (c)(1) of the proposed AD (in
the NPRM). SWA also stated that the
effectivity of AWL No. 28–AWL–22 is
defined by MOV actuator part numbers.
We agree that clarification is
necessary. Paragraph (i) of this proposed
AD would not require compliance with
the AWLs specified in that paragraph.
Instead, paragraph (i) of this proposed
AD would require the operators to
revise their maintenance or inspection
program, as applicable, by incorporating
those AWLs. Once the AWLs are
incorporated into the maintenance or
inspection program, compliance with
the AWLs is required by 14 CFR 43.16
and 91.403(c). The effectivity of each
AWL is specified in the Applicability
section of the AWL. AWL No. 28–AWL–
24, required by paragraph (i)(1)(iii) of
this proposed AD, applies to line
numbers 1 through 1980 and 1982. For
any airplane outside this applicability,
there is no maintenance action
associated with this specific AWL.
Therefore, we consider that
incorporation of AWL No. 28–AWL–24
as specified by paragraph (i)(1)(iii) of
this proposed AD does not impose an
extra burden on operators. Furthermore,
incorporation of AWL No. 28–AWL–24
would invoke appropriate maintenance
actions if an operator acquires an
airplane in the future that falls under
the effectivity of that AWL. Because of
those reasons, we disagree to limit the
airplanes affected by paragraph (i)(1) of
this proposed AD.
Regarding AWL No. 28–AWL–22
mentioned by SWA, the AWL applies to
all Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes, but
the conditions specified in this AWL
must be met by the MOV actuator part
numbers specified in the applicability
note. For the same rationale as noted
above, we have not changed this
proposed AD regarding this issue.
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Request for Part Intermix Credit
SXS requested that we add credit for
intermixed part usage until the AD
compliance due date. SXS stated that
within the 8-year compliance time, the
new MOV actuators may be installed at
affected locations while the MOV
actuators that are to be removed remain
installed at other affected locations.
We infer that SXS is requesting us to
clarify the intermixed part usage during
the AD compliance time. We agree to
provide clarification regarding this
matter. Operators may install acceptable
MOV actuators having part numbers
specified in paragraph (h) of this
proposed AD at any affected locations
while keeping MOV actuators having P/
N MA30A1001 (Boeing P/N S343T003–
66) or MA20A2027 (Boeing P/N
S343T003–56) installed at other affected
locations during the AD compliance
time. However, for airplanes with this
intermixed part configuration, credit is
not allowed for compliance with
paragraph (h) of this proposed AD.
Credit for compliance with paragraph
(h) of this proposed AD can be taken
only after the installation of acceptable
MOV actuator part numbers at all
affected locations specified in paragraph
(h) of this proposed AD. Furthermore,
once an acceptable MOV actuator part
number is installed at any affected
location, paragraph (l) of this proposed
AD would prohibit the replacement of
that MOV actuator part number with an
MOV actuator having P/N MA30A1001
(Boeing P/N S343T003–66) or
MA20A2027 (Boeing P/N S343T003–
56). We have not changed this proposed
AD regarding this issue.
Request To Specify Earlier Service
Information and New Service
Information
Boeing requested that we revise
paragraph (k)(2) of the proposed AD (in
the NPRM) to refer to all previously
released MPD Documents and SCIs that
include the AWLs listed in paragraph
(i)(1) of the proposed AD (in the NPRM).
The commenter stated that the current
list misses the most recent SCI/AWL
revision, Revision September 2016. The
commenter also stated that a new SCI/
AWL revision is in work and should be
referenced in the AD.
We partially agree with Boeing’s
requests. Revision September 2016 was
the latest revision at the time the NPRM
was published. Therefore, it was
identified under paragraphs (i)(1)(i),
(i)(1)(ii), and (i)(1)(iii), instead of
paragraph (k)(2), of the proposed AD (in
the NPRM). Paragraph (k)(2) of the
proposed AD (in the NPRM) identified
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14213
all acceptable earlier revisions at the
time the NPRM was published.
Since the publication of the NPRM,
Boeing released a new SCI/AWL
revision: Boeing 737–600/700/700C/
800/900/900ER Special Compliance
Items/Airworthiness Limitations,
D626A001–9–04, Revision January
2017. We have revised paragraphs
(i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this
proposed AD to identify this latest
revision, and provided credit for Boeing
737–600/700/700C/800/900/900ER
Special Compliance Items/
Airworthiness Limitations, D626A001–
9–04, Revision September 2016, in
paragraph (n)(3) of this proposed AD
(which was paragraph (k)(2) of the
proposed AD (in the NPRM)).
Request To Revise Paragraph
References
UAL requested that we revise
paragraph (k)(4) of the proposed AD (in
the NPRM) to refer to paragraph (i)(3)(i)
of the proposed AD (in the NPRM),
instead of paragraph (i)(3) of the
proposed AD (in the NPRM). UAL also
suggested that we revise paragraph
(k)(5) of the proposed AD (in the NPRM)
to add credit for the revisions of the
SCI/AWL document that are identified
in paragraph (k)(4) of the proposed AD
(in the NPRM).
We do not agree with UAL’s requests.
Paragraph (n)(5) of this proposed AD
(which was paragraph (k)(4) in the
proposed AD (in the NPRM)) refers to
paragraph (i)(3) of this proposed AD,
which includes paragraphs (i)(3)(i) and
(i)(3)(ii) of this proposed AD. The
revisions of the SCI/AWL document that
the commenter requested to be added
under paragraph (n)(6) of this proposed
AD (which was paragraph (k)(5) in the
proposed AD (in the NPRM)) are already
identified in paragraph (n)(5) of this
proposed AD as credit for the AWL
identified in paragraph (i)(3)(ii) of this
proposed AD. Paragraph (n)(6) of this
proposed AD identifies an additional
revision of the SCI/AWL document that
is acceptable for the AWL required by
paragraph (i)(3)(ii) of this proposed AD.
We have not changed this proposed AD
regarding this issue.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
the installation of winglets per
Supplemental Type Certificate (STC)
ST00830SE, ST01518SE, or ST01920SE
does not affect the accomplishment of
the manufacturer’s service instructions.
We agree that STC ST00830SE,
ST01518SE, or ST01920SE does not
affect the accomplishment of the
manufacturer’s service instructions.
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Therefore, the installation of STC
ST00830SE, ST01518SE, or ST01920SE
does not affect the ability to accomplish
the actions that would be required by
this proposed AD. We have not changed
this proposed AD regarding this issue.
Related Service Information Under 1
CFR Part 51
We reviewed the following service
information.
• Boeing Service Bulletin 737–28–
1314, dated November 17, 2014,
describes procedures for installing new
MOV actuators of the fuel shutoff valves
for the left and right engines on Model
737–600, –700, –700C, –800, –900, and
–900ER series airplanes.
• Boeing 737–600/700/700C/800/900/
900ER Special Compliance Items/
Airworthiness Limitations, D626A001–
9–04, Revision January 2017, describes
AWLs for fuel tank ignition prevention
on Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes.
• Boeing Special Attention Service
Bulletin 757–28–0138, Revision 1, dated
June 19, 2017, describes procedures for
installing new MOV actuators of the fuel
shutoff valves for the left and right
engines, and of the APU fuel shutoff
valve, on Model 757 airplanes.
• Boeing 757 Maintenance Planning
Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622N001–9, Revision
February 2017, describes AWLs for fuel
tank ignition prevention on Model 757
airplanes.
• Boeing Service Bulletin 767–28–
0115, Revision 1, dated June 2, 2016,
describes procedures for installing new
MOV actuators of the fuel shutoff valves
for the left and right engines, and of the
APU fuel shutoff valve, on Model 767
airplanes.
• Boeing 767 Special Compliance
Items/Airworthiness Limitations,
D622T001–9–04, Revision June 2016,
describes AWLs for fuel tank ignition
prevention on Model 767 airplanes.
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
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 designs. Certain changes described
above expand the scope of the NPRM.
As a result, we have determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this SNPRM.
Proposed Requirements of This
Proposed AD
This proposed AD would require
accomplishing the actions specified in
the service information described
previously.
This proposed AD would also provide
terminating action for all certain actions
required by AD 2015–19–04, AD 2015–
21–09, and AD 2015–21–10, as
explained above, under ‘‘Requests to
Terminate Other ADs.’’
This proposed AD would also require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions would be required by
14 CFR 43.16 and 91.403(c). For
airplanes that have been previously
modified, altered, or repaired in the
areas addressed by this proposed AD,
the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (o) of this proposed AD. The
request should include a description of
changes to the required inspections that
will ensure the continued operational
safety of the airplane.
Costs of Compliance
We estimate that this proposed AD
affects 2,574 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
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Inspection and replacement Model
(1,440 airplanes).
Inspection and replacement Model
(675 airplanes).
Inspection and replacement Model
(442 airplanes).
Maintenance or inspection program
sion (2,574 airplanes).
737
757
767
revi-
Up to 6 work-hours ×
to $510.
Up to 9 work-hours ×
to $765.
Up to 9 work-hours ×
to $765.
1 work-hour × $85 per
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
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Parts cost
Cost per
product
$85 per hour = Up
Up to $12,000 ...
Up to $12,510 ..
$85 per hour = Up
Up to $18,000 ..
Up to $18,765 ..
$85 per hour = Up
Up to $18,000 ..
Up to $18,765 ..
hour = $85 ............
$0 .....................
$85 ...................
Labor cost
Jkt 244001
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
PO 00000
Frm 00012
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Cost on U.S.
operators
Up to
$18,014,400.
Up to
$12,666,375.
Up to
$8,294,130.
$218,790.
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
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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.
(d) Subject
Air Transport Association (ATA) of
America Code 28; Fuel.
List of Subjects in 14 CFR Part 39
(g) Inspection To Determine Part Number
(P/N)
(1) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes: Within 8
years after the effective date of this AD, do
an inspection to determine the part numbers
of the MOV actuators of the fuel shutoff
valves for the left and right engines, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737–
28–1314, dated November 17, 2014. A review
of airplane maintenance records is acceptable
in lieu of this inspection if the part number
of the MOV actuator at each location can be
conclusively determined from that review.
(2) For airplanes identified in paragraphs
(c)(2) and (c)(3) of this AD: Within 8 years
after the effective date of this AD, do an
inspection to determine the part numbers of
the MOV actuators of the fuel shutoff valves
for the left and right engines, and of the APU
fuel shutoff valve, in accordance with the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 757–28–
0138, Revision 1, dated June 19, 2017 (‘‘SB
757–28–0138 R1’’); or Boeing Service
Bulletin 767–28–0115, Revision 1, dated June
2, 2016 (‘‘SB 767–28–0115 R1’’); as
applicable. A review of airplane maintenance
records is acceptable in lieu of this
inspection if the part number of the MOV
actuator at each location can be conclusively
determined from that review.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2017–0127; Product Identifier 2016–
NM–161–AD.
(a) Comments Due Date
We must receive comments by May 18,
2018.
nshattuck on DSK9F9SC42PROD with PROPOSALS
(b) Affected ADs
This AD affects AD 2015–21–09,
Amendment 39–18302 (80 FR 65121, October
26, 2015) (‘‘AD 2015–21–09’’); AD 2015–19–
04, Amendment 39–18267, (80 FR 55505,
September 16, 2015) (‘‘AD 2015–19–04’’);
and AD 2015–21–10, Amendment 39–18303
(80 FR 65130, October 26, 2015) (‘‘AD 2015–
21–10’’).
(c) Applicability
This AD applies to all The Boeing
Company airplanes, certificated in any
category, identified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD.
(1) Model 737 series airplanes, excluding
Model 737–100, –200, –200C, –300, –400,
and –500 series airplanes.
(2) Model 757–200, –200PF, –200CB, and
–300 series airplanes.
(3) Model 767–200, –300, –300F, and
–400ER series airplanes.
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(e) Unsafe Condition
This AD was prompted by reports of
latently failed motor-operated valve (MOV)
actuators of the fuel shutoff valves. We are
issuing this AD to prevent a latent failure of
the actuator for the engine or auxiliary power
unit (APU) fuel shutoff valves, which could
result in the inability to shut off fuel to the
engine or the APU, and, in case of certain
engine or APU fires, could result in structural
failure.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(h) Replacement
(1) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes on which
any MOV actuator having P/N MA20A2027
or P/N MA30A1001 (Boeing P/N S343T003–
56 or Boeing P/N S343T003–66,
respectively), is found during the inspection
required by paragraph (g)(1) of this AD:
Within 8 years after the effective date of this
AD, replace each affected MOV actuator with
an MOV actuator having P/N MA30A1017
(Boeing P/N S343T003–76), in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin 737–28–1314, dated
November 17, 2014. Where Boeing Service
Bulletin 737–28–1314, dated November 17,
2014, specifies the installation of a new MOV
actuator, this AD allows the installation of a
new or serviceable MOV actuator. While not
required by this AD, the Accomplishment
Instructions specified in Boeing Service
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14215
Bulletin 737–28–1314, dated November 17,
2014, for replacing MOV actuators having
Boeing P/N S343T003–66 or Boeing P/N
S343T003–56 may be used for replacing
MOV actuators having P/N MA20A1001–1
(Boeing P/N S343T003–39).
(2) For airplanes identified in paragraph
(c)(2) of this AD on which any MOV actuator
having P/N MA20A2027 or P/N MA30A1001
(Boeing P/N S343T003–56 or Boeing P/N
S343T003–66, respectively) is found during
the inspection required by paragraph (g)(2) of
this AD: Within 8 years after the effective
date of this AD, replace each affected MOV
actuator with an MOV actuator having P/N
MA30A1017 (Boeing P/N S343T003–76), P/N
AV–31–1 (Boeing P/N S343T003–111), or
P/N MA11A1265–1 (Boeing P/N S343T003–
41), in accordance with the Accomplishment
Instructions of SB 757–28–0138 R1. Where
SB 757–28–0138 R1, specifies the installation
of a new MOV actuator, this AD allows the
installation of a new or serviceable MOV
actuator. While not required by this AD, the
Accomplishment Instructions specified in SB
757–28–0138 R1 for replacing MOV actuators
having Boeing P/N S343T003–66 or Boeing
P/N S343T003–56 may be used for replacing
MOV actuators having P/N MA20A1001–1
(Boeing P/N S343T003–39).
(3) For airplanes identified in paragraph
(c)(3) of this AD on which any MOV actuator
having P/N MA20A2027 (Boeing P/N
S343T003–56) or P/N MA30A1001 (Boeing
P/N S343T003–66) is found during the
inspection required by paragraph (g)(2) of
this AD: Within 8 years after the effective
date of this AD, replace each affected MOV
actuator with an MOV actuator having P/N
MA30A1017 (Boeing P/N S343T003–76), P/N
AV–31–1 (Boeing P/N S343T003–111), P/N
MA11A1265 (Boeing P/N S343T003–14), or
P/N MA11A1265–1 (Boeing
P/N S343T003–41), in accordance with the
Accomplishment Instructions of SB 767–28–
0115 R1. Where SB 767–28–0115 R1,
specifies the installation of a new MOV
actuator, this AD allows the installation of a
new or serviceable MOV actuator. While not
required by this AD, the Accomplishment
Instructions specified in SB 767–28–0115 R1,
for replacing MOV actuators having Boeing
P/N S343T003–66 or Boeing P/N S343T003–
56 may be used for replacing MOV actuators
having P/N MA20A1001–1 (Boeing P/N
S343T003–39).
(i) Maintenance or Inspection Program
Revision
(1) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes with an
original certificate of airworthiness or
original export certificate of airworthiness
issued on or before the effective date of this
AD: Prior to or concurrently with the actions
required by paragraph (h)(1) of this AD or
within 30 days after the effective date of this
AD, whichever is later, revise the
maintenance or inspection program, as
applicable, to add the airworthiness
limitations (AWLs) specified in paragraphs
(i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD.
The initial compliance time for
accomplishing the actions required by AWL
No. 28–AWL–24 is within 6 years since the
most recent inspection was performed in
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inspection was performed in accordance with
AWL No. 28–AWL–25, or within 6 years
since the actions specified in Boeing Alert
Service Bulletin 757–28A0088 were
accomplished, whichever is later.
(i) AWL No. 28–AWL–23, Motor Operated
Valve (MOV) Actuator—Lightning and Fault
Current Protection Electrical Bond, as
specified in Boeing 757 Maintenance
Planning Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622N001–9, Revision February
2017.
(ii) AWL No. 28–AWL–24, Motor Operated
Valve (MOV) Actuator—Electrical Design
Feature, as specified in Boeing 757
Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, Revision February 2017.
(iii) AWL No. 28–AWL–25, Motor
Operated Valve (MOV) Actuator—Lightning
and Fault Current Protection Electrical Bond,
as specified in Boeing 757 Maintenance
Planning Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D622N001–9, Revision February
2017.
(3) For airplanes identified in paragraph
(c)(3) of this AD with an original certificate
of airworthiness or original export certificate
of airworthiness issued on or before the
effective date of this AD: Prior to or
concurrently with the actions required by
paragraph (h)(3) of this AD, revise the
maintenance or inspection program, as
applicable, to add the AWLs specified in
paragraphs (i)(3)(i) and (i)(3)(ii) of this AD.
(i) AWL No. 28–AWL–23, Motor Operated
Valve (MOV) Actuator—Lightning and Fault
Current Protection Electrical Bond, as
specified in Boeing 767 Special Compliance
Items/Airworthiness Limitations, D622T001–
9–04, Revision June 2016.
(ii) AWL No. 28–AWL–24, Motor Operated
Valve (MOV) Actuator—Electrical Design
Feature, as specified in Boeing 767 Special
Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision June
2016.
(2) For airplanes identified in paragraph
(c)(2) of this AD: After accomplishing the
actions required by paragraphs (g)(2), (h)(2),
and (i)(2) of this AD, as applicable, on all
airplanes in an operator’s fleet, and within 8
years after the effective date of the AD, revise
the maintenance or inspection program, as
applicable, by incorporating the AWL
specified in figure 2 to paragraph (j)(2) of this
AD.
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(j) Maintenance or Inspection Program
Revision for Parts Installation Prohibition
(1) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes: After
accomplishing the actions required by
paragraphs (g)(1), (h)(1), and (i)(1) of this AD,
as applicable, on all airplanes in an
operator’s fleet, and within 8 years after the
effective date of the AD, revise the
maintenance or inspection program, as
applicable, by incorporating the AWL
specified in figure 1 to paragraph (j)(1) of this
AD.
BILLING CODE 4910–13–P
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nshattuck on DSK9F9SC42PROD with PROPOSALS
accordance with AWL No. 28–AWL–24, or
within 6 years since the actions specified in
Boeing Alert Service Bulletin 737–28A1207
were accomplished, whichever is later.
(i) AWL No. 28–AWL–21, MOV Actuator—
Lightning and Fault Current Protection
Electrical Bond, as specified in Boeing 737–
600/700/700C/800/900/900ER Special
Compliance Items/Airworthiness
Limitations, D626A001–9–04, Revision
January 2017.
(ii) AWL No. 28–AWL–22, MOV
Actuator—Electrical Design Feature, as
specified in Boeing 737–600/700/700C/800/
900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001–9–04,
Revision January 2017.
(iii) AWL No. 28–AWL–24, Valve MOV
Actuator—Lightning and Fault Current
Protection Electrical Bond, as specified in
Boeing 737–600/700/700C/800/900/900ER
Special Compliance Items/Airworthiness
Limitations, D626A001–9–04, Revision
January 2017.
(2) For airplanes identified in paragraph
(c)(2) of this AD: Prior to or concurrently
with the actions required by paragraph (h)(2)
of this AD, revise the maintenance or
inspection program, as applicable, to add the
AWLs specified in paragraphs (i)(2)(i),
(i)(2)(ii), and (i)(2)(iii) of this AD. The initial
compliance time for accomplishing the
actions required by AWL No. 28–AWL–25 is
within 6 years since the most recent
Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules
14217
specified in figure 3 to paragraph (j)(3) of this
AD.
(4) For airplanes identified in paragraph
(c)(1) of this AD, excluding Model 737–600,
–700, –700C, –800, –900, and –900ER series
airplanes: Within 30 days since the date of
issuance of the original standard
airworthiness certificate or the date of
issuance of the original export certificate of
airworthiness, or within 30 days after the
effective date of this AD, whichever is later,
revise the maintenance or inspection
program, as applicable, by incorporating the
AWL specified in figure 4 to paragraph (j)(4)
of this AD.
EP03AP18.002
airplanes in an operator’s fleet, and within 8
years after the effective date of the AD, revise
the maintenance or inspection program, as
applicable, by incorporating the AWL
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(3) For airplanes identified in paragraph
(c)(3) of this AD: After accomplishing the
actions required by paragraphs (g)(2), (h)(3),
and (i)(3) of this AD, as applicable, on all
14218
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BILLING CODE 4910–13–C
(k) No Alternative Actions, Intervals, and
Critical Design Configuration Control
Limitations (CDCCLs)
(1) After the maintenance or inspection
program has been revised as required by
paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, or
CDCCLs, may be used unless the actions,
intervals, and CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (o) of this AD.
(2) After the maintenance or inspection
program has been revised as required by
paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, or
CDCCLs, may be used unless the actions,
intervals, and CDCCLs are approved as an
alternative method of compliance (AMOC) in
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accordance with the procedures specified in
paragraph (o) of this AD.
(l) Parts Installation Prohibition
(1) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes: As of the
effective date of this AD, no person may
replace an MOV actuator having P/N
MA30A1017 (Boeing P/N S343T003–76) with
an MOV actuator having P/N MA20A2027 or
P/N MA30A1001 (Boeing P/N S343T003–56
or Boeing P/N S343T003–66, respectively) for
the left engine and right engine fuel shutoff
valves.
(2) For airplanes identified in paragraph
(c)(2) of this AD: As of the effective date of
this AD, no person may replace an MOV
actuator having P/N AV–31–1 (Boeing P/N
S343T003–111), P/N MA11A1265 (Boeing P/
N S343T003–14), P/N MA11A1265–1 (Boeing
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P/N S343T003–41), or P/N MA30A1017
(Boeing P/N S343T003–76) with an MOV
actuator having P/N MA30A1001 (Boeing P/
N S343T003–66) or P/N MA20A2027 (Boeing
P/N S343T003–56) for the left engine and
right engine fuel shutoff valves and the APU
fuel shutoff valve.
(3) For airplanes identified in paragraph
(c)(3) of this AD: As of the effective date of
this AD, no person may replace an MOV
actuator having P/N AV–31–1 (Boeing P/N
S343T003–111), P/N MA11A1265 (Boeing P/
N S343T003–14), P/N MA11A1265–1 (Boeing
P/N S343T003–41), or P/N MA30A1017
(Boeing P/N S343T003–76) with an MOV
actuator having P/N MA30A1001 (Boeing P/
N S343T003–66) or P/N MA20A2027 (Boeing
P/N S343T003–56) for the left engine and
right engine fuel shutoff valves and the APU
fuel shutoff valve.
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(4) For airplanes identified in paragraph
(c)(1) of this AD, excluding Model 737–600,
–700, –700C, –800, –900, and –900ER series
airplanes: As of the effective date of this AD,
no person may install an MOV actuator
having P/N MA20A1001–1 (Boeing P/N
S343T003–39) or replace an MOV actuator
with an MOV actuator having P/N
MA20A2027 or P/N MA30A1001 (Boeing
P/N S343T003–56 or Boeing P/N S343T003–
66, respectively) for the left engine and right
engine fuel shutoff valves.
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(m) Terminating Action
(1) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes:
Accomplishing the actions required by
paragraph (j)(l) of this AD terminates the
requirements of paragraph (l)(1) of this AD
and all of the requirements of AD 2015–21–
10.
(2) For airplanes identified in paragraph
(c)(2) of this AD: Accomplishing the action
required by paragraph (j)(2) of this AD
terminates the requirements of paragraph
(l)(2) of this AD and all of the requirements
of AD 2015–19–04.
(3) For airplanes identified in paragraph
(c)(3) of this AD: Accomplishing the action
required by paragraph (j)(3) of this AD
terminates the requirements of paragraph
(l)(3) of this AD and all of the requirements
of AD 2015–21–09.
(4) For airplanes identified in paragraph
(c)(1) of this AD, excluding Model 737–600,
–700, –700C, –800, –900, and –900ER series
airplanes: Accomplishing the action required
by paragraph (j)(4) of this AD terminates the
requirements of paragraph (l)(4) of this AD.
(n) Credit for Previous Actions
(1) This paragraph provides credit for the
actions specified in paragraph (g)(2) or (h)(2)
of this AD, as applicable, if those actions
were performed before the effective date of
this AD using Boeing Special Attention
Service Bulletin 757–28–0138, dated May 18,
2016.
(2) This paragraph provides credit for the
actions specified in paragraph (g)(2) or (h)(3)
of this AD, as applicable, if those actions
were performed before the effective date of
this AD using Boeing Service Bulletin 767–
28–0115, dated September 10, 2015.
(3) For Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes with an
original certificate of airworthiness or
original export certificate of airworthiness
issued on or before the effective date of this
AD, this paragraph provides credit for the
actions specified in paragraph (i)(1) of this
AD if those actions were performed before
the effective date of this AD using Boeing
737–600/700/700C/800/900/900ER Special
Compliance Items/Airworthiness
Limitations, D626A001–9–04, Revision July
2016, or Revision September 2016; or Boeing
737–600/700/700C/800/900/900ER
Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D626A001–CMR, Revision October 2014,
Revision November 2014, Revision January
2015, or Revision April 2016.
(4) For airplanes identified in paragraph
(c)(2) of this AD, this paragraph provides
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14:20 Apr 02, 2018
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credit for the actions specified in paragraph
(i)(2) of this AD if those actions were
performed before the effective date of this AD
using Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, Revision January 2016, or
Revision July 2016.
(5) For airplanes identified in paragraph
(c)(3) of this AD with an original certificate
of airworthiness or original export certificate
of airworthiness issued on or before the
effective date of this AD, this paragraph
provides credit for the actions specified in
paragraph (i)(3) of this AD if those actions
were performed before the effective date of
this AD using Boeing 767 Special
Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision July
2015, Revision March 2016, Revision May
2016, or Revision May 2016 R1.
(6) For airplanes identified in paragraph
(c)(3) of this AD with an original certificate
of airworthiness or original export certificate
of airworthiness issued on or before the
effective date of this AD, this paragraph
provides credit for the actions specified in
paragraph (i)(3)(ii) of this AD if those actions
were performed before the effective date of
this AD using Boeing 767 Special
Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision
October 2014.
(o) 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 (p)(1) of
this AD. Information may be emailed to: 9ANM-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.
(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, Seattle ACO
Branch, 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 (o)(4)(i) and (o)(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
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
14219
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.
(p) Related Information
(1) For more information about this AD,
contact Tak Kobayashi, Aerospace Engineer,
Propulsion Branch, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3553;
email: Takahisa.Kobayashi@faa.gov.
(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: 562–797–1717; 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 206–231–3195.
Issued in Renton, Washington, on March 5,
2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–05028 Filed 4–2–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0064]
RIN 1625–AA08
Special Local Regulations; Sector Ohio
Valley Annual and Recurring Special
Local Regulations Update
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its special local regulations for
recurring marine parades, regattas, and
other events in Coast Guard Sector Ohio
Valley. This rule, if adopted, would add
17 new recurring special local
regulations, remove 9 special local
regulations, and amend the event/
sponsor, dates, and/or regulated areas
for 48 recurring special local regulations
already listed in the current table. This
action in necessary to protect spectators,
participants, and vessels from the
hazards associated with annual marine
SUMMARY:
E:\FR\FM\03APP1.SGM
03APP1
Agencies
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14207-14219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0127; Product Identifier 2016-NM-161-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposal for all The Boeing Company
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes;
Model 757 airplanes; and Model 767 airplanes. This action revises the
notice of proposed rulemaking (NPRM) by adding Model 737-8 airplanes
and future Model 737 airplanes to the applicability. We are proposing
this airworthiness directive (AD) to address the unsafe condition on
these products. Since these actions impose an additional burden over
those proposed in the NPRM, we are reopening the comment period to
allow the public the chance to comment on these changes.
DATES: The comment period for the NPRM published in the Federal
Register on March 9, 2017 (82 FR 13073), is reopened.
We must receive comments on this SNPRM by May 18, 2018.
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 https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
[[Page 14208]]
For service information identified in this SNPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone: 562-797-1717; internet: 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 206-231-3195. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0127.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0127; 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 SNPRM, 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: Tak Kobayashi, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3553; 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-2017-0127;
Product Identifier 2016-NM-161-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this SNPRM. We will consider all
comments received by the closing date and may amend this SNPRM because
of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this SNPRM.
Discussion
We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to all The Boeing Company Model 737-600, -700, -700C, -800,
-900, and -900ER series airplanes; Model 757 airplanes; and Model 767
airplanes. The NPRM published in the Federal Register on March 9, 2017
(82 FR 13073). The NPRM was prompted by reports of latently failed
motor-operated valve (MOV) actuators of the fuel shutoff valves. The
NPRM proposed to require replacing certain MOV actuators of the fuel
shutoff valves for the left and right engines (on all airplanes) and of
the auxiliary power unit (APU) fuel shutoff valve (on Model 757 and
Model 767 airplanes); and revising the maintenance or inspection
program, as applicable, to incorporate certain airworthiness
limitations (AWLs).
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have determined that The Boeing
Company Model 737-8 series airplanes and future Model 737 airplanes are
also subject to the unsafe condition, and therefore it is necessary to
add these airplanes to the applicability.
Model 737-8 airplanes are delivered with the MOV actuator having
part number (P/N) MA30A1017 (Boeing P/N S343T003-76) as the type design
configuration. This is the latest MOV actuator part number currently
available, and that part number addresses the unsafe condition
identified in this SNPRM. Subsequent future Model 737 airplanes are
expected to be certified and delivered with the same MOV actuator part
number. For those future Model 737 airplanes, installation of the MOV
actuator having any earlier part number would not be part of the type
design configuration; such installation will therefore not be allowed.
However, installation of an MOV actuator having an earlier part number
is functionally and physically possible for Model 737-8 airplanes and
potentially for the future Model 737 airplanes, and such installation
could occur in the field by using provisions in FAA Advisory Circular
120-77 or other means.
To avoid such installation that could result in an unsafe airplane
configuration, this SNPRM proposes to require, for Model 737-8
airplanes and subsequent future Model 737 airplanes, incorporation of
an AWL that would prohibit installation of the MOV actuator having
earlier part numbers. Other than the parts installation prohibition, no
maintenance action is associated with the new AWL specified in this
proposed AD. Once the AWL is incorporated into an operator's
maintenance or inspection program, as applicable, the operator is
required to comply with the AWL as specified in 14 CFR 43.16 and
91.403(c). This new proposed AWL (to prohibit the installation of
certain parts) is also proposed for Boeing Model 737-600, -700, -700C,
-800, -900, and -900ER series airplanes; Model 757 series airplanes;
and Model 767 series airplanes.
Revised Service Information
Boeing has revised the service information specified in this SNPRM.
We have revised this proposed AD to specify using the latest revisions
as the appropriate source of service information and to credit the
previous revisions, as follows:
Paragraphs (g)(2) and (h)(2) of this proposed AD specify Boeing
Special Attention Service Bulletin 757-28-0138, Revision 1, dated June
19, 2017. Paragraph (n)(1) of this proposed AD specifies credit for
Boeing Special Attention Service Bulletin 757-28-0138, dated May 18,
2016.
Paragraphs (i)(2)(i), (i)(2)(ii), and (i)(2)(iii) of this proposed
AD specify Boeing 757 Maintenance Planning Data (MPD) Document, Section
9, Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, Revision February 2017. Paragraph
(n)(4) of this proposed AD specifies credit for Boeing 757 Maintenance
Planning Data (MPD) Document, Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D622N001-9,
Revision January 2016, or Revision July 2016.
Comments
We gave the public the opportunity to comment on the NPRM. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Issue Three Separate ADs
United Airlines (UAL) requested that we issue three separate ADs,
one each for Model 737 airplanes, Model 757 airplanes, and Model 767
airplanes, instead of one AD. UAL requested this revision to reduce
complexity and avoid possible confusion.
We do not agree with UAL's request. We have decided to cover Model
737, Model 757, and Model 767 airplanes in this SNPRM. We consider that
the level of complexity of this SNPRM is reasonable and that the
proposed actions are clearly defined. Additionally, to restructure the
AD as requested, would unnecessarily delay the issuance of the final
rule and mitigation of the unsafe condition. We
[[Page 14209]]
have not changed this SNPRM regarding this issue.
Request To Justify Requirement To Install Latest MOV Actuator Part
Number
Japan Airlines (JAL) noted that according to AD 2015-19-03,
Amendment 39-18266 (80 FR 55527, September 16, 2015) (``AD 2015-19-
03''), and AD 2015-21-09, Amendment 39-18302 (80 FR 65121, October 26,
2015) (``AD 2015-21-09''), MOV actuators P/N MA20A2027 and MA30A1001
that are repetitively inspected need not be replaced by P/N MA30A1017.
JAL requested that we provide the reason for mandating the installation
of the latest MOV actuator part number instead of allowing repetitive
inspections. JAL stated that it has never experienced a failure of an
MOV actuator, and it is therefore not necessary to mandate the
replacement of MOV actuators with the latest type if the repetitive
inspections of MOV actuators (required by the ADs referenced by JAL)
are being accomplished daily or every 10 days.
We agree that clarification of the reason for the proposed
installation is necessary. Three ADs were issued to correct latent
failures of the MOV actuator for the left engine and right engine fuel
shutoff valves and for certain airplanes, the auxiliary power unit
(APU) fuel shutoff valve. Those ADs are AD 2015-21-10, Amendment 39-
18303 (80 FR 65130, October 26, 2015) (``AD 2015-21-10''), AD 2015-21-
09, and AD 2015-19-04, Amendment 39-18267 (80 FR 55505, September 16,
2015) (``AD 2015-19-04''). AD 2015-19-03 (referenced by the commenter)
was superseded by AD 2015-21-10. AD 2015-21-10, AD 2015-21-09, and AD
2015-19-04 explained that the repetitive inspections required by the
AWLs were considered to be an interim action to address the unsafe
condition, and that we might consider additional rulemaking once the
modification that would address the unsafe condition was developed.
This proposed AD would require replacement of the specific MOV actuator
part numbers because the installation of the latest MOV actuator part
number would result in a configuration that is fail safe, by
eliminating latent MOV actuator failure modes that would leave the
airplane one failure away from a potential incident or accident.
Without this modification, affected airplanes have a potential of being
dispatched with a failed MOV actuator. In the event of an engine or APU
fire, such a dispatch configuration would allow certain fires to become
uncontrollable. The AWL repetitive inspections only limit the time of
exposure of the airplane configuration dispatched with a failed fuel
shutoff means. Also, repetitive inspections have a potential of
introducing human errors that could result in a failure to detect an
MOV actuator failure or other issues. We have not changed this SNPRM
regarding this issue.
Requests To Terminate Other ADs
Air Canada (ACN), All Nippon Airways (ANA), Delta Airlines (DAL),
the Europe Aviation Safety Agency (EASA), FedEx Express (FedEx),
Pegasus Airlines, UAL, and Southwest Airlines (SWA) requested that we
revise the proposed AD (in the NPRM) to specify that the accomplishment
of the proposed actions would terminate the requirements of AD 2015-19-
04 (for Model 757 airplanes), AD 2015-21-09 (for Model 767 airplanes),
and AD 2015-21-10 (for Model 737 airplanes).
The commenters stated that the three referenced ADs require
incorporation of the AWLs that require repetitive inspections of the
MOV actuators having part number (P/N) MA30A1001 (Boeing P/N S343T003-
66) or MA20A2027 (Boeing P/N S343T003-56). The commenters asserted that
since the proposed AD (in the NPRM) would mandate replacement of those
part numbers with a new part number, the three ADs should be terminated
by the new AD action.
We agree to revise this proposed AD to specify a condition that
would terminate the requirements of AD 2015-19-04, AD 2015-21-09, and
AD 2015-21-10. We have determined that the requirements of those ADs
can be terminated only after the actions required by this proposed AD
are accomplished on all affected airplanes in an operator's fleet. We
consider that the above condition is necessary to ensure the safety of
mixed airplane configurations in an operator's fleet during the
compliance time of this proposed AD.
We also consider that keeping the AWLs mandated by AD 2015-19-04,
AD 2015-21-09, or AD 2015-21-10 in the maintenance or inspection
program, as applicable, until the actions specified by this proposed AD
are accomplished on all affected airplanes in an operator's fleet would
cause no extra burden on operators. The AWLs mandated by AD 2015-19-04,
AD 2015-21-09, or AD 2015-21-10 require repetitive inspections only for
airplanes with MOV actuators having P/N MA30A1001 (Boeing P/N S343T003-
66) or MA20A2027 (Boeing P/N S343T003-56) installed at specific
locations. Once those part numbers are removed from an airplane and
replaced by an acceptable part number, the repetitive inspections
specified in the AWLs do not apply to that airplane.
The condition discussed above will ensure adherence to applicable
requirements during the compliance time of this proposed AD. We also
have determined that an additional means is necessary to protect the
airplanes from installation of the discrepant MOV actuators at certain
locations. This proposed AD would require removal of an MOV actuator
having P/N MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N
S343T003-56) at specific locations. However, it is possible those MOV
actuator part numbers may be re-installed since those part numbers
continue to be available and acceptable for installation at locations
other than those locations addressed by this proposed AD where failures
do not pose a safety concern. To address this concern, we have
determined that the incorporation of a new AWL that would prohibit the
installation of MOV actuators having P/Ns MA30A1001 (Boeing P/N
S343T003-66) and MA20A2027 (Boeing P/N S343T003-56) at specific
locations is necessary.
We have specified the requirement to revise the maintenance or
inspection program, as applicable, to incorporate a new AWL in
paragraph (j) of this proposed AD. This action must be accomplished
after the accomplishment of the actions required by paragraphs (g),
(h), and (i) of this proposed AD, as applicable, on all affected
airplanes in an operator's fleet and before the end of the compliance
time of this proposed AD. Other than the parts installation
prohibition, no maintenance action is associated with the new AWL. We
have also added paragraph (m) in this proposed AD to specify that
incorporation of the applicable AWL into the maintenance or inspection
program, as applicable, would terminate certain requirements of AD
2015-19-04, AD 2015-21-09, and AD 2015-21-10. We have moved the content
of paragraph (m) of this proposed AD (in the NPRM) to paragraph (p) of
this proposed AD.
Request To Identify Acceptable Replacement MOV Actuator Part Numbers
ANA, Boeing, DAL, DHL Express (DHL), FedEx, and UAL requested that
we revise paragraphs (h)(2) and (h)(3) of the proposed AD (in the NPRM)
to add MOV actuators having P/Ns AV-31-1, MA11A1265, and MA11A1265-1
(Boeing P/N S343T003-111, S343T003-
[[Page 14210]]
14, and S343T003-41) as acceptable replacements. The commenters stated
that the service information specified in paragraphs (h)(2) and (h)(3)
of the proposed AD (in the NPRM) identifies these MOV actuators as
acceptable replacements.
We agree with the commenters' request to identify additional MOV
actuator part numbers that are acceptable to be used as replacement
parts, with the following clarification. For Model 757 airplanes, MOV
actuator P/N MA11A1265 (Boeing P/N S343T003-14) is acceptable as
installed on the delivered airplanes, but that part number is not
allowed to be used as a replacement for other part numbers as
instructed in the service information specified in this proposed AD.
The use of MOV actuator P/N MA11A1265 (Boeing P/N S343T003-14) to
replace other part numbers is allowed for Model 767 airplanes, but not
for Model 757 airplanes. We have revised paragraphs (h)(2) and (h)(3)
of this proposed AD accordingly.
Request To Specify Differences Between Proposed Requirements and
Service Information
DAL noted that the NPRM referred to ``Differences Between this
Proposed AD and the Service Information,'' but such a section was not
in the NPRM. DAL requested that we add a section that discusses the
differences between the proposed AD (in the NPRM) and the service
information specified in the NPRM. DAL explained one key difference:
the alternative acceptable MOV actuator part numbers that are specified
in the service information for Model 757 and Model 767 airplanes are
not specified in the proposed AD.
We partially agree with DAL's request. The NPRM inadvertently
referred to an unnecessary section that was not included in the NPRM.
Furthermore, we did not intend to differ with the service information
in regards to the additional MOV actuator part numbers specified in the
service information for Model 757 and Model 767 airplanes. As stated
previously, we have revised paragraphs (h)(2) and (h)(3) of this
proposed AD to allow the additional part numbers.
Request To Reduce Compliance Time
Air Line Pilots Association, International (ALPA) stated that
operators have had ample time to prepare scheduling and maintenance
activities to address the safety concern in a more efficient time frame
than the proposed compliance time of 8 years.
We infer that ALPA wants us to reduce the compliance time, however,
they did not identify a proposed compliance time. We have evaluated the
level of safety and also the mitigation provided by the airworthiness
limitations mandated by AD 2015-19-04, AD 2015-21-09, and AD 2015-21-
10. We have determined that the 8-year compliance time is adequate to
address the identified unsafe condition. We have not changed this
proposed AD regarding this issue.
Request To Permit MOV Actuator Part Numbers Developed in the Future
SWA requested that we revise paragraph (h)(1) of the proposed AD
(in the NPRM) to permit MOV actuators having part numbers approved in
the future. SWA stated that this would reduce requests for approval of
an alternative method of compliance (AMOC).
We disagree with SWA's request. Paragraphs (h)(l), (h)(2), and
(h)(3) of the proposed AD (in the NPRM) did not allow the installation
of new MOV actuator part numbers that could be made available in the
future. During the installation of the MOV actuator, it is critical to
ensure that the MOV actuator is properly bonded to the structure to
prevent the development of an ignition source inside the fuel tank due
to fault current or lightning strike. To ensure proper installation of
a future MOV actuator part number, we would have to require in the AD
that a future MOV actuator part number would be installed in accordance
with applicable installation instructions. Since applicable
installation instructions for a future MOV actuator part number do not
exist, and we cannot incorporate instructions which do not exist in an
AD, we cannot allow the installation of future MOV actuator part
numbers in the proposed AD. However, operators may request an AMOC in
accordance with paragraph (o) of this proposed AD to allow installation
of MOV actuators approved in the future. We have made no further change
to paragraphs (h)(1), (h)(2), and (h)(3) of this proposed AD in this
regard.
Request To Use Serviceable Parts
DAL requested that we allow installation of serviceable parts as
well as new parts. DAL stated that the service information specifies
only new parts.
We agree with DAL's request. The installation of serviceable parts
meets the intent of the AD and addresses the unsafe condition. We have
revised paragraphs (h)(1), (h)(2), and (h)(3) of this proposed AD to
specify that installation of serviceable parts is acceptable.
Request To Revise Parts Installation Prohibition
ANA and UAL requested that we revise paragraph (j) of the proposed
AD (in the NPRM) by adding alternative MOV actuator P/Ns AV-31-1,
MA11A1265, and MA11A1265-1 (Boeing P/N S343T003-111, S343T003-14, and
S343T003-41, respectively), if those alternative part numbers are
allowed under paragraphs (h)(2) and (h)(3) of the proposed AD (in the
NPRM). ANA also suggested changing the wording ``fuel shutoff valves''
to ``left and right engine fuel shutoff valves'' in paragraph (j) of
the proposed AD (in the NPRM) to eliminate ambiguity, since Model 767
airplanes have several fuel shutoff valves. The commenters stated that
if the alternative part numbers are allowed for installation under
paragraphs (h)(2) and (h)(3) of the proposed AD (in the NPRM),
paragraph (j) of the proposed AD (in the NPRM) should prohibit the
replacement of those alternative part numbers with MOV actuators having
P/N MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N
S343T003-56).
We agree with the commenters' requests. Those alternative MOV
actuators are acceptable for Model 757 and Model 767 airplanes and
should not be replaced by MOV actuators having P/N MA30A1001 (Boeing P/
N S343T003-66) or MA20A2027 (Boeing P/N S343T003-56) after the
effective date of the AD. The parts installation prohibition specified
in paragraph (j) of proposed AD (in the NPRM) corresponds with the
parts installation prohibitions specified in paragraphs (l)(1) through
(1)(4) of this proposed AD, which identify affected part numbers for
the airplanes identified in those paragraphs. The parts installation
prohibition for Model 757 and Model 767 airplanes is specified in
paragraphs (l)(2) and (l)(3) of this proposed AD, and additional MOV
actuator part numbers are identified in those paragraphs as requested
by the commenters. We also added ``for the left engine and right engine
fuel shutoff valves'' in paragraphs (l)(1) through (l)(4) of this
proposed AD.
Request To Refer to Previously Released Service Information
Boeing requested that we revise the proposed AD (in the NPRM) to
refer to previously released service information that provides
instructions to replace a specific older MOV actuator part number.
Boeing stated that note 2 to paragraph (h)(2) of the proposed AD (in
the NPRM) informs an operator that it
[[Page 14211]]
can use Boeing Special Attention Service Bulletin 757-28-0138, dated
May 18, 2016, to replace MOV actuators having P/N MA20A1001-1 (Boeing
P/N S343T003-39). Boeing explained that Boeing Alert Service Bulletin
757-28-0088, dated January 25, 2007, which has been mandated by AD
2008-06-03, Amendment 39-15415 (73 FR 13081, March 12, 2008) (``AD
2008-06-03''), has instructions to replace MOV actuators having P/N
MA20A1001-1 (Boeing P/N S343T003-39) with MOV actuators having P/N
MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N S343T003-
56). Boeing stated that the previously released service bulletins are
the type design to make the part change and should be referenced.
We do not agree with Boeing's request to add a reference to Boeing
Alert Service Bulletin 757-28A0088, dated January 25, 2007, or Boeing
Alert Service Bulletin 737-28A1207, dated February 15, 2007, both of
which are mandated by AD 2008-06-03; or Boeing Alert Service Bulletin
767-28A0090, dated July 3, 2008, which is mandated by AD 2009-22-13,
Amendment 39-16066 (74 FR 55755, October 29, 2009). We infer that
Boeing was expressing its concern that if an MOV actuator having P/N
MA20A1001-1 (Boeing P/N S343T003-39) is found, that part number must be
replaced by an MOV actuator having P/N MA30A1001 (Boeing P/N S343T003-
66) or MA20A2027 (Boeing P/N S343T003-56) in accordance with those
previously released service bulletins as an approved change to the type
design. Then, an MOV actuator having P/N MA30A1001 (Boeing P/N
S343T003-66) or MA20A2027 (Boeing P/N S343T003-56) must be replaced by
an MOV actuator having an acceptable part number in accordance with the
service information mandated by this proposed AD as an approved change
to the type design.
We consider it unnecessary to add a reference to Boeing Alert
Service Bulletin 757-28A0088, dated January 25, 2007; Boeing Alert
Service Bulletin 737-28A1207, dated February 15, 2007; or Boeing Alert
Service Bulletin 767-8A0090, dated July 3, 2008. The type design change
provided by the previously released service information discussed above
is addressed under AD 2008-06-03 and AD 2009-22-13, and incorporation
of that type design change should have been completed for airplanes
affected by those two ADs. In addition, this proposed AD covers the
airplanes affected by AD 2008-06-03 and AD 2009-22-13 as well as those
that are not. The notes to paragraphs (h)(1) and (h)(2) of the proposed
AD (in the NPRM) were intended to clarify that operators can use
service bulletins mandated by paragraphs (h)(1) and (h)(2) of this
proposed AD to remove MOV actuators having P/N MA20A1001-1 (Boeing P/N
S343T003-39) and replace that part number with acceptable MOV actuator
part numbers since those service bulletins do not specifically address
removal of MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-
39). The service information mandated by paragraph (h)(3) of this
proposed AD for Model 767 airplanes addresses removal of MOV actuators
having P/N MA20A1001-1 (Boeing P/N S343T003-39). We have revised this
proposed AD by including the text from the notes to paragraphs (h)(1),
(h)(2), and (h)(3) of the proposed AD (in the NPRM) in the regulatory
text of their respective paragraphs in this proposed AD.
Request for Clarification Regarding Certain MOV Actuator Part Number
Removal
DAL requested that we clarify whether the proposed AD (in the NPRM)
would require removal of an MOV actuator having P/N MA20A1001-1 (Boeing
P/N S343T003-39). DAL stated that the notes to paragraphs (h)(1),
(h)(2), and (h)(3) of the proposed AD (in the NPRM) mention removal of
MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39), but
removal would not be mandated in the proposed AD (in the NPRM).
We agree that clarification is necessary. Removal of MOV actuators
having P/N MA20A1001-1 (Boeing P/N S343T003-39) has been mandated by AD
2008-06-03 for certain Model 737 and Model 757 airplanes and by AD
2009-22-13 for certain Model 767 airplanes. Those ADs did not cover
airplanes delivered with a later MOV actuator part number. However, for
those airplanes not affected by the earlier ADs, the FAA discovered the
potential for operators to install MOV actuators having P/N MA20A1001-1
(Boeing P/N 343T003-39) since there was no obvious prohibition of such
installation, other than the manufacturer's proprietary drawings that
would prohibit the installation. To address this issue, we issued AD
2016-04-20, Amendment 39-18414 (81 FR 10460, March 1, 2016) (``AD 2016-
04-20''), to prohibit the installation of MOV actuators having P/N
MA20A1001-1 (Boeing P/N S343T003-39) on all affected models including
future delivery airplanes. For airplanes affected by AD 2008-06-03 or
AD 2009-22-13, we consider that it is unlikely to find MOV actuators
having P/N MA20A1001-1 (Boeing P/N S343T003-39) installed, since such
an installation would violate the AD requirements. For airplanes not
affected by those earlier ADs, there is a chance to find that part
number installed. In such a case, the service information specified in
paragraph (h)(1), (h)(2), or (h)(3) of this proposed AD may be used to
remove an MOV actuator having P/N MA20A1001-1 (Boeing P/N S343T003-39)
and replace it with an acceptable MOV actuator part number. We have
revised paragraph (h) of this proposed AD to clarify the use of that
service information relative to the removal of MOV actuators with P/N
MA20A1001-1 (Boeing P/N S343T003-39). No other changes were made to
this proposed AD regarding this issue.
Request for Part Number Clarification
SunExpress Airlines (SXS) stated that paragraph (h) of AD 2016-04-
20 requires the replacement of an MOV actuator having P/N MA20A1001-1
(Boeing P/N S343T003-39) with a different serviceable, FAA-approved MOV
actuator. SXS asserted that this requirement would conflict with
paragraph (h) of the proposed AD (in the NPRM) since MOV actuators
having P/N MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N
S343T003-56) are required to be removed by paragraph (h) of the
proposed AD (in the NPRM) while those part numbers could be allowed for
installation under paragraph (h) of AD 2016-04-20.
We infer that SXS is requesting part number clarification. There is
no conflict between paragraph (h) of AD 2016-04-20 and paragraph (h) of
this proposed AD. Paragraph (h) of AD 2016-04-20 requires removal of
MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39).
Paragraph (h) of this proposed AD would require removal of MOV
actuators having P/N MA20A1001 (Boeing P/N S343T003-66) or MA20A2027
(Boeing P/N S343T003-56). The operators would comply with both
paragraph (h) of AD 2016-04-20 and paragraph (h) of this proposed AD by
removing MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39),
MA30A1001 (Boeing P/N S343T003-66), and MA20A2027 (Boeing P/N S343T003-
56), and replacing those part numbers with an acceptable MOV actuator
part number, such as P/N MA30A1017 (Boeing P/N S343T003-76).
We agree that AD 2016-04-20 does not specifically prohibit the
installation of MOV actuators having P/N MA30A1001 or P/N MA20A2027.
This
[[Page 14212]]
proposed AD includes more specific provisions that would prohibit the
installation of certain MOV actuators, including those having P/N
MA30A1001 and P/N MA20A2027, in place of certain other MOV actuators.
While there is no conflict between the requirements in this proposed AD
and AD 2016-04-20, we acknowledge that this proposed AD includes those
more specific provisions. We have not changed this proposed AD
regarding this issue.
Request To Mandate a Fuel Leak Check
UAL suggested that we revise the proposed AD (in the NPRM) to
mandate a fuel leak check of the engine fuel shutoff valves per the
applicable aircraft maintenance manual (AMM) during the modification
specified in paragraphs (h)(1), (h)(2), and (h)(3) of the proposed AD
(in the NPRM).
We do not agree with UAL's request. We consider that operators
would perform pertinent functional or operational checks recommended in
the AMM during the modification specified in paragraphs (h)(1), (h)(2),
and (h)(3) of this proposed AD, as operators would typically perform
during maintenance activities. We consider that proper installation
would be ensured even if a fuel leak check of the engine fuel shutoff
valves would not be specifically mandated by this proposed AD. We have
not changed this proposed AD regarding this issue.
Request To Clarify Compliance Time in Paragraph (i)(1) of the Proposed
AD
SWA requested that we clarify the initial compliance time specified
under paragraph (i)(1) of the proposed AD (in the NPRM): 6 years from
``the previous'' inspection.
We agree to provide clarification, as well as a change to paragraph
(i)(1) of this proposed AD. The initial compliance time (in the NPRM)
was based on the assumption that the inspection specified in AWL No.
28-AWL-24 for Model 737-600, -700, -700C, -800, -900, and -900ER
airplanes would have been accomplished at least once on all affected
airplanes before the effective date of the AD.
However, we determined this assumption to be incorrect.
Incorporation of AWL No. 28-AWL-24 is mandated by paragraph (h)(1) of
AD 2008-06-03. This action is required to be done concurrently with the
actions specified in paragraph (g) of AD 2008-06-03. The actions
required by paragraphs (g) and (h)(1) of AD 2008-06-03 should have been
accomplished on all affected airplanes before April 16, 2013. But the
inspection specified in AWL No. 28-AWL-24 is not due until six years
after the accomplishment of Boeing Alert Service Bulletin 737-28A1207,
dated February 15, 2007, as mandated by paragraph (g) of AD 2008-06-03,
or Boeing Service Bulletin 737-28A1207, Revision 1, dated April 19,
2010, which was approved as an AMOC to paragraph (g) of AD 2008-06-03.
Therefore, accomplishment of the inspection specified in AWL No. 28-
AWL-24 may not occur on all affected airplanes prior to April 16, 2019,
which is six years after all affected airplanes would had to have
accomplished the actions of AD 2008-06-03, as discussed above. Thus, a
``previous inspection'' may not have occurred on certain affected
airplanes.
We have therefore revised paragraph (i)(1) of this proposed AD to
specify that the initial compliance time for accomplishing the actions
required by AWL No. 28-AWL-24 is within 6 years since the most recent
inspection was performed in accordance with AWL No. 28-AWL-24, or
within 6 years since the accomplishment of the actions specified in
Boeing Alert Service Bulletin 737-28A1207, dated February 15, 2007,
whichever occurs later. We have revised paragraph (i)(2) of this
proposed AD in a similar manner to address the same issue associated
with AWL No. 28-AWL-25 for Model 757 airplanes.
Request To Delete 30-Day Compliance Time in Paragraph (i)(1) of the
Proposed AD
EASA suggested that we delete the grace period (``or within 30 days
after the effective date of this AD, whichever is later'') from
paragraph (i)(1) of the proposed AD (in the NPRM). EASA stated that
this compliance time is unnecessary since a time ``prior to or
concurrently with the actions required by paragraph (h)(1)'' will
always be later than ``within 30 days'' after the effective date. EASA
also noted that the 30-day compliance time does not appear in
paragraphs (i)(2) and (i)(3) of the proposed AD (in the NPRM).
We do not agree with EASA's request. When we approved Boeing
Service Bulletin 737-28-1314, dated November 17, 2014, which is
referenced in paragraphs (g)(1) and (h)(1) of this proposed AD, we did
not require incorporation of applicable AWLs into the maintenance or
inspection program as part of the service information approval.
Therefore, operators who have already accomplished Boeing Service
Bulletin 737-28-1314, dated November 17, 2014, may not have
incorporated applicable AWLs that are provided in Section 9 of the
Maintenance Planning Data (MPD) Document or Special Compliance Items
and Airworthiness Limitations (SCI/AWL) document at the revision levels
specified in paragraph (i)(1) or (n)(3) of this proposed AD (paragraph
(i)(1) or (k)(2), respectively, of the proposed AD (in the NPRM)). For
such operators, paragraph (i)(1) of this proposed AD provides a grace
period of 30 days for incorporation of applicable AWLs into their
maintenance or inspection program, as applicable. When we approved
Boeing Special Attention Service Bulletin 757-28-0138, dated May 18,
2016, and Revision 1, dated June 19, 2017, and Boeing Service Bulletin
767-28-0115, dated September 10, 2015, and Revision 1, dated June 2,
2016, we required incorporation of applicable AWLs as part of AMOC
approval for AD 2008-06-03 (Model 757) and AD 2009-22-13 (Model 767).
This requirement is specified in the Approval section of those service
bulletins. Therefore, any operator who has accomplished any of those
service bulletins prior to the effective date of the AD should have
already incorporated applicable AWLs into their maintenance or
inspection program, and it is unnecessary to have a grace period in
paragraphs (i)(2) and (i)(3) of this proposed AD. We have not changed
this proposed AD regarding this issue.
Request To Use Later-Approved Service Information
ANA requested that we revise paragraph (i) of the proposed AD (in
the NPRM) to allow operators to use a later revision of the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness: Section 9 of the Boeing Maintenance Planning Data (MPD)
Document or Boeing SCI/AWL document.
We do not agree with ANA's request. We cannot use the phrase ``or
later FAA-approved revisions,'' in an AD when referring to the service
document because doing so violates Office of the Federal Register (OFR)
regulations for approval of materials incorporated by reference (see 1
CFR 51.1(f)). We are required to either publish the service document
contents as part of the actual (regulatory) AD language; or submit the
service document to the OFR for approval as referenced material, in
which case we may only refer to such material in the text of an AD. The
AD may refer to the service document only if the OFR approved it for
incorporation by reference. To allow operators to use later revisions
of the referenced document (issued after publication of the AD), either
we must revise this proposed AD to refer to specific later
[[Page 14213]]
revisions, or operators must request approval to use later revisions as
an AMOC to this AD under the provisions of paragraph (o) of this
proposed AD. We have not changed this proposed AD regarding this issue.
Request To Limit Applicability
DAL, Solaseed Air, and SWA requested that we clarify paragraph
(i)(1) of the proposed AD (in the NPRM), or that we revise that
paragraph to limit the affected airplanes. The commenters stated that
AWL No. 28-AWL-24, specified under paragraph (i)(1)(iii) of the
proposed AD (in the NPRM), is limited to line numbers 1 through 1980
and 1982, but paragraph (i)(1) of the proposed AD (in the NPRM) would
require incorporation of this specific AWL for all airplanes identified
in paragraph (c)(1) of the proposed AD (in the NPRM). SWA also stated
that the effectivity of AWL No. 28-AWL-22 is defined by MOV actuator
part numbers.
We agree that clarification is necessary. Paragraph (i) of this
proposed AD would not require compliance with the AWLs specified in
that paragraph. Instead, paragraph (i) of this proposed AD would
require the operators to revise their maintenance or inspection
program, as applicable, by incorporating those AWLs. Once the AWLs are
incorporated into the maintenance or inspection program, compliance
with the AWLs is required by 14 CFR 43.16 and 91.403(c). The
effectivity of each AWL is specified in the Applicability section of
the AWL. AWL No. 28-AWL-24, required by paragraph (i)(1)(iii) of this
proposed AD, applies to line numbers 1 through 1980 and 1982. For any
airplane outside this applicability, there is no maintenance action
associated with this specific AWL. Therefore, we consider that
incorporation of AWL No. 28-AWL-24 as specified by paragraph
(i)(1)(iii) of this proposed AD does not impose an extra burden on
operators. Furthermore, incorporation of AWL No. 28-AWL-24 would invoke
appropriate maintenance actions if an operator acquires an airplane in
the future that falls under the effectivity of that AWL. Because of
those reasons, we disagree to limit the airplanes affected by paragraph
(i)(1) of this proposed AD.
Regarding AWL No. 28-AWL-22 mentioned by SWA, the AWL applies to
all Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes, but the conditions specified in this AWL must be met by the
MOV actuator part numbers specified in the applicability note. For the
same rationale as noted above, we have not changed this proposed AD
regarding this issue.
Request for Part Intermix Credit
SXS requested that we add credit for intermixed part usage until
the AD compliance due date. SXS stated that within the 8-year
compliance time, the new MOV actuators may be installed at affected
locations while the MOV actuators that are to be removed remain
installed at other affected locations.
We infer that SXS is requesting us to clarify the intermixed part
usage during the AD compliance time. We agree to provide clarification
regarding this matter. Operators may install acceptable MOV actuators
having part numbers specified in paragraph (h) of this proposed AD at
any affected locations while keeping MOV actuators having P/N MA30A1001
(Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N S343T003-56)
installed at other affected locations during the AD compliance time.
However, for airplanes with this intermixed part configuration, credit
is not allowed for compliance with paragraph (h) of this proposed AD.
Credit for compliance with paragraph (h) of this proposed AD can be
taken only after the installation of acceptable MOV actuator part
numbers at all affected locations specified in paragraph (h) of this
proposed AD. Furthermore, once an acceptable MOV actuator part number
is installed at any affected location, paragraph (l) of this proposed
AD would prohibit the replacement of that MOV actuator part number with
an MOV actuator having P/N MA30A1001 (Boeing P/N S343T003-66) or
MA20A2027 (Boeing P/N S343T003-56). We have not changed this proposed
AD regarding this issue.
Request To Specify Earlier Service Information and New Service
Information
Boeing requested that we revise paragraph (k)(2) of the proposed AD
(in the NPRM) to refer to all previously released MPD Documents and
SCIs that include the AWLs listed in paragraph (i)(1) of the proposed
AD (in the NPRM). The commenter stated that the current list misses the
most recent SCI/AWL revision, Revision September 2016. The commenter
also stated that a new SCI/AWL revision is in work and should be
referenced in the AD.
We partially agree with Boeing's requests. Revision September 2016
was the latest revision at the time the NPRM was published. Therefore,
it was identified under paragraphs (i)(1)(i), (i)(1)(ii), and
(i)(1)(iii), instead of paragraph (k)(2), of the proposed AD (in the
NPRM). Paragraph (k)(2) of the proposed AD (in the NPRM) identified all
acceptable earlier revisions at the time the NPRM was published.
Since the publication of the NPRM, Boeing released a new SCI/AWL
revision: Boeing 737-600/700/700C/800/900/900ER Special Compliance
Items/Airworthiness Limitations, D626A001-9-04, Revision January 2017.
We have revised paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of
this proposed AD to identify this latest revision, and provided credit
for Boeing 737-600/700/700C/800/900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001-9-04, Revision September 2016, in
paragraph (n)(3) of this proposed AD (which was paragraph (k)(2) of the
proposed AD (in the NPRM)).
Request To Revise Paragraph References
UAL requested that we revise paragraph (k)(4) of the proposed AD
(in the NPRM) to refer to paragraph (i)(3)(i) of the proposed AD (in
the NPRM), instead of paragraph (i)(3) of the proposed AD (in the
NPRM). UAL also suggested that we revise paragraph (k)(5) of the
proposed AD (in the NPRM) to add credit for the revisions of the SCI/
AWL document that are identified in paragraph (k)(4) of the proposed AD
(in the NPRM).
We do not agree with UAL's requests. Paragraph (n)(5) of this
proposed AD (which was paragraph (k)(4) in the proposed AD (in the
NPRM)) refers to paragraph (i)(3) of this proposed AD, which includes
paragraphs (i)(3)(i) and (i)(3)(ii) of this proposed AD. The revisions
of the SCI/AWL document that the commenter requested to be added under
paragraph (n)(6) of this proposed AD (which was paragraph (k)(5) in the
proposed AD (in the NPRM)) are already identified in paragraph (n)(5)
of this proposed AD as credit for the AWL identified in paragraph
(i)(3)(ii) of this proposed AD. Paragraph (n)(6) of this proposed AD
identifies an additional revision of the SCI/AWL document that is
acceptable for the AWL required by paragraph (i)(3)(ii) of this
proposed AD. We have not changed this proposed AD regarding this issue.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST00830SE, ST01518SE, or
ST01920SE does not affect the accomplishment of the manufacturer's
service instructions.
We agree that STC ST00830SE, ST01518SE, or ST01920SE does not
affect the accomplishment of the manufacturer's service instructions.
[[Page 14214]]
Therefore, the installation of STC ST00830SE, ST01518SE, or ST01920SE
does not affect the ability to accomplish the actions that would be
required by this proposed AD. We have not changed this proposed AD
regarding this issue.
Related Service Information Under 1 CFR Part 51
We reviewed the following service information.
Boeing Service Bulletin 737-28-1314, dated November 17,
2014, describes procedures for installing new MOV actuators of the fuel
shutoff valves for the left and right engines on Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes.
Boeing 737-600/700/700C/800/900/900ER Special Compliance
Items/Airworthiness Limitations, D626A001-9-04, Revision January 2017,
describes AWLs for fuel tank ignition prevention on Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes.
Boeing Special Attention Service Bulletin 757-28-0138,
Revision 1, dated June 19, 2017, describes procedures for installing
new MOV actuators of the fuel shutoff valves for the left and right
engines, and of the APU fuel shutoff valve, on Model 757 airplanes.
Boeing 757 Maintenance Planning Data (MPD) Document,
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, Revision February 2017,
describes AWLs for fuel tank ignition prevention on Model 757
airplanes.
Boeing Service Bulletin 767-28-0115, Revision 1, dated
June 2, 2016, describes procedures for installing new MOV actuators of
the fuel shutoff valves for the left and right engines, and of the APU
fuel shutoff valve, on Model 767 airplanes.
Boeing 767 Special Compliance Items/Airworthiness
Limitations, D622T001-9-04, Revision June 2016, describes AWLs for fuel
tank ignition prevention on Model 767 airplanes.
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
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 designs.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.
Proposed Requirements of This Proposed AD
This proposed AD would require accomplishing the actions specified
in the service information described previously.
This proposed AD would also provide terminating action for all
certain actions required by AD 2015-19-04, AD 2015-21-09, and AD 2015-
21-10, as explained above, under ``Requests to Terminate Other ADs.''
This proposed AD would also require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions would be required by 14 CFR 43.16 and
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this proposed AD, the operator
may not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according to
paragraph (o) of this proposed AD. The request should include a
description of changes to the required inspections that will ensure the
continued operational safety of the airplane.
Costs of Compliance
We estimate that this proposed AD affects 2,574 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement Up to 6 work- Up to $12,000....... Up to $12,510....... Up to $18,014,400.
Model 737 (1,440 airplanes). hours x $85
per hour = Up
to $510.
Inspection and replacement Up to 9 work- Up to $18,000....... Up to $18,765....... Up to $12,666,375.
Model 757 (675 airplanes). hours x $85
per hour = Up
to $765.
Inspection and replacement Up to 9 work- Up to $18,000....... Up to $18,765....... Up to $8,294,130.
Model 767 (442 airplanes). hours x $85
per hour = Up
to $765.
Maintenance or inspection 1 work-hour x $0.................. $85................. $218,790.
program revision (2,574 $85 per hour =
airplanes). $85.
----------------------------------------------------------------------------------------------------------------
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
[[Page 14215]]
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-2017-0127; Product Identifier
2016-NM-161-AD.
(a) Comments Due Date
We must receive comments by May 18, 2018.
(b) Affected ADs
This AD affects AD 2015-21-09, Amendment 39-18302 (80 FR 65121,
October 26, 2015) (``AD 2015-21-09''); AD 2015-19-04, Amendment 39-
18267, (80 FR 55505, September 16, 2015) (``AD 2015-19-04''); and AD
2015-21-10, Amendment 39-18303 (80 FR 65130, October 26, 2015) (``AD
2015-21-10'').
(c) Applicability
This AD applies to all The Boeing Company airplanes,
certificated in any category, identified in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD.
(1) Model 737 series airplanes, excluding Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes.
(2) Model 757-200, -200PF, -200CB, and -300 series airplanes.
(3) Model 767-200, -300, -300F, and -400ER series airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 28; Fuel.
(e) Unsafe Condition
This AD was prompted by reports of latently failed motor-
operated valve (MOV) actuators of the fuel shutoff valves. We are
issuing this AD to prevent a latent failure of the actuator for the
engine or auxiliary power unit (APU) fuel shutoff valves, which
could result in the inability to shut off fuel to the engine or the
APU, and, in case of certain engine or APU fires, could result in
structural failure.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection To Determine Part Number (P/N)
(1) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes: Within 8 years after the effective date of this
AD, do an inspection to determine the part numbers of the MOV
actuators of the fuel shutoff valves for the left and right engines,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-28-1314, dated November 17, 2014. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number of the MOV actuator at each location can be conclusively
determined from that review.
(2) For airplanes identified in paragraphs (c)(2) and (c)(3) of
this AD: Within 8 years after the effective date of this AD, do an
inspection to determine the part numbers of the MOV actuators of the
fuel shutoff valves for the left and right engines, and of the APU
fuel shutoff valve, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-28-
0138, Revision 1, dated June 19, 2017 (``SB 757-28-0138 R1''); or
Boeing Service Bulletin 767-28-0115, Revision 1, dated June 2, 2016
(``SB 767-28-0115 R1''); as applicable. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number of the MOV actuator at each location can be conclusively
determined from that review.
(h) Replacement
(1) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes on which any MOV actuator having P/N MA20A2027 or
P/N MA30A1001 (Boeing P/N S343T003-56 or Boeing P/N S343T003-66,
respectively), is found during the inspection required by paragraph
(g)(1) of this AD: Within 8 years after the effective date of this
AD, replace each affected MOV actuator with an MOV actuator having
P/N MA30A1017 (Boeing P/N S343T003-76), in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-28-1314,
dated November 17, 2014. Where Boeing Service Bulletin 737-28-1314,
dated November 17, 2014, specifies the installation of a new MOV
actuator, this AD allows the installation of a new or serviceable
MOV actuator. While not required by this AD, the Accomplishment
Instructions specified in Boeing Service Bulletin 737-28-1314, dated
November 17, 2014, for replacing MOV actuators having Boeing P/N
S343T003-66 or Boeing P/N S343T003-56 may be used for replacing MOV
actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39).
(2) For airplanes identified in paragraph (c)(2) of this AD on
which any MOV actuator having P/N MA20A2027 or P/N MA30A1001 (Boeing
P/N S343T003-56 or Boeing P/N S343T003-66, respectively) is found
during the inspection required by paragraph (g)(2) of this AD:
Within 8 years after the effective date of this AD, replace each
affected MOV actuator with an MOV actuator having P/N MA30A1017
(Boeing P/N S343T003-76), P/N AV-31-1 (Boeing P/N S343T003-111), or
P/N MA11A1265-1 (Boeing P/N S343T003-41), in accordance with the
Accomplishment Instructions of SB 757-28-0138 R1. Where SB 757-28-
0138 R1, specifies the installation of a new MOV actuator, this AD
allows the installation of a new or serviceable MOV actuator. While
not required by this AD, the Accomplishment Instructions specified
in SB 757-28-0138 R1 for replacing MOV actuators having Boeing P/N
S343T003-66 or Boeing P/N S343T003-56 may be used for replacing MOV
actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39).
(3) For airplanes identified in paragraph (c)(3) of this AD on
which any MOV actuator having P/N MA20A2027 (Boeing P/N S343T003-56)
or P/N MA30A1001 (Boeing P/N S343T003-66) is found during the
inspection required by paragraph (g)(2) of this AD: Within 8 years
after the effective date of this AD, replace each affected MOV
actuator with an MOV actuator having P/N MA30A1017 (Boeing P/N
S343T003-76), P/N AV-31-1 (Boeing P/N S343T003-111), P/N MA11A1265
(Boeing P/N S343T003-14), or P/N MA11A1265-1 (Boeing P/N S343T003-
41), in accordance with the Accomplishment Instructions of SB 767-
28-0115 R1. Where SB 767-28-0115 R1, specifies the installation of a
new MOV actuator, this AD allows the installation of a new or
serviceable MOV actuator. While not required by this AD, the
Accomplishment Instructions specified in SB 767-28-0115 R1, for
replacing MOV actuators having Boeing P/N S343T003-66 or Boeing P/N
S343T003-56 may be used for replacing MOV actuators having P/N
MA20A1001-1 (Boeing P/N S343T003-39).
(i) Maintenance or Inspection Program Revision
(1) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before the
effective date of this AD: Prior to or concurrently with the actions
required by paragraph (h)(1) of this AD or within 30 days after the
effective date of this AD, whichever is later, revise the
maintenance or inspection program, as applicable, to add the
airworthiness limitations (AWLs) specified in paragraphs (i)(1)(i),
(i)(1)(ii), and (i)(1)(iii) of this AD. The initial compliance time
for accomplishing the actions required by AWL No. 28-AWL-24 is
within 6 years since the most recent inspection was performed in
[[Page 14216]]
accordance with AWL No. 28-AWL-24, or within 6 years since the
actions specified in Boeing Alert Service Bulletin 737-28A1207 were
accomplished, whichever is later.
(i) AWL No. 28-AWL-21, MOV Actuator--Lightning and Fault Current
Protection Electrical Bond, as specified in Boeing 737-600/700/700C/
800/900/900ER Special Compliance Items/Airworthiness Limitations,
D626A001-9-04, Revision January 2017.
(ii) AWL No. 28-AWL-22, MOV Actuator--Electrical Design Feature,
as specified in Boeing 737-600/700/700C/800/900/900ER Special
Compliance Items/Airworthiness Limitations, D626A001-9-04, Revision
January 2017.
(iii) AWL No. 28-AWL-24, Valve MOV Actuator--Lightning and Fault
Current Protection Electrical Bond, as specified in Boeing 737-600/
700/700C/800/900/900ER Special Compliance Items/Airworthiness
Limitations, D626A001-9-04, Revision January 2017.
(2) For airplanes identified in paragraph (c)(2) of this AD:
Prior to or concurrently with the actions required by paragraph
(h)(2) of this AD, revise the maintenance or inspection program, as
applicable, to add the AWLs specified in paragraphs (i)(2)(i),
(i)(2)(ii), and (i)(2)(iii) of this AD. The initial compliance time
for accomplishing the actions required by AWL No. 28-AWL-25 is
within 6 years since the most recent inspection was performed in
accordance with AWL No. 28-AWL-25, or within 6 years since the
actions specified in Boeing Alert Service Bulletin 757-28A0088 were
accomplished, whichever is later.
(i) AWL No. 28-AWL-23, Motor Operated Valve (MOV) Actuator--
Lightning and Fault Current Protection Electrical Bond, as specified
in Boeing 757 Maintenance Planning Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, Revision February 2017.
(ii) AWL No. 28-AWL-24, Motor Operated Valve (MOV) Actuator--
Electrical Design Feature, as specified in Boeing 757 Maintenance
Planning Data (MPD) Document, Section 9, Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D622N001-
9, Revision February 2017.
(iii) AWL No. 28-AWL-25, Motor Operated Valve (MOV) Actuator--
Lightning and Fault Current Protection Electrical Bond, as specified
in Boeing 757 Maintenance Planning Data (MPD) Document, Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D622N001-9, Revision February 2017.
(3) For airplanes identified in paragraph (c)(3) of this AD with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before the effective date
of this AD: Prior to or concurrently with the actions required by
paragraph (h)(3) of this AD, revise the maintenance or inspection
program, as applicable, to add the AWLs specified in paragraphs
(i)(3)(i) and (i)(3)(ii) of this AD.
(i) AWL No. 28-AWL-23, Motor Operated Valve (MOV) Actuator--
Lightning and Fault Current Protection Electrical Bond, as specified
in Boeing 767 Special Compliance Items/Airworthiness Limitations,
D622T001-9-04, Revision June 2016.
(ii) AWL No. 28-AWL-24, Motor Operated Valve (MOV) Actuator--
Electrical Design Feature, as specified in Boeing 767 Special
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision
June 2016.
(j) Maintenance or Inspection Program Revision for Parts Installation
Prohibition
(1) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes: After accomplishing the actions required by
paragraphs (g)(1), (h)(1), and (i)(1) of this AD, as applicable, on
all airplanes in an operator's fleet, and within 8 years after the
effective date of the AD, revise the maintenance or inspection
program, as applicable, by incorporating the AWL specified in figure
1 to paragraph (j)(1) of this AD.
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(2) For airplanes identified in paragraph (c)(2) of this AD:
After accomplishing the actions required by paragraphs (g)(2),
(h)(2), and (i)(2) of this AD, as applicable, on all airplanes in an
operator's fleet, and within 8 years after the effective date of the
AD, revise the maintenance or inspection program, as applicable, by
incorporating the AWL specified in figure 2 to paragraph (j)(2) of
this AD.
[[Page 14217]]
[GRAPHIC] [TIFF OMITTED] TP03AP18.001
(3) For airplanes identified in paragraph (c)(3) of this AD:
After accomplishing the actions required by paragraphs (g)(2),
(h)(3), and (i)(3) of this AD, as applicable, on all airplanes in an
operator's fleet, and within 8 years after the effective date of the
AD, revise the maintenance or inspection program, as applicable, by
incorporating the AWL specified in figure 3 to paragraph (j)(3) of
this AD.
[GRAPHIC] [TIFF OMITTED] TP03AP18.002
(4) For airplanes identified in paragraph (c)(1) of this AD,
excluding Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes: Within 30 days since the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, or within 30 days
after the effective date of this AD, whichever is later, revise the
maintenance or inspection program, as applicable, by incorporating
the AWL specified in figure 4 to paragraph (j)(4) of this AD.
[[Page 14218]]
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(k) No Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)
(1) After the maintenance or inspection program has been revised
as required by paragraph (i) of this AD, no alternative actions
(e.g., inspections), intervals, or CDCCLs, may be used unless the
actions, intervals, and CDCCLs are approved as an alternative method
of compliance (AMOC) in accordance with the procedures specified in
paragraph (o) of this AD.
(2) After the maintenance or inspection program has been revised
as required by paragraph (j) of this AD, no alternative actions
(e.g., inspections), intervals, or CDCCLs, may be used unless the
actions, intervals, and CDCCLs are approved as an alternative method
of compliance (AMOC) in accordance with the procedures specified in
paragraph (o) of this AD.
(l) Parts Installation Prohibition
(1) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes: As of the effective date of this AD, no person may
replace an MOV actuator having P/N MA30A1017 (Boeing P/N S343T003-
76) with an MOV actuator having P/N MA20A2027 or P/N MA30A1001
(Boeing P/N S343T003-56 or Boeing P/N S343T003-66, respectively) for
the left engine and right engine fuel shutoff valves.
(2) For airplanes identified in paragraph (c)(2) of this AD: As
of the effective date of this AD, no person may replace an MOV
actuator having P/N AV-31-1 (Boeing P/N S343T003-111), P/N MA11A1265
(Boeing P/N S343T003-14), P/N MA11A1265-1 (Boeing P/N S343T003-41),
or P/N MA30A1017 (Boeing P/N S343T003-76) with an MOV actuator
having P/N MA30A1001 (Boeing P/N S343T003-66) or P/N MA20A2027
(Boeing P/N S343T003-56) for the left engine and right engine fuel
shutoff valves and the APU fuel shutoff valve.
(3) For airplanes identified in paragraph (c)(3) of this AD: As
of the effective date of this AD, no person may replace an MOV
actuator having P/N AV-31-1 (Boeing P/N S343T003-111), P/N MA11A1265
(Boeing P/N S343T003-14), P/N MA11A1265-1 (Boeing P/N S343T003-41),
or P/N MA30A1017 (Boeing P/N S343T003-76) with an MOV actuator
having P/N MA30A1001 (Boeing P/N S343T003-66) or P/N MA20A2027
(Boeing P/N S343T003-56) for the left engine and right engine fuel
shutoff valves and the APU fuel shutoff valve.
[[Page 14219]]
(4) For airplanes identified in paragraph (c)(1) of this AD,
excluding Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes: As of the effective date of this AD, no person may
install an MOV actuator having P/N MA20A1001-1 (Boeing P/N S343T003-
39) or replace an MOV actuator with an MOV actuator having P/N
MA20A2027 or P/N MA30A1001 (Boeing P/N S343T003-56 or Boeing P/N
S343T003-66, respectively) for the left engine and right engine fuel
shutoff valves.
(m) Terminating Action
(1) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes: Accomplishing the actions required by paragraph
(j)(l) of this AD terminates the requirements of paragraph (l)(1) of
this AD and all of the requirements of AD 2015-21-10.
(2) For airplanes identified in paragraph (c)(2) of this AD:
Accomplishing the action required by paragraph (j)(2) of this AD
terminates the requirements of paragraph (l)(2) of this AD and all
of the requirements of AD 2015-19-04.
(3) For airplanes identified in paragraph (c)(3) of this AD:
Accomplishing the action required by paragraph (j)(3) of this AD
terminates the requirements of paragraph (l)(3) of this AD and all
of the requirements of AD 2015-21-09.
(4) For airplanes identified in paragraph (c)(1) of this AD,
excluding Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes: Accomplishing the action required by paragraph (j)(4) of
this AD terminates the requirements of paragraph (l)(4) of this AD.
(n) Credit for Previous Actions
(1) This paragraph provides credit for the actions specified in
paragraph (g)(2) or (h)(2) of this AD, as applicable, if those
actions were performed before the effective date of this AD using
Boeing Special Attention Service Bulletin 757-28-0138, dated May 18,
2016.
(2) This paragraph provides credit for the actions specified in
paragraph (g)(2) or (h)(3) of this AD, as applicable, if those
actions were performed before the effective date of this AD using
Boeing Service Bulletin 767-28-0115, dated September 10, 2015.
(3) For Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before the
effective date of this AD, this paragraph provides credit for the
actions specified in paragraph (i)(1) of this AD if those actions
were performed before the effective date of this AD using Boeing
737-600/700/700C/800/900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001-9-04, Revision July 2016, or
Revision September 2016; or Boeing 737-600/700/700C/800/900/900ER
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), D626A001-CMR, Revision October 2014, Revision November 2014,
Revision January 2015, or Revision April 2016.
(4) For airplanes identified in paragraph (c)(2) of this AD,
this paragraph provides credit for the actions specified in
paragraph (i)(2) of this AD if those actions were performed before
the effective date of this AD using Boeing 757 Maintenance Planning
Data (MPD) Document, Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D622N001-9, Revision
January 2016, or Revision July 2016.
(5) For airplanes identified in paragraph (c)(3) of this AD with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before the effective date
of this AD, this paragraph provides credit for the actions specified
in paragraph (i)(3) of this AD if those actions were performed
before the effective date of this AD using Boeing 767 Special
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision
July 2015, Revision March 2016, Revision May 2016, or Revision May
2016 R1.
(6) For airplanes identified in paragraph (c)(3) of this AD with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before the effective date
of this AD, this paragraph provides credit for the actions specified
in paragraph (i)(3)(ii) of this AD if those actions were performed
before the effective date of this AD using Boeing 767 Special
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision
October 2014.
(o) 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 (p)(1) 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, Seattle ACO Branch, 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
(o)(4)(i) and (o)(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.
(p) Related Information
(1) For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Branch, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3553;
email: [email protected].
(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: 562-797-1717; 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 206-231-3195.
Issued in Renton, Washington, on March 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-05028 Filed 4-2-18; 8:45 am]
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