Airworthiness Directives; The Boeing Company Airplanes, 52305-52313 [R1-2018-21460]
Download as PDF
52305
Rules and Regulations
Federal Register
Vol. 83, No. 201
Wednesday, October 17, 2018
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0127; Product
Identifier 2016–NM–161–AD; Amendment
39–19447; AD 2018–20–13]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 737 airplanes,
excluding Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes;
all Model 757–200, –200PF, –200CB,
and –300 series airplanes; and all Model
767–200, –300, –300F, and –400ER
series airplanes. This AD was prompted
by reports of latently failed motoroperated valve (MOV) actuators of the
fuel shutoff valves. This AD requires
replacing certain MOV actuators of the
fuel shutoff valves for the left and right
engines (on certain 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 to incorporate
certain airworthiness limitations
(AWLs). We are issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective November
15, 2018.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 15, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
daltland on DSKBBV9HB2PROD with RULES
DATES:
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
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 Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) is
Docket Operations, U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: 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:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all The Boeing Company Model
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 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 APU fuel shutoff
valve (on Model 757 and Model 767
airplanes); and revising the maintenance
or inspection program, as applicable, to
incorporate certain AWLs.
We subsequently issued a
supplemental NPRM (SNPRM) to amend
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
14 CFR part 39 by adding an AD that
would apply to all Model 737 airplanes,
excluding Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes;
and all Model 757 and 767 airplanes.
The SNPRM published in the Federal
Register on April 3, 2018 (83 FR 14207).
The SNPRM proposed to add Model
737–8 airplanes and future Model 737
airplanes to the applicability.
We are issuing this AD to address a
latent failure of the actuator for the
engine or 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.
Republication
Editorial Note: Rule document 2018–21460
was originally published on pages 51304
through 51313 in the issue of Thursday,
October 11, 2018. In that publication, on page
51307, in the second column, in (c)(1),
‘‘Estimated –200’’ should read ‘‘–200’’. The
corrected document is published here in its
entirety.
Comments
We gave the public the opportunity to
participate in developing this final rule.
The following presents the comments
received on the SNPRM and the FAA’s
response to each comment.
Request To Exclude Model 737–8 and
Future Model 737
Boeing requested that we revise the
proposed AD (in the SNPRM) to exclude
Model 737–8 airplanes and future
Model 737 airplanes, because MOV
actuator part number MA30A1017
(Boeing P/N S343T003–76) is the only
certified MOV actuator for use on any
future Model 737 airplanes as
documented in the drawings and
Illustrated Parts Catalog (IPC). The
commenter stated that using
airworthiness limitations to prohibit the
use of parts with AD restrictions on one
minor model series (Model 737 next
generation (NG) airplanes) from being
used on a different minor model series
(Model 737–8 and future Model 737
airplanes) that does not allow the use of
the restricted parts is unnecessary and
implies that certified configurations and
ADs can be overridden via an Advisory
Circular (AC) or other means.
We disagree with the commenter’s
request. The MOV actuator currently
allowed on Model 737–8 and 737–9
airplanes, part number MA30A1017
E:\FR\FM\17OCR1.SGM
17OCR1
52306
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
(Boeing P/N S343T003–76), is the only
part number certificated on those
models, as documented in the
manufacturer’s drawings. However,
manufacturer’s proprietary drawings are
not readily available to all affected
operators, and there is no prohibition
against installing MOV actuator part
numbers that were determined unsafe in
this AD. We have been informed by
operators that the practice of rotating
physically interchangeable parts among
airplanes is widespread, and even a key
part of their operations. In the absence
of an AD or AWL that restricts the
installation of the affected parts, we
cannot be assured that the unsafe
condition will not be introduced to
Model 737–8, 737–9, and future 737
airplanes. In addition, ACs are advisory
in nature and do not include mandatory
actions. Therefore, ACs do not take
precedence over ADs. We have not
changed this AD regarding this issue.
Request To Remove Requirement To
Revise Maintenance Program
Boeing requested that we remove
paragraph (j) of the proposed AD and
revise FAA AC 120–77 or other
applicable advisory material to preclude
installation of equipment that both
Boeing and the FAA have determined
cause a potential safety issue, against
certified configurations. Boeing
suggested that listing parts that are not
approved for use on a given model sets
a precedent that can become
unmanageable, and that identifying
parts that are acceptable for a given
airplane and installation position is a
more explicit and manageable approach.
Boeing added that the use of AWLs to
prohibit AD-driven part installations is
unnecessary and implies that certified
configurations and ADs can be
overridden via an AC or other means.
We disagree with the commenter’s
request. The FAA is currently
considering revising AC 120–77 to help
prevent the rotation of parts as a minor
alteration. However, ACs are advisory in
nature and do not include mandatory
actions. Therefore, ACs cannot prohibit
the installation of unsafe equipment,
and they do not take precedence over
ADs. In addition, the practice of rotating
parts is widespread, and revising the AC
will not improve the situation in a
timely manner. Certain MOV actuator
part numbers have been identified to be
unsafe for installation at certain
locations. Since those part numbers
continue to be available and acceptable
for installation at certain other
locations, we consider the use of AWLs
to prohibit specific parts installation to
be a reasonable way to address the
safety concern in a timely manner. We
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
have not changed this AD regarding this
issue.
Request To Clarify Affected Part
Numbers
FedEx requested that we revise
paragraphs (h)(2) and (h)(3) of the
proposed AD (in the SNPRM) to state
that no replacement is necessary if the
MOV actuator part number is one of the
following alternative part numbers: AV–
31–1 (Boeing P/N S343T003–111),
MA11A1265 (Boeing P/N S343T003–
14), or MA11A1265–1 (Boeing P/N
S343T003–41). FedEx stated that the
service information specified in
paragraphs (h)(2) and (h)(3) of the
proposed AD (in the SNPRM) explicitly
state that those alternative MOV
actuator part numbers are acceptable
substitutes for P/N MA30A1017 (Boeing
P/N S343T003–76).
We disagree with the commenter’s
request. However, we agree to clarify the
requirements of paragraphs (h)(2) and
(h)(3) of this AD. Paragraphs (h)(2) and
(h)(3) of this AD require replacement of
MOV actuator P/N MA20A2027 (Boeing
P/N S343T003–56) and P/N
MA30A1001 (Boeing P/N S343T003–66)
with an acceptable MOV actuator part
number. Those paragraphs do not state
or imply that MOV actuator 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) must be replaced.
Therefore, we consider that adding the
proposed statement is unnecessary. We
have not changed this AD regarding this
issue.
Request To Add a Terminating Action
Provision
FedEx requested that we revise
paragraphs (i)(2) and (i)(3) of the
proposed AD (in the SNPRM) to state
that the actuator installation would
terminate the daily functional checks
required by AWLs 28–AWL–ENG and
28–AWL–APU. The commenter added
that installation of MOV actuator part
number MA30A1017 (Boeing P/N
S343T003–76) or an acceptable
alternative part number should
substantially increase the safety value.
We disagree with the commenter’s
request. We have determined that
accomplishing the applicable
maintenance or inspection program
revisions specified in paragraph (j) of
this AD are the appropriate terminating
actions. As discussed previously in the
preamble of the SNPRM, we included
the conditions (accomplishing the
applicable maintenance or inspection
program revisions) that would terminate
the requirements of AD 2015–21–10,
Amendment 39–18303 (80 FR 65130,
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
October 26, 2015); AD 2015–19–04,
Amendment 39–18267 (80 FR 55505,
September 16, 2015); and AD 2015–21–
09, Amendment 39–18302 (80 FR
65121, October 26, 2015). Those ADs
require incorporation of the AWLs that
require repetitive inspections of specific
MOV actuator part numbers installed at
specific locations. The requirements of
those ADs may be terminated if the
applicable conditions specified in
paragraph (m) of this AD are met. We
have not changed this AD regarding this
issue.
Request To Refer to Latest Service
Information
Southwest Airlines requested that we
refer to the latest revisions of the
airworthiness limitations documents.
We agree with the commenter’s
request and have revised this AD to
refer to the current airworthiness
limitations as the appropriate source of
service information, and have included
earlier revisions of the service
information as credit in this AD. There
are no changes to the required actions
of this AD because the tasks that must
be incorporated into the maintenance or
inspection program are not changed in
Boeing 737–600/700/700C/800/900/
900ER Special Compliance Items/
Airworthiness Limitations, D626A001–
9–04, Revision June 2018; Boeing 757
Maintenance Planning Data (MPD)
Document, Section 9, Airworthiness
Limitations (AWLS) and Certification
Maintenance Requirements (CMRs),
D622N001–9, Revision May 2018; or
Boeing 767–200/300/300F/400 Special
Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision
March 2018; except for Task 28–AWL–
23 for Model 767–200, –300, –300F, and
–400ER series airplanes, which adds
instructions that further describe the
conditions for performing electrical
bonding resistance measurements, in
addition to being more descriptive
regarding cap seal application.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
We have determined that these minor
changes:
• Are consistent with the intent that
was proposed in the SNPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM.
We also determined that these
changes will not increase the economic
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
burden on any operator or increase the
scope of this final rule.
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 June 2018, 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 May
2018, 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
52307
APU fuel shutoff valve, on Model 767
airplanes.
• Boeing 767–200/300/300F/400
Special Compliance Items/
Airworthiness Limitations, D622T001–
9–04, Revision March 2018, 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.
Costs of Compliance
We estimate that this AD affects 2,557
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS
Action
Inspection and replacement Model 737 (1,440
airplanes).
Inspection and replacement Model 757 (675
airplanes).
Inspection and replacement Model 767 (442
airplanes).
Labor cost
Parts cost
Cost per product
Up to 6 work-hours × $85
per hour = Up to $510.
Up to $12,000 ...................
Up to $12,510 ...................
Up to $18,014,400.
Up to 9 work-hours × $85
per hour = Up to $765.
Up to $18,000 ...................
Up to $18,765 ...................
Up to $12,666,375.
Up to 9 work-hours × $85
per hour = Up to $765.
Up to $18,000 ...................
Up to $18,765 ...................
Up to $8,294,130.
daltland on DSKBBV9HB2PROD with RULES
For the maintenance/inspection
program revision, we have determined
that this action takes an average of 90
work-hours per operator, although we
recognize that this number may vary
from operator to operator. In the past,
we have estimated that this action takes
1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleets, we have determined that
a per-operator estimate is more accurate
than a per-airplane estimate. Therefore,
we estimate the total cost per operator
to be $7,650 (90 work-hours × $85 per
work-hour).
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
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
Cost on U.S. operators
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
E:\FR\FM\17OCR1.SGM
17OCR1
52308
§ 39.13
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2018–20–13 The Boeing Company:
Amendment 39–19447; Docket No.
FAA–2017–0127; Product Identifier
2016–NM–161–AD.
(a) Effective Date
This AD is effective November 15, 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 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.
daltland on DSKBBV9HB2PROD with RULES
(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
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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
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, Motor Operated
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 June 2018.
(ii) AWL No. 28–AWL–22, Motor Operated
Valve (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 June 2018.
(iii) AWL No. 28–AWL–24, Spar Valve
Motor Operated 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 June
2018.
(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
E:\FR\FM\17OCR1.SGM
17OCR1
52309
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 May 2018.
(ii) AWL No. 28–AWL–24, 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 May 2018.
(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 May 2018.
(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 767–200/300/300F/400
Special Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision
March 2018.
(ii) AWL No. 28–AWL–24, Motor Operated
Valve (MOV) Actuator—Electrical Design
Feature, as specified in Boeing 767–200/300/
300F/400 Special Compliance Items/
Airworthiness Limitations, D622T001–9–04,
Revision March 2018.
(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.
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
(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 1301–00–D
E:\FR\FM\17OCR1.SGM
17OCR1
ER17OC18.019
daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
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.
(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.
ER17OC18.021
(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
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
E:\FR\FM\17OCR1.SGM
17OCR1
ER17OC18.020
daltland on DSKBBV9HB2PROD with RULES
52310
BILLING CODE 1301–00–C
AMOC in accordance with the procedures
specified in paragraph (o) of this AD.
daltland on DSKBBV9HB2PROD with RULES
(k) No Alternative Actions, Intervals, and
Critical Design Configuration Control
Limitations (CDCCLs)
(l) Parts Installation Prohibition
(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
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
(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
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
52311
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.
E:\FR\FM\17OCR1.SGM
17OCR1
ER17OC18.022
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
52312
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
(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.
daltland on DSKBBV9HB2PROD with RULES
(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 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 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 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, Revision September 2016, Revision
January 2017, Revision April 2018, or
Revision May 2018; 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
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
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,
Revision July 2016, or Revision February
2017.
(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, Revision May 2016 R1, or Revision
June 2016; or Boeing 767–200/300/300F/400
Special Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision
January 2018.
(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.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
(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 Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3553;
email: Takahisa.Kobayashi@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (q)(3) and (q)(4) of this AD.
(q) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing 737–600/700/700C/800/900/
900ER Special Compliance Items/
Airworthiness Limitations, D626A001–9–04,
Revision June 2018.
(ii) Boeing 757 Maintenance Planning Data
(MPD) Document, Section 9, Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs),
D622N001–9, Revision May 2018.
(iii) Boeing 767–200/300/300F/400ER
Special Compliance Items/Airworthiness
Limitations, D622T001–9–04, Revision
March 2018.
(iv) Boeing Service Bulletin 737–28–1314,
dated November 17, 2014.
(v) Boeing Service Bulletin 767–28–0115,
Revision 1, dated June 2, 2016.
(vi) Boeing Special Attention Service
Bulletin 757–28–0138, Revision 1, dated June
19, 2017.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone: 562–797–1717; internet: https://
www.myboeingfleet.com.
(4) 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. R1–2018–21460 Filed 10–16–18; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 866
[Docket No. FDA–2018–N–3596]
Medical Devices; Immunology and
Microbiology Devices; Classification of
the Herpes Virus Nucleic Acid-Based
Cutaneous and Mucocutaneous Lesion
Panel
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or we) is
classifying the herpes virus nucleic
acid-based cutaneous and
mucocutaneous lesion panel into class II
(special controls). The special controls
that apply to the device type are
identified in this order and will be part
of the codified language for the herpes
virus nucleic acid-based cutaneous and
mucocutaneous lesion panel’s
classification. We are taking this action
because we have determined that
classifying the device into class II
(special controls) will provide a
reasonable assurance of safety and
effectiveness of the device. We believe
this action will also enhance patients’
access to beneficial innovative devices,
in part by reducing regulatory burdens.
DATES: This order is effective October
17, 2018. The classification was
applicable on May 13, 2014.
FOR FURTHER INFORMATION CONTACT:
Scott McFarland, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4676, Silver Spring,
MD, 20993–0002, 301–796–6217,
scott.mcfarland@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
I. Background
Upon request, FDA has classified the
herpes virus nucleic acid-based
cutaneous and mucocutaneous lesion
panel as class II (special controls),
which we have determined will provide
VerDate Sep<11>2014
16:09 Oct 16, 2018
Jkt 247001
a reasonable assurance of safety and
effectiveness. In addition, we believe
this action will enhance patients’ access
to beneficial innovation, in part by
reducing regulatory burdens by placing
the device into a lower device class than
the automatic class III assignment.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act (21
U.S.C. 360c(i) to a predicate device that
does not require premarket approval.
We determine whether a new device is
substantially equivalent to a predicate
by means of the procedures for
premarket notification under section
510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807).
FDA may also classify a device
through ‘‘De Novo’’ classification, a
common name for the process
authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and
Drug Administration Modernization Act
of 1997 (Pub. L. 105–115) established
the first procedure for De Novo
classification. Section 607 of the Food
and Drug Administration Safety and
Innovation Act (Pub. L. 112–144)
modified the De Novo application
process by adding a second procedure.
A device sponsor may utilize either
procedure for De Novo classification.
Under the first procedure, the person
submits a 510(k) for a device that has
not previously been classified. After
receiving an order from FDA classifying
the device into class III under section
513(f)(1) of the FD&C Act, the person
then requests a classification under
section 513(f)(2).
Under the second procedure, rather
than first submitting a 510(k) and then
a request for classification, if the person
determines that there is no legally
marketed device upon which to base a
determination of substantial
equivalence, that person requests a
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
52313
classification under section 513(f)(2) of
the FD&C Act.
Under either procedure for De Novo
classification, FDA is required to
classify the device by written order
within 120 days. The classification will
be according to the criteria under
section 513(a)(1) of the FD&C Act.
Although the device was automatically
placed within class III, the De Novo
classification is considered to be the
initial classification of the device.
We believe this De Novo classification
will enhance patients’ access to
beneficial innovation, in part by
reducing regulatory burdens. When FDA
classifies a device into class I or II via
the De Novo process, the device can
serve as a predicate for future devices of
that type, including for 510(k)s (see 21
U.S.C. 360c(f)(2)(B)(i)). As a result, other
device sponsors do not have to submit
a De Novo request or premarket
approval application (PMA) to market a
substantially equivalent device (see 21
U.S.C. 360c(i), defining ‘‘substantial
equivalence’’). Instead, sponsors can use
the less-burdensome 510(k) process,
when necessary, to market their device.
II. De Novo Classification
For this device, FDA issued an order
on February 7, 2014, finding the LyraTM
Direct HSV 1 + 2/VZV Assay not
substantially equivalent to a predicate
not subject to PMA. Thus, the device
remained in class III in accordance with
section 513(f)(1) of the FD&C Act when
we issued the order.
On February 21, 2014, Quidel
Corporation submitted a request for De
Novo classification of the LyraTM Direct
HSV 1 + 2/VZV Assay. FDA reviewed
the request in order to classify the
device under the criteria for
classification set forth in section
513(a)(1) of the FD&C Act.
We classify devices into class II if
general controls by themselves are
insufficient to provide reasonable
assurance of safety and effectiveness,
but there is sufficient information to
establish special controls that, in
combination with the general controls,
provide reasonable assurance of the
safety and effectiveness of the device for
its intended use (see 21 U.S.C.
360c(a)(1)(B)). After review of the
information submitted in the request,
we determined that the device can be
classified into class II with the
establishment of special controls. FDA
has determined that these special
controls, in addition to general controls,
will provide reasonable assurance of the
safety and effectiveness of the device.
Therefore, on May 13, 2014, FDA
issued an order to the requestor
classifying the device into class II. FDA
E:\FR\FM\17OCR1.SGM
17OCR1
Agencies
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52305-52313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2018-21460]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 /
Rules and Regulations
[[Page 52305]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0127; Product Identifier 2016-NM-161-AD; Amendment
39-19447; AD 2018-20-13]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737 airplanes, excluding Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes; all Model 757-200, -200PF,
-200CB, and -300 series airplanes; and all Model 767-200, -300, -300F,
and -400ER series airplanes. This AD was prompted by reports of
latently failed motor-operated valve (MOV) actuators of the fuel
shutoff valves. This AD requires replacing certain MOV actuators of the
fuel shutoff valves for the left and right engines (on certain
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 to incorporate certain airworthiness limitations
(AWLs). We are issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective November 15, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 15,
2018.
ADDRESSES: For service information identified in this final rule,
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 Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: 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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 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 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 APU fuel shutoff valve (on Model 757 and Model 767
airplanes); and revising the maintenance or inspection program, as
applicable, to incorporate certain AWLs.
We subsequently issued a supplemental NPRM (SNPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Model 737 airplanes,
excluding Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes; and all Model 757 and 767 airplanes. The SNPRM published in
the Federal Register on April 3, 2018 (83 FR 14207). The SNPRM proposed
to add Model 737-8 airplanes and future Model 737 airplanes to the
applicability.
We are issuing this AD to address a latent failure of the actuator
for the engine or 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.
Republication
Editorial Note: Rule document 2018-21460 was originally
published on pages 51304 through 51313 in the issue of Thursday,
October 11, 2018. In that publication, on page 51307, in the second
column, in (c)(1), ``Estimated -200'' should read ``-200''. The
corrected document is published here in its entirety.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
SNPRM and the FAA's response to each comment.
Request To Exclude Model 737-8 and Future Model 737
Boeing requested that we revise the proposed AD (in the SNPRM) to
exclude Model 737-8 airplanes and future Model 737 airplanes, because
MOV actuator part number MA30A1017 (Boeing P/N S343T003-76) is the only
certified MOV actuator for use on any future Model 737 airplanes as
documented in the drawings and Illustrated Parts Catalog (IPC). The
commenter stated that using airworthiness limitations to prohibit the
use of parts with AD restrictions on one minor model series (Model 737
next generation (NG) airplanes) from being used on a different minor
model series (Model 737-8 and future Model 737 airplanes) that does not
allow the use of the restricted parts is unnecessary and implies that
certified configurations and ADs can be overridden via an Advisory
Circular (AC) or other means.
We disagree with the commenter's request. The MOV actuator
currently allowed on Model 737-8 and 737-9 airplanes, part number
MA30A1017
[[Page 52306]]
(Boeing P/N S343T003-76), is the only part number certificated on those
models, as documented in the manufacturer's drawings. However,
manufacturer's proprietary drawings are not readily available to all
affected operators, and there is no prohibition against installing MOV
actuator part numbers that were determined unsafe in this AD. We have
been informed by operators that the practice of rotating physically
interchangeable parts among airplanes is widespread, and even a key
part of their operations. In the absence of an AD or AWL that restricts
the installation of the affected parts, we cannot be assured that the
unsafe condition will not be introduced to Model 737-8, 737-9, and
future 737 airplanes. In addition, ACs are advisory in nature and do
not include mandatory actions. Therefore, ACs do not take precedence
over ADs. We have not changed this AD regarding this issue.
Request To Remove Requirement To Revise Maintenance Program
Boeing requested that we remove paragraph (j) of the proposed AD
and revise FAA AC 120-77 or other applicable advisory material to
preclude installation of equipment that both Boeing and the FAA have
determined cause a potential safety issue, against certified
configurations. Boeing suggested that listing parts that are not
approved for use on a given model sets a precedent that can become
unmanageable, and that identifying parts that are acceptable for a
given airplane and installation position is a more explicit and
manageable approach. Boeing added that the use of AWLs to prohibit AD-
driven part installations is unnecessary and implies that certified
configurations and ADs can be overridden via an AC or other means.
We disagree with the commenter's request. The FAA is currently
considering revising AC 120-77 to help prevent the rotation of parts as
a minor alteration. However, ACs are advisory in nature and do not
include mandatory actions. Therefore, ACs cannot prohibit the
installation of unsafe equipment, and they do not take precedence over
ADs. In addition, the practice of rotating parts is widespread, and
revising the AC will not improve the situation in a timely manner.
Certain MOV actuator part numbers have been identified to be unsafe for
installation at certain locations. Since those part numbers continue to
be available and acceptable for installation at certain other
locations, we consider the use of AWLs to prohibit specific parts
installation to be a reasonable way to address the safety concern in a
timely manner. We have not changed this AD regarding this issue.
Request To Clarify Affected Part Numbers
FedEx requested that we revise paragraphs (h)(2) and (h)(3) of the
proposed AD (in the SNPRM) to state that no replacement is necessary if
the MOV actuator part number is one of the following alternative part
numbers: AV-31-1 (Boeing P/N S343T003-111), MA11A1265 (Boeing P/N
S343T003-14), or MA11A1265-1 (Boeing P/N S343T003-41). FedEx stated
that the service information specified in paragraphs (h)(2) and (h)(3)
of the proposed AD (in the SNPRM) explicitly state that those
alternative MOV actuator part numbers are acceptable substitutes for P/
N MA30A1017 (Boeing P/N S343T003-76).
We disagree with the commenter's request. However, we agree to
clarify the requirements of paragraphs (h)(2) and (h)(3) of this AD.
Paragraphs (h)(2) and (h)(3) of this AD require replacement of MOV
actuator P/N MA20A2027 (Boeing P/N S343T003-56) and P/N MA30A1001
(Boeing P/N S343T003-66) with an acceptable MOV actuator part number.
Those paragraphs do not state or imply that MOV actuator 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) must be replaced. Therefore,
we consider that adding the proposed statement is unnecessary. We have
not changed this AD regarding this issue.
Request To Add a Terminating Action Provision
FedEx requested that we revise paragraphs (i)(2) and (i)(3) of the
proposed AD (in the SNPRM) to state that the actuator installation
would terminate the daily functional checks required by AWLs 28-AWL-ENG
and 28-AWL-APU. The commenter added that installation of MOV actuator
part number MA30A1017 (Boeing P/N S343T003-76) or an acceptable
alternative part number should substantially increase the safety value.
We disagree with the commenter's request. We have determined that
accomplishing the applicable maintenance or inspection program
revisions specified in paragraph (j) of this AD are the appropriate
terminating actions. As discussed previously in the preamble of the
SNPRM, we included the conditions (accomplishing the applicable
maintenance or inspection program revisions) that would terminate the
requirements of AD 2015-21-10, Amendment 39-18303 (80 FR 65130, October
26, 2015); AD 2015-19-04, Amendment 39-18267 (80 FR 55505, September
16, 2015); and AD 2015-21-09, Amendment 39-18302 (80 FR 65121, October
26, 2015). Those ADs require incorporation of the AWLs that require
repetitive inspections of specific MOV actuator part numbers installed
at specific locations. The requirements of those ADs may be terminated
if the applicable conditions specified in paragraph (m) of this AD are
met. We have not changed this AD regarding this issue.
Request To Refer to Latest Service Information
Southwest Airlines requested that we refer to the latest revisions
of the airworthiness limitations documents.
We agree with the commenter's request and have revised this AD to
refer to the current airworthiness limitations as the appropriate
source of service information, and have included earlier revisions of
the service information as credit in this AD. There are no changes to
the required actions of this AD because the tasks that must be
incorporated into the maintenance or inspection program are not changed
in Boeing 737-600/700/700C/800/900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001-9-04, Revision June 2018; Boeing
757 Maintenance Planning Data (MPD) Document, Section 9, Airworthiness
Limitations (AWLS) and Certification Maintenance Requirements (CMRs),
D622N001-9, Revision May 2018; or Boeing 767-200/300/300F/400 Special
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision
March 2018; except for Task 28-AWL-23 for Model 767-200, -300, -300F,
and -400ER series airplanes, which adds instructions that further
describe the conditions for performing electrical bonding resistance
measurements, in addition to being more descriptive regarding cap seal
application.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
We also determined that these changes will not increase the
economic
[[Page 52307]]
burden on any operator or increase the scope of this final rule.
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 June 2018,
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 May 2018,
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 767-200/300/300F/400 Special Compliance Items/
Airworthiness Limitations, D622T001-9-04, Revision March 2018,
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.
Costs of Compliance
We estimate that this AD affects 2,557 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement Model Up to 6 work-hours Up to $12,000..... Up to $12,510..... Up to $18,014,400.
737 (1,440 airplanes). x $85 per hour =
Up to $510.
Inspection and replacement Model Up to 9 work-hours Up to $18,000..... Up to $18,765..... Up to $12,666,375.
757 (675 airplanes). x $85 per hour =
Up to $765.
Inspection and replacement Model Up to 9 work-hours Up to $18,000..... Up to $18,765..... Up to $8,294,130.
767 (442 airplanes). x $85 per hour =
Up to $765.
----------------------------------------------------------------------------------------------------------------
For the maintenance/inspection program revision, we have determined
that this action takes an average of 90 work-hours per operator,
although we recognize that this number may vary from operator to
operator. In the past, we have estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleets, we have
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, we estimate the total cost per operator
to be $7,650 (90 work-hours x $85 per work-hour).
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 AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 52308]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2018-20-13 The Boeing Company: Amendment 39-19447; Docket No. FAA-
2017-0127; Product Identifier 2016-NM-161-AD.
(a) Effective Date
This AD is effective November 15, 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 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
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, Motor Operated 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 June 2018.
(ii) AWL No. 28-AWL-22, Motor Operated Valve (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 June 2018.
(iii) AWL No. 28-AWL-24, Spar Valve Motor Operated 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
June 2018.
(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
[[Page 52309]]
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 May 2018.
(ii) AWL No. 28-AWL-24, 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 May 2018.
(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 May 2018.
(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 767-200/300/300F/400 Special Compliance Items/
Airworthiness Limitations, D622T001-9-04, Revision March 2018.
(ii) AWL No. 28-AWL-24, Motor Operated Valve (MOV) Actuator--
Electrical Design Feature, as specified in Boeing 767-200/300/300F/
400 Special Compliance Items/Airworthiness Limitations, D622T001-9-
04, Revision March 2018.
(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 1301-00-D
[GRAPHIC] [TIFF OMITTED] TR17OC18.019
(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 52310]]
[GRAPHIC] [TIFF OMITTED] TR17OC18.020
(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] TR17OC18.021
(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 52311]]
[GRAPHIC] [TIFF OMITTED] TR17OC18.022
BILLING CODE 1301-00-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 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 52312]]
(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 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
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
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,
Revision September 2016, Revision January 2017, Revision April 2018,
or Revision May 2018; 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, Revision July 2016, or Revision February 2017.
(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, Revision May 2016
R1, or Revision June 2016; or Boeing 767-200/300/300F/400 Special
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision
January 2018.
(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 Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (q)(3) and (q)(4) of this AD.
(q) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing 737-600/700/700C/800/900/900ER Special Compliance
Items/Airworthiness Limitations, D626A001-9-04, Revision June 2018.
(ii) Boeing 757 Maintenance Planning Data (MPD) Document,
Section 9, Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D622N001-9, Revision May 2018.
(iii) Boeing 767-200/300/300F/400ER Special Compliance Items/
Airworthiness Limitations, D622T001-9-04, Revision March 2018.
(iv) Boeing Service Bulletin 737-28-1314, dated November 17,
2014.
(v) Boeing Service Bulletin 767-28-0115, Revision 1, dated June
2, 2016.
(vi) Boeing Special Attention Service Bulletin 757-28-0138,
Revision 1, dated June 19, 2017.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone: 562-797-1717; internet: https://www.myboeingfleet.com.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call
[[Page 52313]]
202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. R1-2018-21460 Filed 10-16-18; 8:45 am]
BILLING CODE 1301-00-D