83_FR_14271 83 FR 14207 - Airworthiness Directives; The Boeing Company Airplanes

83 FR 14207 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 64 (April 3, 2018)

Page Range14207-14219
FR Document2018-05028

We are revising an earlier proposal for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes; Model 757 airplanes; and Model 767 airplanes. This action revises the notice of proposed rulemaking (NPRM) by adding Model 737-8 airplanes and future Model 737 airplanes to the applicability. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes.

Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018)
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14207-14219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05028]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0127; Product Identifier 2016-NM-161-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal for all The Boeing Company 
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes; 
Model 757 airplanes; and Model 767 airplanes. This action revises the 
notice of proposed rulemaking (NPRM) by adding Model 737-8 airplanes 
and future Model 737 airplanes to the applicability. We are proposing 
this airworthiness directive (AD) to address the unsafe condition on 
these products. Since these actions impose an additional burden over 
those proposed in the NPRM, we are reopening the comment period to 
allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on March 9, 2017 (82 FR 13073), is reopened.
    We must receive comments on this SNPRM by May 18, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

[[Page 14208]]

    For service information identified in this SNPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone: 562-797-1717; internet: https://www.myboeingfleet.com. You 
may view this service information at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available on the internet at http://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 http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0127; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this SNPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3553; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0127; 
Product Identifier 2016-NM-161-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all The Boeing Company Model 737-600, -700, -700C, -800, 
-900, and -900ER series airplanes; Model 757 airplanes; and Model 767 
airplanes. The NPRM published in the Federal Register on March 9, 2017 
(82 FR 13073). The NPRM was prompted by reports of latently failed 
motor-operated valve (MOV) actuators of the fuel shutoff valves. The 
NPRM proposed to require replacing certain MOV actuators of the fuel 
shutoff valves for the left and right engines (on all airplanes) and of 
the auxiliary power unit (APU) fuel shutoff valve (on Model 757 and 
Model 767 airplanes); and revising the maintenance or inspection 
program, as applicable, to incorporate certain airworthiness 
limitations (AWLs).

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that The Boeing 
Company Model 737-8 series airplanes and future Model 737 airplanes are 
also subject to the unsafe condition, and therefore it is necessary to 
add these airplanes to the applicability.
    Model 737-8 airplanes are delivered with the MOV actuator having 
part number (P/N) MA30A1017 (Boeing P/N S343T003-76) as the type design 
configuration. This is the latest MOV actuator part number currently 
available, and that part number addresses the unsafe condition 
identified in this SNPRM. Subsequent future Model 737 airplanes are 
expected to be certified and delivered with the same MOV actuator part 
number. For those future Model 737 airplanes, installation of the MOV 
actuator having any earlier part number would not be part of the type 
design configuration; such installation will therefore not be allowed. 
However, installation of an MOV actuator having an earlier part number 
is functionally and physically possible for Model 737-8 airplanes and 
potentially for the future Model 737 airplanes, and such installation 
could occur in the field by using provisions in FAA Advisory Circular 
120-77 or other means.
    To avoid such installation that could result in an unsafe airplane 
configuration, this SNPRM proposes to require, for Model 737-8 
airplanes and subsequent future Model 737 airplanes, incorporation of 
an AWL that would prohibit installation of the MOV actuator having 
earlier part numbers. Other than the parts installation prohibition, no 
maintenance action is associated with the new AWL specified in this 
proposed AD. Once the AWL is incorporated into an operator's 
maintenance or inspection program, as applicable, the operator is 
required to comply with the AWL as specified in 14 CFR 43.16 and 
91.403(c). This new proposed AWL (to prohibit the installation of 
certain parts) is also proposed for Boeing Model 737-600, -700, -700C, 
-800, -900, and -900ER series airplanes; Model 757 series airplanes; 
and Model 767 series airplanes.

Revised Service Information

    Boeing has revised the service information specified in this SNPRM. 
We have revised this proposed AD to specify using the latest revisions 
as the appropriate source of service information and to credit the 
previous revisions, as follows:
    Paragraphs (g)(2) and (h)(2) of this proposed AD specify Boeing 
Special Attention Service Bulletin 757-28-0138, Revision 1, dated June 
19, 2017. Paragraph (n)(1) of this proposed AD specifies credit for 
Boeing Special Attention Service Bulletin 757-28-0138, dated May 18, 
2016.
    Paragraphs (i)(2)(i), (i)(2)(ii), and (i)(2)(iii) of this proposed 
AD specify Boeing 757 Maintenance Planning Data (MPD) Document, Section 
9, Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D622N001-9, Revision February 2017. Paragraph 
(n)(4) of this proposed AD specifies credit for Boeing 757 Maintenance 
Planning Data (MPD) Document, Section 9, Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D622N001-9, 
Revision January 2016, or Revision July 2016.

Comments

    We gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Issue Three Separate ADs

    United Airlines (UAL) requested that we issue three separate ADs, 
one each for Model 737 airplanes, Model 757 airplanes, and Model 767 
airplanes, instead of one AD. UAL requested this revision to reduce 
complexity and avoid possible confusion.
    We do not agree with UAL's request. We have decided to cover Model 
737, Model 757, and Model 767 airplanes in this SNPRM. We consider that 
the level of complexity of this SNPRM is reasonable and that the 
proposed actions are clearly defined. Additionally, to restructure the 
AD as requested, would unnecessarily delay the issuance of the final 
rule and mitigation of the unsafe condition. We

[[Page 14209]]

have not changed this SNPRM regarding this issue.

Request To Justify Requirement To Install Latest MOV Actuator Part 
Number

    Japan Airlines (JAL) noted that according to AD 2015-19-03, 
Amendment 39-18266 (80 FR 55527, September 16, 2015) (``AD 2015-19-
03''), and AD 2015-21-09, Amendment 39-18302 (80 FR 65121, October 26, 
2015) (``AD 2015-21-09''), MOV actuators P/N MA20A2027 and MA30A1001 
that are repetitively inspected need not be replaced by P/N MA30A1017. 
JAL requested that we provide the reason for mandating the installation 
of the latest MOV actuator part number instead of allowing repetitive 
inspections. JAL stated that it has never experienced a failure of an 
MOV actuator, and it is therefore not necessary to mandate the 
replacement of MOV actuators with the latest type if the repetitive 
inspections of MOV actuators (required by the ADs referenced by JAL) 
are being accomplished daily or every 10 days.
    We agree that clarification of the reason for the proposed 
installation is necessary. Three ADs were issued to correct latent 
failures of the MOV actuator for the left engine and right engine fuel 
shutoff valves and for certain airplanes, the auxiliary power unit 
(APU) fuel shutoff valve. Those ADs are AD 2015-21-10, Amendment 39-
18303 (80 FR 65130, October 26, 2015) (``AD 2015-21-10''), AD 2015-21-
09, and AD 2015-19-04, Amendment 39-18267 (80 FR 55505, September 16, 
2015) (``AD 2015-19-04''). AD 2015-19-03 (referenced by the commenter) 
was superseded by AD 2015-21-10. AD 2015-21-10, AD 2015-21-09, and AD 
2015-19-04 explained that the repetitive inspections required by the 
AWLs were considered to be an interim action to address the unsafe 
condition, and that we might consider additional rulemaking once the 
modification that would address the unsafe condition was developed. 
This proposed AD would require replacement of the specific MOV actuator 
part numbers because the installation of the latest MOV actuator part 
number would result in a configuration that is fail safe, by 
eliminating latent MOV actuator failure modes that would leave the 
airplane one failure away from a potential incident or accident. 
Without this modification, affected airplanes have a potential of being 
dispatched with a failed MOV actuator. In the event of an engine or APU 
fire, such a dispatch configuration would allow certain fires to become 
uncontrollable. The AWL repetitive inspections only limit the time of 
exposure of the airplane configuration dispatched with a failed fuel 
shutoff means. Also, repetitive inspections have a potential of 
introducing human errors that could result in a failure to detect an 
MOV actuator failure or other issues. We have not changed this SNPRM 
regarding this issue.

Requests To Terminate Other ADs

    Air Canada (ACN), All Nippon Airways (ANA), Delta Airlines (DAL), 
the Europe Aviation Safety Agency (EASA), FedEx Express (FedEx), 
Pegasus Airlines, UAL, and Southwest Airlines (SWA) requested that we 
revise the proposed AD (in the NPRM) to specify that the accomplishment 
of the proposed actions would terminate the requirements of AD 2015-19-
04 (for Model 757 airplanes), AD 2015-21-09 (for Model 767 airplanes), 
and AD 2015-21-10 (for Model 737 airplanes).
    The commenters stated that the three referenced ADs require 
incorporation of the AWLs that require repetitive inspections of the 
MOV actuators having part number (P/N) MA30A1001 (Boeing P/N S343T003-
66) or MA20A2027 (Boeing P/N S343T003-56). The commenters asserted that 
since the proposed AD (in the NPRM) would mandate replacement of those 
part numbers with a new part number, the three ADs should be terminated 
by the new AD action.
    We agree to revise this proposed AD to specify a condition that 
would terminate the requirements of AD 2015-19-04, AD 2015-21-09, and 
AD 2015-21-10. We have determined that the requirements of those ADs 
can be terminated only after the actions required by this proposed AD 
are accomplished on all affected airplanes in an operator's fleet. We 
consider that the above condition is necessary to ensure the safety of 
mixed airplane configurations in an operator's fleet during the 
compliance time of this proposed AD.
    We also consider that keeping the AWLs mandated by AD 2015-19-04, 
AD 2015-21-09, or AD 2015-21-10 in the maintenance or inspection 
program, as applicable, until the actions specified by this proposed AD 
are accomplished on all affected airplanes in an operator's fleet would 
cause no extra burden on operators. The AWLs mandated by AD 2015-19-04, 
AD 2015-21-09, or AD 2015-21-10 require repetitive inspections only for 
airplanes with MOV actuators having P/N MA30A1001 (Boeing P/N S343T003-
66) or MA20A2027 (Boeing P/N S343T003-56) installed at specific 
locations. Once those part numbers are removed from an airplane and 
replaced by an acceptable part number, the repetitive inspections 
specified in the AWLs do not apply to that airplane.
    The condition discussed above will ensure adherence to applicable 
requirements during the compliance time of this proposed AD. We also 
have determined that an additional means is necessary to protect the 
airplanes from installation of the discrepant MOV actuators at certain 
locations. This proposed AD would require removal of an MOV actuator 
having P/N MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N 
S343T003-56) at specific locations. However, it is possible those MOV 
actuator part numbers may be re-installed since those part numbers 
continue to be available and acceptable for installation at locations 
other than those locations addressed by this proposed AD where failures 
do not pose a safety concern. To address this concern, we have 
determined that the incorporation of a new AWL that would prohibit the 
installation of MOV actuators having P/Ns MA30A1001 (Boeing P/N 
S343T003-66) and MA20A2027 (Boeing P/N S343T003-56) at specific 
locations is necessary.
    We have specified the requirement to revise the maintenance or 
inspection program, as applicable, to incorporate a new AWL in 
paragraph (j) of this proposed AD. This action must be accomplished 
after the accomplishment of the actions required by paragraphs (g), 
(h), and (i) of this proposed AD, as applicable, on all affected 
airplanes in an operator's fleet and before the end of the compliance 
time of this proposed AD. Other than the parts installation 
prohibition, no maintenance action is associated with the new AWL. We 
have also added paragraph (m) in this proposed AD to specify that 
incorporation of the applicable AWL into the maintenance or inspection 
program, as applicable, would terminate certain requirements of AD 
2015-19-04, AD 2015-21-09, and AD 2015-21-10. We have moved the content 
of paragraph (m) of this proposed AD (in the NPRM) to paragraph (p) of 
this proposed AD.

Request To Identify Acceptable Replacement MOV Actuator Part Numbers

    ANA, Boeing, DAL, DHL Express (DHL), FedEx, and UAL requested that 
we revise paragraphs (h)(2) and (h)(3) of the proposed AD (in the NPRM) 
to add MOV actuators having P/Ns AV-31-1, MA11A1265, and MA11A1265-1 
(Boeing P/N S343T003-111, S343T003-

[[Page 14210]]

14, and S343T003-41) as acceptable replacements. The commenters stated 
that the service information specified in paragraphs (h)(2) and (h)(3) 
of the proposed AD (in the NPRM) identifies these MOV actuators as 
acceptable replacements.
    We agree with the commenters' request to identify additional MOV 
actuator part numbers that are acceptable to be used as replacement 
parts, with the following clarification. For Model 757 airplanes, MOV 
actuator P/N MA11A1265 (Boeing P/N S343T003-14) is acceptable as 
installed on the delivered airplanes, but that part number is not 
allowed to be used as a replacement for other part numbers as 
instructed in the service information specified in this proposed AD. 
The use of MOV actuator P/N MA11A1265 (Boeing P/N S343T003-14) to 
replace other part numbers is allowed for Model 767 airplanes, but not 
for Model 757 airplanes. We have revised paragraphs (h)(2) and (h)(3) 
of this proposed AD accordingly.

Request To Specify Differences Between Proposed Requirements and 
Service Information

    DAL noted that the NPRM referred to ``Differences Between this 
Proposed AD and the Service Information,'' but such a section was not 
in the NPRM. DAL requested that we add a section that discusses the 
differences between the proposed AD (in the NPRM) and the service 
information specified in the NPRM. DAL explained one key difference: 
the alternative acceptable MOV actuator part numbers that are specified 
in the service information for Model 757 and Model 767 airplanes are 
not specified in the proposed AD.
    We partially agree with DAL's request. The NPRM inadvertently 
referred to an unnecessary section that was not included in the NPRM. 
Furthermore, we did not intend to differ with the service information 
in regards to the additional MOV actuator part numbers specified in the 
service information for Model 757 and Model 767 airplanes. As stated 
previously, we have revised paragraphs (h)(2) and (h)(3) of this 
proposed AD to allow the additional part numbers.

Request To Reduce Compliance Time

    Air Line Pilots Association, International (ALPA) stated that 
operators have had ample time to prepare scheduling and maintenance 
activities to address the safety concern in a more efficient time frame 
than the proposed compliance time of 8 years.
    We infer that ALPA wants us to reduce the compliance time, however, 
they did not identify a proposed compliance time. We have evaluated the 
level of safety and also the mitigation provided by the airworthiness 
limitations mandated by AD 2015-19-04, AD 2015-21-09, and AD 2015-21-
10. We have determined that the 8-year compliance time is adequate to 
address the identified unsafe condition. We have not changed this 
proposed AD regarding this issue.

Request To Permit MOV Actuator Part Numbers Developed in the Future

    SWA requested that we revise paragraph (h)(1) of the proposed AD 
(in the NPRM) to permit MOV actuators having part numbers approved in 
the future. SWA stated that this would reduce requests for approval of 
an alternative method of compliance (AMOC).
    We disagree with SWA's request. Paragraphs (h)(l), (h)(2), and 
(h)(3) of the proposed AD (in the NPRM) did not allow the installation 
of new MOV actuator part numbers that could be made available in the 
future. During the installation of the MOV actuator, it is critical to 
ensure that the MOV actuator is properly bonded to the structure to 
prevent the development of an ignition source inside the fuel tank due 
to fault current or lightning strike. To ensure proper installation of 
a future MOV actuator part number, we would have to require in the AD 
that a future MOV actuator part number would be installed in accordance 
with applicable installation instructions. Since applicable 
installation instructions for a future MOV actuator part number do not 
exist, and we cannot incorporate instructions which do not exist in an 
AD, we cannot allow the installation of future MOV actuator part 
numbers in the proposed AD. However, operators may request an AMOC in 
accordance with paragraph (o) of this proposed AD to allow installation 
of MOV actuators approved in the future. We have made no further change 
to paragraphs (h)(1), (h)(2), and (h)(3) of this proposed AD in this 
regard.

Request To Use Serviceable Parts

    DAL requested that we allow installation of serviceable parts as 
well as new parts. DAL stated that the service information specifies 
only new parts.
    We agree with DAL's request. The installation of serviceable parts 
meets the intent of the AD and addresses the unsafe condition. We have 
revised paragraphs (h)(1), (h)(2), and (h)(3) of this proposed AD to 
specify that installation of serviceable parts is acceptable.

Request To Revise Parts Installation Prohibition

    ANA and UAL requested that we revise paragraph (j) of the proposed 
AD (in the NPRM) by adding alternative MOV actuator P/Ns AV-31-1, 
MA11A1265, and MA11A1265-1 (Boeing P/N S343T003-111, S343T003-14, and 
S343T003-41, respectively), if those alternative part numbers are 
allowed under paragraphs (h)(2) and (h)(3) of the proposed AD (in the 
NPRM). ANA also suggested changing the wording ``fuel shutoff valves'' 
to ``left and right engine fuel shutoff valves'' in paragraph (j) of 
the proposed AD (in the NPRM) to eliminate ambiguity, since Model 767 
airplanes have several fuel shutoff valves. The commenters stated that 
if the alternative part numbers are allowed for installation under 
paragraphs (h)(2) and (h)(3) of the proposed AD (in the NPRM), 
paragraph (j) of the proposed AD (in the NPRM) should prohibit the 
replacement of those alternative part numbers with MOV actuators having 
P/N MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N 
S343T003-56).
    We agree with the commenters' requests. Those alternative MOV 
actuators are acceptable for Model 757 and Model 767 airplanes and 
should not be replaced by MOV actuators having P/N MA30A1001 (Boeing P/
N S343T003-66) or MA20A2027 (Boeing P/N S343T003-56) after the 
effective date of the AD. The parts installation prohibition specified 
in paragraph (j) of proposed AD (in the NPRM) corresponds with the 
parts installation prohibitions specified in paragraphs (l)(1) through 
(1)(4) of this proposed AD, which identify affected part numbers for 
the airplanes identified in those paragraphs. The parts installation 
prohibition for Model 757 and Model 767 airplanes is specified in 
paragraphs (l)(2) and (l)(3) of this proposed AD, and additional MOV 
actuator part numbers are identified in those paragraphs as requested 
by the commenters. We also added ``for the left engine and right engine 
fuel shutoff valves'' in paragraphs (l)(1) through (l)(4) of this 
proposed AD.

Request To Refer to Previously Released Service Information

    Boeing requested that we revise the proposed AD (in the NPRM) to 
refer to previously released service information that provides 
instructions to replace a specific older MOV actuator part number. 
Boeing stated that note 2 to paragraph (h)(2) of the proposed AD (in 
the NPRM) informs an operator that it

[[Page 14211]]

can use Boeing Special Attention Service Bulletin 757-28-0138, dated 
May 18, 2016, to replace MOV actuators having P/N MA20A1001-1 (Boeing 
P/N S343T003-39). Boeing explained that Boeing Alert Service Bulletin 
757-28-0088, dated January 25, 2007, which has been mandated by AD 
2008-06-03, Amendment 39-15415 (73 FR 13081, March 12, 2008) (``AD 
2008-06-03''), has instructions to replace MOV actuators having P/N 
MA20A1001-1 (Boeing P/N S343T003-39) with MOV actuators having P/N 
MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N S343T003-
56). Boeing stated that the previously released service bulletins are 
the type design to make the part change and should be referenced.
    We do not agree with Boeing's request to add a reference to Boeing 
Alert Service Bulletin 757-28A0088, dated January 25, 2007, or Boeing 
Alert Service Bulletin 737-28A1207, dated February 15, 2007, both of 
which are mandated by AD 2008-06-03; or Boeing Alert Service Bulletin 
767-28A0090, dated July 3, 2008, which is mandated by AD 2009-22-13, 
Amendment 39-16066 (74 FR 55755, October 29, 2009). We infer that 
Boeing was expressing its concern that if an MOV actuator having P/N 
MA20A1001-1 (Boeing P/N S343T003-39) is found, that part number must be 
replaced by an MOV actuator having P/N MA30A1001 (Boeing P/N S343T003-
66) or MA20A2027 (Boeing P/N S343T003-56) in accordance with those 
previously released service bulletins as an approved change to the type 
design. Then, an MOV actuator having P/N MA30A1001 (Boeing P/N 
S343T003-66) or MA20A2027 (Boeing P/N S343T003-56) must be replaced by 
an MOV actuator having an acceptable part number in accordance with the 
service information mandated by this proposed AD as an approved change 
to the type design.
    We consider it unnecessary to add a reference to Boeing Alert 
Service Bulletin 757-28A0088, dated January 25, 2007; Boeing Alert 
Service Bulletin 737-28A1207, dated February 15, 2007; or Boeing Alert 
Service Bulletin 767-8A0090, dated July 3, 2008. The type design change 
provided by the previously released service information discussed above 
is addressed under AD 2008-06-03 and AD 2009-22-13, and incorporation 
of that type design change should have been completed for airplanes 
affected by those two ADs. In addition, this proposed AD covers the 
airplanes affected by AD 2008-06-03 and AD 2009-22-13 as well as those 
that are not. The notes to paragraphs (h)(1) and (h)(2) of the proposed 
AD (in the NPRM) were intended to clarify that operators can use 
service bulletins mandated by paragraphs (h)(1) and (h)(2) of this 
proposed AD to remove MOV actuators having P/N MA20A1001-1 (Boeing P/N 
S343T003-39) and replace that part number with acceptable MOV actuator 
part numbers since those service bulletins do not specifically address 
removal of MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-
39). The service information mandated by paragraph (h)(3) of this 
proposed AD for Model 767 airplanes addresses removal of MOV actuators 
having P/N MA20A1001-1 (Boeing P/N S343T003-39). We have revised this 
proposed AD by including the text from the notes to paragraphs (h)(1), 
(h)(2), and (h)(3) of the proposed AD (in the NPRM) in the regulatory 
text of their respective paragraphs in this proposed AD.

Request for Clarification Regarding Certain MOV Actuator Part Number 
Removal

    DAL requested that we clarify whether the proposed AD (in the NPRM) 
would require removal of an MOV actuator having P/N MA20A1001-1 (Boeing 
P/N S343T003-39). DAL stated that the notes to paragraphs (h)(1), 
(h)(2), and (h)(3) of the proposed AD (in the NPRM) mention removal of 
MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39), but 
removal would not be mandated in the proposed AD (in the NPRM).
    We agree that clarification is necessary. Removal of MOV actuators 
having P/N MA20A1001-1 (Boeing P/N S343T003-39) has been mandated by AD 
2008-06-03 for certain Model 737 and Model 757 airplanes and by AD 
2009-22-13 for certain Model 767 airplanes. Those ADs did not cover 
airplanes delivered with a later MOV actuator part number. However, for 
those airplanes not affected by the earlier ADs, the FAA discovered the 
potential for operators to install MOV actuators having P/N MA20A1001-1 
(Boeing P/N 343T003-39) since there was no obvious prohibition of such 
installation, other than the manufacturer's proprietary drawings that 
would prohibit the installation. To address this issue, we issued AD 
2016-04-20, Amendment 39-18414 (81 FR 10460, March 1, 2016) (``AD 2016-
04-20''), to prohibit the installation of MOV actuators having P/N 
MA20A1001-1 (Boeing P/N S343T003-39) on all affected models including 
future delivery airplanes. For airplanes affected by AD 2008-06-03 or 
AD 2009-22-13, we consider that it is unlikely to find MOV actuators 
having P/N MA20A1001-1 (Boeing P/N S343T003-39) installed, since such 
an installation would violate the AD requirements. For airplanes not 
affected by those earlier ADs, there is a chance to find that part 
number installed. In such a case, the service information specified in 
paragraph (h)(1), (h)(2), or (h)(3) of this proposed AD may be used to 
remove an MOV actuator having P/N MA20A1001-1 (Boeing P/N S343T003-39) 
and replace it with an acceptable MOV actuator part number. We have 
revised paragraph (h) of this proposed AD to clarify the use of that 
service information relative to the removal of MOV actuators with P/N 
MA20A1001-1 (Boeing P/N S343T003-39). No other changes were made to 
this proposed AD regarding this issue.

Request for Part Number Clarification

    SunExpress Airlines (SXS) stated that paragraph (h) of AD 2016-04-
20 requires the replacement of an MOV actuator having P/N MA20A1001-1 
(Boeing P/N S343T003-39) with a different serviceable, FAA-approved MOV 
actuator. SXS asserted that this requirement would conflict with 
paragraph (h) of the proposed AD (in the NPRM) since MOV actuators 
having P/N MA30A1001 (Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N 
S343T003-56) are required to be removed by paragraph (h) of the 
proposed AD (in the NPRM) while those part numbers could be allowed for 
installation under paragraph (h) of AD 2016-04-20.
    We infer that SXS is requesting part number clarification. There is 
no conflict between paragraph (h) of AD 2016-04-20 and paragraph (h) of 
this proposed AD. Paragraph (h) of AD 2016-04-20 requires removal of 
MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39). 
Paragraph (h) of this proposed AD would require removal of MOV 
actuators having P/N MA20A1001 (Boeing P/N S343T003-66) or MA20A2027 
(Boeing P/N S343T003-56). The operators would comply with both 
paragraph (h) of AD 2016-04-20 and paragraph (h) of this proposed AD by 
removing MOV actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39), 
MA30A1001 (Boeing P/N S343T003-66), and MA20A2027 (Boeing P/N S343T003-
56), and replacing those part numbers with an acceptable MOV actuator 
part number, such as P/N MA30A1017 (Boeing P/N S343T003-76).
    We agree that AD 2016-04-20 does not specifically prohibit the 
installation of MOV actuators having P/N MA30A1001 or P/N MA20A2027. 
This

[[Page 14212]]

proposed AD includes more specific provisions that would prohibit the 
installation of certain MOV actuators, including those having P/N 
MA30A1001 and P/N MA20A2027, in place of certain other MOV actuators. 
While there is no conflict between the requirements in this proposed AD 
and AD 2016-04-20, we acknowledge that this proposed AD includes those 
more specific provisions. We have not changed this proposed AD 
regarding this issue.

Request To Mandate a Fuel Leak Check

    UAL suggested that we revise the proposed AD (in the NPRM) to 
mandate a fuel leak check of the engine fuel shutoff valves per the 
applicable aircraft maintenance manual (AMM) during the modification 
specified in paragraphs (h)(1), (h)(2), and (h)(3) of the proposed AD 
(in the NPRM).
    We do not agree with UAL's request. We consider that operators 
would perform pertinent functional or operational checks recommended in 
the AMM during the modification specified in paragraphs (h)(1), (h)(2), 
and (h)(3) of this proposed AD, as operators would typically perform 
during maintenance activities. We consider that proper installation 
would be ensured even if a fuel leak check of the engine fuel shutoff 
valves would not be specifically mandated by this proposed AD. We have 
not changed this proposed AD regarding this issue.

Request To Clarify Compliance Time in Paragraph (i)(1) of the Proposed 
AD

    SWA requested that we clarify the initial compliance time specified 
under paragraph (i)(1) of the proposed AD (in the NPRM): 6 years from 
``the previous'' inspection.
    We agree to provide clarification, as well as a change to paragraph 
(i)(1) of this proposed AD. The initial compliance time (in the NPRM) 
was based on the assumption that the inspection specified in AWL No. 
28-AWL-24 for Model 737-600, -700, -700C, -800, -900, and -900ER 
airplanes would have been accomplished at least once on all affected 
airplanes before the effective date of the AD.
    However, we determined this assumption to be incorrect. 
Incorporation of AWL No. 28-AWL-24 is mandated by paragraph (h)(1) of 
AD 2008-06-03. This action is required to be done concurrently with the 
actions specified in paragraph (g) of AD 2008-06-03. The actions 
required by paragraphs (g) and (h)(1) of AD 2008-06-03 should have been 
accomplished on all affected airplanes before April 16, 2013. But the 
inspection specified in AWL No. 28-AWL-24 is not due until six years 
after the accomplishment of Boeing Alert Service Bulletin 737-28A1207, 
dated February 15, 2007, as mandated by paragraph (g) of AD 2008-06-03, 
or Boeing Service Bulletin 737-28A1207, Revision 1, dated April 19, 
2010, which was approved as an AMOC to paragraph (g) of AD 2008-06-03. 
Therefore, accomplishment of the inspection specified in AWL No. 28-
AWL-24 may not occur on all affected airplanes prior to April 16, 2019, 
which is six years after all affected airplanes would had to have 
accomplished the actions of AD 2008-06-03, as discussed above. Thus, a 
``previous inspection'' may not have occurred on certain affected 
airplanes.
    We have therefore revised paragraph (i)(1) of this proposed AD to 
specify that the initial compliance time for accomplishing the actions 
required by AWL No. 28-AWL-24 is within 6 years since the most recent 
inspection was performed in accordance with AWL No. 28-AWL-24, or 
within 6 years since the accomplishment of the actions specified in 
Boeing Alert Service Bulletin 737-28A1207, dated February 15, 2007, 
whichever occurs later. We have revised paragraph (i)(2) of this 
proposed AD in a similar manner to address the same issue associated 
with AWL No. 28-AWL-25 for Model 757 airplanes.

Request To Delete 30-Day Compliance Time in Paragraph (i)(1) of the 
Proposed AD

    EASA suggested that we delete the grace period (``or within 30 days 
after the effective date of this AD, whichever is later'') from 
paragraph (i)(1) of the proposed AD (in the NPRM). EASA stated that 
this compliance time is unnecessary since a time ``prior to or 
concurrently with the actions required by paragraph (h)(1)'' will 
always be later than ``within 30 days'' after the effective date. EASA 
also noted that the 30-day compliance time does not appear in 
paragraphs (i)(2) and (i)(3) of the proposed AD (in the NPRM).
    We do not agree with EASA's request. When we approved Boeing 
Service Bulletin 737-28-1314, dated November 17, 2014, which is 
referenced in paragraphs (g)(1) and (h)(1) of this proposed AD, we did 
not require incorporation of applicable AWLs into the maintenance or 
inspection program as part of the service information approval. 
Therefore, operators who have already accomplished Boeing Service 
Bulletin 737-28-1314, dated November 17, 2014, may not have 
incorporated applicable AWLs that are provided in Section 9 of the 
Maintenance Planning Data (MPD) Document or Special Compliance Items 
and Airworthiness Limitations (SCI/AWL) document at the revision levels 
specified in paragraph (i)(1) or (n)(3) of this proposed AD (paragraph 
(i)(1) or (k)(2), respectively, of the proposed AD (in the NPRM)). For 
such operators, paragraph (i)(1) of this proposed AD provides a grace 
period of 30 days for incorporation of applicable AWLs into their 
maintenance or inspection program, as applicable. When we approved 
Boeing Special Attention Service Bulletin 757-28-0138, dated May 18, 
2016, and Revision 1, dated June 19, 2017, and Boeing Service Bulletin 
767-28-0115, dated September 10, 2015, and Revision 1, dated June 2, 
2016, we required incorporation of applicable AWLs as part of AMOC 
approval for AD 2008-06-03 (Model 757) and AD 2009-22-13 (Model 767). 
This requirement is specified in the Approval section of those service 
bulletins. Therefore, any operator who has accomplished any of those 
service bulletins prior to the effective date of the AD should have 
already incorporated applicable AWLs into their maintenance or 
inspection program, and it is unnecessary to have a grace period in 
paragraphs (i)(2) and (i)(3) of this proposed AD. We have not changed 
this proposed AD regarding this issue.

Request To Use Later-Approved Service Information

    ANA requested that we revise paragraph (i) of the proposed AD (in 
the NPRM) to allow operators to use a later revision of the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness: Section 9 of the Boeing Maintenance Planning Data (MPD) 
Document or Boeing SCI/AWL document.
    We do not agree with ANA's request. We cannot use the phrase ``or 
later FAA-approved revisions,'' in an AD when referring to the service 
document because doing so violates Office of the Federal Register (OFR) 
regulations for approval of materials incorporated by reference (see 1 
CFR 51.1(f)). We are required to either publish the service document 
contents as part of the actual (regulatory) AD language; or submit the 
service document to the OFR for approval as referenced material, in 
which case we may only refer to such material in the text of an AD. The 
AD may refer to the service document only if the OFR approved it for 
incorporation by reference. To allow operators to use later revisions 
of the referenced document (issued after publication of the AD), either 
we must revise this proposed AD to refer to specific later

[[Page 14213]]

revisions, or operators must request approval to use later revisions as 
an AMOC to this AD under the provisions of paragraph (o) of this 
proposed AD. We have not changed this proposed AD regarding this issue.

Request To Limit Applicability

    DAL, Solaseed Air, and SWA requested that we clarify paragraph 
(i)(1) of the proposed AD (in the NPRM), or that we revise that 
paragraph to limit the affected airplanes. The commenters stated that 
AWL No. 28-AWL-24, specified under paragraph (i)(1)(iii) of the 
proposed AD (in the NPRM), is limited to line numbers 1 through 1980 
and 1982, but paragraph (i)(1) of the proposed AD (in the NPRM) would 
require incorporation of this specific AWL for all airplanes identified 
in paragraph (c)(1) of the proposed AD (in the NPRM). SWA also stated 
that the effectivity of AWL No. 28-AWL-22 is defined by MOV actuator 
part numbers.
    We agree that clarification is necessary. Paragraph (i) of this 
proposed AD would not require compliance with the AWLs specified in 
that paragraph. Instead, paragraph (i) of this proposed AD would 
require the operators to revise their maintenance or inspection 
program, as applicable, by incorporating those AWLs. Once the AWLs are 
incorporated into the maintenance or inspection program, compliance 
with the AWLs is required by 14 CFR 43.16 and 91.403(c). The 
effectivity of each AWL is specified in the Applicability section of 
the AWL. AWL No. 28-AWL-24, required by paragraph (i)(1)(iii) of this 
proposed AD, applies to line numbers 1 through 1980 and 1982. For any 
airplane outside this applicability, there is no maintenance action 
associated with this specific AWL. Therefore, we consider that 
incorporation of AWL No. 28-AWL-24 as specified by paragraph 
(i)(1)(iii) of this proposed AD does not impose an extra burden on 
operators. Furthermore, incorporation of AWL No. 28-AWL-24 would invoke 
appropriate maintenance actions if an operator acquires an airplane in 
the future that falls under the effectivity of that AWL. Because of 
those reasons, we disagree to limit the airplanes affected by paragraph 
(i)(1) of this proposed AD.
    Regarding AWL No. 28-AWL-22 mentioned by SWA, the AWL applies to 
all Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes, but the conditions specified in this AWL must be met by the 
MOV actuator part numbers specified in the applicability note. For the 
same rationale as noted above, we have not changed this proposed AD 
regarding this issue.

Request for Part Intermix Credit

    SXS requested that we add credit for intermixed part usage until 
the AD compliance due date. SXS stated that within the 8-year 
compliance time, the new MOV actuators may be installed at affected 
locations while the MOV actuators that are to be removed remain 
installed at other affected locations.
    We infer that SXS is requesting us to clarify the intermixed part 
usage during the AD compliance time. We agree to provide clarification 
regarding this matter. Operators may install acceptable MOV actuators 
having part numbers specified in paragraph (h) of this proposed AD at 
any affected locations while keeping MOV actuators having P/N MA30A1001 
(Boeing P/N S343T003-66) or MA20A2027 (Boeing P/N S343T003-56) 
installed at other affected locations during the AD compliance time. 
However, for airplanes with this intermixed part configuration, credit 
is not allowed for compliance with paragraph (h) of this proposed AD. 
Credit for compliance with paragraph (h) of this proposed AD can be 
taken only after the installation of acceptable MOV actuator part 
numbers at all affected locations specified in paragraph (h) of this 
proposed AD. Furthermore, once an acceptable MOV actuator part number 
is installed at any affected location, paragraph (l) of this proposed 
AD would prohibit the replacement of that MOV actuator part number with 
an MOV actuator having P/N MA30A1001 (Boeing P/N S343T003-66) or 
MA20A2027 (Boeing P/N S343T003-56). We have not changed this proposed 
AD regarding this issue.

Request To Specify Earlier Service Information and New Service 
Information

    Boeing requested that we revise paragraph (k)(2) of the proposed AD 
(in the NPRM) to refer to all previously released MPD Documents and 
SCIs that include the AWLs listed in paragraph (i)(1) of the proposed 
AD (in the NPRM). The commenter stated that the current list misses the 
most recent SCI/AWL revision, Revision September 2016. The commenter 
also stated that a new SCI/AWL revision is in work and should be 
referenced in the AD.
    We partially agree with Boeing's requests. Revision September 2016 
was the latest revision at the time the NPRM was published. Therefore, 
it was identified under paragraphs (i)(1)(i), (i)(1)(ii), and 
(i)(1)(iii), instead of paragraph (k)(2), of the proposed AD (in the 
NPRM). Paragraph (k)(2) of the proposed AD (in the NPRM) identified all 
acceptable earlier revisions at the time the NPRM was published.
    Since the publication of the NPRM, Boeing released a new SCI/AWL 
revision: Boeing 737-600/700/700C/800/900/900ER Special Compliance 
Items/Airworthiness Limitations, D626A001-9-04, Revision January 2017. 
We have revised paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of 
this proposed AD to identify this latest revision, and provided credit 
for Boeing 737-600/700/700C/800/900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001-9-04, Revision September 2016, in 
paragraph (n)(3) of this proposed AD (which was paragraph (k)(2) of the 
proposed AD (in the NPRM)).

Request To Revise Paragraph References

    UAL requested that we revise paragraph (k)(4) of the proposed AD 
(in the NPRM) to refer to paragraph (i)(3)(i) of the proposed AD (in 
the NPRM), instead of paragraph (i)(3) of the proposed AD (in the 
NPRM). UAL also suggested that we revise paragraph (k)(5) of the 
proposed AD (in the NPRM) to add credit for the revisions of the SCI/
AWL document that are identified in paragraph (k)(4) of the proposed AD 
(in the NPRM).
    We do not agree with UAL's requests. Paragraph (n)(5) of this 
proposed AD (which was paragraph (k)(4) in the proposed AD (in the 
NPRM)) refers to paragraph (i)(3) of this proposed AD, which includes 
paragraphs (i)(3)(i) and (i)(3)(ii) of this proposed AD. The revisions 
of the SCI/AWL document that the commenter requested to be added under 
paragraph (n)(6) of this proposed AD (which was paragraph (k)(5) in the 
proposed AD (in the NPRM)) are already identified in paragraph (n)(5) 
of this proposed AD as credit for the AWL identified in paragraph 
(i)(3)(ii) of this proposed AD. Paragraph (n)(6) of this proposed AD 
identifies an additional revision of the SCI/AWL document that is 
acceptable for the AWL required by paragraph (i)(3)(ii) of this 
proposed AD. We have not changed this proposed AD regarding this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE, ST01518SE, or 
ST01920SE does not affect the accomplishment of the manufacturer's 
service instructions.
    We agree that STC ST00830SE, ST01518SE, or ST01920SE does not 
affect the accomplishment of the manufacturer's service instructions.

[[Page 14214]]

Therefore, the installation of STC ST00830SE, ST01518SE, or ST01920SE 
does not affect the ability to accomplish the actions that would be 
required by this proposed AD. We have not changed this proposed AD 
regarding this issue.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Boeing Service Bulletin 737-28-1314, dated November 17, 
2014, describes procedures for installing new MOV actuators of the fuel 
shutoff valves for the left and right engines on Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes.
     Boeing 737-600/700/700C/800/900/900ER Special Compliance 
Items/Airworthiness Limitations, D626A001-9-04, Revision January 2017, 
describes AWLs for fuel tank ignition prevention on Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes.
     Boeing Special Attention Service Bulletin 757-28-0138, 
Revision 1, dated June 19, 2017, describes procedures for installing 
new MOV actuators of the fuel shutoff valves for the left and right 
engines, and of the APU fuel shutoff valve, on Model 757 airplanes.
     Boeing 757 Maintenance Planning Data (MPD) Document, 
Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622N001-9, Revision February 2017, 
describes AWLs for fuel tank ignition prevention on Model 757 
airplanes.
     Boeing Service Bulletin 767-28-0115, Revision 1, dated 
June 2, 2016, describes procedures for installing new MOV actuators of 
the fuel shutoff valves for the left and right engines, and of the APU 
fuel shutoff valve, on Model 767 airplanes.
     Boeing 767 Special Compliance Items/Airworthiness 
Limitations, D622T001-9-04, Revision June 2016, describes AWLs for fuel 
tank ignition prevention on Model 767 airplanes.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type designs. 
Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Proposed Requirements of This Proposed AD

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.
    This proposed AD would also provide terminating action for all 
certain actions required by AD 2015-19-04, AD 2015-21-09, and AD 2015-
21-10, as explained above, under ``Requests to Terminate Other ADs.''
    This proposed AD would also require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions would be required by 14 CFR 43.16 and 
91.403(c). For airplanes that have been previously modified, altered, 
or repaired in the areas addressed by this proposed AD, the operator 
may not be able to accomplish the actions described in the revisions. 
In this situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according to 
paragraph (o) of this proposed AD. The request should include a 
description of changes to the required inspections that will ensure the 
continued operational safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 2,574 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Action                Labor cost         Parts cost         Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement     Up to 6 work-    Up to $12,000.......  Up to $12,510.......  Up to $18,014,400.
 Model 737 (1,440 airplanes).   hours x $85
                                per hour = Up
                                to $510.
Inspection and replacement     Up to 9 work-    Up to $18,000.......  Up to $18,765.......  Up to $12,666,375.
 Model 757 (675 airplanes).     hours x $85
                                per hour = Up
                                to $765.
Inspection and replacement     Up to 9 work-    Up to $18,000.......  Up to $18,765.......  Up to $8,294,130.
 Model 767 (442 airplanes).     hours x $85
                                per hour = Up
                                to $765.
Maintenance or inspection      1 work-hour x    $0..................  $85.................  $218,790.
 program revision (2,574        $85 per hour =
 airplanes).                    $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs'' 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and

[[Page 14215]]

responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):


The Boeing Company: Docket No. FAA-2017-0127; Product Identifier 
2016-NM-161-AD.

(a) Comments Due Date

    We must receive comments by May 18, 2018.

(b) Affected ADs

    This AD affects AD 2015-21-09, Amendment 39-18302 (80 FR 65121, 
October 26, 2015) (``AD 2015-21-09''); AD 2015-19-04, Amendment 39-
18267, (80 FR 55505, September 16, 2015) (``AD 2015-19-04''); and AD 
2015-21-10, Amendment 39-18303 (80 FR 65130, October 26, 2015) (``AD 
2015-21-10'').

(c) Applicability

    This AD applies to all The Boeing Company airplanes, 
certificated in any category, identified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD.
    (1) Model 737 series airplanes, excluding Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes.
    (2) Model 757-200, -200PF, -200CB, and -300 series airplanes.
    (3) Model 767-200, -300, -300F, and -400ER series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28; Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of latently failed motor-
operated valve (MOV) actuators of the fuel shutoff valves. We are 
issuing this AD to prevent a latent failure of the actuator for the 
engine or auxiliary power unit (APU) fuel shutoff valves, which 
could result in the inability to shut off fuel to the engine or the 
APU, and, in case of certain engine or APU fires, could result in 
structural failure.

(f) Compliance

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

(g) Inspection To Determine Part Number (P/N)

    (1) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes: Within 8 years after the effective date of this 
AD, do an inspection to determine the part numbers of the MOV 
actuators of the fuel shutoff valves for the left and right engines, 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-28-1314, dated November 17, 2014. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number of the MOV actuator at each location can be conclusively 
determined from that review.
    (2) For airplanes identified in paragraphs (c)(2) and (c)(3) of 
this AD: Within 8 years after the effective date of this AD, do an 
inspection to determine the part numbers of the MOV actuators of the 
fuel shutoff valves for the left and right engines, and of the APU 
fuel shutoff valve, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 757-28-
0138, Revision 1, dated June 19, 2017 (``SB 757-28-0138 R1''); or 
Boeing Service Bulletin 767-28-0115, Revision 1, dated June 2, 2016 
(``SB 767-28-0115 R1''); as applicable. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number of the MOV actuator at each location can be conclusively 
determined from that review.

(h) Replacement

    (1) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes on which any MOV actuator having P/N MA20A2027 or 
P/N MA30A1001 (Boeing P/N S343T003-56 or Boeing P/N S343T003-66, 
respectively), is found during the inspection required by paragraph 
(g)(1) of this AD: Within 8 years after the effective date of this 
AD, replace each affected MOV actuator with an MOV actuator having 
P/N MA30A1017 (Boeing P/N S343T003-76), in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 737-28-1314, 
dated November 17, 2014. Where Boeing Service Bulletin 737-28-1314, 
dated November 17, 2014, specifies the installation of a new MOV 
actuator, this AD allows the installation of a new or serviceable 
MOV actuator. While not required by this AD, the Accomplishment 
Instructions specified in Boeing Service Bulletin 737-28-1314, dated 
November 17, 2014, for replacing MOV actuators having Boeing P/N 
S343T003-66 or Boeing P/N S343T003-56 may be used for replacing MOV 
actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39).
    (2) For airplanes identified in paragraph (c)(2) of this AD on 
which any MOV actuator having P/N MA20A2027 or P/N MA30A1001 (Boeing 
P/N S343T003-56 or Boeing P/N S343T003-66, respectively) is found 
during the inspection required by paragraph (g)(2) of this AD: 
Within 8 years after the effective date of this AD, replace each 
affected MOV actuator with an MOV actuator having P/N MA30A1017 
(Boeing P/N S343T003-76), P/N AV-31-1 (Boeing P/N S343T003-111), or 
P/N MA11A1265-1 (Boeing P/N S343T003-41), in accordance with the 
Accomplishment Instructions of SB 757-28-0138 R1. Where SB 757-28-
0138 R1, specifies the installation of a new MOV actuator, this AD 
allows the installation of a new or serviceable MOV actuator. While 
not required by this AD, the Accomplishment Instructions specified 
in SB 757-28-0138 R1 for replacing MOV actuators having Boeing P/N 
S343T003-66 or Boeing P/N S343T003-56 may be used for replacing MOV 
actuators having P/N MA20A1001-1 (Boeing P/N S343T003-39).
    (3) For airplanes identified in paragraph (c)(3) of this AD on 
which any MOV actuator having P/N MA20A2027 (Boeing P/N S343T003-56) 
or P/N MA30A1001 (Boeing P/N S343T003-66) is found during the 
inspection required by paragraph (g)(2) of this AD: Within 8 years 
after the effective date of this AD, replace each affected MOV 
actuator with an MOV actuator having P/N MA30A1017 (Boeing P/N 
S343T003-76), P/N AV-31-1 (Boeing P/N S343T003-111), P/N MA11A1265 
(Boeing P/N S343T003-14), or P/N MA11A1265-1 (Boeing P/N S343T003-
41), in accordance with the Accomplishment Instructions of SB 767-
28-0115 R1. Where SB 767-28-0115 R1, specifies the installation of a 
new MOV actuator, this AD allows the installation of a new or 
serviceable MOV actuator. While not required by this AD, the 
Accomplishment Instructions specified in SB 767-28-0115 R1, for 
replacing MOV actuators having Boeing P/N S343T003-66 or Boeing P/N 
S343T003-56 may be used for replacing MOV actuators having P/N 
MA20A1001-1 (Boeing P/N S343T003-39).

(i) Maintenance or Inspection Program Revision

    (1) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD: Prior to or concurrently with the actions 
required by paragraph (h)(1) of this AD or within 30 days after the 
effective date of this AD, whichever is later, revise the 
maintenance or inspection program, as applicable, to add the 
airworthiness limitations (AWLs) specified in paragraphs (i)(1)(i), 
(i)(1)(ii), and (i)(1)(iii) of this AD. The initial compliance time 
for accomplishing the actions required by AWL No. 28-AWL-24 is 
within 6 years since the most recent inspection was performed in

[[Page 14216]]

accordance with AWL No. 28-AWL-24, or within 6 years since the 
actions specified in Boeing Alert Service Bulletin 737-28A1207 were 
accomplished, whichever is later.
    (i) AWL No. 28-AWL-21, MOV Actuator--Lightning and Fault Current 
Protection Electrical Bond, as specified in Boeing 737-600/700/700C/
800/900/900ER Special Compliance Items/Airworthiness Limitations, 
D626A001-9-04, Revision January 2017.
    (ii) AWL No. 28-AWL-22, MOV Actuator--Electrical Design Feature, 
as specified in Boeing 737-600/700/700C/800/900/900ER Special 
Compliance Items/Airworthiness Limitations, D626A001-9-04, Revision 
January 2017.
    (iii) AWL No. 28-AWL-24, Valve MOV Actuator--Lightning and Fault 
Current Protection Electrical Bond, as specified in Boeing 737-600/
700/700C/800/900/900ER Special Compliance Items/Airworthiness 
Limitations, D626A001-9-04, Revision January 2017.
    (2) For airplanes identified in paragraph (c)(2) of this AD: 
Prior to or concurrently with the actions required by paragraph 
(h)(2) of this AD, revise the maintenance or inspection program, as 
applicable, to add the AWLs specified in paragraphs (i)(2)(i), 
(i)(2)(ii), and (i)(2)(iii) of this AD. The initial compliance time 
for accomplishing the actions required by AWL No. 28-AWL-25 is 
within 6 years since the most recent inspection was performed in 
accordance with AWL No. 28-AWL-25, or within 6 years since the 
actions specified in Boeing Alert Service Bulletin 757-28A0088 were 
accomplished, whichever is later.
    (i) AWL No. 28-AWL-23, Motor Operated Valve (MOV) Actuator--
Lightning and Fault Current Protection Electrical Bond, as specified 
in Boeing 757 Maintenance Planning Data (MPD) Document, Section 9, 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D622N001-9, Revision February 2017.
    (ii) AWL No. 28-AWL-24, Motor Operated Valve (MOV) Actuator--
Electrical Design Feature, as specified in Boeing 757 Maintenance 
Planning Data (MPD) Document, Section 9, Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D622N001-
9, Revision February 2017.
    (iii) AWL No. 28-AWL-25, Motor Operated Valve (MOV) Actuator--
Lightning and Fault Current Protection Electrical Bond, as specified 
in Boeing 757 Maintenance Planning Data (MPD) Document, Section 9, 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D622N001-9, Revision February 2017.
    (3) For airplanes identified in paragraph (c)(3) of this AD with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before the effective date 
of this AD: Prior to or concurrently with the actions required by 
paragraph (h)(3) of this AD, revise the maintenance or inspection 
program, as applicable, to add the AWLs specified in paragraphs 
(i)(3)(i) and (i)(3)(ii) of this AD.
    (i) AWL No. 28-AWL-23, Motor Operated Valve (MOV) Actuator--
Lightning and Fault Current Protection Electrical Bond, as specified 
in Boeing 767 Special Compliance Items/Airworthiness Limitations, 
D622T001-9-04, Revision June 2016.
    (ii) AWL No. 28-AWL-24, Motor Operated Valve (MOV) Actuator--
Electrical Design Feature, as specified in Boeing 767 Special 
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision 
June 2016.

(j) Maintenance or Inspection Program Revision for Parts Installation 
Prohibition

    (1) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes: After accomplishing the actions required by 
paragraphs (g)(1), (h)(1), and (i)(1) of this AD, as applicable, on 
all airplanes in an operator's fleet, and within 8 years after the 
effective date of the AD, revise the maintenance or inspection 
program, as applicable, by incorporating the AWL specified in figure 
1 to paragraph (j)(1) of this AD.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP03AP18.000

    (2) For airplanes identified in paragraph (c)(2) of this AD: 
After accomplishing the actions required by paragraphs (g)(2), 
(h)(2), and (i)(2) of this AD, as applicable, on all airplanes in an 
operator's fleet, and within 8 years after the effective date of the 
AD, revise the maintenance or inspection program, as applicable, by 
incorporating the AWL specified in figure 2 to paragraph (j)(2) of 
this AD.

[[Page 14217]]

[GRAPHIC] [TIFF OMITTED] TP03AP18.001

    (3) For airplanes identified in paragraph (c)(3) of this AD: 
After accomplishing the actions required by paragraphs (g)(2), 
(h)(3), and (i)(3) of this AD, as applicable, on all airplanes in an 
operator's fleet, and within 8 years after the effective date of the 
AD, revise the maintenance or inspection program, as applicable, by 
incorporating the AWL specified in figure 3 to paragraph (j)(3) of 
this AD.
[GRAPHIC] [TIFF OMITTED] TP03AP18.002

    (4) For airplanes identified in paragraph (c)(1) of this AD, 
excluding Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes: Within 30 days since the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness, or within 30 days 
after the effective date of this AD, whichever is later, revise the 
maintenance or inspection program, as applicable, by incorporating 
the AWL specified in figure 4 to paragraph (j)(4) of this AD.

[[Page 14218]]

[GRAPHIC] [TIFF OMITTED] TP03AP18.003

BILLING CODE 4910-13-C

(k) No Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitations (CDCCLs)

    (1) After the maintenance or inspection program has been revised 
as required by paragraph (i) of this AD, no alternative actions 
(e.g., inspections), intervals, or CDCCLs, may be used unless the 
actions, intervals, and CDCCLs are approved as an alternative method 
of compliance (AMOC) in accordance with the procedures specified in 
paragraph (o) of this AD.
    (2) After the maintenance or inspection program has been revised 
as required by paragraph (j) of this AD, no alternative actions 
(e.g., inspections), intervals, or CDCCLs, may be used unless the 
actions, intervals, and CDCCLs are approved as an alternative method 
of compliance (AMOC) in accordance with the procedures specified in 
paragraph (o) of this AD.

(l) Parts Installation Prohibition

    (1) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes: As of the effective date of this AD, no person may 
replace an MOV actuator having P/N MA30A1017 (Boeing P/N S343T003-
76) with an MOV actuator having P/N MA20A2027 or P/N MA30A1001 
(Boeing P/N S343T003-56 or Boeing P/N S343T003-66, respectively) for 
the left engine and right engine fuel shutoff valves.
    (2) For airplanes identified in paragraph (c)(2) of this AD: As 
of the effective date of this AD, no person may replace an MOV 
actuator having P/N AV-31-1 (Boeing P/N S343T003-111), P/N MA11A1265 
(Boeing P/N S343T003-14), P/N MA11A1265-1 (Boeing P/N S343T003-41), 
or P/N MA30A1017 (Boeing P/N S343T003-76) with an MOV actuator 
having P/N MA30A1001 (Boeing P/N S343T003-66) or P/N MA20A2027 
(Boeing P/N S343T003-56) for the left engine and right engine fuel 
shutoff valves and the APU fuel shutoff valve.
    (3) For airplanes identified in paragraph (c)(3) of this AD: As 
of the effective date of this AD, no person may replace an MOV 
actuator having P/N AV-31-1 (Boeing P/N S343T003-111), P/N MA11A1265 
(Boeing P/N S343T003-14), P/N MA11A1265-1 (Boeing P/N S343T003-41), 
or P/N MA30A1017 (Boeing P/N S343T003-76) with an MOV actuator 
having P/N MA30A1001 (Boeing P/N S343T003-66) or P/N MA20A2027 
(Boeing P/N S343T003-56) for the left engine and right engine fuel 
shutoff valves and the APU fuel shutoff valve.

[[Page 14219]]

    (4) For airplanes identified in paragraph (c)(1) of this AD, 
excluding Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes: As of the effective date of this AD, no person may 
install an MOV actuator having P/N MA20A1001-1 (Boeing P/N S343T003-
39) or replace an MOV actuator with an MOV actuator having P/N 
MA20A2027 or P/N MA30A1001 (Boeing P/N S343T003-56 or Boeing P/N 
S343T003-66, respectively) for the left engine and right engine fuel 
shutoff valves.

(m) Terminating Action

    (1) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes: Accomplishing the actions required by paragraph 
(j)(l) of this AD terminates the requirements of paragraph (l)(1) of 
this AD and all of the requirements of AD 2015-21-10.
    (2) For airplanes identified in paragraph (c)(2) of this AD: 
Accomplishing the action required by paragraph (j)(2) of this AD 
terminates the requirements of paragraph (l)(2) of this AD and all 
of the requirements of AD 2015-19-04.
    (3) For airplanes identified in paragraph (c)(3) of this AD: 
Accomplishing the action required by paragraph (j)(3) of this AD 
terminates the requirements of paragraph (l)(3) of this AD and all 
of the requirements of AD 2015-21-09.
    (4) For airplanes identified in paragraph (c)(1) of this AD, 
excluding Model 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes: Accomplishing the action required by paragraph (j)(4) of 
this AD terminates the requirements of paragraph (l)(4) of this AD.

(n) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (g)(2) or (h)(2) of this AD, as applicable, if those 
actions were performed before the effective date of this AD using 
Boeing Special Attention Service Bulletin 757-28-0138, dated May 18, 
2016.
    (2) This paragraph provides credit for the actions specified in 
paragraph (g)(2) or (h)(3) of this AD, as applicable, if those 
actions were performed before the effective date of this AD using 
Boeing Service Bulletin 767-28-0115, dated September 10, 2015.
    (3) For Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued on or before the 
effective date of this AD, this paragraph provides credit for the 
actions specified in paragraph (i)(1) of this AD if those actions 
were performed before the effective date of this AD using Boeing 
737-600/700/700C/800/900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001-9-04, Revision July 2016, or 
Revision September 2016; or Boeing 737-600/700/700C/800/900/900ER 
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), D626A001-CMR, Revision October 2014, Revision November 2014, 
Revision January 2015, or Revision April 2016.
    (4) For airplanes identified in paragraph (c)(2) of this AD, 
this paragraph provides credit for the actions specified in 
paragraph (i)(2) of this AD if those actions were performed before 
the effective date of this AD using Boeing 757 Maintenance Planning 
Data (MPD) Document, Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622N001-9, Revision 
January 2016, or Revision July 2016.
    (5) For airplanes identified in paragraph (c)(3) of this AD with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before the effective date 
of this AD, this paragraph provides credit for the actions specified 
in paragraph (i)(3) of this AD if those actions were performed 
before the effective date of this AD using Boeing 767 Special 
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision 
July 2015, Revision March 2016, Revision May 2016, or Revision May 
2016 R1.
    (6) For airplanes identified in paragraph (c)(3) of this AD with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before the effective date 
of this AD, this paragraph provides credit for the actions specified 
in paragraph (i)(3)(ii) of this AD if those actions were performed 
before the effective date of this AD using Boeing 767 Special 
Compliance Items/Airworthiness Limitations, D622T001-9-04, Revision 
October 2014.

(o) Alternative Methods of Compliance (AMOCs)

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

(p) Related Information

    (1) For more information about this AD, contact Tak Kobayashi, 
Aerospace Engineer, Propulsion Branch, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3553; 
email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone: 562-797-1717; internet: https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Renton, Washington, on March 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-05028 Filed 4-2-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                                 14207

                                                  F–M would remain in the CFR after                       number 2590–0004, which is due to                        Dated: March 26, 2018.
                                                  FHFA has removed or relocated all of                    expire on September 30, 2020.                          Melvin L. Watt,
                                                  the other substantive Finance Board                       Although the proposed rule would                     Director, Federal Housing Finance Agency.
                                                  regulations. Therefore, in the interest of              remove the descriptive provision                       [FR Doc. 2018–06564 Filed 4–2–18; 8:45 am]
                                                  ensuring that all Finance Board                         regarding the MIRS that now appears at                 BILLING CODE 8070–01–P
                                                  regulations that will not be carried                    12 CFR 906.5, that removal would not
                                                  forward into the FHFA regulations are                   change any aspect of the information
                                                  removed, FHFA is repealing parts 956–                   collection; that is, FHFA would
                                                                                                                                                                 DEPARTMENT OF TRANSPORTATION
                                                  999 and subchapters F–M in their                        continue to conduct the survey in
                                                  entirety.                                               accordance with the terms of the                       Federal Aviation Administration
                                                                                                          existing PRA clearance. Therefore,
                                                  IV. Considerations of Differences                       FHFA has not submitted to OMB a                        14 CFR Part 39
                                                  Between the Banks and the Enterprises                   request to approve a revision to control
                                                                                                          number 2590–0004.                                      [Docket No. FAA–2017–0127; Product
                                                     Section 1313(f) of the Safety and                                                                           Identifier 2016–NM–161–AD]
                                                  Soundness Act requires the FHFA                         VI. Regulatory Flexibility Act
                                                                                                                                                                 RIN 2120–AA64
                                                  Director, when promulgating regulations                    The Regulatory Flexibility Act (5
                                                  ‘‘of general applicability and future                   U.S.C. 601 et seq.) requires an agency to              Airworthiness Directives; The Boeing
                                                  effect’’ relating to the Banks, to consider             analyze a proposed rule’s impact on                    Company Airplanes
                                                  the differences between the Banks and                   small entities if the final rule is
                                                  the Enterprises as they may relate to the               expected to have a significant economic                AGENCY:  Federal Aviation
                                                  Banks’ cooperative ownership structure,                 impact on a substantial number of small                Administration (FAA), DOT.
                                                  mission of providing liquidity to                       entities. 5 U.S.C. 605(b). FHFA has                    ACTION: Supplemental notice of
                                                  members, affordable housing and                         considered the impact of this                          proposed rulemaking (SNPRM);
                                                  community development mission,                          rulemaking and determined that it is not               reopening of comment period.
                                                  capital structure, and joint and several                likely to have a significant economic
                                                  liability.9 With respect to the repeal of                                                                      SUMMARY:   We are revising an earlier
                                                                                                          impact on a substantial number of small                proposal for all The Boeing Company
                                                  Finance Board regulations subject to                    entities because, even assuming it had
                                                  this rulemaking, this proposal does not                                                                        Model 737–600, –700, –700C, –800,
                                                                                                          an economic impact, it would apply                     –900, and –900ER series airplanes;
                                                  impose any new obligations on the                       only to the regulated entities, which are
                                                  Banks, but instead simply removes                                                                              Model 757 airplanes; and Model 767
                                                                                                          not small entities for purposes of the                 airplanes. This action revises the notice
                                                  existing Finance Board regulations that                 Regulatory Flexibility Act.
                                                  either have been previously carried over                                                                       of proposed rulemaking (NPRM) by
                                                  to the FHFA regulations or, as a result                 List of Subjects                                       adding Model 737–8 airplanes and
                                                  of the passage of HERA and changed                                                                             future Model 737 airplanes to the
                                                                                                          12 CFR Part 900
                                                                                                                                                                 applicability. We are proposing this
                                                  circumstances, are obsolete,                              Federal home loan banks, Office of                   airworthiness directive (AD) to address
                                                  unnecessary and no longer of any                        Finance, Regulated entity.                             the unsafe condition on these products.
                                                  regulatory purpose. Further, the repeal
                                                                                                          12 CFR Part 906                                        Since these actions impose an
                                                  of parts 900, 906 and 956–999 of title 12
                                                                                                                                                                 additional burden over those proposed
                                                  of the CFR would not have a ‘‘future                      Conventional one-family non-farm                     in the NPRM, we are reopening the
                                                  effect’’ on the rights and responsibilities             mortgage loans, Government contracts,                  comment period to allow the public the
                                                  of the Banks. For all of these reasons, a               Minority businesses, Monthly interest                  chance to comment on these changes.
                                                  statutory differences analysis is not                   rate survey, Mortgages, Reporting and
                                                                                                                                                                 DATES: The comment period for the
                                                  required for this final rule.10                         recordkeeping requirements.
                                                                                                                                                                 NPRM published in the Federal
                                                  V. Paperwork Reduction Act                              12 CFR Parts 956–999                                   Register on March 9, 2017 (82 FR
                                                                                                            Reserved.                                            13073), is reopened.
                                                    The Paperwork Reduction Act of 1995                                                                            We must receive comments on this
                                                  (PRA) requires that FHFA consider the                   Authority and Issuance                                 SNPRM by May 18, 2018.
                                                  impact of paperwork and other                             Accordingly, for reasons stated in the               ADDRESSES: You may send comments,
                                                  information collection burdens imposed                  preamble and under the authority of 12                 using the procedures found in 14 CFR
                                                  on the public.11 Under the PRA and the                  U.S.C. 4511, 4512, 4513, and 4526,                     11.43 and 11.45, by any of the following
                                                  implementing regulations of the Office                  FHFA proposes to amend subchapters                     methods:
                                                  of Management and Budget (OMB), an                      A, B, and F–M of chapter IX of the Code                  • Federal eRulemaking Portal: Go to
                                                  agency may not collect or sponsor the                   of Federal Regulations as follows:                     http://www.regulations.gov. Follow the
                                                  collection of information, nor may it                                                                          instructions for submitting comments.
                                                  impose an information collection                        CHAPTER IX—FEDERAL HOUSING
                                                                                                          FINANCE BOARD                                            • Fax: 202–493–2251.
                                                  requirement unless it displays a                                                                                 • Mail: U.S. Department of
                                                  currently valid control number assigned                 SUBCHAPTER A—[REMOVED AND                              Transportation, Docket Operations, M–
                                                  by OMB.12 The MIRS addressed by 12                      RESERVED]                                              30, West Building Ground Floor, Room
                                                  CFR 906.5 is a collection of information                ■ 1. Remove and reserve subchapter A                   W12–140, 1200 New Jersey Avenue SE,
nshattuck on DSK9F9SC42PROD with PROPOSALS




                                                  that OMB has approved under control                     consisting of part 900.                                Washington, DC 20590.
                                                                                                                                                                   • Hand Delivery: U.S. Department of
                                                                                                          SUBCHAPTER B—[REMOVED AND
                                                    9 12 U.S.C. 4513(f).
                                                                                                          RESERVED]                                              Transportation, Docket Operations, M–
                                                    10 This is consistent with prior FHFA rulemakings                                                            30, West Building Ground Floor, Room
                                                  that involved only the repeal of Finance Board          ■ 2. Remove and reserve subchapter B
                                                                                                                                                                 W12–140, 1200 New Jersey Avenue SE,
                                                  regulations. See Repeal of Regulations, 76 FR 74648     consisting of part 906.
                                                  (Dec. 1, 2011).                                                                                                Washington, DC 20590, between 9 a.m.
                                                    11 See 44 U.S.C. 3507(a) and (d).                     SUBCHAPTERS F–M—[REMOVED]                              and 5 p.m., Monday through Friday,
                                                    12 See 44 U.S.C. 3512(a); 5 CFR 1320.8(b)(3)(vi).     ■   3. Remove reserved subchapters F–M.                except Federal holidays.


                                             VerDate Sep<11>2014   14:20 Apr 02, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\03APP1.SGM   03APP1


                                                  14208                     Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules

                                                     For service information identified in                apply to all The Boeing Company Model                  comply with the AWL as specified in 14
                                                  this SNPRM, contact Boeing                              737–600, –700, –700C, –800, –900, and                  CFR 43.16 and 91.403(c). This new
                                                  Commercial Airplanes, Attention:                        –900ER series airplanes; Model 757                     proposed AWL (to prohibit the
                                                  Contractual & Data Services (C&DS),                     airplanes; and Model 767 airplanes. The                installation of certain parts) is also
                                                  2600 Westminster Blvd., MC 110–SK57,                    NPRM published in the Federal                          proposed for Boeing Model 737–600,
                                                  Seal Beach, CA 90740–5600; telephone:                   Register on March 9, 2017 (82 FR                       –700, –700C, –800, –900, and –900ER
                                                  562–797–1717; internet: https://                        13073). The NPRM was prompted by                       series airplanes; Model 757 series
                                                  www.myboeingfleet.com. You may view                     reports of latently failed motor-operated              airplanes; and Model 767 series
                                                  this service information at the FAA,                    valve (MOV) actuators of the fuel                      airplanes.
                                                  Transport Standards Branch, 2200                        shutoff valves. The NPRM proposed to
                                                  South 216th St., Des Moines, WA. For                    require replacing certain MOV actuators                Revised Service Information
                                                  information on the availability of this                 of the fuel shutoff valves for the left and               Boeing has revised the service
                                                  material at the FAA, call 206–231–3195.                 right engines (on all airplanes) and of                information specified in this SNPRM.
                                                  It is also available on the internet at                 the auxiliary power unit (APU) fuel                    We have revised this proposed AD to
                                                  http://www.regulations.gov by searching                 shutoff valve (on Model 757 and Model                  specify using the latest revisions as the
                                                  for and locating Docket No. FAA–2017–                   767 airplanes); and revising the                       appropriate source of service
                                                  0127.                                                   maintenance or inspection program, as                  information and to credit the previous
                                                                                                          applicable, to incorporate certain                     revisions, as follows:
                                                  Examining the AD Docket
                                                                                                          airworthiness limitations (AWLs).                         Paragraphs (g)(2) and (h)(2) of this
                                                    You may examine the AD docket on                                                                             proposed AD specify Boeing Special
                                                  the internet at http://                                 Actions Since the NPRM Was Issued
                                                                                                                                                                 Attention Service Bulletin 757–28–
                                                  www.regulations.gov by searching for                       Since we issued the NPRM, we have
                                                                                                                                                                 0138, Revision 1, dated June 19, 2017.
                                                  and locating Docket No. FAA–2017–                       determined that The Boeing Company
                                                                                                                                                                 Paragraph (n)(1) of this proposed AD
                                                  0127; or in person at the Docket                        Model 737–8 series airplanes and future
                                                                                                                                                                 specifies credit for Boeing Special
                                                  Management Facility between 9 a.m.                      Model 737 airplanes are also subject to
                                                                                                                                                                 Attention Service Bulletin 757–28–
                                                  and 5 p.m., Monday through Friday,                      the unsafe condition, and therefore it is
                                                                                                                                                                 0138, dated May 18, 2016.
                                                  except Federal holidays. The AD docket                  necessary to add these airplanes to the
                                                  contains this SNPRM, the regulatory                     applicability.                                            Paragraphs (i)(2)(i), (i)(2)(ii), and
                                                  evaluation, any comments received, and                     Model 737–8 airplanes are delivered                 (i)(2)(iii) of this proposed AD specify
                                                  other information. The street address for               with the MOV actuator having part                      Boeing 757 Maintenance Planning Data
                                                  the Docket Office (phone: 800–647–                      number (P/N) MA30A1017 (Boeing P/N                     (MPD) Document, Section 9,
                                                  5527) is in the ADDRESSES section.                      S343T003–76) as the type design                        Airworthiness Limitations (AWLs) and
                                                  Comments will be available in the AD                    configuration. This is the latest MOV                  Certification Maintenance Requirements
                                                  docket shortly after receipt.                           actuator part number currently                         (CMRs), D622N001–9, Revision
                                                                                                          available, and that part number                        February 2017. Paragraph (n)(4) of this
                                                  FOR FURTHER INFORMATION CONTACT: Tak
                                                                                                          addresses the unsafe condition                         proposed AD specifies credit for Boeing
                                                  Kobayashi, Aerospace Engineer,
                                                  Propulsion Section, FAA, Seattle ACO                    identified in this SNPRM. Subsequent                   757 Maintenance Planning Data (MPD)
                                                  Branch, 2200 South 216th St., Des                       future Model 737 airplanes are expected                Document, Section 9, Airworthiness
                                                  Moines, WA 98198; phone and fax: 206–                   to be certified and delivered with the                 Limitations (AWLs) and Certification
                                                  231–3553; email: Takahisa.Kobayashi@                    same MOV actuator part number. For                     Maintenance Requirements (CMRs),
                                                  faa.gov.                                                those future Model 737 airplanes,                      D622N001–9, Revision January 2016, or
                                                                                                          installation of the MOV actuator having                Revision July 2016.
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          any earlier part number would not be                   Comments
                                                  Comments Invited                                        part of the type design configuration;
                                                                                                          such installation will therefore not be                  We gave the public the opportunity to
                                                    We invite you to send any written
                                                                                                          allowed. However, installation of an                   comment on the NPRM. The following
                                                  relevant data, views, or arguments about
                                                                                                          MOV actuator having an earlier part                    presents the comments received on the
                                                  this proposal. Send your comments to
                                                                                                          number is functionally and physically                  NPRM and the FAA’s response to each
                                                  an address listed under the ADDRESSES
                                                                                                          possible for Model 737–8 airplanes and                 comment.
                                                  section. Include ‘‘Docket No. FAA–
                                                  2017–0127; Product Identifier 2016–                     potentially for the future Model 737                   Request To Issue Three Separate ADs
                                                  NM–161–AD’’ at the beginning of your                    airplanes, and such installation could
                                                                                                          occur in the field by using provisions in                United Airlines (UAL) requested that
                                                  comments. We specifically invite
                                                                                                          FAA Advisory Circular 120–77 or other                  we issue three separate ADs, one each
                                                  comments on the overall regulatory,
                                                                                                          means.                                                 for Model 737 airplanes, Model 757
                                                  economic, environmental, and energy
                                                                                                             To avoid such installation that could               airplanes, and Model 767 airplanes,
                                                  aspects of this SNPRM. We will
                                                                                                          result in an unsafe airplane                           instead of one AD. UAL requested this
                                                  consider all comments received by the
                                                  closing date and may amend this                         configuration, this SNPRM proposes to                  revision to reduce complexity and avoid
                                                  SNPRM because of those comments.                        require, for Model 737–8 airplanes and                 possible confusion.
                                                    We will post all comments we                          subsequent future Model 737 airplanes,                   We do not agree with UAL’s request.
                                                  receive, without change, to http://                     incorporation of an AWL that would                     We have decided to cover Model 737,
                                                  www.regulations.gov, including any                      prohibit installation of the MOV                       Model 757, and Model 767 airplanes in
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                                                  personal information you provide. We                    actuator having earlier part numbers.                  this SNPRM. We consider that the level
                                                  will also post a report summarizing each                Other than the parts installation                      of complexity of this SNPRM is
                                                  substantive verbal contact we receive                   prohibition, no maintenance action is                  reasonable and that the proposed
                                                  about this SNPRM.                                       associated with the new AWL specified                  actions are clearly defined.
                                                                                                          in this proposed AD. Once the AWL is                   Additionally, to restructure the AD as
                                                  Discussion                                              incorporated into an operator’s                        requested, would unnecessarily delay
                                                    We issued an NPRM to amend 14 CFR                     maintenance or inspection program, as                  the issuance of the final rule and
                                                  part 39 by adding an AD that would                      applicable, the operator is required to                mitigation of the unsafe condition. We


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                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                           14209

                                                  have not changed this SNPRM regarding                   uncontrollable. The AWL repetitive                     those part numbers are removed from an
                                                  this issue.                                             inspections only limit the time of                     airplane and replaced by an acceptable
                                                                                                          exposure of the airplane configuration                 part number, the repetitive inspections
                                                  Request To Justify Requirement To
                                                                                                          dispatched with a failed fuel shutoff                  specified in the AWLs do not apply to
                                                  Install Latest MOV Actuator Part
                                                                                                          means. Also, repetitive inspections have               that airplane.
                                                  Number                                                                                                            The condition discussed above will
                                                                                                          a potential of introducing human errors
                                                     Japan Airlines (JAL) noted that                      that could result in a failure to detect an            ensure adherence to applicable
                                                  according to AD 2015–19–03,                             MOV actuator failure or other issues.                  requirements during the compliance
                                                  Amendment 39–18266 (80 FR 55527,                        We have not changed this SNPRM                         time of this proposed AD. We also have
                                                  September 16, 2015) (‘‘AD 2015–19–                      regarding this issue.                                  determined that an additional means is
                                                  03’’), and AD 2015–21–09, Amendment                                                                            necessary to protect the airplanes from
                                                  39–18302 (80 FR 65121, October 26,                      Requests To Terminate Other ADs                        installation of the discrepant MOV
                                                  2015) (‘‘AD 2015–21–09’’), MOV                             Air Canada (ACN), All Nippon                        actuators at certain locations. This
                                                  actuators P/N MA20A2027 and                             Airways (ANA), Delta Airlines (DAL),                   proposed AD would require removal of
                                                  MA30A1001 that are repetitively                         the Europe Aviation Safety Agency                      an MOV actuator having P/N
                                                  inspected need not be replaced by P/N                   (EASA), FedEx Express (FedEx),                         MA30A1001 (Boeing P/N S343T003–66)
                                                  MA30A1017. JAL requested that we                        Pegasus Airlines, UAL, and Southwest                   or MA20A2027 (Boeing P/N S343T003–
                                                  provide the reason for mandating the                    Airlines (SWA) requested that we revise                56) at specific locations. However, it is
                                                  installation of the latest MOV actuator                 the proposed AD (in the NPRM) to                       possible those MOV actuator part
                                                  part number instead of allowing                         specify that the accomplishment of the                 numbers may be re-installed since those
                                                  repetitive inspections. JAL stated that it              proposed actions would terminate the                   part numbers continue to be available
                                                  has never experienced a failure of an                   requirements of AD 2015–19–04 (for                     and acceptable for installation at
                                                  MOV actuator, and it is therefore not                   Model 757 airplanes), AD 2015–21–09                    locations other than those locations
                                                  necessary to mandate the replacement of                 (for Model 767 airplanes), and AD                      addressed by this proposed AD where
                                                  MOV actuators with the latest type if the               2015–21–10 (for Model 737 airplanes).                  failures do not pose a safety concern. To
                                                  repetitive inspections of MOV actuators                    The commenters stated that the three                address this concern, we have
                                                  (required by the ADs referenced by JAL)                 referenced ADs require incorporation of                determined that the incorporation of a
                                                  are being accomplished daily or every                   the AWLs that require repetitive                       new AWL that would prohibit the
                                                  10 days.                                                inspections of the MOV actuators                       installation of MOV actuators having P/
                                                     We agree that clarification of the                   having part number (P/N) MA30A1001                     Ns MA30A1001 (Boeing P/N S343T003–
                                                  reason for the proposed installation is                 (Boeing P/N S343T003–66) or                            66) and MA20A2027 (Boeing P/N
                                                  necessary. Three ADs were issued to                     MA20A2027 (Boeing P/N S343T003–                        S343T003–56) at specific locations is
                                                  correct latent failures of the MOV                      56). The commenters asserted that since                necessary.
                                                  actuator for the left engine and right                  the proposed AD (in the NPRM) would                       We have specified the requirement to
                                                  engine fuel shutoff valves and for                      mandate replacement of those part                      revise the maintenance or inspection
                                                  certain airplanes, the auxiliary power                  numbers with a new part number, the                    program, as applicable, to incorporate a
                                                  unit (APU) fuel shutoff valve. Those                    three ADs should be terminated by the                  new AWL in paragraph (j) of this
                                                  ADs are AD 2015–21–10, Amendment                        new AD action.                                         proposed AD. This action must be
                                                  39–18303 (80 FR 65130, October 26,                         We agree to revise this proposed AD                 accomplished after the accomplishment
                                                  2015) (‘‘AD 2015–21–10’’), AD 2015–                     to specify a condition that would                      of the actions required by paragraphs
                                                  21–09, and AD 2015–19–04,                               terminate the requirements of AD 2015–                 (g), (h), and (i) of this proposed AD, as
                                                  Amendment 39–18267 (80 FR 55505,                        19–04, AD 2015–21–09, and AD 2015–                     applicable, on all affected airplanes in
                                                  September 16, 2015) (‘‘AD 2015–19–                      21–10. We have determined that the                     an operator’s fleet and before the end of
                                                  04’’). AD 2015–19–03 (referenced by the                 requirements of those ADs can be                       the compliance time of this proposed
                                                  commenter) was superseded by AD                         terminated only after the actions                      AD. Other than the parts installation
                                                  2015–21–10. AD 2015–21–10, AD 2015–                     required by this proposed AD are                       prohibition, no maintenance action is
                                                  21–09, and AD 2015–19–04 explained                      accomplished on all affected airplanes                 associated with the new AWL. We have
                                                  that the repetitive inspections required                in an operator’s fleet. We consider that               also added paragraph (m) in this
                                                  by the AWLs were considered to be an                    the above condition is necessary to                    proposed AD to specify that
                                                  interim action to address the unsafe                    ensure the safety of mixed airplane                    incorporation of the applicable AWL
                                                  condition, and that we might consider                   configurations in an operator’s fleet                  into the maintenance or inspection
                                                  additional rulemaking once the                          during the compliance time of this                     program, as applicable, would terminate
                                                  modification that would address the                     proposed AD.                                           certain requirements of AD 2015–19–04,
                                                  unsafe condition was developed. This                       We also consider that keeping the                   AD 2015–21–09, and AD 2015–21–10.
                                                  proposed AD would require                               AWLs mandated by AD 2015–19–04,                        We have moved the content of
                                                  replacement of the specific MOV                         AD 2015–21–09, or AD 2015–21–10 in                     paragraph (m) of this proposed AD (in
                                                  actuator part numbers because the                       the maintenance or inspection program,                 the NPRM) to paragraph (p) of this
                                                  installation of the latest MOV actuator                 as applicable, until the actions specified             proposed AD.
                                                  part number would result in a                           by this proposed AD are accomplished
                                                  configuration that is fail safe, by                     on all affected airplanes in an operator’s             Request To Identify Acceptable
                                                  eliminating latent MOV actuator failure                 fleet would cause no extra burden on                   Replacement MOV Actuator Part
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                                                  modes that would leave the airplane one                 operators. The AWLs mandated by AD                     Numbers
                                                  failure away from a potential incident or               2015–19–04, AD 2015–21–09, or AD                         ANA, Boeing, DAL, DHL Express
                                                  accident. Without this modification,                    2015–21–10 require repetitive                          (DHL), FedEx, and UAL requested that
                                                  affected airplanes have a potential of                  inspections only for airplanes with                    we revise paragraphs (h)(2) and (h)(3) of
                                                  being dispatched with a failed MOV                      MOV actuators having P/N MA30A1001                     the proposed AD (in the NPRM) to add
                                                  actuator. In the event of an engine or                  (Boeing P/N S343T003–66) or                            MOV actuators having P/Ns AV–31–1,
                                                  APU fire, such a dispatch configuration                 MA20A2027 (Boeing P/N S343T003–56)                     MA11A1265, and MA11A1265–1
                                                  would allow certain fires to become                     installed at specific locations. Once                  (Boeing P/N S343T003–111, S343T003–


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                                                  14210                     Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules

                                                  14, and S343T003–41) as acceptable                      they did not identify a proposed                       Request To Revise Parts Installation
                                                  replacements. The commenters stated                     compliance time. We have evaluated the                 Prohibition
                                                  that the service information specified in               level of safety and also the mitigation                   ANA and UAL requested that we
                                                  paragraphs (h)(2) and (h)(3) of the                     provided by the airworthiness                          revise paragraph (j) of the proposed AD
                                                  proposed AD (in the NPRM) identifies                    limitations mandated by AD 2015–19–                    (in the NPRM) by adding alternative
                                                  these MOV actuators as acceptable                       04, AD 2015–21–09, and AD 2015–21–                     MOV actuator P/Ns AV–31–1,
                                                  replacements.                                           10. We have determined that the 8-year                 MA11A1265, and MA11A1265–1
                                                    We agree with the commenters’                         compliance time is adequate to address                 (Boeing P/N S343T003–111, S343T003–
                                                  request to identify additional MOV                      the identified unsafe condition. We                    14, and S343T003–41, respectively), if
                                                  actuator part numbers that are                          have not changed this proposed AD                      those alternative part numbers are
                                                  acceptable to be used as replacement                    regarding this issue.                                  allowed under paragraphs (h)(2) and
                                                  parts, with the following clarification.
                                                                                                          Request To Permit MOV Actuator Part                    (h)(3) of the proposed AD (in the
                                                  For Model 757 airplanes, MOV actuator
                                                                                                          Numbers Developed in the Future                        NPRM). ANA also suggested changing
                                                  P/N MA11A1265 (Boeing P/N
                                                  S343T003–14) is acceptable as installed                                                                        the wording ‘‘fuel shutoff valves’’ to
                                                                                                             SWA requested that we revise                        ‘‘left and right engine fuel shutoff
                                                  on the delivered airplanes, but that part               paragraph (h)(1) of the proposed AD (in
                                                  number is not allowed to be used as a                                                                          valves’’ in paragraph (j) of the proposed
                                                                                                          the NPRM) to permit MOV actuators                      AD (in the NPRM) to eliminate
                                                  replacement for other part numbers as                   having part numbers approved in the
                                                  instructed in the service information                                                                          ambiguity, since Model 767 airplanes
                                                                                                          future. SWA stated that this would                     have several fuel shutoff valves. The
                                                  specified in this proposed AD. The use                  reduce requests for approval of an
                                                  of MOV actuator P/N MA11A1265                                                                                  commenters stated that if the alternative
                                                                                                          alternative method of compliance                       part numbers are allowed for
                                                  (Boeing P/N S343T003–14) to replace                     (AMOC).
                                                  other part numbers is allowed for Model                                                                        installation under paragraphs (h)(2) and
                                                                                                             We disagree with SWA’s request.                     (h)(3) of the proposed AD (in the
                                                  767 airplanes, but not for Model 757                    Paragraphs (h)(l), (h)(2), and (h)(3) of the
                                                  airplanes. We have revised paragraphs                                                                          NPRM), paragraph (j) of the proposed
                                                                                                          proposed AD (in the NPRM) did not                      AD (in the NPRM) should prohibit the
                                                  (h)(2) and (h)(3) of this proposed AD                   allow the installation of new MOV
                                                  accordingly.                                                                                                   replacement of those alternative part
                                                                                                          actuator part numbers that could be                    numbers with MOV actuators having P/
                                                  Request To Specify Differences Between                  made available in the future. During the               N MA30A1001 (Boeing P/N S343T003–
                                                  Proposed Requirements and Service                       installation of the MOV actuator, it is                66) or MA20A2027 (Boeing P/N
                                                  Information                                             critical to ensure that the MOV actuator               S343T003–56).
                                                                                                          is properly bonded to the structure to                    We agree with the commenters’
                                                     DAL noted that the NPRM referred to
                                                                                                          prevent the development of an ignition                 requests. Those alternative MOV
                                                  ‘‘Differences Between this Proposed AD
                                                                                                          source inside the fuel tank due to fault               actuators are acceptable for Model 757
                                                  and the Service Information,’’ but such
                                                                                                          current or lightning strike. To ensure                 and Model 767 airplanes and should not
                                                  a section was not in the NPRM. DAL
                                                                                                          proper installation of a future MOV                    be replaced by MOV actuators having P/
                                                  requested that we add a section that
                                                                                                          actuator part number, we would have to                 N MA30A1001 (Boeing P/N S343T003–
                                                  discusses the differences between the
                                                                                                          require in the AD that a future MOV                    66) or MA20A2027 (Boeing P/N
                                                  proposed AD (in the NPRM) and the
                                                                                                          actuator part number would be installed                S343T003–56) after the effective date of
                                                  service information specified in the
                                                                                                          in accordance with applicable                          the AD. The parts installation
                                                  NPRM. DAL explained one key
                                                                                                          installation instructions. Since                       prohibition specified in paragraph (j) of
                                                  difference: the alternative acceptable
                                                                                                          applicable installation instructions for a             proposed AD (in the NPRM)
                                                  MOV actuator part numbers that are
                                                                                                          future MOV actuator part number do not                 corresponds with the parts installation
                                                  specified in the service information for
                                                                                                          exist, and we cannot incorporate                       prohibitions specified in paragraphs
                                                  Model 757 and Model 767 airplanes are
                                                                                                          instructions which do not exist in an                  (l)(1) through (1)(4) of this proposed AD,
                                                  not specified in the proposed AD.
                                                     We partially agree with DAL’s                        AD, we cannot allow the installation of                which identify affected part numbers for
                                                  request. The NPRM inadvertently                         future MOV actuator part numbers in                    the airplanes identified in those
                                                  referred to an unnecessary section that                 the proposed AD. However, operators                    paragraphs. The parts installation
                                                  was not included in the NPRM.                           may request an AMOC in accordance                      prohibition for Model 757 and Model
                                                  Furthermore, we did not intend to differ                with paragraph (o) of this proposed AD                 767 airplanes is specified in paragraphs
                                                  with the service information in regards                 to allow installation of MOV actuators                 (l)(2) and (l)(3) of this proposed AD, and
                                                  to the additional MOV actuator part                     approved in the future. We have made                   additional MOV actuator part numbers
                                                  numbers specified in the service                        no further change to paragraphs (h)(1),                are identified in those paragraphs as
                                                  information for Model 757 and Model                     (h)(2), and (h)(3) of this proposed AD in              requested by the commenters. We also
                                                  767 airplanes. As stated previously, we                 this regard.                                           added ‘‘for the left engine and right
                                                  have revised paragraphs (h)(2) and (h)(3)               Request To Use Serviceable Parts                       engine fuel shutoff valves’’ in
                                                  of this proposed AD to allow the                                                                               paragraphs (l)(1) through (l)(4) of this
                                                  additional part numbers.                                  DAL requested that we allow                          proposed AD.
                                                                                                          installation of serviceable parts as well
                                                  Request To Reduce Compliance Time                       as new parts. DAL stated that the service              Request To Refer to Previously
                                                                                                          information specifies only new parts.                  Released Service Information
                                                    Air Line Pilots Association,
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                                                  International (ALPA) stated that                          We agree with DAL’s request. The                       Boeing requested that we revise the
                                                  operators have had ample time to                        installation of serviceable parts meets                proposed AD (in the NPRM) to refer to
                                                  prepare scheduling and maintenance                      the intent of the AD and addresses the                 previously released service information
                                                  activities to address the safety concern                unsafe condition. We have revised                      that provides instructions to replace a
                                                  in a more efficient time frame than the                 paragraphs (h)(1), (h)(2), and (h)(3) of               specific older MOV actuator part
                                                  proposed compliance time of 8 years.                    this proposed AD to specify that                       number. Boeing stated that note 2 to
                                                    We infer that ALPA wants us to                        installation of serviceable parts is                   paragraph (h)(2) of the proposed AD (in
                                                  reduce the compliance time, however,                    acceptable.                                            the NPRM) informs an operator that it


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                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                            14211

                                                  can use Boeing Special Attention                        (h)(1) and (h)(2) of the proposed AD (in               find MOV actuators having P/N
                                                  Service Bulletin 757–28–0138, dated                     the NPRM) were intended to clarify that                MA20A1001–1 (Boeing P/N S343T003–
                                                  May 18, 2016, to replace MOV actuators                  operators can use service bulletins                    39) installed, since such an installation
                                                  having P/N MA20A1001–1 (Boeing P/N                      mandated by paragraphs (h)(1) and                      would violate the AD requirements. For
                                                  S343T003–39). Boeing explained that                     (h)(2) of this proposed AD to remove                   airplanes not affected by those earlier
                                                  Boeing Alert Service Bulletin 757–28–                   MOV actuators having P/N                               ADs, there is a chance to find that part
                                                  0088, dated January 25, 2007, which has                 MA20A1001–1 (Boeing P/N S343T003–                      number installed. In such a case, the
                                                  been mandated by AD 2008–06–03,                         39) and replace that part number with                  service information specified in
                                                  Amendment 39–15415 (73 FR 13081,                        acceptable MOV actuator part numbers                   paragraph (h)(1), (h)(2), or (h)(3) of this
                                                  March 12, 2008) (‘‘AD 2008–06–03’’),                    since those service bulletins do not                   proposed AD may be used to remove an
                                                  has instructions to replace MOV                         specifically address removal of MOV                    MOV actuator having P/N MA20A1001–
                                                  actuators having P/N MA20A1001–1                        actuators having P/N MA20A1001–1                       1 (Boeing P/N S343T003–39) and
                                                  (Boeing P/N S343T003–39) with MOV                       (Boeing P/N S343T003–39). The service                  replace it with an acceptable MOV
                                                  actuators having P/N MA30A1001                          information mandated by paragraph                      actuator part number. We have revised
                                                  (Boeing P/N S343T003–66) or                             (h)(3) of this proposed AD for Model                   paragraph (h) of this proposed AD to
                                                  MA20A2027 (Boeing P/N S343T003–                         767 airplanes addresses removal of                     clarify the use of that service
                                                  56). Boeing stated that the previously                  MOV actuators having P/N                               information relative to the removal of
                                                  released service bulletins are the type                 MA20A1001–1 (Boeing P/N S343T003–                      MOV actuators with P/N MA20A1001–
                                                  design to make the part change and                      39). We have revised this proposed AD                  1 (Boeing P/N S343T003–39). No other
                                                  should be referenced.                                   by including the text from the notes to                changes were made to this proposed AD
                                                    We do not agree with Boeing’s request                 paragraphs (h)(1), (h)(2), and (h)(3) of               regarding this issue.
                                                  to add a reference to Boeing Alert                      the proposed AD (in the NPRM) in the
                                                  Service Bulletin 757–28A0088, dated                                                                            Request for Part Number Clarification
                                                                                                          regulatory text of their respective
                                                  January 25, 2007, or Boeing Alert                       paragraphs in this proposed AD.                          SunExpress Airlines (SXS) stated that
                                                  Service Bulletin 737–28A1207, dated                                                                            paragraph (h) of AD 2016–04–20
                                                  February 15, 2007, both of which are                    Request for Clarification Regarding                    requires the replacement of an MOV
                                                  mandated by AD 2008–06–03; or Boeing                    Certain MOV Actuator Part Number                       actuator having P/N MA20A1001–1
                                                  Alert Service Bulletin 767–28A0090,                     Removal                                                (Boeing P/N S343T003–39) with a
                                                  dated July 3, 2008, which is mandated                      DAL requested that we clarify                       different serviceable, FAA-approved
                                                  by AD 2009–22–13, Amendment 39–                         whether the proposed AD (in the                        MOV actuator. SXS asserted that this
                                                  16066 (74 FR 55755, October 29, 2009).                  NPRM) would require removal of an                      requirement would conflict with
                                                  We infer that Boeing was expressing its                 MOV actuator having P/N MA20A1001–                     paragraph (h) of the proposed AD (in the
                                                  concern that if an MOV actuator having                  1 (Boeing P/N S343T003–39). DAL                        NPRM) since MOV actuators having P/
                                                  P/N MA20A1001–1 (Boeing P/N                             stated that the notes to paragraphs                    N MA30A1001 (Boeing P/N S343T003–
                                                  S343T003–39) is found, that part                        (h)(1), (h)(2), and (h)(3) of the proposed             66) or MA20A2027 (Boeing P/N
                                                  number must be replaced by an MOV                       AD (in the NPRM) mention removal of                    S343T003–56) are required to be
                                                  actuator having P/N MA30A1001                           MOV actuators having P/N                               removed by paragraph (h) of the
                                                  (Boeing P/N S343T003–66) or                             MA20A1001–1 (Boeing P/N S343T003–                      proposed AD (in the NPRM) while those
                                                  MA20A2027 (Boeing P/N S343T003–56)                      39), but removal would not be mandated                 part numbers could be allowed for
                                                  in accordance with those previously                     in the proposed AD (in the NPRM).                      installation under paragraph (h) of AD
                                                  released service bulletins as an                           We agree that clarification is                      2016–04–20.
                                                  approved change to the type design.                     necessary. Removal of MOV actuators                      We infer that SXS is requesting part
                                                  Then, an MOV actuator having P/N                        having P/N MA20A1001–1 (Boeing P/N                     number clarification. There is no
                                                  MA30A1001 (Boeing P/N S343T003–66)                      S343T003–39) has been mandated by                      conflict between paragraph (h) of AD
                                                  or MA20A2027 (Boeing P/N S343T003–                      AD 2008–06–03 for certain Model 737                    2016–04–20 and paragraph (h) of this
                                                  56) must be replaced by an MOV                          and Model 757 airplanes and by AD                      proposed AD. Paragraph (h) of AD
                                                  actuator having an acceptable part                      2009–22–13 for certain Model 767                       2016–04–20 requires removal of MOV
                                                  number in accordance with the service                   airplanes. Those ADs did not cover                     actuators having P/N MA20A1001–1
                                                  information mandated by this proposed                   airplanes delivered with a later MOV                   (Boeing P/N S343T003–39). Paragraph
                                                  AD as an approved change to the type                    actuator part number. However, for                     (h) of this proposed AD would require
                                                  design.                                                 those airplanes not affected by the                    removal of MOV actuators having P/N
                                                    We consider it unnecessary to add a                   earlier ADs, the FAA discovered the                    MA20A1001 (Boeing P/N S343T003–66)
                                                  reference to Boeing Alert Service                       potential for operators to install MOV                 or MA20A2027 (Boeing P/N S343T003–
                                                  Bulletin 757–28A0088, dated January                     actuators having P/N MA20A1001–1                       56). The operators would comply with
                                                  25, 2007; Boeing Alert Service Bulletin                 (Boeing P/N 343T003–39) since there                    both paragraph (h) of AD 2016–04–20
                                                  737–28A1207, dated February 15, 2007;                   was no obvious prohibition of such                     and paragraph (h) of this proposed AD
                                                  or Boeing Alert Service Bulletin 767–                   installation, other than the                           by removing MOV actuators having P/N
                                                  8A0090, dated July 3, 2008. The type                    manufacturer’s proprietary drawings                    MA20A1001–1 (Boeing P/N S343T003–
                                                  design change provided by the                           that would prohibit the installation. To               39), MA30A1001 (Boeing P/N
                                                  previously released service information                 address this issue, we issued AD 2016–                 S343T003–66), and MA20A2027
                                                  discussed above is addressed under AD                   04–20, Amendment 39–18414 (81 FR                       (Boeing P/N S343T003–56), and
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                                                  2008–06–03 and AD 2009–22–13, and                       10460, March 1, 2016) (‘‘AD 2016–04–                   replacing those part numbers with an
                                                  incorporation of that type design change                20’’), to prohibit the installation of MOV             acceptable MOV actuator part number,
                                                  should have been completed for                          actuators having P/N MA20A1001–1                       such as P/N MA30A1017 (Boeing P/N
                                                  airplanes affected by those two ADs. In                 (Boeing P/N S343T003–39) on all                        S343T003–76).
                                                  addition, this proposed AD covers the                   affected models including future                         We agree that AD 2016–04–20 does
                                                  airplanes affected by AD 2008–06–03                     delivery airplanes. For airplanes                      not specifically prohibit the installation
                                                  and AD 2009–22–13 as well as those                      affected by AD 2008–06–03 or AD 2009–                  of MOV actuators having P/N
                                                  that are not. The notes to paragraphs                   22–13, we consider that it is unlikely to              MA30A1001 or P/N MA20A2027. This


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                                                  14212                     Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules

                                                  proposed AD includes more specific                      2013. But the inspection specified in                  Data (MPD) Document or Special
                                                  provisions that would prohibit the                      AWL No. 28–AWL–24 is not due until                     Compliance Items and Airworthiness
                                                  installation of certain MOV actuators,                  six years after the accomplishment of                  Limitations (SCI/AWL) document at the
                                                  including those having P/N                              Boeing Alert Service Bulletin 737–                     revision levels specified in paragraph
                                                  MA30A1001 and P/N MA20A2027, in                         28A1207, dated February 15, 2007, as                   (i)(1) or (n)(3) of this proposed AD
                                                  place of certain other MOV actuators.                   mandated by paragraph (g) of AD 2008–                  (paragraph (i)(1) or (k)(2), respectively,
                                                  While there is no conflict between the                  06–03, or Boeing Service Bulletin 737–                 of the proposed AD (in the NPRM)). For
                                                  requirements in this proposed AD and                    28A1207, Revision 1, dated April 19,                   such operators, paragraph (i)(1) of this
                                                  AD 2016–04–20, we acknowledge that                      2010, which was approved as an AMOC                    proposed AD provides a grace period of
                                                  this proposed AD includes those more                    to paragraph (g) of AD 2008–06–03.                     30 days for incorporation of applicable
                                                  specific provisions. We have not                        Therefore, accomplishment of the                       AWLs into their maintenance or
                                                  changed this proposed AD regarding                      inspection specified in AWL No. 28–                    inspection program, as applicable.
                                                  this issue.                                             AWL–24 may not occur on all affected                   When we approved Boeing Special
                                                                                                          airplanes prior to April 16, 2019, which               Attention Service Bulletin 757–28–
                                                  Request To Mandate a Fuel Leak Check
                                                                                                          is six years after all affected airplanes              0138, dated May 18, 2016, and Revision
                                                     UAL suggested that we revise the                     would had to have accomplished the                     1, dated June 19, 2017, and Boeing
                                                  proposed AD (in the NPRM) to mandate                    actions of AD 2008–06–03, as discussed                 Service Bulletin 767–28–0115, dated
                                                  a fuel leak check of the engine fuel                    above. Thus, a ‘‘previous inspection’’                 September 10, 2015, and Revision 1,
                                                  shutoff valves per the applicable aircraft              may not have occurred on certain                       dated June 2, 2016, we required
                                                  maintenance manual (AMM) during the                     affected airplanes.                                    incorporation of applicable AWLs as
                                                  modification specified in paragraphs                       We have therefore revised paragraph                 part of AMOC approval for AD 2008–
                                                  (h)(1), (h)(2), and (h)(3) of the proposed              (i)(1) of this proposed AD to specify that             06–03 (Model 757) and AD 2009–22–13
                                                  AD (in the NPRM).                                       the initial compliance time for                        (Model 767). This requirement is
                                                     We do not agree with UAL’s request.                  accomplishing the actions required by                  specified in the Approval section of
                                                  We consider that operators would                        AWL No. 28–AWL–24 is within 6 years                    those service bulletins. Therefore, any
                                                  perform pertinent functional or                         since the most recent inspection was                   operator who has accomplished any of
                                                  operational checks recommended in the                   performed in accordance with AWL No.                   those service bulletins prior to the
                                                  AMM during the modification specified                   28–AWL–24, or within 6 years since the                 effective date of the AD should have
                                                  in paragraphs (h)(1), (h)(2), and (h)(3) of             accomplishment of the actions specified                already incorporated applicable AWLs
                                                  this proposed AD, as operators would                    in Boeing Alert Service Bulletin 737–                  into their maintenance or inspection
                                                  typically perform during maintenance                    28A1207, dated February 15, 2007,                      program, and it is unnecessary to have
                                                  activities. We consider that proper                     whichever occurs later. We have revised                a grace period in paragraphs (i)(2) and
                                                  installation would be ensured even if a                 paragraph (i)(2) of this proposed AD in                (i)(3) of this proposed AD. We have not
                                                  fuel leak check of the engine fuel shutoff              a similar manner to address the same                   changed this proposed AD regarding
                                                  valves would not be specifically                        issue associated with AWL No. 28–                      this issue.
                                                  mandated by this proposed AD. We                        AWL–25 for Model 757 airplanes.
                                                  have not changed this proposed AD                                                                              Request To Use Later-Approved Service
                                                                                                          Request To Delete 30-Day Compliance                    Information
                                                  regarding this issue.
                                                                                                          Time in Paragraph (i)(1) of the                           ANA requested that we revise
                                                  Request To Clarify Compliance Time in                   Proposed AD                                            paragraph (i) of the proposed AD (in the
                                                  Paragraph (i)(1) of the Proposed AD                        EASA suggested that we delete the                   NPRM) to allow operators to use a later
                                                     SWA requested that we clarify the                    grace period (‘‘or within 30 days after                revision of the Airworthiness
                                                  initial compliance time specified under                 the effective date of this AD, whichever               Limitations section of the Instructions
                                                  paragraph (i)(1) of the proposed AD (in                 is later’’) from paragraph (i)(1) of the               for Continued Airworthiness: Section 9
                                                  the NPRM): 6 years from ‘‘the previous’’                proposed AD (in the NPRM). EASA                        of the Boeing Maintenance Planning
                                                  inspection.                                             stated that this compliance time is                    Data (MPD) Document or Boeing SCI/
                                                     We agree to provide clarification, as                unnecessary since a time ‘‘prior to or                 AWL document.
                                                  well as a change to paragraph (i)(1) of                 concurrently with the actions required                    We do not agree with ANA’s request.
                                                  this proposed AD. The initial                           by paragraph (h)(1)’’ will always be later             We cannot use the phrase ‘‘or later FAA-
                                                  compliance time (in the NPRM) was                       than ‘‘within 30 days’’ after the effective            approved revisions,’’ in an AD when
                                                  based on the assumption that the                        date. EASA also noted that the 30-day                  referring to the service document
                                                  inspection specified in AWL No. 28–                     compliance time does not appear in                     because doing so violates Office of the
                                                  AWL–24 for Model 737–600, –700,                         paragraphs (i)(2) and (i)(3) of the                    Federal Register (OFR) regulations for
                                                  –700C, –800, –900, and –900ER                           proposed AD (in the NPRM).                             approval of materials incorporated by
                                                  airplanes would have been                                  We do not agree with EASA’s request.                reference (see 1 CFR 51.1(f)). We are
                                                  accomplished at least once on all                       When we approved Boeing Service                        required to either publish the service
                                                  affected airplanes before the effective                 Bulletin 737–28–1314, dated November                   document contents as part of the actual
                                                  date of the AD.                                         17, 2014, which is referenced in                       (regulatory) AD language; or submit the
                                                     However, we determined this                          paragraphs (g)(1) and (h)(1) of this                   service document to the OFR for
                                                  assumption to be incorrect.                             proposed AD, we did not require                        approval as referenced material, in
                                                  Incorporation of AWL No. 28–AWL–24                      incorporation of applicable AWLs into                  which case we may only refer to such
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                                                  is mandated by paragraph (h)(1) of AD                   the maintenance or inspection program                  material in the text of an AD. The AD
                                                  2008–06–03. This action is required to                  as part of the service information                     may refer to the service document only
                                                  be done concurrently with the actions                   approval. Therefore, operators who have                if the OFR approved it for incorporation
                                                  specified in paragraph (g) of AD 2008–                  already accomplished Boeing Service                    by reference. To allow operators to use
                                                  06–03. The actions required by                          Bulletin 737–28–1314, dated November                   later revisions of the referenced
                                                  paragraphs (g) and (h)(1) of AD 2008–                   17, 2014, may not have incorporated                    document (issued after publication of
                                                  06–03 should have been accomplished                     applicable AWLs that are provided in                   the AD), either we must revise this
                                                  on all affected airplanes before April 16,              Section 9 of the Maintenance Planning                  proposed AD to refer to specific later


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                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                               14213

                                                  revisions, or operators must request                    Request for Part Intermix Credit                       all acceptable earlier revisions at the
                                                  approval to use later revisions as an                                                                          time the NPRM was published.
                                                  AMOC to this AD under the provisions                       SXS requested that we add credit for                   Since the publication of the NPRM,
                                                  of paragraph (o) of this proposed AD.                   intermixed part usage until the AD                     Boeing released a new SCI/AWL
                                                  We have not changed this proposed AD                    compliance due date. SXS stated that                   revision: Boeing 737–600/700/700C/
                                                  regarding this issue.                                   within the 8-year compliance time, the                 800/900/900ER Special Compliance
                                                                                                          new MOV actuators may be installed at                  Items/Airworthiness Limitations,
                                                  Request To Limit Applicability                          affected locations while the MOV                       D626A001–9–04, Revision January
                                                     DAL, Solaseed Air, and SWA                           actuators that are to be removed remain                2017. We have revised paragraphs
                                                  requested that we clarify paragraph                     installed at other affected locations.                 (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this
                                                  (i)(1) of the proposed AD (in the NPRM),                   We infer that SXS is requesting us to               proposed AD to identify this latest
                                                  or that we revise that paragraph to limit               clarify the intermixed part usage during               revision, and provided credit for Boeing
                                                  the affected airplanes. The commenters                  the AD compliance time. We agree to                    737–600/700/700C/800/900/900ER
                                                  stated that AWL No. 28–AWL–24,                          provide clarification regarding this                   Special Compliance Items/
                                                  specified under paragraph (i)(1)(iii) of                matter. Operators may install acceptable               Airworthiness Limitations, D626A001–
                                                  the proposed AD (in the NPRM), is                       MOV actuators having part numbers                      9–04, Revision September 2016, in
                                                  limited to line numbers 1 through 1980                  specified in paragraph (h) of this                     paragraph (n)(3) of this proposed AD
                                                  and 1982, but paragraph (i)(1) of the                   proposed AD at any affected locations                  (which was paragraph (k)(2) of the
                                                  proposed AD (in the NPRM) would                         while keeping MOV actuators having P/                  proposed AD (in the NPRM)).
                                                  require incorporation of this specific                  N MA30A1001 (Boeing P/N S343T003–
                                                  AWL for all airplanes identified in                                                                            Request To Revise Paragraph
                                                                                                          66) or MA20A2027 (Boeing P/N                           References
                                                  paragraph (c)(1) of the proposed AD (in                 S343T003–56) installed at other affected
                                                  the NPRM). SWA also stated that the                     locations during the AD compliance                        UAL requested that we revise
                                                  effectivity of AWL No. 28–AWL–22 is                     time. However, for airplanes with this                 paragraph (k)(4) of the proposed AD (in
                                                  defined by MOV actuator part numbers.                   intermixed part configuration, credit is               the NPRM) to refer to paragraph (i)(3)(i)
                                                     We agree that clarification is                       not allowed for compliance with                        of the proposed AD (in the NPRM),
                                                  necessary. Paragraph (i) of this proposed               paragraph (h) of this proposed AD.                     instead of paragraph (i)(3) of the
                                                  AD would not require compliance with                    Credit for compliance with paragraph                   proposed AD (in the NPRM). UAL also
                                                  the AWLs specified in that paragraph.                   (h) of this proposed AD can be taken                   suggested that we revise paragraph
                                                  Instead, paragraph (i) of this proposed                 only after the installation of acceptable              (k)(5) of the proposed AD (in the NPRM)
                                                  AD would require the operators to                       MOV actuator part numbers at all                       to add credit for the revisions of the
                                                  revise their maintenance or inspection                  affected locations specified in paragraph              SCI/AWL document that are identified
                                                  program, as applicable, by incorporating                (h) of this proposed AD. Furthermore,                  in paragraph (k)(4) of the proposed AD
                                                  those AWLs. Once the AWLs are                           once an acceptable MOV actuator part                   (in the NPRM).
                                                  incorporated into the maintenance or                    number is installed at any affected                       We do not agree with UAL’s requests.
                                                  inspection program, compliance with                     location, paragraph (l) of this proposed               Paragraph (n)(5) of this proposed AD
                                                  the AWLs is required by 14 CFR 43.16                                                                           (which was paragraph (k)(4) in the
                                                                                                          AD would prohibit the replacement of
                                                  and 91.403(c). The effectivity of each                                                                         proposed AD (in the NPRM)) refers to
                                                                                                          that MOV actuator part number with an
                                                  AWL is specified in the Applicability                                                                          paragraph (i)(3) of this proposed AD,
                                                                                                          MOV actuator having P/N MA30A1001
                                                  section of the AWL. AWL No. 28–AWL–                                                                            which includes paragraphs (i)(3)(i) and
                                                                                                          (Boeing P/N S343T003–66) or
                                                  24, required by paragraph (i)(1)(iii) of                                                                       (i)(3)(ii) of this proposed AD. The
                                                                                                          MA20A2027 (Boeing P/N S343T003–
                                                  this proposed AD, applies to line                                                                              revisions of the SCI/AWL document that
                                                                                                          56). We have not changed this proposed
                                                  numbers 1 through 1980 and 1982. For                                                                           the commenter requested to be added
                                                                                                          AD regarding this issue.
                                                  any airplane outside this applicability,                                                                       under paragraph (n)(6) of this proposed
                                                  there is no maintenance action                          Request To Specify Earlier Service                     AD (which was paragraph (k)(5) in the
                                                  associated with this specific AWL.                      Information and New Service                            proposed AD (in the NPRM)) are already
                                                  Therefore, we consider that                             Information                                            identified in paragraph (n)(5) of this
                                                  incorporation of AWL No. 28–AWL–24                                                                             proposed AD as credit for the AWL
                                                  as specified by paragraph (i)(1)(iii) of                   Boeing requested that we revise
                                                                                                                                                                 identified in paragraph (i)(3)(ii) of this
                                                  this proposed AD does not impose an                     paragraph (k)(2) of the proposed AD (in
                                                                                                                                                                 proposed AD. Paragraph (n)(6) of this
                                                  extra burden on operators. Furthermore,                 the NPRM) to refer to all previously
                                                                                                                                                                 proposed AD identifies an additional
                                                  incorporation of AWL No. 28–AWL–24                      released MPD Documents and SCIs that
                                                                                                                                                                 revision of the SCI/AWL document that
                                                  would invoke appropriate maintenance                    include the AWLs listed in paragraph
                                                                                                                                                                 is acceptable for the AWL required by
                                                  actions if an operator acquires an                      (i)(1) of the proposed AD (in the NPRM).
                                                                                                                                                                 paragraph (i)(3)(ii) of this proposed AD.
                                                  airplane in the future that falls under                 The commenter stated that the current
                                                                                                                                                                 We have not changed this proposed AD
                                                  the effectivity of that AWL. Because of                 list misses the most recent SCI/AWL
                                                                                                                                                                 regarding this issue.
                                                  those reasons, we disagree to limit the                 revision, Revision September 2016. The
                                                  airplanes affected by paragraph (i)(1) of               commenter also stated that a new SCI/                  Effect of Winglets on Accomplishment
                                                  this proposed AD.                                       AWL revision is in work and should be                  of the Proposed Actions
                                                     Regarding AWL No. 28–AWL–22                          referenced in the AD.                                     Aviation Partners Boeing stated that
                                                  mentioned by SWA, the AWL applies to                       We partially agree with Boeing’s                    the installation of winglets per
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                                                  all Model 737–600, –700, –700C, –800,                   requests. Revision September 2016 was                  Supplemental Type Certificate (STC)
                                                  –900, and –900ER series airplanes, but                  the latest revision at the time the NPRM               ST00830SE, ST01518SE, or ST01920SE
                                                  the conditions specified in this AWL                    was published. Therefore, it was                       does not affect the accomplishment of
                                                  must be met by the MOV actuator part                    identified under paragraphs (i)(1)(i),                 the manufacturer’s service instructions.
                                                  numbers specified in the applicability                  (i)(1)(ii), and (i)(1)(iii), instead of                   We agree that STC ST00830SE,
                                                  note. For the same rationale as noted                   paragraph (k)(2), of the proposed AD (in               ST01518SE, or ST01920SE does not
                                                  above, we have not changed this                         the NPRM). Paragraph (k)(2) of the                     affect the accomplishment of the
                                                  proposed AD regarding this issue.                       proposed AD (in the NPRM) identified                   manufacturer’s service instructions.


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                                                  14214                     Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules

                                                  Therefore, the installation of STC                       tank ignition prevention on Model 757                     the service information described
                                                  ST00830SE, ST01518SE, or ST01920SE                       airplanes.                                                previously.
                                                  does not affect the ability to accomplish                   • Boeing Service Bulletin 767–28–
                                                                                                                                                                       This proposed AD would also provide
                                                  the actions that would be required by                    0115, Revision 1, dated June 2, 2016,
                                                                                                                                                                     terminating action for all certain actions
                                                  this proposed AD. We have not changed                    describes procedures for installing new
                                                                                                           MOV actuators of the fuel shutoff valves                  required by AD 2015–19–04, AD 2015–
                                                  this proposed AD regarding this issue.
                                                                                                           for the left and right engines, and of the                21–09, and AD 2015–21–10, as
                                                  Related Service Information Under 1                      APU fuel shutoff valve, on Model 767                      explained above, under ‘‘Requests to
                                                  CFR Part 51                                              airplanes.                                                Terminate Other ADs.’’
                                                    We reviewed the following service                         • Boeing 767 Special Compliance                          This proposed AD would also require
                                                  information.                                             Items/Airworthiness Limitations,                          revisions to certain operator
                                                    • Boeing Service Bulletin 737–28–                      D622T001–9–04, Revision June 2016,                        maintenance documents to include new
                                                  1314, dated November 17, 2014,                           describes AWLs for fuel tank ignition                     actions (e.g., inspections). Compliance
                                                  describes procedures for installing new                  prevention on Model 767 airplanes.                        with these actions would be required by
                                                  MOV actuators of the fuel shutoff valves                    This service information is reasonably                 14 CFR 43.16 and 91.403(c). For
                                                  for the left and right engines on Model                  available because the interested parties
                                                                                                                                                                     airplanes that have been previously
                                                  737–600, –700, –700C, –800, –900, and                    have access to it through their normal
                                                  –900ER series airplanes.                                                                                           modified, altered, or repaired in the
                                                                                                           course of business or by the means
                                                    • Boeing 737–600/700/700C/800/900/                                                                               areas addressed by this proposed AD,
                                                                                                           identified in the ADDRESSES section.
                                                  900ER Special Compliance Items/                                                                                    the operator may not be able to
                                                  Airworthiness Limitations, D626A001–                     FAA’s Determination                                       accomplish the actions described in the
                                                  9–04, Revision January 2017, describes                      We are proposing this AD because we                    revisions. In this situation, to comply
                                                  AWLs for fuel tank ignition prevention                   evaluated all the relevant information                    with 14 CFR 91.403(c), the operator
                                                  on Model 737–600, –700, –700C, –800,                     and determined the unsafe condition                       must request approval for an alternative
                                                  –900, and –900ER series airplanes.                       described previously is likely to exist or                method of compliance according to
                                                    • Boeing Special Attention Service                     develop in other products of the same                     paragraph (o) of this proposed AD. The
                                                  Bulletin 757–28–0138, Revision 1, dated                  type designs. Certain changes described                   request should include a description of
                                                  June 19, 2017, describes procedures for                  above expand the scope of the NPRM.                       changes to the required inspections that
                                                  installing new MOV actuators of the fuel                 As a result, we have determined that it                   will ensure the continued operational
                                                  shutoff valves for the left and right                    is necessary to reopen the comment                        safety of the airplane.
                                                  engines, and of the APU fuel shutoff                     period to provide additional
                                                  valve, on Model 757 airplanes.                           opportunity for the public to comment                     Costs of Compliance
                                                    • Boeing 757 Maintenance Planning                      on this SNPRM.
                                                  Data (MPD) Document, Section 9,                                                                                       We estimate that this proposed AD
                                                  Airworthiness Limitations (AWLs) and                     Proposed Requirements of This                             affects 2,574 airplanes of U.S. registry.
                                                  Certification Maintenance Requirements                   Proposed AD                                               We estimate the following costs to
                                                  (CMRs), D622N001–9, Revision                               This proposed AD would require                          comply with this proposed AD:
                                                  February 2017, describes AWLs for fuel                   accomplishing the actions specified in

                                                                                                                         ESTIMATED COSTS
                                                                                                                                                                                          Cost per              Cost on U.S.
                                                                      Action                                            Labor cost                            Parts cost                  product                operators

                                                  Inspection and replacement Model             737     Up to 6 work-hours ×      $85 per hour = Up        Up to $12,000 ...          Up to $12,510 ..          Up to
                                                    (1,440 airplanes).                                   to $510.                                                                                                $18,014,400.
                                                  Inspection and replacement Model             757     Up to 9 work-hours ×      $85 per hour = Up        Up to $18,000 ..           Up to $18,765 ..          Up to
                                                    (675 airplanes).                                     to $765.                                                                                                $12,666,375.
                                                  Inspection and replacement Model             767     Up to 9 work-hours ×      $85 per hour = Up        Up to $18,000 ..           Up to $18,765 ..          Up to
                                                    (442 airplanes).                                     to $765.                                                                                                $8,294,130.
                                                  Maintenance or inspection program           revi-    1 work-hour × $85 per    hour = $85 ............   $0 .....................   $85 ...................   $218,790.
                                                    sion (2,574 airplanes).



                                                  Authority for This Rulemaking                            for practices, methods, and procedures                    this transition period, the Executive
                                                     Title 49 of the United States Code                    the Administrator finds necessary for                     Director has delegated the authority to
                                                  specifies the FAA’s authority to issue                   safety in air commerce. This regulation                   issue ADs applicable to transport
                                                  rules on aviation safety. Subtitle I,                    is within the scope of that authority                     category airplanes to the Director of the
                                                  section 106, describes the authority of                  because it addresses an unsafe condition                  System Oversight Division.
                                                  the FAA Administrator. ‘‘Subtitle VII:                   that is likely to exist or develop on
                                                                                                           products identified in this rulemaking                    Regulatory Findings
                                                  Aviation Programs’’ describes in more
                                                  detail the scope of the Agency’s                         action.
                                                                                                                                                                       We determined that this proposed AD
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                                                  authority.                                                  This proposed AD is issued in                          would not have federalism implications
                                                     We are issuing this rulemaking under                  accordance with authority delegated by                    under Executive Order 13132. This
                                                  the authority described in Subtitle VII,                 the Executive Director, Aircraft
                                                                                                                                                                     proposed AD would not have a
                                                  Part A, Subpart III, Section 44701:                      Certification Service, as authorized by
                                                                                                                                                                     substantial direct effect on the States, on
                                                  ‘‘General requirements.’’ Under that                     FAA Order 8000.51C. In accordance
                                                                                                                                                                     the relationship between the national
                                                  section, Congress charges the FAA with                   with that order, issuance of ADs is
                                                  promoting safe flight of civil aircraft in               normally a function of the Compliance                     Government and the States, or on the
                                                  air commerce by prescribing regulations                  and Airworthiness Division, but during                    distribution of power and



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                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                                  14215

                                                  responsibilities among the various                      (d) Subject                                            Bulletin 737–28–1314, dated November 17,
                                                  levels of government.                                     Air Transport Association (ATA) of                   2014, for replacing MOV actuators having
                                                                                                          America Code 28; Fuel.                                 Boeing P/N S343T003–66 or Boeing P/N
                                                    For the reasons discussed above, I                                                                           S343T003–56 may be used for replacing
                                                  certify this proposed regulation:                       (e) Unsafe Condition                                   MOV actuators having P/N MA20A1001–1
                                                    (1) Is not a ‘‘significant regulatory                    This AD was prompted by reports of                  (Boeing P/N S343T003–39).
                                                  action’’ under Executive Order 12866,                   latently failed motor-operated valve (MOV)                (2) For airplanes identified in paragraph
                                                    (2) Is not a ‘‘significant rule’’ under               actuators of the fuel shutoff valves. We are           (c)(2) of this AD on which any MOV actuator
                                                                                                          issuing this AD to prevent a latent failure of         having P/N MA20A2027 or P/N MA30A1001
                                                  the DOT Regulatory Policies and                                                                                (Boeing P/N S343T003–56 or Boeing P/N
                                                  Procedures (44 FR 11034, February 26,                   the actuator for the engine or auxiliary power
                                                                                                          unit (APU) fuel shutoff valves, which could            S343T003–66, respectively) is found during
                                                  1979),                                                  result in the inability to shut off fuel to the        the inspection required by paragraph (g)(2) of
                                                    (3) Will not affect intrastate aviation               engine or the APU, and, in case of certain             this AD: Within 8 years after the effective
                                                  in Alaska, and                                          engine or APU fires, could result in structural        date of this AD, replace each affected MOV
                                                                                                          failure.                                               actuator with an MOV actuator having P/N
                                                    (4) Will not have a significant
                                                                                                                                                                 MA30A1017 (Boeing P/N S343T003–76), P/N
                                                  economic impact, positive or negative,                  (f) Compliance                                         AV–31–1 (Boeing P/N S343T003–111), or
                                                  on a substantial number of small entities                  Comply with this AD within the                      P/N MA11A1265–1 (Boeing P/N S343T003–
                                                  under the criteria of the Regulatory                    compliance times specified, unless already             41), in accordance with the Accomplishment
                                                  Flexibility Act.                                        done.                                                  Instructions of SB 757–28–0138 R1. Where
                                                                                                                                                                 SB 757–28–0138 R1, specifies the installation
                                                  List of Subjects in 14 CFR Part 39                      (g) Inspection To Determine Part Number                of a new MOV actuator, this AD allows the
                                                                                                          (P/N)                                                  installation of a new or serviceable MOV
                                                    Air transportation, Aircraft, Aviation
                                                  safety, Incorporation by reference,                        (1) For Model 737–600, –700, –700C, –800,           actuator. While not required by this AD, the
                                                                                                          –900, and –900ER series airplanes: Within 8            Accomplishment Instructions specified in SB
                                                  Safety.                                                 years after the effective date of this AD, do          757–28–0138 R1 for replacing MOV actuators
                                                  The Proposed Amendment                                  an inspection to determine the part numbers            having Boeing P/N S343T003–66 or Boeing
                                                                                                          of the MOV actuators of the fuel shutoff               P/N S343T003–56 may be used for replacing
                                                    Accordingly, under the authority                      valves for the left and right engines, in              MOV actuators having P/N MA20A1001–1
                                                  delegated to me by the Administrator,                   accordance with the Accomplishment                     (Boeing P/N S343T003–39).
                                                  the FAA proposes to amend 14 CFR part                   Instructions of Boeing Service Bulletin 737–              (3) For airplanes identified in paragraph
                                                  39 as follows:                                          28–1314, dated November 17, 2014. A review             (c)(3) of this AD on which any MOV actuator
                                                                                                          of airplane maintenance records is acceptable          having P/N MA20A2027 (Boeing P/N
                                                  PART 39—AIRWORTHINESS                                   in lieu of this inspection if the part number          S343T003–56) or P/N MA30A1001 (Boeing
                                                  DIRECTIVES                                              of the MOV actuator at each location can be            P/N S343T003–66) is found during the
                                                                                                          conclusively determined from that review.              inspection required by paragraph (g)(2) of
                                                                                                             (2) For airplanes identified in paragraphs          this AD: Within 8 years after the effective
                                                  ■ 1. The authority citation for part 39                 (c)(2) and (c)(3) of this AD: Within 8 years           date of this AD, replace each affected MOV
                                                  continues to read as follows:                           after the effective date of this AD, do an             actuator with an MOV actuator having P/N
                                                      Authority: 49 U.S.C. 106(g), 40113, 44701.          inspection to determine the part numbers of            MA30A1017 (Boeing P/N S343T003–76), P/N
                                                                                                          the MOV actuators of the fuel shutoff valves           AV–31–1 (Boeing P/N S343T003–111), P/N
                                                  § 39.13   [Amended]                                     for the left and right engines, and of the APU         MA11A1265 (Boeing P/N S343T003–14), or
                                                  ■ 2. The FAA amends § 39.13 by adding                   fuel shutoff valve, in accordance with the             P/N MA11A1265–1 (Boeing
                                                                                                          Accomplishment Instructions of Boeing                  P/N S343T003–41), in accordance with the
                                                  the following new airworthiness
                                                                                                          Special Attention Service Bulletin 757–28–             Accomplishment Instructions of SB 767–28–
                                                  directive (AD):                                         0138, Revision 1, dated June 19, 2017 (‘‘SB            0115 R1. Where SB 767–28–0115 R1,
                                                  The Boeing Company: Docket No. FAA–                     757–28–0138 R1’’); or Boeing Service                   specifies the installation of a new MOV
                                                      2017–0127; Product Identifier 2016–                 Bulletin 767–28–0115, Revision 1, dated June           actuator, this AD allows the installation of a
                                                      NM–161–AD.                                          2, 2016 (‘‘SB 767–28–0115 R1’’); as                    new or serviceable MOV actuator. While not
                                                                                                          applicable. A review of airplane maintenance           required by this AD, the Accomplishment
                                                  (a) Comments Due Date                                   records is acceptable in lieu of this                  Instructions specified in SB 767–28–0115 R1,
                                                    We must receive comments by May 18,                   inspection if the part number of the MOV               for replacing MOV actuators having Boeing
                                                  2018.                                                   actuator at each location can be conclusively          P/N S343T003–66 or Boeing P/N S343T003–
                                                                                                          determined from that review.                           56 may be used for replacing MOV actuators
                                                  (b) Affected ADs                                                                                               having P/N MA20A1001–1 (Boeing P/N
                                                                                                          (h) Replacement                                        S343T003–39).
                                                    This AD affects AD 2015–21–09,
                                                  Amendment 39–18302 (80 FR 65121, October                  (1) For Model 737–600, –700, –700C, –800,
                                                                                                          –900, and –900ER series airplanes on which             (i) Maintenance or Inspection Program
                                                  26, 2015) (‘‘AD 2015–21–09’’); AD 2015–19–
                                                                                                          any MOV actuator having P/N MA20A2027                  Revision
                                                  04, Amendment 39–18267, (80 FR 55505,
                                                  September 16, 2015) (‘‘AD 2015–19–04’’);                or P/N MA30A1001 (Boeing P/N S343T003–                    (1) For Model 737–600, –700, –700C, –800,
                                                  and AD 2015–21–10, Amendment 39–18303                   56 or Boeing P/N S343T003–66,                          –900, and –900ER series airplanes with an
                                                  (80 FR 65130, October 26, 2015) (‘‘AD 2015–             respectively), is found during the inspection          original certificate of airworthiness or
                                                  21–10’’).                                               required by paragraph (g)(1) of this AD:               original export certificate of airworthiness
                                                                                                          Within 8 years after the effective date of this        issued on or before the effective date of this
                                                  (c) Applicability                                       AD, replace each affected MOV actuator with            AD: Prior to or concurrently with the actions
                                                     This AD applies to all The Boeing                    an MOV actuator having P/N MA30A1017                   required by paragraph (h)(1) of this AD or
                                                  Company airplanes, certificated in any                  (Boeing P/N S343T003–76), in accordance                within 30 days after the effective date of this
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                                                  category, identified in paragraphs (c)(1),              with the Accomplishment Instructions of                AD, whichever is later, revise the
                                                  (c)(2), and (c)(3) of this AD.                          Boeing Service Bulletin 737–28–1314, dated             maintenance or inspection program, as
                                                     (1) Model 737 series airplanes, excluding            November 17, 2014. Where Boeing Service                applicable, to add the airworthiness
                                                  Model 737–100, –200, –200C, –300, –400,                 Bulletin 737–28–1314, dated November 17,               limitations (AWLs) specified in paragraphs
                                                  and –500 series airplanes.                              2014, specifies the installation of a new MOV          (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD.
                                                     (2) Model 757–200, –200PF, –200CB, and               actuator, this AD allows the installation of a         The initial compliance time for
                                                  –300 series airplanes.                                  new or serviceable MOV actuator. While not             accomplishing the actions required by AWL
                                                     (3) Model 767–200, –300, –300F, and                  required by this AD, the Accomplishment                No. 28–AWL–24 is within 6 years since the
                                                  –400ER series airplanes.                                Instructions specified in Boeing Service               most recent inspection was performed in



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                                                  14216                     Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules

                                                  accordance with AWL No. 28–AWL–24, or                   inspection was performed in accordance with            of airworthiness issued on or before the
                                                  within 6 years since the actions specified in           AWL No. 28–AWL–25, or within 6 years                   effective date of this AD: Prior to or
                                                  Boeing Alert Service Bulletin 737–28A1207               since the actions specified in Boeing Alert            concurrently with the actions required by
                                                  were accomplished, whichever is later.                  Service Bulletin 757–28A0088 were                      paragraph (h)(3) of this AD, revise the
                                                     (i) AWL No. 28–AWL–21, MOV Actuator—                 accomplished, whichever is later.                      maintenance or inspection program, as
                                                  Lightning and Fault Current Protection                     (i) AWL No. 28–AWL–23, Motor Operated               applicable, to add the AWLs specified in
                                                  Electrical Bond, as specified in Boeing 737–            Valve (MOV) Actuator—Lightning and Fault               paragraphs (i)(3)(i) and (i)(3)(ii) of this AD.
                                                  600/700/700C/800/900/900ER Special                      Current Protection Electrical Bond, as                    (i) AWL No. 28–AWL–23, Motor Operated
                                                  Compliance Items/Airworthiness                          specified in Boeing 757 Maintenance                    Valve (MOV) Actuator—Lightning and Fault
                                                  Limitations, D626A001–9–04, Revision                    Planning Data (MPD) Document, Section 9,               Current Protection Electrical Bond, as
                                                  January 2017.                                           Airworthiness Limitations (AWLs) and                   specified in Boeing 767 Special Compliance
                                                     (ii) AWL No. 28–AWL–22, MOV                          Certification Maintenance Requirements                 Items/Airworthiness Limitations, D622T001–
                                                  Actuator—Electrical Design Feature, as                  (CMRs), D622N001–9, Revision February                  9–04, Revision June 2016.
                                                  specified in Boeing 737–600/700/700C/800/               2017.                                                     (ii) AWL No. 28–AWL–24, Motor Operated
                                                  900/900ER Special Compliance Items/                        (ii) AWL No. 28–AWL–24, Motor Operated              Valve (MOV) Actuator—Electrical Design
                                                  Airworthiness Limitations, D626A001–9–04,               Valve (MOV) Actuator—Electrical Design                 Feature, as specified in Boeing 767 Special
                                                  Revision January 2017.                                  Feature, as specified in Boeing 757                    Compliance Items/Airworthiness
                                                     (iii) AWL No. 28–AWL–24, Valve MOV                   Maintenance Planning Data (MPD)                        Limitations, D622T001–9–04, Revision June
                                                  Actuator—Lightning and Fault Current                    Document, Section 9, Airworthiness                     2016.
                                                  Protection Electrical Bond, as specified in             Limitations (AWLs) and Certification
                                                                                                                                                                 (j) Maintenance or Inspection Program
                                                  Boeing 737–600/700/700C/800/900/900ER                   Maintenance Requirements (CMRs),
                                                                                                                                                                 Revision for Parts Installation Prohibition
                                                  Special Compliance Items/Airworthiness                  D622N001–9, Revision February 2017.
                                                  Limitations, D626A001–9–04, Revision                       (iii) AWL No. 28–AWL–25, Motor                         (1) For Model 737–600, –700, –700C, –800,
                                                  January 2017.                                           Operated Valve (MOV) Actuator—Lightning                –900, and –900ER series airplanes: After
                                                     (2) For airplanes identified in paragraph            and Fault Current Protection Electrical Bond,          accomplishing the actions required by
                                                  (c)(2) of this AD: Prior to or concurrently             as specified in Boeing 757 Maintenance                 paragraphs (g)(1), (h)(1), and (i)(1) of this AD,
                                                  with the actions required by paragraph (h)(2)           Planning Data (MPD) Document, Section 9,               as applicable, on all airplanes in an
                                                  of this AD, revise the maintenance or                   Airworthiness Limitations (AWLs) and                   operator’s fleet, and within 8 years after the
                                                  inspection program, as applicable, to add the           Certification Maintenance Requirements                 effective date of the AD, revise the
                                                  AWLs specified in paragraphs (i)(2)(i),                 (CMRs), D622N001–9, Revision February                  maintenance or inspection program, as
                                                  (i)(2)(ii), and (i)(2)(iii) of this AD. The initial     2017.                                                  applicable, by incorporating the AWL
                                                  compliance time for accomplishing the                      (3) For airplanes identified in paragraph           specified in figure 1 to paragraph (j)(1) of this
                                                  actions required by AWL No. 28–AWL–25 is                (c)(3) of this AD with an original certificate         AD.
                                                  within 6 years since the most recent                    of airworthiness or original export certificate        BILLING CODE 4910–13–P




                                                     (2) For airplanes identified in paragraph            airplanes in an operator’s fleet, and within 8         specified in figure 2 to paragraph (j)(2) of this
                                                  (c)(2) of this AD: After accomplishing the              years after the effective date of the AD, revise       AD.
                                                  actions required by paragraphs (g)(2), (h)(2),          the maintenance or inspection program, as
                                                  and (i)(2) of this AD, as applicable, on all            applicable, by incorporating the AWL
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                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                                 14217




                                                     (3) For airplanes identified in paragraph            airplanes in an operator’s fleet, and within 8         specified in figure 3 to paragraph (j)(3) of this
                                                  (c)(3) of this AD: After accomplishing the              years after the effective date of the AD, revise       AD.
                                                  actions required by paragraphs (g)(2), (h)(3),          the maintenance or inspection program, as
                                                  and (i)(3) of this AD, as applicable, on all            applicable, by incorporating the AWL




                                                     (4) For airplanes identified in paragraph            airworthiness certificate or the date of               program, as applicable, by incorporating the
                                                  (c)(1) of this AD, excluding Model 737–600,             issuance of the original export certificate of         AWL specified in figure 4 to paragraph (j)(4)
                                                  –700, –700C, –800, –900, and –900ER series              airworthiness, or within 30 days after the             of this AD.
                                                  airplanes: Within 30 days since the date of             effective date of this AD, whichever is later,
                                                  issuance of the original standard                       revise the maintenance or inspection
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                                                                                                                                                                                                                     EP03AP18.002</GPH>
                                                                                                                                                                                                                     EP03AP18.001</GPH>




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                                                  14218                     Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules




                                                  BILLING CODE 4910–13–C                                  accordance with the procedures specified in            P/N S343T003–41), or P/N MA30A1017
                                                  (k) No Alternative Actions, Intervals, and              paragraph (o) of this AD.                              (Boeing P/N S343T003–76) with an MOV
                                                  Critical Design Configuration Control                                                                          actuator having P/N MA30A1001 (Boeing P/
                                                                                                          (l) Parts Installation Prohibition
                                                  Limitations (CDCCLs)                                                                                           N S343T003–66) or P/N MA20A2027 (Boeing
                                                                                                             (1) For Model 737–600, –700, –700C, –800,           P/N S343T003–56) for the left engine and
                                                     (1) After the maintenance or inspection              –900, and –900ER series airplanes: As of the           right engine fuel shutoff valves and the APU
                                                  program has been revised as required by
                                                                                                          effective date of this AD, no person may               fuel shutoff valve.
                                                  paragraph (i) of this AD, no alternative
                                                                                                          replace an MOV actuator having P/N                        (3) For airplanes identified in paragraph
                                                  actions (e.g., inspections), intervals, or
                                                  CDCCLs, may be used unless the actions,                 MA30A1017 (Boeing P/N S343T003–76) with                (c)(3) of this AD: As of the effective date of
                                                  intervals, and CDCCLs are approved as an                an MOV actuator having P/N MA20A2027 or                this AD, no person may replace an MOV
                                                  alternative method of compliance (AMOC) in              P/N MA30A1001 (Boeing P/N S343T003–56                  actuator having P/N AV–31–1 (Boeing P/N
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                                                  accordance with the procedures specified in             or Boeing P/N S343T003–66, respectively) for           S343T003–111), P/N MA11A1265 (Boeing P/
                                                  paragraph (o) of this AD.                               the left engine and right engine fuel shutoff          N S343T003–14), P/N MA11A1265–1 (Boeing
                                                     (2) After the maintenance or inspection              valves.                                                P/N S343T003–41), or P/N MA30A1017
                                                  program has been revised as required by                    (2) For airplanes identified in paragraph           (Boeing P/N S343T003–76) with an MOV
                                                  paragraph (j) of this AD, no alternative                (c)(2) of this AD: As of the effective date of         actuator having P/N MA30A1001 (Boeing P/
                                                  actions (e.g., inspections), intervals, or              this AD, no person may replace an MOV                  N S343T003–66) or P/N MA20A2027 (Boeing
                                                  CDCCLs, may be used unless the actions,                 actuator having P/N AV–31–1 (Boeing P/N                P/N S343T003–56) for the left engine and
                                                  intervals, and CDCCLs are approved as an                S343T003–111), P/N MA11A1265 (Boeing P/                right engine fuel shutoff valves and the APU
                                                                                                                                                                                                                  EP03AP18.003</GPH>




                                                  alternative method of compliance (AMOC) in              N S343T003–14), P/N MA11A1265–1 (Boeing                fuel shutoff valve.



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                                                                            Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules                                                 14219

                                                     (4) For airplanes identified in paragraph            credit for the actions specified in paragraph          requirement is removed from that step or
                                                  (c)(1) of this AD, excluding Model 737–600,             (i)(2) of this AD if those actions were                substep. An AMOC is required for any
                                                  –700, –700C, –800, –900, and –900ER series              performed before the effective date of this AD         deviations to RC steps, including substeps
                                                  airplanes: As of the effective date of this AD,         using Boeing 757 Maintenance Planning Data             and identified figures.
                                                  no person may install an MOV actuator                   (MPD) Document, Section 9, Airworthiness                  (ii) Steps not labeled as RC may be
                                                  having P/N MA20A1001–1 (Boeing P/N                      Limitations (AWLs) and Certification                   deviated from using accepted methods in
                                                  S343T003–39) or replace an MOV actuator                 Maintenance Requirements (CMRs),                       accordance with the operator’s maintenance
                                                  with an MOV actuator having P/N                         D622N001–9, Revision January 2016, or                  or inspection program without obtaining
                                                  MA20A2027 or P/N MA30A1001 (Boeing                      Revision July 2016.                                    approval of an AMOC, provided the RC steps,
                                                  P/N S343T003–56 or Boeing P/N S343T003–                    (5) For airplanes identified in paragraph           including substeps and identified figures, can
                                                  66, respectively) for the left engine and right         (c)(3) of this AD with an original certificate         still be done as specified, and the airplane
                                                  engine fuel shutoff valves.                             of airworthiness or original export certificate        can be put back in an airworthy condition.
                                                  (m) Terminating Action                                  of airworthiness issued on or before the
                                                                                                          effective date of this AD, this paragraph              (p) Related Information
                                                     (1) For Model 737–600, –700, –700C, –800,            provides credit for the actions specified in              (1) For more information about this AD,
                                                  –900, and –900ER series airplanes:                      paragraph (i)(3) of this AD if those actions           contact Tak Kobayashi, Aerospace Engineer,
                                                  Accomplishing the actions required by                   were performed before the effective date of            Propulsion Branch, FAA, Seattle ACO
                                                  paragraph (j)(l) of this AD terminates the              this AD using Boeing 767 Special                       Branch, 2200 South 216th St., Des Moines,
                                                  requirements of paragraph (l)(1) of this AD             Compliance Items/Airworthiness                         WA 98198; phone and fax: 206–231–3553;
                                                  and all of the requirements of AD 2015–21–              Limitations, D622T001–9–04, Revision July              email: Takahisa.Kobayashi@faa.gov.
                                                  10.                                                     2015, Revision March 2016, Revision May                   (2) For service information identified in
                                                     (2) For airplanes identified in paragraph            2016, or Revision May 2016 R1.                         this AD, contact Boeing Commercial
                                                  (c)(2) of this AD: Accomplishing the action                (6) For airplanes identified in paragraph           Airplanes, Attention: Contractual & Data
                                                  required by paragraph (j)(2) of this AD                 (c)(3) of this AD with an original certificate         Services (C&DS), 2600 Westminster Blvd.,
                                                  terminates the requirements of paragraph                of airworthiness or original export certificate        MC 110–SK57, Seal Beach, CA 90740–5600;
                                                  (l)(2) of this AD and all of the requirements           of airworthiness issued on or before the               telephone: 562–797–1717; internet: https://
                                                  of AD 2015–19–04.                                       effective date of this AD, this paragraph              www.myboeingfleet.com. You may view this
                                                     (3) For airplanes identified in paragraph            provides credit for the actions specified in           referenced service information at the FAA,
                                                  (c)(3) of this AD: Accomplishing the action
                                                                                                          paragraph (i)(3)(ii) of this AD if those actions       Transport Standards Branch, 2200 South
                                                  required by paragraph (j)(3) of this AD
                                                                                                          were performed before the effective date of            216th St., Des Moines, WA. For information
                                                  terminates the requirements of paragraph
                                                                                                          this AD using Boeing 767 Special                       on the availability of this material at the
                                                  (l)(3) of this AD and all of the requirements
                                                                                                          Compliance Items/Airworthiness                         FAA, call 206–231–3195.
                                                  of AD 2015–21–09.
                                                                                                          Limitations, D622T001–9–04, Revision
                                                     (4) For airplanes identified in paragraph                                                                     Issued in Renton, Washington, on March 5,
                                                                                                          October 2014.
                                                  (c)(1) of this AD, excluding Model 737–600,                                                                    2018.
                                                  –700, –700C, –800, –900, and –900ER series              (o) Alternative Methods of Compliance                  Michael Kaszycki,
                                                  airplanes: Accomplishing the action required            (AMOCs)                                                Acting Director, System Oversight Division,
                                                  by paragraph (j)(4) of this AD terminates the
                                                                                                            (1) The Manager, Seattle ACO Branch,                 Aircraft Certification Service.
                                                  requirements of paragraph (l)(4) of this AD.
                                                                                                          FAA, has the authority to approve AMOCs                [FR Doc. 2018–05028 Filed 4–2–18; 8:45 am]
                                                  (n) Credit for Previous Actions                         for this AD, if requested using the procedures
                                                                                                                                                                 BILLING CODE 4910–13–P
                                                     (1) This paragraph provides credit for the           found in 14 CFR 39.19. In accordance with
                                                  actions specified in paragraph (g)(2) or (h)(2)         14 CFR 39.19, send your request to your
                                                  of this AD, as applicable, if those actions             principal inspector or local Flight Standards
                                                  were performed before the effective date of             District Office, as appropriate. If sending            DEPARTMENT OF HOMELAND
                                                  this AD using Boeing Special Attention                  information directly to the manager of the             SECURITY
                                                  Service Bulletin 757–28–0138, dated May 18,             certification office, send it to the attention of
                                                  2016.                                                   the person identified in paragraph (p)(1) of           Coast Guard
                                                     (2) This paragraph provides credit for the           this AD. Information may be emailed to: 9-
                                                  actions specified in paragraph (g)(2) or (h)(3)         ANM-Seattle-ACO-AMOC-Requests@faa.gov.                 33 CFR Part 100
                                                  of this AD, as applicable, if those actions               (2) Before using any approved AMOC,
                                                                                                          notify your appropriate principal inspector,           [Docket Number USCG–2018–0064]
                                                  were performed before the effective date of
                                                  this AD using Boeing Service Bulletin 767–              or lacking a principal inspector, the manager          RIN 1625–AA08
                                                  28–0115, dated September 10, 2015.                      of the local flight standards district office/
                                                     (3) For Model 737–600, –700, –700C, –800,            certificate holding district office.                   Special Local Regulations; Sector Ohio
                                                  –900, and –900ER series airplanes with an                 (3) An AMOC that provides an acceptable
                                                                                                          level of safety may be used for any repair,
                                                                                                                                                                 Valley Annual and Recurring Special
                                                  original certificate of airworthiness or                                                                       Local Regulations Update
                                                  original export certificate of airworthiness            modification, or alteration required by this
                                                  issued on or before the effective date of this          AD if it is approved by the Boeing                     AGENCY:   Coast Guard, DHS.
                                                  AD, this paragraph provides credit for the              Commercial Airplanes Organization
                                                  actions specified in paragraph (i)(1) of this           Designation Authorization (ODA) that has               ACTION:   Notice of proposed rulemaking.
                                                  AD if those actions were performed before               been authorized by the Manager, Seattle ACO
                                                                                                          Branch, to make those findings. To be                  SUMMARY:   The Coast Guard proposes to
                                                  the effective date of this AD using Boeing
                                                  737–600/700/700C/800/900/900ER Special                  approved, the repair method, modification              amend its special local regulations for
                                                  Compliance Items/Airworthiness                          deviation, or alteration deviation must meet           recurring marine parades, regattas, and
                                                  Limitations, D626A001–9–04, Revision July               the certification basis of the airplane, and the       other events in Coast Guard Sector Ohio
                                                  2016, or Revision September 2016; or Boeing             approval must specifically refer to this AD.           Valley. This rule, if adopted, would add
                                                  737–600/700/700C/800/900/900ER                            (4) For service information that contains            17 new recurring special local
nshattuck on DSK9F9SC42PROD with PROPOSALS




                                                  Maintenance Planning Data (MPD)                         steps that are labeled as Required for                 regulations, remove 9 special local
                                                  Document, Section 9, Airworthiness                      Compliance (RC), the provisions of                     regulations, and amend the event/
                                                  Limitations (AWLs) and Certification                    paragraphs (o)(4)(i) and (o)(4)(ii) of this AD
                                                                                                                                                                 sponsor, dates, and/or regulated areas
                                                  Maintenance Requirements (CMRs),                        apply.
                                                  D626A001–CMR, Revision October 2014,                      (i) The steps labeled as RC, including               for 48 recurring special local regulations
                                                  Revision November 2014, Revision January                substeps under an RC step and any figures              already listed in the current table. This
                                                  2015, or Revision April 2016.                           identified in an RC step, must be done to              action in necessary to protect spectators,
                                                     (4) For airplanes identified in paragraph            comply with the AD. If a step or substep is            participants, and vessels from the
                                                  (c)(2) of this AD, this paragraph provides              labeled ‘‘RC Exempt,’’ then the RC                     hazards associated with annual marine


                                             VerDate Sep<11>2014   14:20 Apr 02, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\03APP1.SGM   03APP1



Document Created: 2018-04-03 00:49:40
Document Modified: 2018-04-03 00:49:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
DatesThe comment period for the NPRM published in the Federal Register on March 9, 2017 (82 FR 13073), is reopened.
ContactTak 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]
FR Citation83 FR 14207 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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