[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14207-14219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05028]


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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


