[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14207-14219]
[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:<PHONE_NUMBER>.
     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.

    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:<PHONE_NUMBER>; 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<PHONE_NUMBER>. 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:<PHONE_NUMBER>; 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

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-

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

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

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

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.

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

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

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.

[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.

[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.

    (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:<PHONE_NUMBER>;
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:<PHONE_NUMBER>; 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<PHONE_NUMBER>.

    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 Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61641-61643]
[FR Doc No: 2011-25569]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0998; Directorate Identifier 2011-NM-046-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A319-111, -112, and -132
Airplanes; Model A320-111, -211, -212, -214 and -232 Airplanes; and
Model A321-111, -211, -212, and -231 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Cases of corrosion findings have been reported on the overwing
refueling aperture (used to fill the fuel tank by gravity) on the
wing top skin. * * *
* * * * *
    This condition, if not corrected, could, in combination with a
lightning strike in this area, create a source of ignition in a fuel
tank, possibly resulting in a fire or explosion and consequent loss
of the aeroplane.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 21,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; e-mail<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0998;
Directorate Identifier 2011-NM-046-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0034, dated March 2, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Cases of corrosion findings have been reported on the overwing
refueling aperture (used to fill the fuel tank by gravity) on the
wing top skin. The reported corrosion was on the mating surface of
the aperture flange, underneath the refuel adaptor. Corrosion
findings have been repaired on a case by case basis in accordance
with approved data.
    For certain aeroplanes (identified by MSN in the applicability
section of this AD), the provided repair contained instructions to
apply primer coating on the mating surface. Since doing those
repairs, it has been found that this primer coating may prevent
proper electrical bonding provision between the overwing refuelling
cap adaptor and the wing skin.
    This condition, if not corrected, could, in combination with a
lightning strike in this area, create a source of ignition in a fuel
tank, possibly resulting in a fire or explosion and consequent loss
of the aeroplane.
    For the reasons described above, this AD requires a one-time
electrical bonding check between the gravity fill re-fuel adaptor
and the top skin panels on the affected aeroplanes and, in case of
findings [a general visual inspection for corrosion of the component
interface and adjacent area], the application of the associated
corrective actions [i.e. repair].

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1152, dated June 14,
2010. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this

AD because we evaluated all pertinent information and determined an
unsafe condition exists and is likely to exist or develop on other
products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 67 products of U.S. registry. We also estimate that
it would take about 6 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $34,170 or $510 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 6 work-hours and require parts costing $0, for a cost of
$510 per product. We have no way of determining the number of products
that may need these actions.

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.

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 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2011-0998; Directorate Identifier 2011-NM-
046-AD.

Comments Due Date

    (a) We must receive comments by November 21, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, and -132
airplanes; Model A320-111, -211, -212, -214 and -232 airplanes; and
Model A321-111, -211, -212, and -231 airplanes; certificated in any
category; having manufacturer serial numbers 0039, 0078, 0109, 0118,
0120, 0153, 0174, 0187, 0203, 0215, 0218, 0226, 0227, 0228, 0236,
0237, 0269, 0270, 0278, 0285, 0286, 0287, 0288, 0294, 0301, 0337,
0377, 0462, 0463, 0464, 0465, 0520, 0523, 0528, 0876, 0888, 0921,
0935, 0974, 1014, 1102, 1130, 1160, 1162, 1177, 1215, 1250, 1287,
1336, 1388, 1404, 1444, 1449, 1476, 1505, 1524, 1564, 1605, 1616,
1622, 1640, 1645, 1658, 1677, 1691, 1729, and 1905.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Cases of corrosion findings have been reported on the overwing
refueling aperture (used to fill the fuel tank by gravity) on the
wing top skin. * * *
* * * * *
    This condition, if not corrected, could, in combination with a
lightning strike in this area, create a source of ignition in a fuel
tank, possibly resulting in a fire or explosion and consequent loss
of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 24 months after the effective date of this AD, do an
electrical bonding test to check for bonding between the re-fuel
adaptor of the gravity fill and the top skin panels on the left-hand
and right-hand wings, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-57-1152, dated June 14,
2010.
    (1) If the resistance value is 10 milliOhms or less at the left-
hand and right-hand wing, no further action is required.
    (2) If the resistance value is greater than 10 milliOhms at the
left-hand or right-hand wing, before further flight do a general
visual inspection for corrosion of the component interface and
adjacent area, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-57-1152, dated June 14, 2010. If any
corrosion is found during the inspection, before further flight
repair the gravity fuel adaptor, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-57-1152,
dated June 14, 2010; except where Airbus Service Bulletin A320-57-
1152, dated June 14, 2010, specifies to contact Airbus before
further flight, repair using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1405; fax<PHONE_NUMBER>. Information may be e-mailed to:
<EMAIL_ADDRESS>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. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2011-0034, dated
March 2, 2011; and Airbus Service Bulletin A320-57-1152, dated June
14, 2010; for related information.

    Issued in Renton, Washington, on September 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-25569 Filed 10-4-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53362-53363]
[FR Doc No: 2020-18954]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0049; FRL-10013-87]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients (July 2020)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before September 28, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>The mailing address is: Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
See EPA's public participation website for additional information on
this process (http://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions).

New Active Ingredient

    1. File Symbol: 71711-AA. Docket ID number: EPA-HQ-OPP-2020-0226.
Applicant: Nichino America, Inc., 4550 Linden Hill Rd., Suite 501,
Wilmington, DE 19808. Active ingredient: Pyraziflumid. Product type:
Fungicide. Proposed uses: Bushberries (crop subgroup 13-07B),
caneberries (crop subgroup 13-07A), pome fruits (crop group 11-10),
small fruits vine climbing, except fuzzy kiwifruit (crop subgroup 13-
07F), stone fruits (crop group 12-12), tree nuts (crop group 14-12),
and turf (golf courses; residential, institutional, commercial and
municipal lawns; parks; recreational areas sports and athletic fields;
cemeteries; and sod farms). Contact: RD.
    2. File Symbol: 71711-AL. Docket ID number: EPA-HQ-OPP-2020-0226.
Applicant: Nichino America, Inc., 4550 Linden Hill Rd., Suite 501,
Wilmington, DE 19808. Active ingredient: Pyraziflumid. Product type:
Fungicide. Proposed uses: Bushberries (crop subgroup 13-07B),
caneberries (crop subgroup 13-07A), pome fruits (crop group 11-10),
small fruits vine climbing, except fuzzy kiwifruit (crop subgroup 13-
07F), stone fruits (crop group 12-12), tree nuts (crop group 14-12),
and turf (golf courses; residential, institutional, commercial and
municipal lawns; parks; recreational areas sports and athletic fields;
cemeteries; and sod farms). Contact: RD.
    3. File Symbol: 71711-AT. Docket ID number: EPA-HQ-OPP-2020-0226.
Applicant: Nichino America, Inc., 4550 Linden Hill Rd., Suite 501,
Wilmington, DE 19808. Active ingredient: Pyraziflumid. Product type:
Fungicide. Proposed uses: Bushberries (crop subgroup 13-07B),
caneberries (crop subgroup 13-07A), pome fruits (crop group 11-10),
small fruits vine climbing, except fuzzy kiwifruit (crop subgroup 13-
07F), stone fruits (crop group 12-12), tree nuts (crop group 14-12),
and turf (golf courses; residential, institutional, commercial and
municipal lawns; parks; recreational areas sports and athletic fields;
cemeteries; and sod farms). Contact: RD

    Authority: 7 U.S.C. 136 et seq.

    Dated: August 24, 2020.
Hamaad Syed,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-18954 Filed 8-27-20; 8:45 am]
BILLING CODE 6560-50-P