[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51815-51819]
[FR Doc No: 2018-21971]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0814; Product Identifier 2017-NM-066-AD; Amendment
39-19458; AD 2018-20-24]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. This AD was prompted by significant changes made to
the airworthiness limitations (AWL) related to fuel tank ignition
prevention and the nitrogen generation system. This AD requires
revision of the maintenance or inspection program, as applicable, to
include the latest revision of the AWLs. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 19, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 19,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<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
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0814.

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-
0814; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 737-600, -700, -700C, -800, and -900 series airplanes. The NPRM
published in the Federal Register on October 2, 2017 (82 FR 45743). The
NPRM was prompted by significant changes made to the AWLs related to
fuel tank ignition prevention and the nitrogen generation system. The
NPRM proposed to require revision of the maintenance or inspection
program, as applicable, to include the latest revision of the AWLs.
    In the NPRM, we discussed that we would mandate the latest revision
of the Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness (ICA) as of the effective date of the AD for
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes
with an original certificate of airworthiness or original export
certificate of airworthiness that was issued on or before the effective
date of the AD. We also discussed that operators of airplanes with an
original certificate of airworthiness or original export of certificate
of airworthiness issued after the effective date of the AD must comply
with the ALS revision specified as part of the approved type design.
Since the issuance of the NPRM, Boeing revised the ALS a number of
times and added new AWL tasks. In order to mandate the latest ALS
revision available as of the effective date of the AD as we originally
proposed, we must supplement the NPRM for public comments because new
additional AWL tasks in the later ALS revisions expand the scope of the
NPRM. As a result, the issuance of the AD to address the unsafe
condition would be delayed.
    Based on those conditions, we have made the following adjustments
in this final rule. First, instead of mandating the latest ALS
revision, we are mandating Revision January 2017 of the ALS as
originally proposed in the NPRM. Second, we have changed the AD
applicability to exclude those airplanes delivered with later ALS
revisions (later than Revision January 2017) as part of the type
design. The change in the AD applicability is intended to avoid the
situation discussed in the NPRM where the AD mandates a specific ALS
revision for an airplane that was delivered with a later ALS revision
as part of the type design. Airplanes outside the AD applicability
should use the ALS revision later than Revision January 2017 as part of
the type design. Those adjustments we made in the final rule do not
expand the scope of the NPRM. We will consider further rulemaking to
mandate a later ALS revision for all affected airplanes.
    We are issuing this AD to address the development of an ignition
source inside the fuel tanks and the flammability exposure of the
center fuel tank, which could lead to fuel tank explosion and
consequent loss of the airplane. We are also issuing this AD to address
the loss of engine fuel suction feed capability, which could result in
dual engine flameout, inability to restart engines, and consequent
forced landing of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    Commenter Nick Gianetti supported the NPRM.

Request To Clarify the Provision for Exceptional Short-Term Extensions

    Southwest Airlines requested clarification regarding the provision
for ``exceptional short-term extension'' in the service information.
    We agree that clarification is necessary. Operators may use an
exceptional short-term extension with the concurrence of the
appropriate authority, as described in the service information.
Exceptional short-term extensions should be used to address
uncontrollable or unexpected situations. For any change to the interval
of an AWL other than an exceptional short-term extension, approval must
be handled under the provisions of paragraph (k) of this AD. No change
to this AD is necessary.

Request To Identify AD 2011-20-07, Amendment 39-16818 (76 FR 60710,
September 30, 2011) (``AD 2011-20-07''), as an Affected AD

    Boeing stated that AD 2011-20-07 is affected by the proposed AD
because it relates to an AWL in the mandated service information. They
requested that we identify AD 2011-20-07 as an affected AD under
paragraph (b) of the proposed AD.
    We acknowledge the commenter's rationale for including AD 2011-20-
07 in paragraph (b) of this AD. However, paragraph (b), ``Affected
ADs,'' is intended to include other affected ADs, but not all related
ADs. It is primarily used to reference superseded ADs and other ADs
that are terminated, in whole or in part, by requirements in a given
AD. Although compliance with certain requirements in AD 2011-20-07
affects this AD, the opposite is not true (i.e., this AD does not
affect compliance with AD 2011-20-07). Therefore, we have not changed
this AD regarding this issue.

Request To Specify the Unsafe Condition for Engine Fuel Suction Feed

    Boeing stated that the NPRM defines the unsafe condition for fuel
tank ignition prevention and fuel tank flammability exposure reduction,
but not the unsafe condition related to engine fuel suction feed.
Because the proposed AD also requires the incorporation of the AWL for
engine fuel suction feed testing, Boeing asserted that the unsafe
condition associated with engine fuel suction feed should also be
specified, and they proposed wording for the unsafe condition.
    We partially agree with the commenter. We agree to specify the
unsafe condition associated with engine fuel suction feed, but we
disagree with the wording proposed by the commenter because this AD
does not mandate repetitive operational tests of the engine fuel
suction feed system. This AD requires only the incorporation of certain
AWLs, not the repetitive operational tests or other procedures
specified in them. We have changed paragraph (e) of this AD to include
the unsafe condition involving engine fuel suction feed.

Request To Change Wording in the Proposed AD

    Boeing requested that we replace the word ``latest'' with ``later''
in certain subparagraphs of paragraph (g) of the proposed AD in which
multiple compliance times are compared.
    We do not agree with the commenter's request because the
subparagraphs in question compare three compliance times; therefore,
the superlative form ``latest'' is correct. We have not changed this AD
in this regard.

Request To Provide a Grace Period in Paragraph (g)(7) of the Proposed
AD

    Southwest Airlines stated that some airplanes could be out of
compliance as of the effective date of the proposed AD because the
initial 120-month compliance time specified in paragraph (g)(7) of the
proposed AD may already have passed for those airplanes. Southwest
Airlines requested that we change paragraph (g)(7) of the proposed AD
to specify a grace period.
    We agree to specify a grace period for those airplanes that could
have passed the required compliance time specified in paragraph (g)(7)
of this AD. Therefore, we have changed paragraph (g)(7) of this AD to
specify a grace period of 24 months after the effective date of this
AD.

Request To Delete Paragraph (h) of the Proposed AD

    Boeing stated that some of the wire types listed in paragraph
(h)(1) of the proposed AD are not identified in FAA Advisory Circular
43-13-1B for the flammability aspect. Boeing also stated that they do
not have arc-track test data for the wires listed in paragraph (h)(1)
and therefore cannot accept the use and installation of these wire
types on a Boeing product without written FAA approval of the wires. In
addition, Boeing stated that it has data for TFE-2X Standard wall, but
not for Roundit 2000NX and Varglas Types HO, HP, or HM and can
therefore approve or recommend approval of only the TFE-2X Standard
wall. Boeing requested that we delete paragraph (h) of the proposed AD
or revise it to include an FAA-issued global alternative method of
compliance (AMOC) that identifies the material listed in paragraph (h)
of the proposed AD. Boeing stated that if the FAA decides to keep
paragraph (h) of the proposed AD as it is, we should state that all
materials listed in paragraph (h) of the proposed AD are approved by
the FAA.
    We do not agree with the commenter's request. Paragraph (h) of this
AD allows alternative wire types and sleeving materials for certain
wire types and sleeving materials identified in AWL No. 28-AWL-05. AWL
No. 28-AWL-05 was originally mandated by AD 2008-10-10, Amendment 39-
15516 (73 FR 25986, May 8, 2008) (``AD 2008-10-10''), which was later
revised to AD 2008-10-10 R1, Amendment 39-16164 (75 FR 1529, January
12, 2010) (``AD 2008-10-10 R1''). Since the issuance of AD 2008-10-10
R1, which will be terminated by this AD, we have received numerous
requests for approval of AMOCs from operators and supplemental type
certificate (STC) holders (or applicants) to allow the installation of
alternative wire types and sleeving. We evaluated certain attributes of
those alternative wire types and sleeving for each installation, and
issued numerous AMOC approvals for AD 2008-10-10 R1 based on our
determination that the installation of those wire types and sleeving
would provide an acceptable level of safety. The alternative wire types
and sleeving specified in paragraph (h) of this AD were previously
approved as an AMOC for AD 2008-10-10 R1. Although paragraph (h) of
this AD provides certain allowances, it does not provide approval of
alternative wire types and sleeving that are installed as part of an
aircraft design change. Each applicant for any design change is
responsible to show that the installation of alternative wire types and
sleeving identified in paragraphs (h)(l) and (h)(2) of this AD complies
with all applicable regulatory requirements, including flammability
requirements, as the commenter pointed out. We have not changed this AD
in this regard.

Request To Specify Additional Wire Type Specifications in Paragraph
(h)(1) of the Proposed AD

    Delta Airlines (DAL) stated that the military wire specifications
identified in paragraph (h)(1) of the proposed AD have been superseded.
DAL requested that we revise paragraph (h)(1) of the proposed AD to
identify additional wire type specifications.
    We agree with the commenter and have revised paragraph (h)(l) of
this AD

to identify additional acceptable SAE and military wire type
specifications.

Request To Specify Sleeving Thickness

    Boeing stated that under AWL No. 28-AWL-05, the wall thickness
requirement for TFE-2X sleeving is specified as ``standard wall.''
Boeing requested that we also specify the wall thickness requirement
for Varglas Type HO, HP, and HM, that are allowed as alternative
sleeving under paragraph (h)(2) of the proposed AD.
    We do not agree with the commenter's request. As we explained in an
earlier comment response, paragraph (h)(2) of this AD provides certain
allowances for sleeving material to comply with AWL No. 28-AWL-05, but
it does not provide approval of alternative sleeving that is installed
as part of an aircraft design change. Each applicant for any design
change is responsible to show that the installation of alternative
sleeving identified in paragraph (h)(2) of this AD complies with all
applicable regulatory requirements. This includes substantiation to
show that sleeve installation, including the selection of sleeve
thickness, is adequate to protect wires from chafing for the life of
installation. We have not changed this AD regarding this issue.

Request To Mandate a Later Revision of the Service Information

    Boeing stated that Boeing 737-600/700/700C/800/900/900ER Special
Compliance Items/Airworthiness Limitations, D626A001-9-04, Revision
January 2017, specified by the proposed AD, is under review and subject
to update. Boeing requested that we mandate a later revision of the
service information.
    We do not agree with the commenter's request. As stated in the
Discussion section of this AD, we have determined that it is
appropriate to require the same ALS revision (Revision January 2017)
that was proposed in the NPRM. We have also adjusted the applicability
of this AD to exclude those airplanes delivered with a later ALS
revision (issued after Revision January 2017) as part of the type
design.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the STC
ST00830SE does not affect the actions specified in the proposed AD.
    We concur with the commenter that STC ST00830SE does not affect the
accomplishment of the manufacturer's service instructions. Therefore,
the installation of STC ST00830SE does not affect the ability to
accomplish the actions required by this AD. We have not changed this AD
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing 737-600/700/700C/800/900/900ER Special
Compliance Items/Airworthiness Limitations, D626A001-9-04, Revision
January 2017. This service information describes AWLs that include
airworthiness limitation instructions (ALI) and critical design
configuration control limitations (CDCCL) tasks related to fuel tank
ignition prevention and the nitrogen generation system. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 1,850 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2018-20-24 The Boeing Company: Amendment 39-19458; Docket No. FAA-
2017-0814; Product Identifier 2017-NM-066-AD.

(a) Effective Date

    This AD is effective November 19, 2018.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1) through
(b)(5) of this AD.
    (1) AD 2008-06-03, Amendment 39-15415 (73 FR 13081, March 12,
2008) (``AD 2008-06-03'').
    (2) AD 2008-10-10 R1, Amendment 39-16164 (75 FR 1529, January
12, 2010) (``AD 2008-10-10 R1'').
    (3) AD 2008-17-15, Amendment 39-15653 (73 FR 50714, August 28,
2008) (``AD 2008-17-15'').
    (4) AD 2011-18-03, Amendment 39-16785 (76 FR 53317, August 26,
2011) (``AD 2011-18-03'').
    (5) AD 2013-15-17, Amendment 39-17533 (78 FR 52838, August 27,
2013) (``AD 2013-15-17'').

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, line numbers 1 through 6899 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by significant changes made to
airworthiness limitations (AWL) related to fuel tank ignition
prevention and the nitrogen generation system. We are issuing this
AD to address the development of an ignition source inside the fuel
tanks and the flammability exposure of the center fuel tank, which
could lead to a fuel tank explosion and consequent loss of the
airplane. We are also issuing this AD to address the potential loss
of engine fuel suction feed capability, which could result in dual
engine flameouts, inability to restart engines, and consequent
forced landing of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information in Section A, including Subsections A.1, A.2, and A.3,
of Boeing 737-600/700/700C/800/900/900ER Special Compliance Items/
Airworthiness Limitations, D626A001-9-04, Revision January 2017;
except as provided in paragraph (h) of this AD. The initial
compliance times for the airworthiness limitation instructions (ALI)
tasks are within the applicable compliance times specified in
paragraphs (g)(1) through (g)(11) of this AD:
    (1) For AWL No. 28-AWL-01, ``External Wires Over Center Fuel
Tank'': Within 120 months after the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, or within 120 months
after the most recent inspection was performed as specified in AWL
No. 28-AWL-01, whichever is later.
    (2) For AWL No. 28-AWL-03, ``Fuel Quantity Indicating System
(FQIS)--Out Tank Wiring Lightning Shield to Ground Termination'':
Within 120 months after the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, or within 120 months
after the most recent inspection was performed as specified in AWL
No. 28-AWL-03, whichever is later.
    (3) For AWL No. 28-AWL-19, ``Center Tank Fuel Boost Pump
Automatic Shutoff System'': Within 12 months after the date of
issuance of the original standard airworthiness certificate or the
date of issuance of the original export certificate of
airworthiness, within 12 months after accomplishment of the actions
specified in Boeing Service Bulletin 737-28A1206, or within 12
months after the most recent inspection was performed as specified
in AWL No. 28-AWL-19, whichever is latest. This AWL does not apply
to airplanes that have complied with paragraph (s) of AD 2011-18-03.
    (4) For AWL No. 28-AWL-20, ``Over-Current and Arcing Protection
Electrical Design Features Operation--Boost Pump Ground Fault
Interrupter (GFI)'': Within 12 months after the date of issuance of
the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness, within
12 months after accomplishment of the actions specified in Boeing
Service Bulletin 737-28A1201, or within 12 months after the most
recent inspection was performed as specified in AWL No. 28-AWL-20,
whichever is latest. For airplanes that have complied with paragraph
(g)(2)(ii) of AD 2011-20-07, Amendment 39-16818 (76 FR 60710,
September 30, 2011), the operational test for left center tank fuel
boost pump relay R54 and right center tank fuel boost pump relay R55
does not apply.
    (5) For AWL No. 28-AWL-23, ``Center Tank Fuel Boost Pump Power
Failed On Protection System'': Within 12 months after the date of
issuance of the original standard airworthiness certificate or the
date of issuance of the original export certificate of
airworthiness, within 12 months after accomplishment of the actions
specified in Boeing Service Bulletin 737-28A1248, or within 12
months after the most recent inspection was performed as specified
in AWL No. 28-AWL-23, whichever is latest. This AWL does not apply
to airplanes that have complied with paragraph (s) of AD 2011-18-03.
    (6) For AWL No. 28-AWL-24, ``Spar Valve Motor Operated Valve
(MOV) Actuator--Lightning and Fault Current Protection Electrical
Bond'': Within 72 months after accomplishment of the actions
specified in Boeing Service Bulletin 737-28A1207, or within 72
months after the most recent inspection was performed as specified
in AWL No. 28-AWL-24, whichever is later.
    (7) For AWL No. 28-AWL-29, ``Full Cushion Clamps and Teflon
Sleeving (If Installed) Installed on Out-of-Tank Wire Bundles
Installed on Brackets that are Mounted Directly on the Fuel Tanks'':
For airplanes having line numbers (L/N) 1 through 1754 inclusive,
within 120 months after accomplishment of the actions specified in
Boeing Service Bulletin 737-57A1279, or within 24 months after the
effective date of this AD, whichever is later. For airplanes having
L/N 1755 and on, within 120 months after the date of issuance of the
original standard airworthiness certificate or the date of issuance
of the original export certificate of airworthiness, or within 24
months after the effective date of this AD, whichever is later.
    (8) For AWL No. 47-AWL-04, ``Nitrogen Generation System--Thermal
Switch'': Within 22,500 flight hours after the date of issuance of
the original standard airworthiness certificate or the date of
issuance of the original export certificate of airworthiness, within
22,500 flight hours after accomplishment of the actions specified in
Boeing Service Bulletin 737-47-1003, or within 22,500 flight hours
after the most recent inspection was performed as specified in AWL
No. 47-AWL-04, whichever is latest.
    (9) For AWL No. 47-AWL-06, ``Nitrogen Generation System (NGS)--
Cross Vent Check Valve'': Within 13,000 flight hours after the date
of issuance of the original standard airworthiness certificate or
the date of issuance of the original export certificate of
airworthiness, within 13,000 flight hours after accomplishment of
the actions specified in Boeing Service Bulletin 737-47-1003, or
within 13,000 flight hours after the most recent inspection was
performed as specified in AWL No. 47-AWL-06, whichever is latest.
    (10) For AWL No. 47-AWL-07, ``Nitrogen Generation System (NGS)--
Nitrogen Enriched Air (NEA) Distribution Ducting Integrity'': Within
6,500 flight hours after the date of issuance of the original
standard airworthiness certificate or the date of issuance of the
original export certificate of airworthiness, within 6,500 flight
hours after accomplishment of the actions specified in Boeing
Service Bulletin 737-47-1003, or within 6,500 flight hours after the
most recent inspection was performed as specified in AWL No. 47-AWL-
07, whichever is latest.
    (11) For AWL No. 28-AWL-101, ``Engine Fuel Suction Feed
Operational Test'': Within 7,500 flight hours or 36 months,
whichever occurs first, after the date of issuance of the original
airworthiness certificate or the date of issuance of the original
export certificate

of airworthiness; or within 7,500 flight hours or 36 months,
whichever occurs first, after the most recent inspection was
performed as specified in AWL No. 28-AWL-101; whichever is later.

(h) Additional Acceptable Wire Types and Sleeving

    As an option, when accomplishing the actions required by
paragraph (g) of this AD, the changes specified in paragraphs (h)(1)
and (h)(2) of this AD are acceptable.
    (1) Where AWL No. 28-AWL-05 identifies wire types BMS 13-48, BMS
13-58, and BMS 13-60, the following wire types are acceptable: MIL-
W-22759/16, SAE AS22759/16 (M22759/16), MIL-W-22759/32, SAE AS22759/
32 (M22759/32), MIL-W-22759/34, SAE AS22759/34 (M22759/34), MIL-W-
22759/41, SAE AS22759/41 (M22759/41), MIL-W-22759/86, SAE AS22759/86
(M22759/86), MIL-W-22759/87, SAE AS22759/87 (M22759/87), MIL-W-
22759/92, and SAE AS22759/92 (M22759/92); and MIL-C-27500 and NEMA
WC 27500 cables constructed from these military or SAE specification
wire types, as applicable.
    (2) Where AWL No. 28-AWL-05 identifies TFE-2X Standard wall for
wire sleeving, the following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP, or HM.

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

    Except as provided in paragraph (h) of this AD, after the
maintenance or inspection program, as applicable, has been revised
as required by paragraph (g) of this AD, no alternative actions
(e.g., inspections), intervals, and 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 (k) of this AD.

(j) Terminating Actions for Certain AD Requirements

    Accomplishment of the revision required by paragraph (g) of this
AD terminates the requirements specified in paragraphs (j)(1)
through (j)(5) of this AD for that airplane:
    (1) The revision required by paragraphs (h) and (h)(1) of AD
2008-06-03.
    (2) All requirements of AD 2008-10-10 R1.
    (3) The revision required by paragraph (g) of AD 2008-17-15.
    (4) The revision required by paragraph (k) of AD 2011-18-03.
    (5) All requirements of AD 2013-15-17.

(k) 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 (l) 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.

(l) Related Information

    For more information about this AD, contact Tak Kobayashi,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing 737-600/700/700C/800/900/900ER Special Compliance
Items/Airworthiness Limitations, D626A001-9-04, Revision January
2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 19, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-21971 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]
[Page 18932-18934]
[DOCID:fr13ap10-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61854; File No. SR-NASDAQ-2010-044]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Fees for Members Using the NASDAQ Market Center

April 6, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 30, 2010, The NASDAQ Stock Market LLC (``NASDAQ'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by NASDAQ. Pursuant to Section 19(b)(3)(A)(ii) of
the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ NASDAQ has designated
this proposal as establishing or changing a due, fee, or other charge,
which renders the proposed rule change effective upon filing. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 C.F.R. 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ proposes to modify pricing for NASDAQ members using the
NASDAQ Market Center. NASDAQ will implement the proposed change on
April 1, 2010. The text of the proposed rule change is available at
http://nasdaqomx.cchwallstreet.com/, at NASDAQ's principal office, and
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NASDAQ included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ is making modifications to its pricing schedule for
execution of orders in securities priced at $1 or more through the
NASDAQ Market Center.\5\ First, NASDAQ is eliminating volume-based
pricing tiers that currently apply to executions of orders in the
NASDAQ Market Center for securities listed on NASDAQ or the New York
Stock Exchange (``NYSE''). As a result of this change, the fee to
access liquidity in the NASDAQ Market Center will be $0.0030 per share
executed, regardless of whether the security being traded is listed on
NASDAQ, NYSE, NYSE Amex, or any other listing venue. The change is
designed to ensure that NASDAQ does not lose money on trade executions,
as is currently the case when the order of a member in the most
favorable ``take'' tier (fee of $0.0028 per share executed for members
with an average daily volume of more than 145 million share of
liquidity routed, removed, and/or provided, and more than 35 million
shares of liquidity provided) is matched with the order of a member in
the two most favorable liquidity provider rebate tiers (credit of
$0.00295 per share executed for members providing an average of more
than 95 million share of liquidity per day, or $0.0029 per share
executed for members providing an average of more than 35 million share
of liquidity per day).
---------------------------------------------------------------------------

    \5\ Fees and credits for executions of orders for securities
priced below $1 remain unchanged.
---------------------------------------------------------------------------

    Second, NASDAQ is increasing the liquidity provider rebate for
securities listed on exchanges other than NASDAQ and NYSE. Currently,
with respect to displayed quotes/orders, NASDAQ pays a liquidity
provider rebate of $0.0025 per share executed to members providing an
average of between 20,000,001 and 35 million shares of liquidity per
day, and a rebate of $0.0020 per share executed to members providing 20
million or fewer shares of liquidity per day. As a result of the
change, NASDAQ will provide a rebate of $0.0026 per share executed to
members providing 35 million or fewer shares of liquidity per day.
Rebates to members that provide more than 35 million shares of
liquidity per day remain unchanged.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls. The impact of the price changes upon
the net fees paid by a particular market participant will depend upon a
number of variables, including the relative availability of liquidity
on NASDAQ and other venues, the prices of the market participant's
quotes and orders relative to the national best bid and offer (i.e.,
its propensity to add or remove liquidity), the types of securities
that it trades, and the member's trading volumes. NASDAQ notes that the
proposed elimination of ``take'' tiers will result in a fee schedule
with less variability and will eliminate circumstances in which NASDAQ
loses money on order executions by paying a rebate that is higher than
the take fee it charges. The increase in the rebate for securities
listed on exchanges other than NASDAQ and NYSE is intended to increase
the attractiveness of NASDAQ as a venue for trading these securities.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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    NASDAQ notes that it operates in a highly competitive market in
which market participants can readily direct order flow to competing
venues if they deem fee levels at a particular venue to be excessive.
Accordingly, if particular market participants object to the proposed
fee changes, they can avoid paying the fees by directing orders to
other venues. NASDAQ believes that its fees continue to be reasonable
and equitably allocated to members on the basis of whether they opt to
direct orders to NASDAQ.

B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order execution and routing is extremely competitive, members may
readily direct orders to NASDAQ's competitors if they object to the
proposed rule change.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\9\ At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-044 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2010-044. This
file number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and

3 p.m. Copies of such filing also will be available for inspection and
copying at the principal offices of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2010-044, and should be submitted
on or before May 4, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8365 Filed 4-12-10; 8:45 am]
BILLING CODE 8011-01-P