[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Rules and Regulations]
[Pages 55527-55535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0194; Directorate Identifier 2014-NM-022-AD; 
Amendment 39-18266; AD 2015-19-03]
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 all The 
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. This AD was prompted by reports of latently failed 
fuel shutoff valves discovered during fuel filter replacement. This AD 
requires revising the maintenance or inspection program to include new 
airworthiness limitations. We are issuing this AD to detect and correct 
latent failures of the fuel shutoff valve to the engine, which

[[Page 55528]]

could result in the inability to shut off fuel to the engine and, in 
case of certain engine fires, an uncontrollable fire that could lead to 
wing failure.

DATES: This AD is effective October 21, 2015.

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-2014-
0194; 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 AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. 
The NPRM published in the Federal Register on April 14, 2014 (79 FR 
20834). The NPRM was prompted by reports of latently failed fuel 
shutoff valves discovered during fuel filter replacement. The NPRM 
proposed to require revising the maintenance or inspection program to 
include new airworthiness limitations. We are issuing this AD to detect 
and correct latent failures of the fuel shutoff valve to the engine, 
which could result in the inability to shut off fuel to the engine and, 
in case of certain engine fires, an uncontrollable fire that could lead 
to wing failure.

Record of Ex Parte Communication

    In preparation of AD actions such as NPRMs and immediately adopted 
rules, it is the practice of the FAA to obtain technical information 
and information on operational and economic impacts from design 
approval holders and aircraft operators. We discussed certain comments 
addressed in this final rule in a teleconference with Airlines for 
America (A4A) and other members of the aviation industry. All of the 
comments discussed during this teleconference are addressed in this 
final rule in response to comments submitted by other commenters. A 
discussion of this contact can be found in the rulemaking docket at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2014-0194.

Clarification of Certain Terminology

    Throughout the preamble of this final rule, commenters may have 
used the terms ``fuel shutoff valve'' and ``fuel spar valve'' 
interchangeably. Both terms refer to the same part. In our responses to 
comments, we have used the term ``fuel shutoff valve.'' The term ``fuel 
spar valve'' is more commonly used in airplane maintenance 
documentation and, therefore, we have used that term in figure 1 to 
paragraph (g) of this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 20834, April 14, 2014) and the FAA's response to each comment.

Request To Withdraw the NPRM (79 FR 20834, April 14, 2014)

    American Airlines (AA) requested that no further regulatory action 
be taken. AA stated that it has experienced only a small number of fuel 
shutoff valve actuator failures. AA stated that the combination of 
failures necessary to produce the catastrophic event described in the 
NPRM (79 FR 20834, April 14, 2014) includes fuel shutoff valve actuator 
failure, an erroneous position indication, and a fire in the engine 
compartment. AA also stated that risk analysis shows the probability of 
this combination occurring is in the improbable range of ``10E-11 to 
10E-16.''
    We disagree with commenter's request. We have determined that an 
unsafe condition exists that warrants an interim action until the 
manufacturer finishes developing a modification that will address the 
identified unsafe condition. We have determined that, without the 
required interim action, a significant number of flights with a fuel 
shutoff valve actuator that is failed in the open valve position will 
occur during the affected fleet life. If certain engine fire conditions 
were to occur, or if extreme engine damage were to occur, or if an 
engine separation event were to occur during flight, the crew 
procedures for such an event would not stop the fuel flow to the engine 
strut and nacelle. The continued flow of fuel could cause an 
uncontrolled fire or lead to a fuel exhaustion event.
    The FAA regulations require all transport airplanes to be fail safe 
with respect to engine fire events, and the risk due to severe engine 
damage events to be minimized. Therefore, we require, for each flight, 
sufficiently operative fire safety systems so that fires can be 
detected and contained, and that fuel to the engine strut and nacelle 
can be shut off in the event of an engine fire or severe damage.
    The FAA airworthiness standards require remotely controlled 
powerplant valves to provide indications that the valves are in the 
commanded position. These indications allow the prompt detection and 
correction of valve failures. We do not allow dispatch with a known 
inoperative fuel shutoff valve. Therefore, we are proceeding with this 
final rule--not because of the higher-than-typical failure rate of the 
particular valve actuator involved, but instead because the fuel 
shutoff valve actuator can fail in a manner that also defeats the 
required valve position indication feature. That failure can lead to a 
large number of flights occurring on an airplane with a fuel shutoff 
valve actuator failed in the open position without the operator being 
aware of the failure. An airworthiness limitation containing required 
inspections is intended to limit the number of flights following latent 
failure of the fuel shutoff valve. We have not changed this AD in this 
regard.

Request for Inspection Relief

    AirDo, AA, All Nippon Airlines (ANA), Delta Airlines (DAL), 
Southwest Airlines (SWA), Transavia, and United Airlines (UAL) 
requested clarification of the daily check requirement. The commenters 
stated that the check applies to airplanes that are in operational 
revenue status. The commenters stated that the proposed AD (79 FR 
20834, April 14, 2014) does not account for airplanes in routine 
maintenance or for an out-of-service condition.
    We infer the commenters are requesting inspection relief for 
airplanes that are not in service. We agree with the commenters' 
request. It would be unnecessarily burdensome to require the 
inspections on airplanes that are not being used. We agree with 
limiting inspections to days when the airplane is in revenue service. 
In the Interval column of figure 1 to paragraph (g) of this AD, we have 
added a note to clarify that the operational check is not

[[Page 55529]]

required on days when the airplane is not used in revenue service, but 
that the check must be done before further flight once the airplane is 
returned to revenue service.

Request To Limit the Applicability

    UAL requested that we revise the proposed AD (79 FR 20834, April 
14, 2014) to limit the applicability specified in figure 1 to paragraph 
(g) of the proposed AD to airplanes with the valve actuators that have 
the identified unsafe condition. UAL stated the applicability applies 
to valve actuators having part number (P/N) MA30A1001. UAL stated that 
the problem does not apply to other existing actuator designs, and will 
not apply to future designs.
    We agree with the commenter's request. It would be unnecessarily 
burdensome to require the inspections on airplanes that do not have any 
of the susceptible valves installed. We have added a note to the 
Applicability column in figure 1 to paragraph (g) of this AD to clarify 
that the limitations apply to Model 737-600, -700, -700C, -800, -900, 
and -900ER airplanes having actuator P/N MA20A2027 (Boeing P/N 
S343T003-56) or P/N MA30A1001 (Boeing P/N S343T003-66) installed at the 
engine fuel spar valve positions.

Request To Follow the Master Minimum Equipment List (MMEL) in Lieu of 
the Daily Check

    AA and Qantas Airways stated that if the master minimum equipment 
list (MMEL) is being used, then the daily check should be not required.
    AA stated that the Boeing Model 737 MMEL item 28-22, ``Fuel/Spar 
Valve Closed Lights,'' allows for the lights to be inoperative, 
provided the associated valve is verified to operate normally and the 
crossfeed VALVE OPEN light operates normally. AA stated that this item 
allows the lights to be inoperative for up to 10 days, and it requested 
that a provision be added to state that if this MMEL is being used, the 
daily check is not required.
    Qantas Airways stated that if an airplane is dispatched under the 
MMEL for inoperative SPAR VALVE CLOSED light(s), then it is not 
possible to accomplish the proposed checks.
    We partially agree with the commenters' request. We disagree with 
providing MMEL relief for an inoperative fuel shutoff valve indication 
because such relief could potentially allow the fuel shutoff valve to 
be inoperative for up to 10 days of revenue operation. However, we do 
agree to provide flexibility regarding verification that the fuel 
shutoff valve is operational. We have added item D. to figure 1 to 
paragraph (g) of this AD to specify a fourth option to perform daily 
inspections to verify that the fuel shutoff valve is closing.

Request To Clarify Recording Requirements

    Air Do, Ryanair, SWA, Transavia, UAL, and Darryl Voss requested 
that the FAA provide a more complete explanation of the requirements 
with regard to recording compliance.
    Air Do stated that if the flightcrew performed the operational 
check, a maintenance record is usually not created. The commenter 
questioned whether this is acceptable, or whether the flightcrew should 
record it in the flight log.
    Ryanair requested that the FAA explicitly state in the AD that the 
proposed actions may be performed by maintenance and/or flight 
operations checklists, and that the AD will not require the retention 
of maintenance or flight operations records to show compliance. Ryanair 
stated that due to the high frequency of the actions in the NPRM (79 FR 
20834, April 14, 2014) and the large number of affected airplanes in 
its fleet (approximately 300), the creation, retention, and 
reforecasting of individual records for this activity is not practical.
    Because of the high frequency of checks resulting from the proposed 
AD (79 FR 20834, April 14, 2014), compounded with the creation, 
distribution, and retention of the documentation of the checks, SWA 
requested that the FAA specifically state in the AD that when the daily 
check is performed successfully by flightcrews, no documentation is 
required. SWA also requested that the FAA specifically state in the AD 
that documentation (i.e., logbook entry or other type of defect report) 
is required only when a failure is detected by the flightcrew, or when 
the check is performed by maintenance personnel.
    Transavia requested that, if the daily check remains, we revise the 
proposed AD (79 FR 20834, April 14, 2014) to state that the inclusion 
of the daily check requirement into a checklist is sufficient to show 
AD compliance and prevent unwanted paperwork, and that the daily check 
can be performed by either maintenance personnel or the flightcrew.
    UAL asked whether the flightcrews will be required to record 
compliance of the operational checks and document each inspection. 
Darryl Voss requested that we revise the proposed AD (79 FR 20834, 
April 14, 2014) to remove the option to allow flightcrews to perform 
operational checks for maintenance. Mr. Voss stated that showing 
compliance with ADs is almost exclusively a maintenance function and 
should remain a maintenance function to provide compliance continuity.
    We agree that clarification is necessary. This AD requires 
including the information in figure 1 of paragraph (g) of this AD in 
the maintenance or inspection program. However, this AD does not 
require accomplishing the actions specified in figure 1 of paragraph 
(g) of this AD. The actions specified in the figure in this AD are 
done, and remain enforceable, as part of the airworthiness limitations 
of the instructions for continued airworthiness (ICA). Section 14 CFR 
43.11(a) of the Federal Aviation Regulations (14 CFR 43.11(a)) requires 
maintenance record entries for maintenance actions such as the required 
checks. If an operator elects to have a flightcrew member do the check 
in accordance with the applicable airworthiness limitation, that same 
action would be considered an operational task (not maintenance), and 
therefore 14 CFR 43.11(a) would not apply. In that case, operators 
should follow their normal processes for operational activities, 
including necessary Principal Operations Inspector (POI) involvement. 
We have not changed this AD in this regard.

Request To Clarify Inspection Procedures for Operational Checks

    Boeing requested to add a flightcrew inspection procedure during 
engine start and engine shutdown. Boeing stated that this will provide 
common flight procedures and eliminate each operator creating its own 
test.
    DAL requested that the preamble of the NPRM (79 FR 20834, April 14, 
2014) be revised to match the rest of the requirements in the NPRM. DAL 
stated that if POI approval is required for flightcrews to accomplish 
operational checks, then the preamble should identify that flightcrews 
can only accomplish operational checks approved by the inspector. DAL 
stated that the preamble should not associate the operational check 
without engine start to only maintenance crews, and the operational 
checks while starting the engine or shutting down the engine to only 
flightcrews.
    UAL requested that standardized procedures be established by the 
FAA aircraft certification office for the POI to approve on behalf of 
all affected operators.
    We disagree with the commenter's request to add to this AD a method 
describing how maintenance actions and operations actions should be

[[Page 55530]]

coordinated. The operational requirements are specified in figure 1 to 
paragraph (g) of this AD; how these requirements are captured in the 
operations processes to ensure that the maintenance action has been 
completed is likely different for each operator. As the commenter 
stated, flightcrews can only accomplish operational checks approved by 
the inspector. No change has been made to the final rule in this 
regard.

Request To Provide an Alternative to the Maintenance or Inspection 
Program Revision in Operational Documents

    DAL requested that the proposed AD (79 FR 20834, April 14, 2014) be 
revised to provide an option for revising the Boeing Model 737 
``Airplane Normal Checklist'' to specify accomplishment of one of the 
required operational checks (operational check during engine start, 
operational check during engine shutdown, or operational check without 
engine operations) as a ``FIRST FLIGHT OF THE DAY'' requirement as an 
alternative to the maintenance or inspection program revision specified 
in paragraph (g) of the proposed rule. DAL stated that this option 
would ensure that operational aircraft are inspected daily, provide 
clear responsibility to the flightcrew to accomplish the operational 
checks, and remove concern for accomplishing the actions during times 
when the airplane is not in service. DAL stated that incorporating this 
change to the ``Airplane Normal Checklist'' will simplify compliance 
procedures while satisfying the requirements of the proposed rule.
    JAL requested that the FAA coordinate with Boeing to revise the 
flightcrew operations manual (FCOM) to provide the check of the fuel 
spar valve as a normal procedure. JAL stated that if an operational 
check by the flightcrew is allowed, the FCOM should be revised to 
provide the normal procedure to perform the fuel spar valve check 
during engine start or shutdown.
    Qantas Airways suggested that a revision to the Boeing Model 737 
Airplane Flight Manual (AFM), Section 1 ``Certificate Limitations,'' or 
Section 3 ``Normal Procedures,'' might be a more appropriate location 
to allow the flightcrew to monitor valve operations during engine start 
and/or engine shutdown.
    We find that clarification is necessary. Changing these documents 
presupposes that every operator will have flightcrews perform this 
task. It is not our intention to require flightcrews to perform this 
task. Individual operators can modify their normal operating procedures 
to add this requirement.

Request To Clarify the Operational Check During Engine Start

    Qantas stated that it does not believe that paragraph B. of the 
Description column of figure 1 to paragraph (g) of the proposed AD (79 
FR 20834, April 14, 2014), which specifies to do an operational check 
during engine start, achieves the desired failure detection. Qantas 
stated that if the test fails (i.e., bright light fails to illuminate), 
the valve has failed to open; this is different than a valve that has 
failed to close. Qantas stated that the test should identify the failed 
actuator in the failure mode, which results in an unsafe condition.
    We infer that Qantas is requesting we clarify the operational check 
during engine start. We find that clarification is necessary. The check 
procedure is designed to make sure the fuel shutoff valve actuator 
moves to the open position from the closed position. However, if the 
fuel shutoff valve actuator had previously failed open, the actuator 
would not move the valve and this check would fail. If this check 
fails, the fuel shutoff valve actuator is either failed in the closed 
position or has failed previously in the open position. Either way, the 
failed fuel shutoff valve actuator must be replaced. We have not 
changed this AD in this regard.

Request To Add Requirement To Provide Electrical Power Before the 
Maintenance Check

    UAL requested we add a requirement to provide electrical power 
before accomplishment of the maintenance check specified by the 
proposed AD (79 FR 20834, April 14, 2014).
    We agree with the commenter's request because electrical power is 
required. In item C.1. of figure 1 to paragraph (g) of this AD, we have 
added an instruction to supply electrical power to the airplane using 
standard practices when performing the operational check.

Request To Reference the Fault Isolation Manual

    Boeing requested that figure 1 to paragraph (g) of the proposed AD 
(79 FR 20834, April 14, 2014) be revised in order to reference the 
Fault Isolation Manual (FIM), instead of the Boeing Model 737 Aircraft 
Maintenance Manual (AMM), should the operational check fail. Boeing 
stated that the faults are isolated to failed components using the FIM. 
The AMM provides instructions for removing and replacing identified 
failed components. Boeing stated that the light could fail to 
illuminate for reasons other than actuator failure.
    We disagree with the commenter's request to reference the FIM 
instead of the AMM. If an operational check fails, the failed component 
must be replaced. As Boeing stated, the AMM provides instructions for 
replacing failed components. The FIM also refers to the AMM for 
replacement of the fuel shutoff valve actuator after doing some 
preliminary testing. Operators may consult the FIM for guidance in 
troubleshooting other reasons the light could fail to illuminate. We 
have not changed this AD in this regard.

Request To Extend the Repetitive Interval for the Operational Checks

    ANA requested that the repetitive interval be revised from daily to 
15,000 flight hours or 6,000 flight hours, or a weekly interval. ANA 
stated that Boeing has included these repetitive intervals in certain 
maintenance documents. ANA commented that it has 38 airplanes in 
operation and it has never experienced a latent failure of the MOV 
actuator. ANA also stated that the possibility of the unsafe condition 
happening is very low. ANA stated that a daily interval is a burden to 
operators.
    DAL requested that the operational checks be required at intervals 
not to exceed 90 days or 1,400 flight cycles or 1,800 flight hours; DAL 
stated that this is similar to what is proposed by the original 
equipment manufacturer. DAL stated that Airworthiness Limitation Task 
28-AWL-MOV, ``Engine Fuel Shut-Off Valve (Fuel Spar Valve) Position 
Indication Operational Check,'' which was introduced by the proposed AD 
(79 FR 20834, April 14, 2014), would require daily operational checks 
of the engine fuel shutoff valve. DAL stated that it finds this will be 
an onerous operational requirement as it does not have maintenance 
personnel in all locations where the affected airplanes are operated. 
DAL stated that for this reason, it will be necessary for its 
flightcrews to accomplish the operational checks in order to comply 
with the daily requirement specified by the proposed AD.
    DAL also stated that the proposed AD (79 FR 20834, April 14, 2014) 
does not provide significant information as to how the daily check 
requirement was determined or why it differs so significantly from the 
compliance recommendation established by Boeing. DAL stated that 
lacking specific details of the methodology used by the FAA and the 
assumptions made to arrive at a daily check interval hinders the 
operator's ability to provide comments on the appropriateness of this 
interval. DAL stated that Boeing has indicated that its numeric safety 
analysis supports

[[Page 55531]]

a compliance period of 3,000 flight hours for the operational checks. 
DAL also stated that based on current DAL utilization, accomplishment 
of daily checks equates to accomplishing the check approximately 300 
times more frequently than the interval supported by the Boeing safety 
analysis.
    JAL requested that the FAA extend the inspection interval to a 
heavy maintenance opportunity. For Model 737-800 airplanes, JAL stated 
to set the heavy maintenance opportunity (such as ``C-Check'' and ``K-
Check'') at approximately 2-year intervals to efficiently accomplish 
the maintenance program.
    Qantas Airways requested an interval that can be effectively 
scheduled in aircraft maintenance control programs, such as a 7-day 
interval.
    Jim Way requested a monthly interval for the operational checks. 
Mr. Way stated that a daily check is too restrictive.
    Bradley Most requested that the daily inspection interval be 
revised to every 2 calendar days to accommodate ``international 
operations, out of station, overnight, etc.'' Mr. Most stated that the 
interval of daily lacks a clear definition.
    We disagree with the requests to extend the inspection interval. An 
increase in the inspection interval from daily to every other day, to 
weekly, or to 90 days, would result in 2, 7, or 90 times as many 
flights at risk in the event of an engine fire. The daily inspection 
has been deemed practical because, in practice, it will mean the 
flightcrew will need to watch a light as they start or shut down the 
engine using normal procedures. An increased interval to 6,000 flight 
hours would have no real effect on the unsafe condition since the fuel 
filter replacement currently detects the problem every 6,000 flight 
hours. In addition, an increased interval of 15,000 flight hours, or 24 
months, would similarly not improve safety. We have not changed this AD 
in this regard.

Request To Revise the Proposed Compliance Time for Revising the 
Maintenance or Inspection Program

    Mr. Most requested that the compliance time to revise the 
maintenance or inspection program be changed to 120 days after the 
effective date of this AD. Mr. Most stated that FAA offices are 
typically requesting 60 days to review an airplane maintenance or 
inspection program revision that is submitted for approval and, in many 
cases, are taking longer. Mr. Most stated that the current inspection 
interval would not allow operators enough time to revise the airplane 
maintenance or inspection program, submit it to FAA for approval, and 
implement the revised airplane maintenance or inspection program within 
30 days of the effective date.
    Jim Way requested that operators be given 90 days after the 
effective date of the proposed AD (79 FR 20834, April 14, 2014) to 
incorporate the actions specified in figure 1 to paragraph (g) of the 
proposed AD into the maintenance program. Mr. Way stated that single 
aircraft operators use a vendor to provide support for the inspection 
program revisions. Mr. Way stated that a 30-day compliance time after 
the effective date of the proposed AD is not enough time to properly 
make and submit the changes to the FAA's principal maintenance 
inspector for approval and implementation.
    We do not agree to revise the compliance time for revising the 
maintenance or inspection program beyond 30 days. The 30-day compliance 
time specified in paragraph (g) of this AD is consistent with other 
regulatory actions for other affected models in similar ADs. However, 
under the provisions of paragraph (i)(1) of this AD, we might consider 
requests for adjustments to the compliance time if data are submitted 
to substantiate that such an adjustment would provide an acceptable 
level of safety.

Request To Change the Initial Compliance Time for the Operational Check

    AA requested that 30 days be provided for the initial operational 
check after the airworthiness limitation (AWL) has been incorporated 
into its maintenance program. AA stated that this will allow for 
publishing the new criteria.
    We partially agree with AA's request concerning the compliance time 
for the initial operational check. We have changed the initial 
compliance time specified in paragraph (g) of this AD for accomplishing 
the actions specified in figure 1 to paragraph (g) of this AD from 7 to 
10 days. The compliance time of 10 days is consistent with other 
regulatory actions for other affected models in similar ADs. We have 
determined that 10 days for the initial inspection represents an 
appropriate time in which the required actions can be performed in a 
timely manner within the affected fleet, while still maintaining an 
adequate level of safety.

Request To Clarify Who Must Accomplish the Maintenance or Inspection 
Program Revision

    DAL requested that paragraph (g) of the proposed AD (79 FR 20834, 
April 14, 2014) be revised because it is not clear who must accomplish 
the action in this paragraph. DAL stated that operators do not control 
the AWL section of the ICA and, therefore, could not comply with the 
requirement. DAL stated that on Boeing Model 737NG airplanes, the AWLs 
are incorporated into Section 9 of the Maintenance Planning Document 
(MPD) by Boeing. DAL stated that the action in the NPRM would be one 
for the original equipment manufacturer to accomplish with a revision 
to the MPD, which would then be incorporated by the operators. DAL also 
stated that operators have control of their continuous airworthiness 
maintenance program (CAMP). DAL stated that in the NPRM, it is the 
intent of the operators to incorporate the AWL into their CAMP.
    We find that clarification is necessary. The requirement in 
paragraph (g) of this AD is to change the Airworthiness Limitations of 
the ICA for each affected airplane. Once that change is complete, 
operators will be compelled to change their maintenance program to 
include the new requirements of the revised Airworthiness Limitations. 
For Part 121 operators, changes to the CAMP will become necessary; but 
for other operators, the maintenance program may take a different form. 
We have not changed the AD in this regard.

Request To Remove Redundant Language

    DAL requested that certain language be removed from the proposed AD 
(79 FR 20834, April 14, 2014) because it is redundant. DAL stated that 
paragraph (h) of the proposed AD can be excluded because it states that 
no alternative actions or intervals can be used unless approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of the proposed AD. (Paragraph 
(i) of the proposed AD specifies the procedures and requirements for an 
AMOC.)
    We disagree with the commenter's request. It is necessary to 
include paragraph (h) of this AD (``No Alternative Actions or 
Intervals'') because it ensures that changes made after accomplishment 
of the maintenance or inspection program revision, e.g., using new 
versions of the maintenance or inspection program, are done only when 
approval of an AMOC is obtained from the FAA. We have not changed this 
AD in this regard.

Request To Revise the Costs of Compliance Paragraph

    DAL stated that the cost estimate provided in the NPRM (79 FR 
20834, April 14, 2014) is inaccurate. DAL

[[Page 55532]]

stated that the cost reflected in the NPRM is for incorporating the 
proposed program change into the operator's program only as a revision 
of the maintenance or inspection program.'' DAL stated the cost 
estimate presented is flawed in two aspects: It does not properly 
account for the cost operators will take on in implementing the program 
changes, and it does not account for the cost of actually performing 
the inspections specified by the proposed maintenance or inspection 
program changes.
    We infer that DAL is requesting we revise the Costs of Compliance 
paragraph. We acknowledge the commenter's concern. In this AD, the 
required action is to revise the maintenance or inspection program, as 
applicable, to include a new airworthiness limitation. The added 
airworthiness limitation requires an inspection of the position of the 
MOV actuator daily. However, these repetitive inspections, which are 
expected to take a few seconds to complete, are required by section 
91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)) once 
incorporated into the maintenance or inspection program.
    The cost analysis in AD rulemaking actions typically includes only 
the costs associated with complying with the AD. In this AD, the 
required action is the maintenance or inspection program revision, as 
applicable, to include the new airworthiness limitation. Accomplishing 
repetitive actions that are specified in the airworthiness limitation 
are not directly required by this AD. The FAA, as a matter of practice, 
does not include a cost estimate for these repetitive actions in an AD 
because these actions are required as part of the operating rules. 
Therefore, we have made no change to this AD in this regard.

Request To Clarify Wording for Operational Check Without Engine 
Operation

    UAL requested we revise the wording of the operational check 
without engine operation. UAL stated that in item C.3.a. and item 
C.4.a. in the Description column of figure 1 to paragraph (g) of this 
AD, either a tolerance should be added to the wording, or the word 
``approximately'' should be added before the phrase ``10 seconds.''
    We agree with the commenter's request. In item C.4.a. and item 
C.5.a. (which correspond to items C.3.a. and C.4.a. of the NPRM (79 FR 
20834, April 14, 2014)) in the Description column of figure 1 to 
paragraph (g) of this AD, we have added wording that indicates to wait 
``approximately'' 10 seconds after moving the ENG 1 and ENG 2 START 
LEVER on the CONTROL STAND to the IDLE position. We find that this 
change will allow flexibility during the operational check, while still 
maintaining an adequate level of safety.

Request To Correct Typographical Errors

    Boeing and DAL requested that we correct a typographical error in 
the proposed AD (79 FR 20834, April 14, 2014). Boeing and DAL stated 
that item A.1. in the Description column of figure 1 to paragraph (g) 
of the proposed AD, which states to ``do all operational checks . . 
.,'' the word ``all'' should be removed because the operational check 
is a singular check.
    We agree with the commenters' request. We have revised item A.1. in 
the Description column of figure 1 to paragraph (g) of this AD 
accordingly.
    Boeing also requested that certain other typographical errors in 
the proposed AD (79 FR 20834, April 14, 2014) be corrected to reduce 
the possibility of confusion regarding the requirements. Boeing stated 
that the Description column in figure 1 to paragraph (g) of the 
proposed AD should be revised as follows:
     Step B.2. has been skipped, and needs to be renumbered.
     In step B.1.a., the text ``START LEVEL STAND'' should be 
changed to ``START LEVER ON CONTROL STAND.''
     Steps C.2. and C.3. should be combined and renumbered.
     In step C.5.a., the text ``ENG @'' should be changed to 
``ENG 2.''
    We disagree with the comment. The stated typographical errors for 
step B.1.a., step B.2., and step C.5.a., do not exist in the regulatory 
text of the NPRM (79 FR 20834, April 14, 2014), as published. We 
disagree with combining steps C.2. and C.3 because the engine fire 
switches represent separate actions for the aft electronic panel and 
the forward overhead panel. We have not changed this AD in this regard.

Effect of Winglets on This AD

    Aviation Partners Boeing stated that the installation of winglets 
per Supplemental Type Certificate (STC) ST00830SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
3ed73703f205e3b386257e2f0064f3b1/$FILE/ST00830SE.pdf) does not affect 
the accomplishment of the manufacturer's service instructions.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD 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 (79 FR 20834, April 14, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 20834, April 14, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Interim Action

    We consider this AD interim action. The manufacturer is currently 
developing a modification that will address the unsafe condition 
identified in this AD. Once this modification is developed, approved, 
and available, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this AD affects 1,244 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Incorporating Airworthiness           1 work-hour x $85 per                $0              $85         $105,740
 Limitation.                           hour = $85.
----------------------------------------------------------------------------------------------------------------


[[Page 55533]]

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

    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):

2015-19-03 The Boeing Company: Amendment 39-18266; Docket No. FAA-
2014-0194; Directorate Identifier 2014-NM-022-AD.

(a) Effective Date

    This AD is effective October 21, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2823, Fuel Selector/
Shutoff Valve.

(e) Unsafe Condition

    This AD was prompted by reports of latently failed fuel shutoff 
valves discovered during fuel filter replacement. We are issuing 
this AD to detect and correct latent failures of the fuel shutoff 
valve to the engine, which could result in the inability to shut off 
fuel to the engine and, in case of certain engine fires, an 
uncontrollable fire that could lead to wing failure.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to add 
airworthiness limitation number 28-AWL-MOV, ``Engine Fuel Shutoff 
Valve (Fuel Spar Valve) Position Indication Operational Check,'' by 
incorporating the information specified in figure 1 to paragraph (g) 
of this AD into the Airworthiness Limitations Section of the 
Instructions for Continued Airworthiness. The initial compliance 
time for accomplishing the actions specified in 28-AWL-MOV is within 
10 days after accomplishing the maintenance or inspection program 
revision required by this paragraph.

      Figure 1 to Paragraph (g) of This AD--Engine Fuel Shutoff Valve (Fuel Spar Valve) Position Indication
                                                Operational Check
----------------------------------------------------------------------------------------------------------------
           AWL No.                 Task            Interval           Applicability            Description
----------------------------------------------------------------------------------------------------------------
28-AWL-MOV..................  ALI            DAILY...............  737-600, -700, -     Engine Fuel Shutoff
                                             INTERVAL NOTE: The     700C, -800, -900,    Valve (Fuel Spar Valve)
                                              operational check     and -900ER series    Position Indication
                                              is not required on    airplanes.           Operational Check.
                                              days when the        APPLICABILITY NOTE:  Concern: The fuel spar
                                              airplane is not       Only applies to      valve actuator design
                                              used in revenue       airplanes with a     can result in airplanes
                                              service. The check    fuel spar valve      operating with a failed
                                              must be done before   actuator having      fuel spar valve
                                              further flight once   part number          actuator that is not
                                              the airplane is       MA20A2027            reported. A latently
                                              returned to revenue   (S343T003-56) or     failed fuel spar valve
                                              service..             MA30A1001            actuator could prevent
                                                                    (S343T003-66)        fuel shutoff to an
                                                                    installed at the     engine. In the event of
                                                                    engine fuel spar     certain engine fires,
                                                                    valve positions..    the potential exists
                                                                                         for an engine fire to
                                                                                         be uncontrollable.
                                                                                        Perform one of the
                                                                                         following checks of the
                                                                                         engine fuel spar valve
                                                                                         position (unless
                                                                                         checked by the
                                                                                         flightcrew in a manner
                                                                                         approved by the
                                                                                         principal operations
                                                                                         inspector):
                                                                                        A. Operational Check
                                                                                         during engine shutdown.
                                                                                        1. Do an operational
                                                                                         check of the left
                                                                                         engine fuel spar valve
                                                                                         actuator.
                                                                                        a. As the ENG 1 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND is moved to the
                                                                                         CUTOFF position, verify
                                                                                         the SPAR VALVE CLOSED
                                                                                         indication light on the
                                                                                         OVERHEAD PANEL for No.1
                                                                                         Engine changes from OFF
                                                                                         to BRIGHT then DIM.
                                                                                        b. If the test fails
                                                                                         (bright light fails to
                                                                                         illuminate), before
                                                                                         further flight, repair
                                                                                         faults as required
                                                                                         (refer to Boeing
                                                                                         Aircraft Maintenance
                                                                                         Manual (AMM) 28-22-11).

[[Page 55534]]

 
                                                                                        2. Do an operational
                                                                                         check of the right
                                                                                         engine fuel spar valve
                                                                                         actuator.
                                                                                        a. As the ENG 2 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND is moved to the
                                                                                         CUTOFF position, verify
                                                                                         the SPAR VALVE CLOSED
                                                                                         indication light on the
                                                                                         OVERHEAD PANEL for No.
                                                                                         2 Engine changes from
                                                                                         OFF to BRIGHT then DIM.
                                                                                        b. If the test fails
                                                                                         (bright light fails to
                                                                                         illuminate), before
                                                                                         further flight, repair
                                                                                         faults as required
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
                                                                                        B. Operational check
                                                                                         during engine start.
                                                                                        1. Do an operational
                                                                                         check of the left
                                                                                         engine fuel spar valve
                                                                                         actuator.
                                                                                        a. As the ENG 1 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND is moved to the
                                                                                         IDLE position, verify
                                                                                         the SPAR VALVE CLOSED
                                                                                         indication light on the
                                                                                         OVERHEAD PANEL for No.
                                                                                         1 Engine changes from
                                                                                         DIM to BRIGHT then OFF.
                                                                                        b. If the test fails
                                                                                         (bright light fails to
                                                                                         illuminate), before
                                                                                         further flight, repair
                                                                                         faults as required
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
                                                                                        2. Do an operational
                                                                                         check of the right
                                                                                         engine fuel spar valve
                                                                                         actuator.
                                                                                        a. As the ENG 2 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND is moved to the
                                                                                         IDLE position, verify
                                                                                         the SPAR VALVE CLOSED
                                                                                         indication light on the
                                                                                         OVERHEAD PANEL for No.
                                                                                         2 Engine changes from
                                                                                         DIM to BRIGHT then OFF.
                                                                                        b. If the test fails
                                                                                         (bright light fails to
                                                                                         illuminate), before
                                                                                         further flight, repair
                                                                                         faults as required
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
                                                                                        C. Operational check
                                                                                         without engine
                                                                                         operation.
                                                                                        1. Supply electrical
                                                                                         power to airplane using
                                                                                         standard practices.
                                                                                        2. Make sure No. 1 and
                                                                                         No. 2 Engine FIRE
                                                                                         switches on the Aft
                                                                                         Electronic Panel are in
                                                                                         the NORMAL (IN)
                                                                                         position.
                                                                                        3. Make sure No. 1 and
                                                                                         No. 2 Engine Start
                                                                                         Switches on the Forward
                                                                                         Overhead Panel are in
                                                                                         the OFF or AUTO
                                                                                         position.
                                                                                        4. Do an operational
                                                                                         check to the left
                                                                                         engine fuel spar valve
                                                                                         actuator.
                                                                                        a. Move ENG 1 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND to the IDLE
                                                                                         position and wait
                                                                                         approximately 10
                                                                                         seconds.
                                                                                        NOTE: It is normal under
                                                                                         this test condition for
                                                                                         the ENG VALVE CLOSED
                                                                                         indication light on the
                                                                                         OVERHEAD PANEL to
                                                                                         transition from DIM to
                                                                                         BRIGHT and stay BRIGHT.
                                                                                        b. Move ENG 1 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND to the CUTOFF
                                                                                         position.
                                                                                        c. Verify the SPAR VALVE
                                                                                         CLOSED indication light
                                                                                         on the OVERHEAD PANEL
                                                                                         for No. 1 Engine
                                                                                         changes from OFF to
                                                                                         BRIGHT then DIM.
                                                                                        d. If the test fails
                                                                                         (bright light fails to
                                                                                         illuminate), before
                                                                                         further flight, repair
                                                                                         faults as required
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
                                                                                        5. Do an operational
                                                                                         check of the right
                                                                                         engine fuel spar valve
                                                                                         actuator.
                                                                                        a. Move ENG 2 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND to the IDLE
                                                                                         position and wait
                                                                                         approximately 10
                                                                                         seconds.
                                                                                        NOTE: It is normal under
                                                                                         this test condition for
                                                                                         the ENG VALVE CLOSED
                                                                                         indication light on the
                                                                                         OVERHEAD PANEL to
                                                                                         transition from DIM to
                                                                                         BRIGHT and stay BRIGHT.
                                                                                        b. Move ENG 2 START
                                                                                         LEVER on the CONTROL
                                                                                         STAND to the CUTOFF
                                                                                         position.

[[Page 55535]]

 
                                                                                        c. Verify the SPAR VALVE
                                                                                         CLOSED indication light
                                                                                         on the OVERHEAD PANEL
                                                                                         for No. 2 Engine
                                                                                         changes from OFF to
                                                                                         BRIGHT then DIM.
                                                                                        d. If the test fails
                                                                                         (bright light fails to
                                                                                         illuminate), before
                                                                                         further flight, repair
                                                                                         faults as required
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
                                                                                        D. Perform an inspection
                                                                                         of the engine fuel spar
                                                                                         valve actuator
                                                                                         position.
                                                                                        NOTE: This inspection
                                                                                         may be used whenever
                                                                                         the SPAR VALVE light
                                                                                         does not function
                                                                                         properly.
                                                                                        1. Make sure the L FUEL
                                                                                         CONTROL switch on the
                                                                                         quadrant control stand
                                                                                         is in the CUTOFF
                                                                                         position.
                                                                                        NOTE: It is not
                                                                                         necessary to cycle the
                                                                                         FUEL CONTROL switch to
                                                                                         do this inspection.
                                                                                        2. Inspect the left
                                                                                         engine fuel spar valve
                                                                                         actuator located in the
                                                                                         left rear spar.
                                                                                        NOTE: The left engine
                                                                                         fuel spar valve
                                                                                         actuator is on the left
                                                                                         wing front spar
                                                                                         outboard of the engine
                                                                                         strut. Access is
                                                                                         through access panel
                                                                                         521BB on the left wing
                                                                                         leading edge.
                                                                                        a. Verify the manual
                                                                                         override handle on the
                                                                                         engine fuel spar valve
                                                                                         actuator is in the
                                                                                         CLOSED position.
                                                                                        b. Repair or replace any
                                                                                         engine fuel spar valve
                                                                                         actuator that is not in
                                                                                         the CLOSED position
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
                                                                                        3. Make sure the R FUEL
                                                                                         CONTROL switch on the
                                                                                         quadrant control stand
                                                                                         is in the CUTOFF
                                                                                         position.
                                                                                        NOTE: It is not
                                                                                         necessary to cycle the
                                                                                         FUEL CONTROL switch to
                                                                                         do this inspection.
                                                                                        4. Inspect the right
                                                                                         engine fuel spar valve
                                                                                         actuator located in the
                                                                                         right rear spar.
                                                                                        NOTE: The right engine
                                                                                         fuel spar valve
                                                                                         actuator is on the
                                                                                         right wing front spar
                                                                                         outboard of the engine
                                                                                         strut. Access is
                                                                                         through access panel
                                                                                         621BB on the right wing
                                                                                         leading edge.
                                                                                        a. Verify the manual
                                                                                         override handle on the
                                                                                         engine fuel spar valve
                                                                                         actuator is in the
                                                                                         CLOSED position.
                                                                                        b. Repair or replace any
                                                                                         engine fuel spar valve
                                                                                         actuator that is not in
                                                                                         the CLOSED position
                                                                                         (refer to Boeing AMM 28-
                                                                                         22-11).
----------------------------------------------------------------------------------------------------------------

(h) No Alternative Actions or Intervals

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

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO) 
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 ACO, send it to the 
attention of the person identified in paragraph (j) 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.

(j) Related Information

    For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6509; fax: 425-917-6590; email: 
[email protected].

(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on September 7, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2015-23117 Filed 9-15-15; 8:45 am]
BILLING CODE 4910-13-P