Boeing is claiming that the service time of their wiring setup is sufficient evidence to justify an exception to applying the harsher model.
It is not an incredulous claim, and not a trivial dilemma.
I'm not an aerospace expert, but I know that even major automakers usually won't allow their dealers to do repairs to wiring harnesses because it poses too much risk.
A popular topic on online car forums is electrical gremlins, almost always from crummy electrical repairs.
[1] some makes/models are particularly subject to this (FIAT do you hear me?) , and it is very common to need to spray some WD-40 or similar once a year or so on contacts/connectors of tail lights/turn lights.
If the repair doesn't make the planes safe according to the regulations they should have been built for, then the planes need to be scrapped.
If the repair makes the plane meet the letter of the regulations but introduces risks that the regulations didn't consider, you've done a good job at meeting regulations but a bad job at managing actual risk.
In fact, there is another possibility: that the planes were never airworthy and should have never be flown in the first place and, if they can't be made airworthy, then they should be scrapped.
Although, to play devil's advocate with Boeing's point: if you are to say that those planes are not airworthy because of their cable spacing, then no 737 is airworthy, as the regulation is new.
In this particular case the fact that it is aviation standards for wire separation at issue, when those are typically stupefyingly conservative, means that "doing nothing" may well be the safest course. But I am NOT an expert in this area, so don't trust me!
One way to help make the decision is to try and get money out of the equation. If the two options are "pay for the rework" or "pay a fine equal to the cost of the rework", then any company that opts for the fine might actually believe in that approach.
I get your point, but isn't it ultimately about money anyway? If they can wire a plane correctly when they're building it, they surely can rewire a plane later - they might have to remove more stuff, worst case scenario reverting the plane to the same state it would be for an original rewire, and I suppose the reason they don't want to do that is money.
I can't understand the decision to "ship" with a potentially catastrophic failure that would cost many lives otherwise. I don't think this should be a dilemma. IMHO the two sensible options from a regulator point of view seem to be "make the plane safe to fly, and if that's expensive, tough luck" and "don't fly the plane".
But I would not trust Boeing to make that calculation and even the FAA's reputation has been dented (which is why I think they are being hard-arses about it) but it could be retrofitting is not the right choice.
I would probably be happier if the FAA and the ESA decided independently whether to allow it.
Similarly, if safety trumped all else, there would be no aviation industry.