Airworthiness Directives; The Boeing Company Airplanes, 229-232 [2017-28148]
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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations
2015–00237R1, dated December 16, 2015, for
related information. You may examine the
MCAI on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2017–1177.
(2) For more information about this AD,
contact Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue
SW, Renton, WA 98057–3356; telephone
425–227–1112; fax 425–227–1149.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.
(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 this AD specifies otherwise.
(i) ATR Service Bulletin ATR42–31–0091,
Revision 1, dated May 05, 2015.
(ii) ATR Service Bulletin ATR72–31–1092,
Revision 2, dated March 31, 2015.
(3) For service information identified in
this AD, contact ATR–GIE Avions de
´
´
Transport Regional, 1, Allee Pierre Nadot,
31712 Blagnac Cedex, France; telephone +33
(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18;
email continued.airworthiness@atraircraft.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW, Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
December 20, 2017.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2017–28147 Filed 1–2–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
jstallworth on DSKBBY8HB2PROD with RULES
14 CFR Part 39
[Docket No. FAA–2017–0519; Product
Identifier 2017–NM–001–AD; Amendment
39–19138; AD 2017–26–07]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
15:15 Jan 02, 2018
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ACTION:
Final rule.
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 757–200,
–200CB, and –300 series airplanes. This
AD was prompted by a report of fatigue
cracking found in a certain fuselage
frame web. This AD requires inspection
of the fuselage frame for existing repairs,
repetitive inspections of the frame, and
applicable repairs. We are issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective February 7,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 7, 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;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Transport Standards Branch, 1601
Lind Avenue SW, Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
0519.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0519; 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 final rule, 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:
Muoi Vuong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5205; fax: 562–627–
5210; email: muoi.vuong@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
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229
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 757–200, –200CB, and –300
series airplanes. The NPRM published
in the Federal Register on June 2, 2017
(82 FR 25550). The NPRM was
prompted by a report of fatigue cracking
found in the fuselage frame web at
station (STA) 1681, below the floor line
at stringer S–17L. The NPRM proposed
to require inspection of the fuselage
frame for existing repairs, repetitive
inspections of the frame, and applicable
repairs. We are issuing this AD to detect
and correct cracking of the fuselage
frame at STA 1681, which could result
in reduced structural integrity 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
United Airlines agreed with the
content of the NPRM, and has started
the proposed inspections.
FedEx’s fleet of Model 757–200
airplanes was converted by VT Mobile
Aerospace Engineering, Inc. (VT MAE),
supplemental type certificate (STC)
ST03562AT to a configuration similar to
that of Boeing Model 757–200SF
airplanes, and is no longer configured as
passenger airplanes. FedEx stated,
however, that per the VT MAE
comments to the NPRM, the AD would
still be effective for the converted FedEx
fleet. FedEx noted that VT MAE has
recommended that the airplane
configuration groups identified in
Boeing Alert Service Bulletin 757–
53A0100, dated November 14, 2016,
apply to the FedEx fleet. FedEx stated
that it agrees with the airplane
configuration groups cited by VT MAE
and will comply with the actions in the
proposed AD accordingly.
Request To Reference the Latest Service
Information
Boeing asked that we add Boeing
Alert Service Bulletin 757–53A0100,
Revision 1, dated September 14, 2017,
to paragraphs (c), (g), (h)(1), and (h)(2)
of the proposed AD as an alternative to
using Boeing Alert Service Bulletin
757–53A0100, dated November 14, 2016
(referenced in the NPRM as the
appropriate source of service
information for accomplishing the
actions). Boeing stated that the revised
service information provides alternative
inspections that allow longer inspection
intervals.
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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations
We agree that this final rule should
refer to the latest service information.
Since we issued the NPRM, Boeing has
released Boeing Alert Service Bulletin
757–53A0100, Revision 1, dated
September 14, 2017. No additional work
is necessary on airplanes on which the
actions were performed before the
effective date of this AD using Boeing
Alert Service Bulletin 757–53A0100,
dated November 14, 2016. We have
therefore revised paragraphs (c), (g),
(h)(1), and (h)(2) of this AD to refer to
Boeing Alert Service Bulletin 757–
53A0100, Revision 1, dated September
14, 2017. We have also added paragraph
(i) to this AD to provide credit for using
Boeing Alert Service Bulletin 757–
53A0100, dated November 14, 2016, to
accomplish the required actions before
the effective date of this AD, and
redesignated subsequent paragraphs
accordingly.
jstallworth on DSKBBY8HB2PROD with RULES
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing the STC ST01518SE does
not affect compliance with the actions
specified in the NPRM.
We agree with the commenter. We
have redesignated paragraph (c) of the
proposed AD as paragraph (c)(1) and
added paragraph (c)(2) to this AD to
state that installation of STC ST01518SE
does not affect the ability to accomplish
the actions required by this AD.
Therefore, for airplanes on which STC
ST01518SE is installed, a ‘‘change in
product’’ alternative method of
compliance (AMOC) approval request is
not necessary to comply with the
requirements of 14 CFR 39.17.
Request To Clarify Exception
Paragraph
Delta Air Lines (Delta) asked that we
clarify the following compliance time
exception specified by paragraph (h)(1)
of the proposed AD: ‘‘Where Boeing
Alert Service Bulletin 757–53A0100,
dated November 14, 2016, uses the
phrase ‘after the original issue of this
service bulletin’ for determining
compliance, for purposes of this AD,
compliance is based on the effective
date of this AD.’’ Delta noted that the
allowance for the phrase ‘‘after the
effective date of this AD’’ could not
strictly be applied without requesting
further clarification in accordance with
paragraph (i) of the proposed AD. Delta
recommended that this phrase match
the language specified in the referenced
service bulletin.
We agree with the commenter’s
request. We have revised the language
in paragraph (h)(1) of this AD to address
the commenter’s concern.
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Request To Change Repair Procedures
FedEx asked that we revise the NPRM
to specify that after repairs are done due
to a crack finding, repetitive inspections
be required only as based on the original
equipment manufacturer (OEM), STC
holder, or FAA requirements of the
repair. FedEx also asked that the
repetitive inspections be terminated for
the portion of the inspection area
covered by the repair. FedEx stated that
Boeing Alert Service Bulletin 757–
53A0100, dated November 14, 2016,
specifies repetitive high frequency eddy
current inspections in accordance with
the applicable figure in the referenced
service information, regardless of
whether a repair is installed due to a
crack finding. FedEx added that if a
repair is installed due to a crack finding,
repetitive inspections of the repair are
required in accordance with the OEM/
STC holder and FAA requirements.
We agree to provide clarification
describing why the commenter’s request
to revise the NPRM is not necessary.
The service bulletin is written such that
the affected area is first inspected to
determine if any repairs have been
installed prior to the service bulletin. If
an existing repair is found, then
instructions are provided to contact
Boeing for evaluation of the repair, to
receive inspection instructions, and to
do the inspection instructions.
Paragraph (h)(2) of this AD requires that
instructions received from Boeing are
approved in accordance with AMOC
procedures per paragraph (j) of this AD.
The service bulletin then proceeds to
address affected areas where an existing
repair (as described above) does not
exist by providing instructions to
perform certain inspections to
determine if a crack exists. When a
crack is found, the service bulletin
specifies to contact Boeing for repair
instructions, do the repair, and then
perform a repetitive inspection after a
certain number of flight cycles for any
crack in areas with no existing frame
repair. These instructions must also be
approved, per paragraph (h)(2) of this
AD, in accordance with AMOC
procedures per paragraph (j) of this AD.
If a repair has been performed as a result
of the previous inspection, the repetitive
inspection is to be performed around
the repair, but not of the repair itself.
There are no repetitive inspections of
the repairs specifically called out in the
service bulletin. Each repetitive
inspection in Tables 1 through Table 5
typically states at the end of the action,
‘‘in areas with no existing frame repair.’’
As clarified above, this means to inspect
the area around the existing frame
repair. Therefore, there is no need to
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terminate the repetitive inspections
within the service bulletin for the
portion of the inspection area now
covered by a repair. However, as
previously stated, inspections of the
repairs themselves will be addressed by
AMOC. We have not changed this AD in
this regard.
Request To Add Information Notice to
Service Information
FedEx asked that Boeing Alert Service
Bulletin Information Notice 757–
53A0100 IN 01, dated December 15,
2016, be referenced in the proposed AD.
FedEx stated that IN 01 contains
corrections to Boeing Alert Service
Bulletin 757–53A0100, dated November
14, 2016.
We do not agree with the commenter’s
request. Boeing Alert Service Bulletin
Information Notice 757–53A0100 IN 01,
dated December 15, 2016, contains
corrections to errors in Boeing Alert
Service Bulletin 757–53A0100, dated
November 14, 2016, but contains no
technical changes. Those corrections are
included in Boeing Alert Service
Bulletin 757–53A0100, Revision 1,
dated September 14, 2017, which, as
explained previously, is referenced in
this AD; therefore, 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
correcting 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 Alert Service
Bulletin 757–53A0100, Revision 1,
dated September 14, 2017. The service
information describes procedures for
inspection of the fuselage frame for
existing frame and floor beam repairs,
repetitive high frequency eddy current
inspections for cracking in any area
with no existing frame repair, and
repetitive high and low frequency eddy
current inspections for cracking in any
area with no existing frame or floor
beam repair; and repair. This service
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Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations
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
231
the following costs to comply with this
AD:
We estimate that this AD affects 606
airplanes of U.S. registry. We estimate
ESTIMATED COSTS
Action
Labor cost
Inspection for existing
frame and floor beam
repairs.
Repetitive inspections ..
1 work-hour × $85 per hour = $85 .....................
$0
$85 ...............................
$51,510.
Up to 32 work-hours × $85 per hour = up to
$2,720 per inspection cycle.
$0
Up to $2,720 per inspection cycle.
Up to $1,648,320 per
inspection cycle.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition repair
specified in this AD.
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 to the Director of the System
Oversight Division.
jstallworth on DSKBBY8HB2PROD with RULES
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
15:15 Jan 02, 2018
Cost per product
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2017–26–07 The Boeing Company:
Amendment 39–19138; Docket No.
FAA–2017–0519; Product Identifier
2017–NM–001–AD.
(a) Effective Date
This AD is effective February 7, 2018.
Regulatory Findings
VerDate Sep<11>2014
Parts cost
Jkt 244001
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing
Company Model 757–200, –200CB, and –300
series airplanes, certificated in any category,
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Cost on U.S. operators
as identified in Boeing Alert Service Bulletin
757–53A0100, Revision 1, dated September
14, 2017.
(2) Installation of Supplemental Type
Certificate (STC) ST01518SE (https://
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgstc.nsf/0/
312bc296830a925c86257c85006d1b1f/$FILE/
ST01518SE.pdf) does not affect the ability to
accomplish the actions required by this AD.
Therefore, for airplanes on which STC
ST01518SE is installed, a ‘‘change in
product’’ alternative method of compliance
(AMOC) approval request is not necessary to
comply with the requirements of 14 CFR
39.17.
(d) Subject
Air Transport Association (ATA) of
America Code 53; Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of
fatigue cracking found in the fuselage frame
web at station (STA) 1681. We are issuing
this AD to detect and correct cracking of the
fuselage frame at STA 1681, which could
result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Actions Required for Compliance
Except as required by paragraph (h) of this
AD: Do all applicable actions identified as
required for compliance (RC) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
757–53A0100, Revision 1, dated September
14, 2017. Do the actions at the applicable
times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 757–53A0100, Revision 1, dated
September 14, 2017.
(h) Exceptions
(1) For purposes of determining
compliance with the requirements of this AD,
the phrase ‘‘the effective date of this AD’’
may be substituted for ‘‘the original issue
date of this service bulletin’’ as specified in
Boeing Alert Service Bulletin 757–53A0100,
Revision 1, dated September 14, 2017.
(2) Where Boeing Alert Service Bulletin
757–53A0100, Revision 1, dated September
14, 2017, specifies contacting Boeing for
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instructions, and specifies that action as RC:
This AD requires using a method approved
in accordance with the procedures specified
in paragraph (j) of this AD.
(i) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Alert
Service Bulletin 757–53A0100, dated
November 14, 2016.
jstallworth on DSKBBY8HB2PROD with RULES
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles 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 (k)(1) of
this AD. Information may be emailed to 9ANM-LAACO-AMOC-Requests@faa.gov.
(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, Los Angeles
ACO Branch, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (h)(2)
of this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (j)(4)(i) and (j)(4)(ii)
of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(k) Related Information
(1) For more information about this AD,
contact Muoi Vuong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5205; fax: 562–627–5210; email:
muoi.vuong@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
VerDate Sep<11>2014
15:15 Jan 02, 2018
Jkt 244001
available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
(l) 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 Alert Service Bulletin 757–
53A0100, Revision 1, dated September 14,
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;
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW, Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
December 14, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft
Certification Service.
[FR Doc. 2017–28148 Filed 1–2–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 864
[Docket No. FDA–2017–N–6599]
Medical Devices; Hematology and
Pathology Devices; Classification of a
Cervical Intraepithelial Neoplasia Test
System
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or we) is
classifying the cervical intraepithelial
neoplasia (CIN) test system into class II
(special controls). The special controls
that apply to the device type are
identified in this order and will be part
of the codified language for the CIN test
system’s classification. We are taking
this action because we have determined
SUMMARY:
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that classifying the device into class II
(special controls) will provide a
reasonable assurance of safety and
effectiveness of the device. We believe
this action will also enhance patients’
access to beneficial innovative devices,
in part by reducing regulatory burdens.
DATES: This order is effective January 3,
2018. The classification was applicable
on March 4, 2017.
FOR FURTHER INFORMATION CONTACT:
Steven Tjoe, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4550, Silver Spring,
MD 20993–0002, 301–796–5866,
steven.tjoe@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon request, FDA has classified the
cervical intraepithelial neoplasia (CIN)
test system as class II (special controls),
which we have determined will provide
a reasonable assurance of safety and
effectiveness. In addition, we believe
this action will enhance patients’ access
to beneficial innovation, in part by
reducing regulatory burdens by placing
the device into a lower device class than
the automatic class III assignment.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act (21
U.S.C. 360c(i)) to a predicate device that
does not require premarket approval.
We determine whether a new device is
substantially equivalent to a predicate
by means of the procedures for
premarket notification under section
510(k) of the FD&C Act and part 807 (21
U.S.C. 360(k) and 21 CFR part 807,
respectively).
FDA may also classify a device
through ‘‘De Novo’’ classification, a
common name for the process
authorized under section 513(f)(2) of the
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 229-232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28148]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0519; Product Identifier 2017-NM-001-AD; Amendment
39-19138; AD 2017-26-07]
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 757-200, -200CB, and -300 series airplanes.
This AD was prompted by a report of fatigue cracking found in a certain
fuselage frame web. This AD requires inspection of the fuselage frame
for existing repairs, repetitive inspections of the frame, and
applicable repairs. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 7, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 7,
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; telephone 562-797-1717; internet https://www.myboeingfleet.com.
You may view this service information at the FAA, Transport Standards
Branch, 1601 Lind Avenue SW, Renton, WA. For information on the
availability of this material at the FAA, call 425-227-1221. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0519.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0519; 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 final rule, 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: Muoi Vuong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5205; fax: 562-627-
5210; 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 757-200, -200CB, and -300 series airplanes. The NPRM published in
the Federal Register on June 2, 2017 (82 FR 25550). The NPRM was
prompted by a report of fatigue cracking found in the fuselage frame
web at station (STA) 1681, below the floor line at stringer S-17L. The
NPRM proposed to require inspection of the fuselage frame for existing
repairs, repetitive inspections of the frame, and applicable repairs.
We are issuing this AD to detect and correct cracking of the fuselage
frame at STA 1681, which could result in reduced structural integrity
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
United Airlines agreed with the content of the NPRM, and has
started the proposed inspections.
FedEx's fleet of Model 757-200 airplanes was converted by VT Mobile
Aerospace Engineering, Inc. (VT MAE), supplemental type certificate
(STC) ST03562AT to a configuration similar to that of Boeing Model 757-
200SF airplanes, and is no longer configured as passenger airplanes.
FedEx stated, however, that per the VT MAE comments to the NPRM, the AD
would still be effective for the converted FedEx fleet. FedEx noted
that VT MAE has recommended that the airplane configuration groups
identified in Boeing Alert Service Bulletin 757-53A0100, dated November
14, 2016, apply to the FedEx fleet. FedEx stated that it agrees with
the airplane configuration groups cited by VT MAE and will comply with
the actions in the proposed AD accordingly.
Request To Reference the Latest Service Information
Boeing asked that we add Boeing Alert Service Bulletin 757-53A0100,
Revision 1, dated September 14, 2017, to paragraphs (c), (g), (h)(1),
and (h)(2) of the proposed AD as an alternative to using Boeing Alert
Service Bulletin 757-53A0100, dated November 14, 2016 (referenced in
the NPRM as the appropriate source of service information for
accomplishing the actions). Boeing stated that the revised service
information provides alternative inspections that allow longer
inspection intervals.
[[Page 230]]
We agree that this final rule should refer to the latest service
information. Since we issued the NPRM, Boeing has released Boeing Alert
Service Bulletin 757-53A0100, Revision 1, dated September 14, 2017. No
additional work is necessary on airplanes on which the actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 757-53A0100, dated November 14, 2016. We have
therefore revised paragraphs (c), (g), (h)(1), and (h)(2) of this AD to
refer to Boeing Alert Service Bulletin 757-53A0100, Revision 1, dated
September 14, 2017. We have also added paragraph (i) to this AD to
provide credit for using Boeing Alert Service Bulletin 757-53A0100,
dated November 14, 2016, to accomplish the required actions before the
effective date of this AD, and redesignated subsequent paragraphs
accordingly.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing the STC
ST01518SE does not affect compliance with the actions specified in the
NPRM.
We agree with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) and added paragraph (c)(2) to this
AD to state that installation of STC ST01518SE does not affect the
ability to accomplish the actions required by this AD. Therefore, for
airplanes on which STC ST01518SE is installed, a ``change in product''
alternative method of compliance (AMOC) approval request is not
necessary to comply with the requirements of 14 CFR 39.17.
Request To Clarify Exception Paragraph
Delta Air Lines (Delta) asked that we clarify the following
compliance time exception specified by paragraph (h)(1) of the proposed
AD: ``Where Boeing Alert Service Bulletin 757-53A0100, dated November
14, 2016, uses the phrase `after the original issue of this service
bulletin' for determining compliance, for purposes of this AD,
compliance is based on the effective date of this AD.'' Delta noted
that the allowance for the phrase ``after the effective date of this
AD'' could not strictly be applied without requesting further
clarification in accordance with paragraph (i) of the proposed AD.
Delta recommended that this phrase match the language specified in the
referenced service bulletin.
We agree with the commenter's request. We have revised the language
in paragraph (h)(1) of this AD to address the commenter's concern.
Request To Change Repair Procedures
FedEx asked that we revise the NPRM to specify that after repairs
are done due to a crack finding, repetitive inspections be required
only as based on the original equipment manufacturer (OEM), STC holder,
or FAA requirements of the repair. FedEx also asked that the repetitive
inspections be terminated for the portion of the inspection area
covered by the repair. FedEx stated that Boeing Alert Service Bulletin
757-53A0100, dated November 14, 2016, specifies repetitive high
frequency eddy current inspections in accordance with the applicable
figure in the referenced service information, regardless of whether a
repair is installed due to a crack finding. FedEx added that if a
repair is installed due to a crack finding, repetitive inspections of
the repair are required in accordance with the OEM/STC holder and FAA
requirements.
We agree to provide clarification describing why the commenter's
request to revise the NPRM is not necessary. The service bulletin is
written such that the affected area is first inspected to determine if
any repairs have been installed prior to the service bulletin. If an
existing repair is found, then instructions are provided to contact
Boeing for evaluation of the repair, to receive inspection
instructions, and to do the inspection instructions. Paragraph (h)(2)
of this AD requires that instructions received from Boeing are approved
in accordance with AMOC procedures per paragraph (j) of this AD. The
service bulletin then proceeds to address affected areas where an
existing repair (as described above) does not exist by providing
instructions to perform certain inspections to determine if a crack
exists. When a crack is found, the service bulletin specifies to
contact Boeing for repair instructions, do the repair, and then perform
a repetitive inspection after a certain number of flight cycles for any
crack in areas with no existing frame repair. These instructions must
also be approved, per paragraph (h)(2) of this AD, in accordance with
AMOC procedures per paragraph (j) of this AD. If a repair has been
performed as a result of the previous inspection, the repetitive
inspection is to be performed around the repair, but not of the repair
itself. There are no repetitive inspections of the repairs specifically
called out in the service bulletin. Each repetitive inspection in
Tables 1 through Table 5 typically states at the end of the action,
``in areas with no existing frame repair.'' As clarified above, this
means to inspect the area around the existing frame repair. Therefore,
there is no need to terminate the repetitive inspections within the
service bulletin for the portion of the inspection area now covered by
a repair. However, as previously stated, inspections of the repairs
themselves will be addressed by AMOC. We have not changed this AD in
this regard.
Request To Add Information Notice to Service Information
FedEx asked that Boeing Alert Service Bulletin Information Notice
757-53A0100 IN 01, dated December 15, 2016, be referenced in the
proposed AD. FedEx stated that IN 01 contains corrections to Boeing
Alert Service Bulletin 757-53A0100, dated November 14, 2016.
We do not agree with the commenter's request. Boeing Alert Service
Bulletin Information Notice 757-53A0100 IN 01, dated December 15, 2016,
contains corrections to errors in Boeing Alert Service Bulletin 757-
53A0100, dated November 14, 2016, but contains no technical changes.
Those corrections are included in Boeing Alert Service Bulletin 757-
53A0100, Revision 1, dated September 14, 2017, which, as explained
previously, is referenced in this AD; therefore, 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 correcting 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 Alert Service Bulletin 757-53A0100, Revision 1,
dated September 14, 2017. The service information describes procedures
for inspection of the fuselage frame for existing frame and floor beam
repairs, repetitive high frequency eddy current inspections for
cracking in any area with no existing frame repair, and repetitive high
and low frequency eddy current inspections for cracking in any area
with no existing frame or floor beam repair; and repair. This service
[[Page 231]]
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 606 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection for existing frame and 1 work-hour x $85 $0 $85................ $51,510.
floor beam repairs. per hour = $85.
Repetitive inspections........... Up to 32 work-hours $0 Up to $2,720 per Up to $1,648,320
x $85 per hour = inspection cycle. per inspection
up to $2,720 per cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for the on-condition repair specified in this AD.
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 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):
2017-26-07 The Boeing Company: Amendment 39-19138; Docket No. FAA-
2017-0519; Product Identifier 2017-NM-001-AD.
(a) Effective Date
This AD is effective February 7, 2018.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 757-200, -200CB,
and -300 series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 757-53A0100, Revision 1,
dated September 14, 2017.
(2) Installation of Supplemental Type Certificate (STC)
ST01518SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/312bc296830a925c86257c85006d1b1f/$FILE/ST01518SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01518SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 53; Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of fatigue cracking found in
the fuselage frame web at station (STA) 1681. We are issuing this AD
to detect and correct cracking of the fuselage frame at STA 1681,
which could result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Actions Required for Compliance
Except as required by paragraph (h) of this AD: Do all
applicable actions identified as required for compliance (RC) in,
and in accordance with, the Accomplishment Instructions of Boeing
Alert Service Bulletin 757-53A0100, Revision 1, dated September 14,
2017. Do the actions at the applicable times specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 757-53A0100,
Revision 1, dated September 14, 2017.
(h) Exceptions
(1) For purposes of determining compliance with the requirements
of this AD, the phrase ``the effective date of this AD'' may be
substituted for ``the original issue date of this service bulletin''
as specified in Boeing Alert Service Bulletin 757-53A0100, Revision
1, dated September 14, 2017.
(2) Where Boeing Alert Service Bulletin 757-53A0100, Revision 1,
dated September 14, 2017, specifies contacting Boeing for
[[Page 232]]
instructions, and specifies that action as RC: This AD requires
using a method approved in accordance with the procedures specified
in paragraph (j) of this AD.
(i) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 757-
53A0100, dated November 14, 2016.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles 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 (k)(1) of this AD. Information
may be emailed to [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (h)(2) of this AD: For
service information that contains steps that are labeled as RC, the
provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(k) Related Information
(1) For more information about this AD, contact Muoi Vuong,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5205; fax: 562-627-5210; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
(l) 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 Alert Service Bulletin 757-53A0100, Revision 1, dated
September 14, 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;
telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.
(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 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on December 14, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-28148 Filed 1-2-18; 8:45 am]
BILLING CODE 4910-13-P
