Airworthiness Directives; The Boeing Company Airplanes, 48708-48711 [2018-20631]
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48708
Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations
(d) Subject
Air Transport Association (ATA) of
America Code 30, Ice and Rain Protection.
(e) Reason
This AD was prompted by reports of
metallic debris found in the wing slat piccolo
tubes; investigation revealed that the debris
originated from the flow guide of the ball
joint located downstream of the wing anti-ice
valve. We are issuing this AD to address
restricted airflow of the piccolo tubes,
leading to insufficient wing anti-ice
capability and significant undetected ice
accretion on the wing, which could result in
loss of control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Repetitive Inspections and Corrective
Actions
Within 25 months after the effective date
of this AD: Perform a detailed inspection for
discrepancies of the flow guide of the ball
joint located downstream of the wing anti-ice
valve, and do all applicable related
investigative and corrective actions, in
accordance with the Accomplishment
Instructions of Dassault Aviation Service
Bulletin F2000–441, dated June 20, 2017; or
Dassault Aviation Service Bulletin F2000EX–
413, dated July 10, 2017; as applicable.
Repeat the detailed inspection thereafter at
intervals not to exceed 25 months. Do all
applicable corrective actions before further
flight.
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(h) No Reporting Requirement
Although the service information
identified in paragraph (g) of this AD
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards 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 International Section, send it
to the attention of the person identified in
paragraph (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
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Dassault Aviation’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0022, dated January 29, 2018, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2018–0496.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th Street, Des
Moines, WA 98198; telephone and fax 206–
231–3226.
(k) 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) Dassault Aviation Service Bulletin
F2000–441, dated June 20, 2017.
(ii) Dassault Aviation Service Bulletin
F2000EX–413, dated July 10, 2017.
(3) For service information identified in
this AD, contact Dassault Falcon Jet
Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
September 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–20630 Filed 9–26–18; 8:45 am]
BILLING CODE 4910–13–P
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Federal Aviation Administration
14 CFR Part 39
(j) Related Information
PO 00000
DEPARTMENT OF TRANSPORTATION
Sfmt 4700
[Docket No. FAA–2017–1026; Product
Identifier 2017–NM–097–AD; Amendment
39–19422; AD 2018–19–21]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 707 airplanes,
and Model 720 and 720B series
airplanes. This AD was prompted by
fuel system reviews conducted by the
manufacturer. This AD requires revising
the maintenance or inspection program
to include new airworthiness
limitations. We are issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective November 1,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 1, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone: 562–797–1717; internet:
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
1026.
DATES:
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–
1026; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) is
Docket Operations, U.S. Department of
Transportation, Docket Operations,
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Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5262; fax: 562–627–
5210; email: samuel.lee@faa.gov.
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
707 airplanes, and Model 720 and 720B
series airplanes. The NPRM published
in the Federal Register on November 20,
2017 (82 FR 55057). The NPRM was
prompted by fuel system reviews
conducted by the manufacturer. 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 potential ignition sources inside
fuel tanks caused by latent failures,
alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in
fuel tank explosions and consequent
loss of the airplane.
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Comments
We gave the public the opportunity to
participate in developing this final rule.
We have considered the comment
received. Boeing supported the NPRM.
Clarification of Alternative Wire Types
and Sleeving
Paragraph (h) of this AD allows
alternative wire types and sleeving
materials for certain wire types and
sleeving materials identified in AWL
No. 28–AWL–03. AWL No. 28–AWL–03
was originally mandated by AD 2008–
04–11 R1, Amendment 39–16147 (74 FR
68505, December 28, 2009) (‘‘AD 2008–
04–11 R1’’). Since the issuance of AD
2008–04–11 R1, which is terminated by
this AD, we received numerous requests
for approval of alternative methods of
compliance (AMOCs) from operators
and supplemental type certificate (STC)
holders (or applicants) to allow the
installation of the alternative wire types
and sleeving. We evaluated certain
attributes of those alternative wire types
and sleeving for each installation, and
issued numerous AMOC approvals for
AD 2008–04–11 R1, based on our
determination that the installation of
those wire types and sleeving would
provide an acceptable level of safety.
The alternative wire types and sleeving
specified in paragraph (h) of this AD
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16:04 Sep 26, 2018
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were previously approved as an AMOC
for AD 2008–04–11 R1. Although
paragraph (h) of this AD provides
certain allowances, it does not provide
approval of alternative wire types and
sleeving that are installed as part of an
aircraft design change. Each applicant
for any design change is responsible to
show that the installation of alternative
wire types and sleeving identified in
paragraphs (h)(l) and (h)(2) of this AD
complies with all applicable regulatory
requirements. This responsibility
includes, but is not limited to,
substantiation of compliance with
flammability requirements, and
substantiation to show that sleeve
installation, including the selection of
sleeve thickness, is adequate to protect
wires from chafing for the life of
installation.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. We have determined
that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing 707/720
Airworthiness Limitations (AWLs), D6–
7552–AWL, dated October 2016, which
addresses fuel systems ignition
prevention and impact-resistant fuel
tank access doors. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 9
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
We have determined that revising the
maintenance or inspection program
takes an average of 90 work-hours per
operator, although we recognize that
this number may vary from operator to
operator. In the past, we have estimated
that this action takes 1 work-hour per
airplane. Since operators incorporate
maintenance or inspection program
changes for their affected fleet(s), we
have determined that a per-operator
estimate is more accurate than a perairplane estimate. Therefore, we
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48709
estimate the total cost per operator to be
$7,650 (90 work-hours × $85 per workhour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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48710
Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations
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):
■
2018–19–21 The Boeing Company:
Amendment 39–19422; Docket No.
FAA–2017–1026; Product Identifier
2017–NM–097–AD.
(a) Effective Date
This AD is effective November 1, 2018.
(b) Affected ADs
This AD affects the ADs specified in
paragraphs (b)(1) and (b)(2) of this AD.
(1) AD 2008–04–11 R1, Amendment 39–
16147 (74 FR 68505, December 28, 2009)
(‘‘AD 2008–04–11 R1’’).
(2) AD 2013–24–07, Amendment 39–17681
(78 FR 72550, December 3, 2013) (‘‘AD 2013–
24–07’’).
(c) Applicability
This AD applies to all The Boeing
Company airplanes, certificated in any
category, identified in paragraphs (c)(1) and
(c)(2) of this AD.
(1) Model 707–100 long body, –200, –100B
long body, –100B short body, –300, –300B,
–300C, and –400 series airplanes.
(2) Model 720 and 720B series airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
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(e) Unsafe Condition
This AD was prompted by fuel system
reviews conducted by the manufacturer. We
are issuing this AD to detect and correct
potential ignition sources inside fuel tanks
caused by latent failures, alterations, repairs,
or maintenance actions, which, in
combination with flammable fuel vapors,
could result in fuel tank explosions and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Maintenance or Inspection
Program
Within 60 days after the effective date of
this AD, revise the maintenance or inspection
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program, as applicable, to incorporate the
information in Section A, including
Subsections A.1, A.2, and Appendix A, as
specified in Boeing 707/720 Airworthiness
Limitations (AWLs), D6–7552–AWL, dated
October 2016; except as provided in
paragraph (h) of this AD. The initial
compliance times for the AWL tasks are
within the applicable compliance times
specified in paragraphs (g)(1) through (g)(5)
of this AD.
(1) AWL No. 28–AWL–01, External Wires
Over Center Fuel Tank, as specified in
Boeing 707/720 Airworthiness Limitations
(AWLs), D6–7552–AWL, dated October 2016.
The initial compliance time for
accomplishment of the actions specified by
AWL No. 28–AWL–01 is specified in
paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as
applicable.
(i) For airplanes that have been previously
inspected as specified in 28–AWL–01 as of
the effective date of this AD: Conduct the
inspection within 120 months after the most
recent inspection.
(ii) For airplanes that have not been
inspected as specified in 28–AWL–01 as of
the effective date of this AD: Conduct the
inspection within 12 months after the
effective date of this AD.
(2) AWL No. 28–AWL–18, AC Fuel Boost
Pump Bonding Installation, as specified in
Boeing 707/720 Airworthiness Limitations
(AWLs), D6–7552–AWL, dated October 2016.
The initial compliance time for
accomplishment of the actions specified by
AWL No. 28–AWL–18 is specified in
paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as
applicable.
(i) For airplanes that have been previously
inspected as specified in 28–AWL–18 as of
the effective date of this AD: Conduct the
inspection within 72 months after the most
recent inspection.
(ii) For airplanes that have not been
inspected as specified in 28–AWL–18 as of
the effective date of this AD: Conduct the
inspection within 12 months after the
effective date of this AD.
(3) AWL No. 28–AWL–19, Fuel Valve
Bonding Jumper Installation—Engine Fuel
Shutoff, Defuel, Reserve Tank Transfer, Fuel
Dump, and Fuel Manifold Valves, as
specified in Boeing 707/720 Airworthiness
Limitations (AWLs), D6–7552–AWL, dated
October 2016. The initial compliance time for
accomplishment of the actions specified by
AWL No. 28–AWL–19 is specified in
paragraph (g)(3)(i) or (g)(3)(ii) of this AD, as
applicable.
(i) For airplanes that have been previously
inspected as specified in 28–AWL–19 as of
the effective date of this AD: Conduct the
inspection within 72 months after the most
recent inspection.
(ii) For airplanes that have not been
inspected as specified in 28–AWL–19 as of
the effective date of this AD: Conduct the
inspection within 12 months after the
effective date of this AD.
(4) AWL No. 28–AWL–21, Dry Bay Fuel
Manifold Assembly—Bonding Jumper
Installation, as specified in Boeing 707/720
Airworthiness Limitations (AWLs), D6–
7552–AWL, dated October 2016. The initial
compliance time for accomplishment of the
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Sfmt 4700
actions specified by AWL No. 28–AWL–21 is
specified in paragraph (g)(4)(i) or (g)(4)(ii) of
this AD, as applicable.
(i) For airplanes that have been previously
inspected as specified in 28–AWL–21 as of
the effective date of this AD: Conduct the
inspection within 72 months after the most
recent inspection.
(ii) For airplanes that have not been
inspected as specified in 28–AWL–21 as of
the effective date of this AD: Conduct the
inspection within 12 months after the
effective date of this AD.
(5) AWL No. 28–AWL–23, Reserve Tank
Transfer Piping Assembly—Bonding Jumper
Installation, as specified in Boeing 707/720
Airworthiness Limitations (AWLs), D6–
7552–AWL, dated October 2016. The initial
compliance time for accomplishment of the
actions specified by AWL No. 28–AWL–23 is
specified in paragraph (g)(5)(i) or (g)(5)(ii) of
this AD, as applicable.
(i) For airplanes that have been previously
inspected as specified in 28–AWL–23 as of
the effective date of this AD: Conduct the
inspection within 72 months after the most
recent inspection.
(ii) For airplanes that have not been
inspected as specified in 28–AWL–23 as of
the effective date of this AD: Conduct the
inspection within 12 months after the
effective date of this AD.
(h) Additional Acceptable Wire Types and
Sleeving
As an option, when accomplishing the
actions required by paragraph (g) of this AD,
the changes specified in paragraphs (h)(1)
and (h)(2) of this AD are acceptable.
(1) Where AWL No. 28–AWL–03 identifies
wire types BMS 13–48, BMS 13–58, and BMS
13–60, the following wire types are
acceptable: MIL–W–22759/16, SAE
AS22759/16 (M22759/16), MIL–W–22759/32,
SAE AS22759/32 (M22759/32), MIL–W–
22759/34, SAE AS22759/34 (M22759/34),
MIL–W–22759/41, SAE AS22759/41
(M22759/41), MIL–W–22759/86, SAE
AS22759/86 (M22759/86), MIL–W–22759/87,
SAE AS22759/87 (M22759/87), MIL–W–
22759/92 and SAE AS22759/92 (M22759/92);
and MIL–C–27500 and NEMA WC 27500
cables constructed from these military or
SAE specification wire types identified
above.
(2) Where AWL No. 28–AWL–03 identifies
TFE–2X Standard wall for wire sleeving, the
following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP,
or HM.
(i) No Alternative Actions and Intervals
Except as provided in paragraph (h) of this
AD, after the maintenance or inspection
program has been revised as 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 (k) of this
AD.
(j) Terminating Action for Other ADs
(1) Accomplishment of the actions required
by paragraph (g) of this AD terminates all
requirements of AD 2008–04–11 R1.
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Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations
(2) Accomplishment of the actions required
by paragraph (g) of this AD terminates the
requirements of paragraph (h) of AD 2013–
24–07.
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
(k) 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 (l) of this
AD. Information may be emailed to: 9-AWPLAACO-ADS@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.
Issued in Des Moines, Washington, on
September 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–20631 Filed 9–26–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 884
[Docket No. FDA–2017–N–6538]
Obstetrical and Gynecological
Devices; Reclassification of Single-Use
Female Condom, To Be Renamed
Single-Use Internal Condom
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or the Agency) is
issuing a final order to reclassify singleuse female condoms, renaming the
(l) Related Information
device to ‘‘single-use internal condom,’’
For more information about this AD,
a postamendments class III device
contact Samuel Lee, Aerospace Engineer,
(regulated under product code MBU),
Propulsion Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
into class II (special controls) subject to
Lakewood, CA 90712–4137; phone: 562–627– premarket notification (510(k)). FDA is
5262; fax: 562–627–5210; email: samuel.lee@ also identifying the special controls that
faa.gov.
the Agency believes are necessary to
provide a reasonable assurance of safety
(m) Material Incorporated by Reference
and effectiveness of the device. FDA is
(1) The Director of the Federal Register
finalizing this reclassification on its
approved the incorporation by reference
own initiative based on new
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
information. FDA is also amending the
part 51.
existing device identification for
(2) You must use this service information
‘‘female condom,’’ a preamendments
as applicable to do the actions required by
class III device (product code OBY), by
this AD, unless the AD specifies otherwise.
renaming the device ‘‘multiple-use
(i) Boeing 707/720 Airworthiness
female condom,’’ to distinguish it from
Limitations (AWLs), D6–7552–AWL, dated
the ‘‘single-use internal condom.’’ This
October 2016. (Subsection A.2 of this
order reclassifies single-use internal
document includes pages 33 and 34, which
condoms from class III to class II and
are not identified in the Table of Contents.)
(ii) Reserved.
reduces regulatory burden because these
(3) For service information identified in
types of devices will no longer be
this AD, contact Boeing Commercial
required to submit a premarket approval
Airplanes, Attention: Contractual & Data
application (PMA), but can instead
Services (C&DS), 2600 Westminster Blvd.,
submit a less burdensome 510(k) before
MC 110–SK57, Seal Beach, CA 90740–5600;
marketing their device.
telephone: 562–797–1717; internet: https://
DATES: This order is effective October
www.myboeingfleet.com.
(4) You may view this service information
29, 2018.
at the FAA, Transport Standards Branch,
FOR FURTHER INFORMATION CONTACT:
2200 South 216th St., Des Moines, WA. For
Monica Garcia, Center for Devices and
information on the availability of this
Radiological Health, Food and Drug
material at the FAA, call 206–231–3195.
Administration, 10903 New Hampshire
(5) You may view this service information
Ave., Bldg. 66, Rm. G215, Silver Spring,
that is incorporated by reference at the
MD 20993, 240–402–2791,
National Archives and Records
Administration (NARA). For information on
monica.garcia@fda.hhs.gov.
VerDate Sep<11>2014
16:04 Sep 26, 2018
Jkt 244001
SUMMARY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
48711
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Food, Drug, and Cosmetic
Act (FD&C Act), as amended, establishes
a comprehensive system for the
regulation of medical devices intended
for human use. Section 513 of the FD&C
Act (21 U.S.C. 360c) established three
categories (classes) of devices, reflecting
the regulatory controls needed to
provide reasonable assurance of their
safety and effectiveness. The three
categories of devices are class I (general
controls), class II (special controls), and
class III (premarket approval).
Devices that were not in commercial
distribution prior to May 28, 1976
(generally referred to as
postamendments devices) are
automatically classified by section
513(f)(1) of the FD&C Act into class III
without any FDA rulemaking process.
Those devices remain in class III and
require premarket approval unless, and
until, the device is reclassified into class
I or II, or FDA issues an order finding
the device to be substantially
equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate
device that does not require premarket
approval. The Agency determines
whether new devices are substantially
equivalent to predicate devices by
means of premarket notification
procedures in section 510(k) of the
FD&C Act (21 U.S.C. 360(k)) and 21 CFR
part 807.
A postamendments device that has
been initially classified in class III
under section 513(f)(1) of the FD&C Act
may be reclassified into class I or class
II under section 513(f)(3) of the FD&C
Act. Section 513(f)(3) of the FD&C Act
provides that FDA acting by order can
reclassify the device into class I or class
II on its own initiative, or in response
to a petition from the manufacturer or
importer of the device. To change the
classification of the device, the
proposed new class must have sufficient
regulatory controls to provide
reasonable assurance of the safety and
effectiveness of the device for its
intended use.
Reevaluation of the data previously
before the Agency is an appropriate
basis for subsequent action where the
reevaluation is made in light of newly
available regulatory authority (see Bell
v. Goddard, 366 F.2d 177, 181 (7th Cir.
1966); Ethicon, Inc. v. FDA, 762 F.
Supp. 382, 388–391 (D.D.C. 1991)), or in
light of changes in ‘‘medical science’’
(Upjohn Co. v. Finch, 422 F.2d 944, 951
(6th Cir. 1970)). Whether data before the
Agency are old or new, the ‘‘new
information’’ to support reclassification
under section 513(f)(3) must be ‘‘valid
E:\FR\FM\27SER1.SGM
27SER1
Agencies
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Rules and Regulations]
[Pages 48708-48711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20631]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-1026; Product Identifier 2017-NM-097-AD; Amendment
39-19422; AD 2018-19-21]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 707 airplanes, and Model 720 and 720B series
airplanes. This AD was prompted by fuel system reviews conducted by the
manufacturer. This AD requires revising the maintenance or inspection
program to include new airworthiness limitations. We are issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective November 1, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 1,
2018.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone: 562-797-1717; internet: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1026.
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-
1026; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations,
[[Page 48709]]
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5262; 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 all The Boeing Company
Model 707 airplanes, and Model 720 and 720B series airplanes. The NPRM
published in the Federal Register on November 20, 2017 (82 FR 55057).
The NPRM was prompted by fuel system reviews conducted by the
manufacturer. 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 potential ignition
sources inside fuel tanks caused by latent failures, alterations,
repairs, or maintenance actions, which, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane.
Comments
We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. Boeing
supported the NPRM.
Clarification of Alternative Wire Types and Sleeving
Paragraph (h) of this AD allows alternative wire types and sleeving
materials for certain wire types and sleeving materials identified in
AWL No. 28-AWL-03. AWL No. 28-AWL-03 was originally mandated by AD
2008-04-11 R1, Amendment 39-16147 (74 FR 68505, December 28, 2009)
(``AD 2008-04-11 R1''). Since the issuance of AD 2008-04-11 R1, which
is terminated by this AD, we received numerous requests for approval of
alternative methods of compliance (AMOCs) from operators and
supplemental type certificate (STC) holders (or applicants) to allow
the installation of the alternative wire types and sleeving. We
evaluated certain attributes of those alternative wire types and
sleeving for each installation, and issued numerous AMOC approvals for
AD 2008-04-11 R1, based on our determination that the installation of
those wire types and sleeving would provide an acceptable level of
safety. The alternative wire types and sleeving specified in paragraph
(h) of this AD were previously approved as an AMOC for AD 2008-04-11
R1. Although paragraph (h) of this AD provides certain allowances, it
does not provide approval of alternative wire types and sleeving that
are installed as part of an aircraft design change. Each applicant for
any design change is responsible to show that the installation of
alternative wire types and sleeving identified in paragraphs (h)(l) and
(h)(2) of this AD complies with all applicable regulatory requirements.
This responsibility includes, but is not limited to, substantiation of
compliance with flammability requirements, and substantiation to show
that sleeve installation, including the selection of sleeve thickness,
is adequate to protect wires from chafing for the life of installation.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing 707/720 Airworthiness Limitations (AWLs), D6-
7552-AWL, dated October 2016, which addresses fuel systems ignition
prevention and impact-resistant fuel tank access doors. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 9 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 48710]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2018-19-21 The Boeing Company: Amendment 39-19422; Docket No. FAA-
2017-1026; Product Identifier 2017-NM-097-AD.
(a) Effective Date
This AD is effective November 1, 2018.
(b) Affected ADs
This AD affects the ADs specified in paragraphs (b)(1) and
(b)(2) of this AD.
(1) AD 2008-04-11 R1, Amendment 39-16147 (74 FR 68505, December
28, 2009) (``AD 2008-04-11 R1'').
(2) AD 2013-24-07, Amendment 39-17681 (78 FR 72550, December 3,
2013) (``AD 2013-24-07'').
(c) Applicability
This AD applies to all The Boeing Company airplanes,
certificated in any category, identified in paragraphs (c)(1) and
(c)(2) of this AD.
(1) Model 707-100 long body, -200, -100B long body, -100B short
body, -300, -300B, -300C, and -400 series airplanes.
(2) Model 720 and 720B series airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to detect and correct potential
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Maintenance or Inspection Program
Within 60 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information in Section A, including Subsections A.1, A.2, and
Appendix A, as specified in Boeing 707/720 Airworthiness Limitations
(AWLs), D6-7552-AWL, dated October 2016; except as provided in
paragraph (h) of this AD. The initial compliance times for the AWL
tasks are within the applicable compliance times specified in
paragraphs (g)(1) through (g)(5) of this AD.
(1) AWL No. 28-AWL-01, External Wires Over Center Fuel Tank, as
specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-
7552-AWL, dated October 2016. The initial compliance time for
accomplishment of the actions specified by AWL No. 28-AWL-01 is
specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as
applicable.
(i) For airplanes that have been previously inspected as
specified in 28-AWL-01 as of the effective date of this AD: Conduct
the inspection within 120 months after the most recent inspection.
(ii) For airplanes that have not been inspected as specified in
28-AWL-01 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
(2) AWL No. 28-AWL-18, AC Fuel Boost Pump Bonding Installation,
as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-
7552-AWL, dated October 2016. The initial compliance time for
accomplishment of the actions specified by AWL No. 28-AWL-18 is
specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as
applicable.
(i) For airplanes that have been previously inspected as
specified in 28-AWL-18 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
(ii) For airplanes that have not been inspected as specified in
28-AWL-18 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
(3) AWL No. 28-AWL-19, Fuel Valve Bonding Jumper Installation--
Engine Fuel Shutoff, Defuel, Reserve Tank Transfer, Fuel Dump, and
Fuel Manifold Valves, as specified in Boeing 707/720 Airworthiness
Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial
compliance time for accomplishment of the actions specified by AWL
No. 28-AWL-19 is specified in paragraph (g)(3)(i) or (g)(3)(ii) of
this AD, as applicable.
(i) For airplanes that have been previously inspected as
specified in 28-AWL-19 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
(ii) For airplanes that have not been inspected as specified in
28-AWL-19 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
(4) AWL No. 28-AWL-21, Dry Bay Fuel Manifold Assembly--Bonding
Jumper Installation, as specified in Boeing 707/720 Airworthiness
Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial
compliance time for accomplishment of the actions specified by AWL
No. 28-AWL-21 is specified in paragraph (g)(4)(i) or (g)(4)(ii) of
this AD, as applicable.
(i) For airplanes that have been previously inspected as
specified in 28-AWL-21 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
(ii) For airplanes that have not been inspected as specified in
28-AWL-21 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
(5) AWL No. 28-AWL-23, Reserve Tank Transfer Piping Assembly--
Bonding Jumper Installation, as specified in Boeing 707/720
Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016.
The initial compliance time for accomplishment of the actions
specified by AWL No. 28-AWL-23 is specified in paragraph (g)(5)(i)
or (g)(5)(ii) of this AD, as applicable.
(i) For airplanes that have been previously inspected as
specified in 28-AWL-23 as of the effective date of this AD: Conduct
the inspection within 72 months after the most recent inspection.
(ii) For airplanes that have not been inspected as specified in
28-AWL-23 as of the effective date of this AD: Conduct the
inspection within 12 months after the effective date of this AD.
(h) Additional Acceptable Wire Types and Sleeving
As an option, when accomplishing the actions required by
paragraph (g) of this AD, the changes specified in paragraphs (h)(1)
and (h)(2) of this AD are acceptable.
(1) Where AWL No. 28-AWL-03 identifies wire types BMS 13-48, BMS
13-58, and BMS 13-60, the following wire types are acceptable: MIL-
W-22759/16, SAE AS22759/16 (M22759/16), MIL-W-22759/32, SAE AS22759/
32 (M22759/32), MIL-W-22759/34, SAE AS22759/34 (M22759/34), MIL-W-
22759/41, SAE AS22759/41 (M22759/41), MIL-W-22759/86, SAE AS22759/86
(M22759/86), MIL-W-22759/87, SAE AS22759/87 (M22759/87), MIL-W-
22759/92 and SAE AS22759/92 (M22759/92); and MIL-C-27500 and NEMA WC
27500 cables constructed from these military or SAE specification
wire types identified above.
(2) Where AWL No. 28-AWL-03 identifies TFE-2X Standard wall for
wire sleeving, the following sleeving materials are acceptable:
Roundit 2000NX and Varglas Type HO, HP, or HM.
(i) No Alternative Actions and Intervals
Except as provided in paragraph (h) of this AD, after the
maintenance or inspection program has been revised as 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 (k) of this AD.
(j) Terminating Action for Other ADs
(1) Accomplishment of the actions required by paragraph (g) of
this AD terminates all requirements of AD 2008-04-11 R1.
[[Page 48711]]
(2) Accomplishment of the actions required by paragraph (g) of
this AD terminates the requirements of paragraph (h) of AD 2013-24-
07.
(k) 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 (l) of this AD. Information may
be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, 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.
(l) Related Information
For more information about this AD, contact Samuel Lee,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5262; fax: 562-627-5210; email: [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-
AWL, dated October 2016. (Subsection A.2 of this document includes
pages 33 and 34, which are not identified in the Table of Contents.)
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone: 562-797-1717; internet: https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20631 Filed 9-26-18; 8:45 am]
BILLING CODE 4910-13-P