Airworthiness Directives; The Boeing Company Airplanes, 48708-48711 [2018-20631]

Download as PDF 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. daltland on DSKBBV9HB2PROD with RULES (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 VerDate Sep<11>2014 16:04 Sep 26, 2018 Jkt 244001 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 http://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 http:// 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: http:// 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 Frm 00006 Fmt 4700 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 http://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 http:// 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, E:\FR\FM\27SER1.SGM 27SER1 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. daltland on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 16:04 Sep 26, 2018 Jkt 244001 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27SER1.SGM 27SER1 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. daltland on DSKBBV9HB2PROD with RULES (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 VerDate Sep<11>2014 16:04 Sep 26, 2018 Jkt 244001 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 PO 00000 Frm 00008 Fmt 4700 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. E:\FR\FM\27SER1.SGM 27SER1 daltland on DSKBBV9HB2PROD with RULES 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: http:// 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]


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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.

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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 http://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 http://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: http://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