Airworthiness Directives; The Boeing Company Airplanes, 37019-37022 [2021-15026]
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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
(h) Contacting the Manufacturer To
Determine TIS
Where Eurocopter Alert Service Bulletin
ASB–MBB–BK117–10–125, dated February
14, 2005, specifies to send a form to the
manufacturer to determine TIS since bolting,
this AD does not include that requirement.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
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 International Validation
Branch, send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@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.
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(j) Related Information
(1) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3218; email:
kathleen.arrigotti@faa.gov.
(2) The subject of this AD is addressed in
Luftfahrt-Bundesamt German AD D–2005–
115, effective March 15, 2005. You may view
the Luftfahrt-Bundesamt German AD at
https://www.regulations.gov in Docket No.
FAA–2021–0335.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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) Eurocopter Alert Service Bulletin No.
ASB–MBB–BK117–10–125, dated February
14, 2005.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Airbus Helicopters, 2701 N
Forum Drive, Grand Prairie, TX 75052;
phone: 972–641–0000 or 800–232–0323; fax:
972–641–3775; or at https://www.airbus.com/
helicopters/services/-support.html.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(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,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
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Issued on July 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
37019
[Docket No. FAA–2021–0566; Project
Identifier MCAI–2021–00733–T; Amendment
39–21651; AD 2021–15–04]
5 p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this final rule, contact Israel Aerospace
Industries, Ltd., Ben Gurion Airport,
Israel 70100; telephone 972–39359826;
email tmazor@iai.co.il. You may view
this referenced service information at
the FAA, Airworthiness Products
Section, Operational Safety 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–2021–0566.
RIN 2120–AA64
Examining the AD Docket
Airworthiness Directives; The Boeing
Company Airplanes
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0566; or in person at the Docket
Operations office between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this AD, any comments
received, and other information. The
street address for the Docket Operations
office is listed above.
FOR FURTHER INFORMATION CONTACT:
Brian Hernandez, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and
fax: 206–231–3535; email:
Brian.Hernandez@faa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–14925 Filed 7–13–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 767–300
series airplanes as modified by a certain
supplemental type certificate (STC).
This AD was prompted by a report that
the electrical diagram for the C9066
circuit breaker connection (wiring) for
the ‘‘Main Deck Oxygen Alert Control’’
is erroneous and might have resulted in
incorrect installation. This AD requires
inspecting the wiring connection
common to the C9066 circuit breaker
and, if necessary, making changes to the
wiring connection and testing the main
deck oxygen alert system. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective July
14, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 14, 2021.
The FAA must receive comments on
this AD by August 30, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and
SUMMARY:
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Background
The Civil Aviation Authority of Israel
(CAAI), which is the aviation authority
for Israel, has issued Israeli AD ISR–I–
24–2021–6–6R1, dated June 27, 2021
(also referred to after this as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for The Boeing
Company Model 767–300 series
airplanes, that have been modified to a
Bedek Division Special Freighter
(BDSF), designated as 767–300BDSF, in
accordance with CAAI STC SA218/FAA
STC ST02040SE/European Union
Aviation Safety Agency (EASA) STC
10028430 (as listed in the appendix of
the MCAI). Only FAA STC ST02040SE
is approved for U.S. operators. You may
examine the MCAI on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0566.
This AD was prompted by a report
that the electrical diagram for the C9066
circuit breaker connection (wiring) for
the ‘‘Main Deck Oxygen Alert Control’’
is erroneous and might have resulted in
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incorrect installation. This incorrect
installation leads to an unprotected
circuit, and therefore any wires or
system components that might lie
adjacent to the wiring that would
normally be protected by the C9066
circuit breaker might be affected. The
FAA is issuing this AD to address
potential incorrect installation of the
‘‘Main Deck Oxygen Alert Control’’
circuit breaker, which could result in
overheating and burning of the wiring,
and consequently, could result in smoke
triggering an alarm and causing the crew
workload to increase; or could result in
a short circuit to adjacent wires causing
malfunctions in other systems. See the
MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
Israel Aerospace Industries, Ltd., has
issued IAI-Aviation Group Alert Service
Bulletin 368–24–098, Revision 1, dated
June 2021. This service information
describes procedures for a visual
inspection of the wiring connection
common to the C9066 circuit breaker,
changes to the wiring connection, if
necessary, and a test of the main deck
oxygen alert system, if necessary. 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.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this AD because the FAA
evaluated all pertinent information and
determined the unsafe condition exists
and is likely to exist or develop on other
products of the same type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in the service
information described previously.
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FAA’s Justification and Determination
of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
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U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because incorrect installation of the
‘‘Main Deck Oxygen Alert Control’’
circuit breaker could result in
overheating and burning of wiring, and
consequently, could result in smoke
triggering an alarm and causing the crew
workload to increase; or could result in
a short circuit to adjacent wires causing
malfunctions in other systems.
Furthermore, since this is a potentially
unprotected circuit, if any failure occurs
along the length of this circuit it could
result in a fire and cause collateral
damage to adjacent circuits and affect
critical systems necessary for continued
safe flight and landing. Accordingly,
notice and opportunity for prior public
comment are impracticable and contrary
to the public interest pursuant to 5
U.S.C. 553(b)(3)(B). In addition, the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days, for the same reasons the FAA
found good cause to forgo notice and
comment.
date and may amend this final rule
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this final rule.
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2021–0566; Project Identifier MCAI–
2021–00733–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the final
rule, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
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Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Brian Hernandez,
Aerospace Engineer, Systems and
Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3535; email: Brian.Hernandez@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
Costs of Compliance
The FAA estimates that this AD
affects 71 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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37021
ESTIMATED COSTS
Action
Labor cost
Inspection .........................................
1 work-hour × $85 per hour = $85 ...............................
The FAA estimates the following
costs to do any necessary on-condition
Cost per
product
Parts cost
actions that would be required based on
the results of the inspection. The FAA
$0
Cost on U.S.
operators
$85
$6,035
has no way of determining the number
of aircraft that might need these actions:
ON-CONDITION COSTS
Action
Labor cost
Wiring change and test ...............................
1 work-hour × $85 per hour = $85 ................................................
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.
The FAA is 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.
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Regulatory Findings
The FAA determined that 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,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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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:
■
2021–15–04 The Boeing Company:
Amendment 39–21651; Docket No.
FAA–2021–0566; Project Identifier
MCAI–2021–00733–T.
(a) Effective Date
This airworthiness directive (AD) becomes
effective July 14, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 767–300 series airplanes, certificated
in any category, that have been modified to
a Bedek Division Special Freighter (BDSF), in
accordance with FAA Supplemental Type
Certificate (STC) ST02040SE (the freighter
configuration is designated as 767–
300BDSF), and which are listed in paragraph
1.A., ‘‘Effectivity,’’ of IAI-Aviation Group
Alert Service Bulletin 368–24–098, Revision
1, dated June 2021.
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical Power.
(e) Reason
This AD was prompted by a report that the
electrical diagram for the C9066 circuit
breaker connection (wiring) for the ‘‘Main
Deck Oxygen Alert Control’’ is erroneous and
might have resulted in incorrect installation.
The FAA is issuing this AD to address
potential incorrect installation of the ‘‘Main
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Cost per
product
Parts cost
$0
$85
Deck Oxygen Alert Control’’ circuit breaker,
which could result in overheating and
burning of the wiring, and consequently,
could result in smoke triggering an alarm and
causing the crew workload to increase; or
could result in a short circuit to adjacent
wires causing malfunctions in other systems.
Furthermore, since this is a potentially
unprotected circuit, if any failure occurs
along the length of this circuit it could result
in a fire and cause collateral damage to
adjacent circuits and affect critical systems
necessary for continued safe flight and
landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection, Wiring Connection Change,
and Test
Within 10 days after the effective date of
this AD, perform a detailed inspection of the
wiring connection common to the C9066
circuit breaker to make sure 20 AWG wire is
connected to terminal 1 and the BUS is
connected to terminal 2, in accordance with
steps 1. through 3. of the Accomplishment
Instructions of IAI-Aviation Group Alert
Service Bulletin 368–24–098, Revision 1,
dated June 2021. If 20 AWG wire is not
connected to terminal 1 or the BUS is not
connected to terminal 2, before further flight,
make changes to the wiring connection and
test the main deck oxygen alert system, in
accordance with steps 4. through 13. of the
Accomplishment Instructions of IAI-Aviation
Group Alert Service Bulletin 368–24–098,
Revision 1, dated June 2021.
(h) No Report
Although IAI-Aviation Group Alert Service
Bulletin 368–24–098, Revision 1, dated June
2021, specifies to report inspection findings,
this AD does not require any report.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 responsible Flight
Standards Office, as appropriate. If sending
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information directly to the manager of the
certification office, send it to the attention of
the person identified in Related Information.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
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(j) Related Information
FEDERAL TRADE COMMISSION
16 CFR Part 323
[3084–AB64]
Made in USA Labeling Rule
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Civil
Aviation Authority of Israel (CAAI) Israeli
AD ISR–I–24–2021–6–6R1, dated June 27,
2021, 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–
2021–0566.
(2) For more information about this AD,
contact Brian Hernandez, Aerospace
Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3535; email: Brian.Hernandez@
faa.gov.
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
issues a final rule related to ‘‘Made in
USA’’ and other unqualified U.S.-origin
claims on product labels.
DATES: This final rule is effective August
13, 2021.
FOR FURTHER INFORMATION CONTACT: Julia
Solomon Ensor (202–326–2377) or
Hampton Newsome (202–326–2889),
Attorneys, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, Room CC–9528, 600
Pennsylvania Avenue NW, Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
(k) Material Incorporated by Reference
I. Background
(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) IAI-Aviation Group Alert Service
Bulletin 368–24–098, Revision 1, dated June
2021.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Israel Aerospace Industries,
Ltd., Ben Gurion Airport, Israel 70100;
telephone 972–39359826; email tmazor@
iai.co.il.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety 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,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
On July 16, 2020, the Commission
published a Notice of Proposed
Rulemaking (‘‘NPRM’’) (85 FR 43162)
seeking comments on a new rule
regarding unqualified U.S.-origin claims
(‘‘MUSA claims’’) on product labels.
The NPRM was preceded by a review of
the Commission’s longstanding program
to prevent deceptive MUSA claims.1
The review included a 2019 public
workshop and public comment period,
where stakeholders expressed nearly
universal support for a rule addressing
MUSA labels.2
SUMMARY:
Issued on July 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–15026 Filed 7–12–21; 11:15 am]
BILLING CODE 4910–13–P
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1 This program consisted of compliance
monitoring, counseling, and targeted enforcement
pursuant to the FTC’s general authority under 15
U.S.C. 45 (‘‘Section 5’’ of the FTC Act). Section 5
prohibits unfair or deceptive acts or practices in or
affecting commerce. An act or practice is deceptive
if it is likely to mislead consumers acting
reasonably under the circumstances and is
material—that is, likely to affect a consumer’s
decision to purchase or use the advertised product
or service. A claim need not mislead all—or even
most—consumers to be deceptive under the FTC
Act. Rather, it need only be likely to deceive some
consumers acting reasonably. See FTC Policy
Statement on Deception, 103 F.T.C. 174 (1984)
(appended to Cliffdale Assocs., Inc., 103 F.T.C. 110,
177 n.20 (1984) (‘‘A material practice that misleads
a significant minority of reasonable consumers is
deceptive.’’); see also FTC v. Stefanchik, 559 F.3d
924, 929 (9th Cir. 2009) (‘‘The FTC was not required
to show that all consumers were deceived . . . .’’).
2 Commenters argued such a rule could have a
strong deterrent effect against unlawful MUSA
claims without imposing new burdens on lawabiding companies. See generally Transcript of
Made in USA: An FTC Workshop (Sept. 26, 2019)
at 63–72, available at https://www.ftc.gov/newsevents/events-calendar/made-usa-ftc-workshop;
FTC Staff Report, Made in USA Workshop (June
2020) (‘‘MUSA Report’’), available at https://
www.ftc.gov/system/files/documents/reports/made-
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The Commission published a new
rule in the NPRM pursuant to its
authority under 15 U.S.C. 45a (‘‘Section
45a’’). Section 45a declares: ‘‘[t]o the
extent any person introduces, delivers
for introduction, sells, advertises, or
offers for sale in commerce a product
with a ’Made in the U.S.A.’ or ‘Made in
America’ label, or the equivalent
thereof, in order to represent that such
product was in whole or substantial part
of domestic origin, such label shall be
consistent with decisions and orders of
the Federal Trade Commission.’’ The
statute authorizes the agency to issue
rules to effectuate this mandate and
prevent unfair or deceptive acts or
practices relating to MUSA labeling.3
Specifically, under the statute, the
Commission ‘‘may from time to time
issue rules pursuant to section 553 of
title 5, United States Code’’ requiring
MUSA labeling to ‘‘be consistent with
decisions and orders of the Federal
Trade Commission issued pursuant to
[Section 5 of the FTC Act].’’ The statute
authorizes the FTC to seek civil
penalties for violations of such rules.4
Consistent with these statutory
provisions, the NPRM proposed a rule
covering labels on products that make
unqualified U.S.-origin claims.
Consistent with the Commission’s
MUSA Decisions and Orders since the
1940s,5 the NPRM proposed to codify
the established principle that
unqualified U.S.-origin claims imply to
consumers no more than a de minimis
amount of the product is of foreign
origin.6
usa-ftc-workshop/p074204_-_musa_workshop_
report_-_final.pdf.
3 See Section 320933 of the Violent Crime and
Law Enforcement Act of 1994, Public Law 103–322,
108 Stat. 1796, 2135, codified in relevant part at 15
U.S.C. 45a. Section 45a also states: ‘‘This section
shall be effective upon publication in the Federal
Register of a Notice of the provisions of this
section.’’ The Commission published such a notice
in 1995 (60 FR 13158 (Mar. 10, 1995).
4 Under the statute, violations of any rule
promulgated pursuant to Section 45a ‘‘shall be
treated by the Commission as a violation of a rule
under section 57a of this title regarding unfair or
deceptive acts or practices.’’ For violations of rules
issued pursuant to 15 U.S.C. 57a, the Commission
may commence civil actions to recover civil
penalties. See 15 U.S.C. 45(m)(1)(A).
5 See, e.g., Vulcan Lamp Works, Inc., 32 F.T.C. 7
(1940); Windsor Pen Corp., 64 F.T.C. 454 (1964)
(articulating this standard as a ‘‘wholly of domestic
origin’’ standard).
6 This principle was incorporated into the
Commission’s 1997 Enforcement Policy Statement
on U.S. Origin Claims (the ‘‘Policy Statement’’)
following consumer research and public comment,
as the ‘‘all or virtually all’’ principle. Specifically,
the Policy Statement provides a marketer making an
unqualified claim for its product should, at the time
of the representation, have a reasonable basis for
asserting ‘‘all or virtually all’’ of the product is
made in the United States. FTC, Issuance of
Enforcement Policy Statement on ‘‘Made in USA’’
and Other U.S. Origin Claims, 62 FR 63756, 63766
E:\FR\FM\14JYR1.SGM
14JYR1
]]>Agencies
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37019-37022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15026]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0566; Project Identifier MCAI-2021-00733-T;
Amendment 39-21651; AD 2021-15-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 767-300 series airplanes as modified
by a certain supplemental type certificate (STC). This AD was prompted
by a report that the electrical diagram for the C9066 circuit breaker
connection (wiring) for the ``Main Deck Oxygen Alert Control'' is
erroneous and might have resulted in incorrect installation. This AD
requires inspecting the wiring connection common to the C9066 circuit
breaker and, if necessary, making changes to the wiring connection and
testing the main deck oxygen alert system. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD becomes effective July 14, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 14,
2021.
The FAA must receive comments on this AD by August 30, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
Israel Aerospace Industries, Ltd., Ben Gurion Airport, Israel 70100;
telephone 972-39359826; email [email protected]. You may view this
referenced service information at the FAA, Airworthiness Products
Section, Operational Safety 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-2021-
0566.
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-2021-
0566; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, any comments received, and other information. The
street address for the Docket Operations office is listed above.
FOR FURTHER INFORMATION CONTACT: Brian Hernandez, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3535; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Civil Aviation Authority of Israel (CAAI), which is the
aviation authority for Israel, has issued Israeli AD ISR-I-24-2021-6-
6R1, dated June 27, 2021 (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for The Boeing Company Model 767-300 series airplanes,
that have been modified to a Bedek Division Special Freighter (BDSF),
designated as 767-300BDSF, in accordance with CAAI STC SA218/FAA STC
ST02040SE/European Union Aviation Safety Agency (EASA) STC 10028430 (as
listed in the appendix of the MCAI). Only FAA STC ST02040SE is approved
for U.S. operators. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0566.
This AD was prompted by a report that the electrical diagram for
the C9066 circuit breaker connection (wiring) for the ``Main Deck
Oxygen Alert Control'' is erroneous and might have resulted in
[[Page 37020]]
incorrect installation. This incorrect installation leads to an
unprotected circuit, and therefore any wires or system components that
might lie adjacent to the wiring that would normally be protected by
the C9066 circuit breaker might be affected. The FAA is issuing this AD
to address potential incorrect installation of the ``Main Deck Oxygen
Alert Control'' circuit breaker, which could result in overheating and
burning of the wiring, and consequently, could result in smoke
triggering an alarm and causing the crew workload to increase; or could
result in a short circuit to adjacent wires causing malfunctions in
other systems. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
Israel Aerospace Industries, Ltd., has issued IAI-Aviation Group
Alert Service Bulletin 368-24-098, Revision 1, dated June 2021. This
service information describes procedures for a visual inspection of the
wiring connection common to the C9066 circuit breaker, changes to the
wiring connection, if necessary, and a test of the main deck oxygen
alert system, if necessary. 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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this AD
because the FAA evaluated all pertinent information and determined the
unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in the service
information described previously.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because incorrect installation of the ``Main Deck Oxygen Alert
Control'' circuit breaker could result in overheating and burning of
wiring, and consequently, could result in smoke triggering an alarm and
causing the crew workload to increase; or could result in a short
circuit to adjacent wires causing malfunctions in other systems.
Furthermore, since this is a potentially unprotected circuit, if any
failure occurs along the length of this circuit it could result in a
fire and cause collateral damage to adjacent circuits and affect
critical systems necessary for continued safe flight and landing.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, the FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less
than 30 days, for the same reasons the FAA found good cause to forgo
notice and comment.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0566; Project Identifier MCAI-
2021-00733-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Brian
Hernandez, Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone
and fax: 206-231-3535; email: [email protected]. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 71 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 37021]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection............................ 1 work-hour x $85 per $0 $85 $6,035
hour = $85.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Wiring change and test........................ 1 work-hour x $85 per hour = $85 $0 $85
----------------------------------------------------------------------------------------------------------------
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.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that 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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2021-15-04 The Boeing Company: Amendment 39-21651; Docket No. FAA-
2021-0566; Project Identifier MCAI-2021-00733-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 14,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 767-300 series
airplanes, certificated in any category, that have been modified to
a Bedek Division Special Freighter (BDSF), in accordance with FAA
Supplemental Type Certificate (STC) ST02040SE (the freighter
configuration is designated as 767-300BDSF), and which are listed in
paragraph 1.A., ``Effectivity,'' of IAI-Aviation Group Alert Service
Bulletin 368-24-098, Revision 1, dated June 2021.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
Power.
(e) Reason
This AD was prompted by a report that the electrical diagram for
the C9066 circuit breaker connection (wiring) for the ``Main Deck
Oxygen Alert Control'' is erroneous and might have resulted in
incorrect installation. The FAA is issuing this AD to address
potential incorrect installation of the ``Main Deck Oxygen Alert
Control'' circuit breaker, which could result in overheating and
burning of the wiring, and consequently, could result in smoke
triggering an alarm and causing the crew workload to increase; or
could result in a short circuit to adjacent wires causing
malfunctions in other systems. Furthermore, since this is a
potentially unprotected circuit, if any failure occurs along the
length of this circuit it could result in a fire and cause
collateral damage to adjacent circuits and affect critical systems
necessary for continued safe flight and landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection, Wiring Connection Change, and Test
Within 10 days after the effective date of this AD, perform a
detailed inspection of the wiring connection common to the C9066
circuit breaker to make sure 20 AWG wire is connected to terminal 1
and the BUS is connected to terminal 2, in accordance with steps 1.
through 3. of the Accomplishment Instructions of IAI-Aviation Group
Alert Service Bulletin 368-24-098, Revision 1, dated June 2021. If
20 AWG wire is not connected to terminal 1 or the BUS is not
connected to terminal 2, before further flight, make changes to the
wiring connection and test the main deck oxygen alert system, in
accordance with steps 4. through 13. of the Accomplishment
Instructions of IAI-Aviation Group Alert Service Bulletin 368-24-
098, Revision 1, dated June 2021.
(h) No Report
Although IAI-Aviation Group Alert Service Bulletin 368-24-098,
Revision 1, dated June 2021, specifies to report inspection
findings, this AD does not require any report.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 responsible Flight Standards Office,
as appropriate. If sending
[[Page 37022]]
information directly to the manager of the certification office,
send it to the attention of the person identified in Related
Information. 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 responsible Flight Standards Office.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Civil Aviation Authority of Israel (CAAI) Israeli AD ISR-I-
24-2021-6-6R1, dated June 27, 2021, 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-
2021-0566.
(2) For more information about this AD, contact Brian Hernandez,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3535; email: [email protected].
(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) IAI-Aviation Group Alert Service Bulletin 368-24-098,
Revision 1, dated June 2021.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Israel Aerospace Industries, Ltd., Ben Gurion Airport, Israel 70100;
telephone 972-39359826; email [email protected].
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-15026 Filed 7-12-21; 11:15 am]
BILLING CODE 4910-13-P
