83 FR 23209 - Special Conditions: The Boeing Company Model 777-8 and 777-9 Airplanes; Folding Wingtips
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 97 (May 18, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 97 (May 18, 2018)
| Page Range | 23209-23212 | |
| FR Document | 2018-10576 |
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)] [Rules and Regulations] [Pages 23209-23212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10576] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2017-0636; Special Conditions No. 25-726-SC] Special Conditions: The Boeing Company Model 777-8 and 777-9 Airplanes; Folding Wingtips AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. ----------------------------------------------------------------------- SUMMARY: These special conditions are issued for The Boeing Company (Boeing) Model 777-8 and 777-9 airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport- category airplanes. This design feature is folding wingtips. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Effective June 18, 2018. FOR FURTHER INFORMATION CONTACT: Ian Won, FAA, Airframe and Cabin Safety Section, AIR-675, Policy and Innovation Division, Transport Standards Branch, Aircraft Certification Service, 2200 South 216th St., Des Moines, Washington, 98198-6547; telephone 206-231-3217. SUPPLEMENTARY INFORMATION: Background On April 19, 2017 (for the Model 777-8 airplane), and May 12, 2015 (for the 777-9 airplane), Boeing applied for an amendment to Type Certificate (TC) No. T00001SE to include the new Model 777-8 and 777-9 airplanes. These airplanes are constructed with new carbon-fiber- reinforced plastic (CFRP) wings with folding wingtips. [[Page 23210]] The Model 777-9 airplane, a derivative of the Model 777-300ER airplane currently approved under TC No. T00001SE, is a stretched- fuselage, large, twin-engine airplane with seating for 408 passengers and a maximum takeoff weight of 775,000 pounds. The Model 777-8 airplane, a shortened-body derivative of the Model 777-9 airplane, is a large, twin-engine airplane with seating for 359 passengers and a maximum takeoff weight of 775,000 pounds. Type Certification Basis Under the provisions of title 14, Code of Federal Regulations (14 CFR) 21.101, Boeing must show that the Model 777-8 and 777-9 airplanes meet the applicable provisions of the regulations listed in TC No. T00001SE, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model 777-8 and 777-9 airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of Sec. 21.16. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under Sec. 21.101. In addition to the applicable airworthiness regulations and special conditions, the Model 777-8 and 777-9 airplanes must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with Sec. 11.38, and they become part of the type certification basis under Sec. 21.101. Novel or Unusual Design Features The Boeing Model 777-8 and 777-9 airplanes will incorporate the following novel or unusual design features: CFRP wings with folding wingtips. Boeing will incorporate this on-ground wingtip-fold capability to reduce the wingspan from 235 to 212 feet when folded. These folding wingtips comply with Code E gate \1\ compatibility when folded during ground operations. --------------------------------------------------------------------------- \1\ A Code E gate is designed to accommodate aircraft wingspans between 170.6 ft. (52m) and 213.3 ft. (65m), and outer main-gear wheel spans between 29.5 ft. (9m) and 45.9 ft. (14m). Boeing 777 airplanes are in this gate-code category. --------------------------------------------------------------------------- Discussion Boeing will add folding wingtips to their Model 777-8 and 777-9 airplane wings to maintain Code E gate compatibility when folded during ground operations. This wing-folding feature will be operable on the ground only. Boeing has no plan to carry fuel in the folding sections of the wings. Boeing has determined that a catastrophic event could occur if the Model 777-8 and 777-9 airplane wingtips are not properly positioned and secured for takeoff and during flight. In service, numerous takeoff operations with improper airplane configurations have occurred due to failures of the takeoff warning systems, or inadvertent crew actions. For these special conditions, a parallel is drawn between taking off with gust locks engaged and taking off with the wingtips folded, as either condition could result in a catastrophic event. Consequently, the FAA has determined that the level of safety in protecting a misconfigured airplane from takeoff with wingtips folded should be the same as taking off with the gust locks engaged. Therefore, condition 2 of these special conditions has the same intent as Sec. 25.679(a)(2). Per Sec. 25.1309, the applicant must show that such an event is extremely improbable, must not result from a single failure, and that appropriate alerting must be provided for the crew to manage unsafe system-operating conditions. In addition, the applicant must ensure that the wingtips are properly secured during ground operations to protect ground personnel against bodily injury. Factors to be considered when showing compliance to these special conditions include, but are not limited to:With wingtips in the folded position, the conventional airplane-wingtip-position lights may have reduced visibility due to the upward position of the wingtips, possibly impacting ground-operation safety. Light placement may require special consideration to retain the current ground-operation safety, and mitigate any adverse impact this light position may have on pilot visibility during night-lighting conditions. Due to upward wingtip positioning on the ground, significant loads may be imposed by wind gusts combined with taxi speed during the transition from the unfolded to the folded position. The FAA issued Policy Statement No. PS-ANM-25-12, ``Certification of Structural Elements in Flight Control Systems,'' to address structural elements in systems that act as both structure and as part of a system. This policy provides additional guidance on the appropriate application of the fatigue and damage-tolerance requirements of Sec. 25.571, and the system-safety requirements of Sec. Sec. 25.671 and 25.1309. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Discussion of Comments Notice of Proposed Special Conditions No. 25-17-02-SC for the Boeing Model 777-8 and 777-9 airplanes was published in the Federal Register on November 1, 2017 (82 FR 50581). The FAA received responses from four commenters. Commenter 1: Air Line Pilots Association (ALPA) ALPA stated that the special conditions should require demonstration of ground-handling effects due to the folding wingtips, and implementing a robust flight-test procedure to evaluate the effects of the folding wingtips during landing rollout and taxi under high crosswind and gust conditions, to ensure no exceptional piloting skill is required during these operations. ALPA also suggests including, within the Boeing Model 777 series airplane flight manual, the crosswind conditions under which the folding wingtips were studied. The FAA notes that demonstration of acceptable handling qualities is required by special condition 5 as written. The method of compliance demonstration, and associated documentation, is outside the scope of these special conditions, and the special conditions remain adopted as proposed. Commenter 2 One commenter suggested various means for the applicant to address the special conditions, for example, the need for additional power cut outs that are separate circuits. The FAA partially agrees with the commenter, noting that special conditions are performance standards that may be satisfied by various means, including those the commenter proposed. However, the method of compliance demonstration is outside the scope of these special [[Page 23211]] conditions. Therefore, the special conditions remain adopted as proposed. Commenter 3 One commenter expressed concern that the special conditions may be confusing to the United States Congress. The FAA responds that special conditions are part of the Executive Branch rulemaking process, which is independent of the United States Congress lawmaking process. Special conditions are unique to aircraft certification and, therefore, are written with the aerospace-industry audience in mind. The special conditions remain adopted as proposed. Commenter 4 One commenter stated concern over the applicability of these special conditions to future models on the Boeing Model 777 airplane type certificate. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. The FAA responds that these special conditions provide requirements for a safe design for folding wingtips on future Model 777 airplane derivatives, as well as on the current Model 777 airplanes. These special conditions will ensure that future models incorporating the same novel or unusual design feature meet the level of safety equivalent to that established in the regulations. The commenter suggested that the 1.25 factor specified in Sec. 25.415(d) be applied to the portion of the system that is isolated in- flight, and is not critical for safe flight and landing. The FAA disagrees with the comment. The structure the commenter addressed has no impact on safety of flight. Additionally, the special conditions require that the wingtips must have a means by which to safeguard against unlocking from the extended, flight-deployed position in-flight because of failures, including the failure of any single structural element. The special conditions remain adopted as proposed. The commenter suggested that the airplane must demonstrate acceptable handling qualities during rollout in a crosswind environment, as the wingtips transition from the flight-deployed to folded position, and transitioning from the folded to the flight- deployed position, as well as during the unlikely event of asymmetric wingtip folding. The FAA agrees with the comment, but it is the FAA's position that the special conditions, as proposed, indicate that the airplane must exhibit acceptable handling qualities under normal and asymmetric operation. The special conditions remain adopted as proposed. The commenter suggested that the FAA repeat the Sec. 25.675 text in special condition 6, in lieu of only referencing Sec. 25.675 in the special condition. The FAA finds that the special condition has the same legal effect either way, and finds no advantage to repeating the text of Sec. 25.675 in special condition 6. Applicability As discussed above, these special conditions are applicable to Boeing Model 777-8 and 777-9 airplanes. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. Conclusion This action affects only a certain novel or unusual design feature on one model series of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 777-8 and 777-9 airplanes. Note: The term ``latch'' refers to the mechanism that allows the wingtip to carry flight loads in the down (flight-deployed) position. The term ``lock'' refers to the mechanism that prevents disconnection of the latch when the wing tip is down. 1. More than one means must be available to alert the flightcrew that the wingtips are not properly positioned and secured prior to takeoff. Each of these means must be unique in their wingtip-monitoring function. When meeting this condition, the applicant must add a function to the takeoff warning system, as required by Sec. 25.703(a)(1) and (2), to warn of an unlocked or improperly positioned wingtip, including indication to the flightcrew when a wingtip is in the folded position during taxi. 2. In addition to a takeoff warning in accordance with Sec. 25.703, a means must be provided to prevent airplane takeoff if a wingtip is not properly positioned and secured for flight. 3. The applicant must consider the effects of folding-wingtip freeplay when evaluating compliance to the design load requirements of 14 CFR part 25, subpart C, and the aeroelastic stability (including flutter, divergence, control reversal, and any undue loss of stability and control as a result of structural deformation) requirements of Sec. 25.629. Thus, the effects of normal wear, and other long-term durability conditions (such as corrosion) of the folding-wingtip operating mechanism on freeplay, and its impact on loads and aeroelastic stability, must be considered. Where freeplay limitations are required to ensure aeroelastic stability, acceptable freeplay limits and freeplay check procedures must be established. If lubrication is required to control excessive wear, lubrication intervals must be established. These procedures and limitations must be documented in accordance with Sec. 25.1529. The freeplay-check and mechanism-lubrication intervals, if required, must be documented as a certification maintenance requirement (CMR). Guidance for CMRs can be found in Advisory Circular 25-19A, ``Certification Maintenance Requirements.'' The effects of freeplay on wing-joint torsional and bending stiffness, as well as wing frequencies, must be evaluated when showing compliance to loads and aeroelastic stability requirements. Also, the effects of freeplay on fatigue and damage tolerance must be considered when showing compliance with Sec. 25.571. 4. The folding wingtips and their operating mechanism must be designed for 65 knot, horizontal, ground-gust conditions in any direction as specified in Sec. 25.415(a). Relevant design conditions must be defined using combinations of steady wind and taxi speeds determined by rational analysis utilizing airport wind data. The folding wingtip is not a control surface as specified in Sec. 25.415(b). Therefore, in lieu of the equation provided in Sec. 25.415(b), the hinge moment may be calculated from rational wind-tunnel data. The 1.25 factor specified in Sec. 25.415(d) need not be applied to the portion of the system that is isolated in flight and is not critical for safe flight and landing. The folding-wingtip system must be designed for the conditions specified in Sec. 25.415(e), (f), and (g). Runway roughness, as specified in Sec. 25.491, must be evaluated separately up to the maximum relevant airplane ground speeds. All of the above conditions must be applied to the folding wingtips in the extended (flight- [[Page 23212]] deployed), folded, and transient positions. 5. The airplane must demonstrate acceptable handling qualities during rollout in a crosswind environment, as wingtips transition from the flight-deployed to folded position, as well as during the unlikely event of asymmetric wingtip folding. 6. The wingtip-fold operating mechanism must have stops that positively limit the range of motion of the wingtips. Each stop must be designed to the requirements of Sec. 25.675. 7. The wingtip hinge structure must be designed for inertia loads acting parallel to the hinge line. In the absence of more rational data, the inertia loads may be assumed to be equal to KW as referenced in Sec. 25.393. Hinge design must meet the requirements of Sec. 25.657. 8. In lieu of Sec. 25.1385(b): The forward position lights must be installed such that they consist of a red and a green light spaced laterally as far apart as practicable, and installed forward on the airplane, so that, with the airplane in the normal flying position and with the wingtips in the folded position for ground operations, the red light is on the left side and the green light is on the right side at approximately the level of the wingtips in the takeoff configuration. Each light must be approved and must meet the requirements of Sec. 25.1385(a) and (d). The lights must not impair the vision of the flightcrew when the wingtips are in the folded and transient positions. 9. The applicant must include design features that ensure the wingtips are properly secured during ground operations, to protect ground personnel from bodily injury as well as to prevent damage to the airframe, ground structure, and ground support equipment. 10. The wingtips must have means to safeguard against unlocking from the extended, flight-deployed position in flight, as a result of failures, including the failure of any single structural element. All sources of airplane power that could initiate unlocking of the wingtips must be automatically isolated from the wingtip-fold operating system (including the latching and locking system) prior to flight, and it must not be possible to restore power to the system during flight. The wingtip latching and locking mechanisms must be designed so that, under all airplane flight-load conditions, no force or torque can unlatch or unlock the mechanisms. The latching system must include a means to secure the latches in the latched position, independent of the locking system. It must not be possible to position the lock in the locked position if the latches and the latching mechanisms are not in the latched position, and it must not be possible to unlatch the latches with the locks in the locked position. Issued in Des Moines, Washington, on May 11, 2018. Victor Wicklund, Manager, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2018-10576 Filed 5-17-18; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations 23209
have provided fraudulent representation program, including but not limited to, for each individual eligible for
and are subject to § 636.13. information to verify the applicant’s payments.
* * * * * status as a limited resource, beginning * * * * *
farmer or rancher, and payment
Signed in Washington, DC, on May 14,
PART 1415—GRASSLANDS RESERVE eligibility as established by 7 CFR part 2018.
PROGRAM 1400; and
Leonard Jordan,
(7) Provide a list of all members of the
■ 5. The authority citation for part 1415 Vice President, Commodity Credit
legal entity and embedded entities along Corporation, Acting Chief, Natural Resources
continues to read as follows: with members’ tax identification Conservation Service.
Authority: 16 U.S.C. 3838n–3838q. numbers and percentage interest in the [FR Doc. 2018–10641 Filed 5–17–18; 8:45 am]
entity.
■ 6. Section 1415.6 is amended by BILLING CODE 3410–16–P
revising paragraphs (c) and (d) and * * * * *
removing paragraph (e).
The revisions read as follows: PART 1468—AGRICULTURAL
CONSERVATION EASEMENT DEPARTMENT OF TRANSPORTATION
§ 1415.6 Participant eligibility. PROGRAM Federal Aviation Administration
* * * * *
(c) Meet the Adjusted Gross Income ■ 11. The authority citation for part
14 CFR Part 25
requirements in part 1400 of this 1468 continues to read as follows:
chapter, unless exempted under part Authority: 15 U.S.C. 714b and 714c; 16 [Docket No. FAA–2017–0636; Special
1400 of this chapter; and U.S.C. 3865–3865d. Conditions No. 25–726–SC]
(d) Meet the conservation compliance
§ 1468.30 [Amended] Special Conditions: The Boeing
requirements found in part 12 of this
Company Model 777–8 and 777–9
title. ■ 12. Section 1468.30 is amended by: Airplanes; Folding Wingtips
* * * * * ■ a. Removing paragraph (c)(3);
■ b. Redesignating the second paragraph AGENCY: Federal Aviation
PART 1465—AGRICULTURAL (c)(4) as paragraph (c)(5); and Administration (FAA), DOT.
MANAGEMENT ASSISTANCE ■ c. Redesignating paragraphs (c)(4) and ACTION: Final special conditions.
7. The authority citation for part 1465 newly redesignated (c)(5) as paragraphs
■ SUMMARY: These special conditions are
continues to read as follows: (c)(3) and (4), respectively.
issued for The Boeing Company
Authority: 7 U.S.C. 1524(b). PART 1470—CONSERVATION (Boeing) Model 777–8 and 777–9
STEWARDSHIP PROGRAM airplanes. These airplanes will have a
■ 8. Section 1465.5 is amended by novel or unusual design feature when
revising paragraphs (c)(10) and (11) and ■ 13. The authority citation for part compared to the state of technology
removing paragraph (c)(12). 1470 continues to read as follows: envisioned in the airworthiness
The revisions read as follows: standards for transport-category
Authority: 16 U.S.C. 3838d–3838g.
§ 1465.5 Program requirements. airplanes. This design feature is folding
■ 14. Section 1470.6 is amended by: wingtips. The applicable airworthiness
* * * * *
■ a. Revising paragraph (a)(5); regulations do not contain adequate or
(c) * * *
(10) Be in compliance with the terms ■ b. Removing paragraph (a)(6); appropriate safety standards for this
of all other USDA-administered ■ c. Redesignating paragraph (a)(7) as design feature. These special conditions
conservation program agreements to paragraph (a)(6) and revising it. contain the additional safety standards
which the participant is a party; and The revisions read as follows: that the Administrator considers
(11) Develop and agree to comply necessary to establish a level of safety
§ 1470.6 Eligibility requirements. equivalent to that established by the
with an APO and O&M agreement, as
described in § 1465.3. (a) * * * existing airworthiness standards.
(5) Supply information, as required by DATES: Effective June 18, 2018.
* * * * *
NRCS, to determine eligibility for the FOR FURTHER INFORMATION CONTACT: Ian
PART 1466—ENVIRONMENTAL program, including but not limited to, Won, FAA, Airframe and Cabin Safety
QUALITY INCENTIVES PROGRAM information related to eligibility Section, AIR–675, Policy and
requirements and ranking factors; Innovation Division, Transport
■ 9. The authority citation for part 1466 conservation activity and production Standards Branch, Aircraft Certification
continues to read as follows: system records; information to verify the Service, 2200 South 216th St., Des
Authority: 15 U.S.C. 714b and 714c; 16 applicant’s status as an historically Moines, Washington, 98198–6547;
U.S.C. 3839aa–3839–8. underserved producer or a veteran telephone 206–231–3217.
farmer or rancher, if applicable; and SUPPLEMENTARY INFORMATION:
■ 10. Section 1466.6 is amended by: payment eligibility as established by 7
■ a. Revising paragraph (b)(6); CFR part 1400; and Background
■ b. Removing paragraph (b)(7); and
■ c. Redesignating paragraph (b)(8) as (6) Provide a list of all members of the On April 19, 2017 (for the Model 777–
paragraph (b)(7) and revising it. legal entity or joint operation, as 8 airplane), and May 12, 2015 (for the
sradovich on DSK3GMQ082PROD with RULES
The revisions read as follows: applicable, and embedded entities along 777–9 airplane), Boeing applied for an
with members’ tax identification amendment to Type Certificate (TC) No.
§ 1466.6 Program requirements. numbers and percentage interest in the T00001SE to include the new Model
* * * * * legal entity or joint operation. Where 777–8 and 777–9 airplanes. These
(b) * * * applicable; American Indians, Alaska airplanes are constructed with new
(6) Supply information, as required by Natives, and Pacific Islanders may use carbon-fiber-reinforced plastic (CFRP)
NRCS, to determine eligibility for the another unique identification number wings with folding wingtips.
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deployed), folded, and transient to position the lock in the locked SUPPLEMENTARY INFORMATION:
positions. position if the latches and the latching
5. The airplane must demonstrate Table of Contents
mechanisms are not in the latched
acceptable handling qualities during position, and it must not be possible to I. Executive Summary
rollout in a crosswind environment, as unlatch the latches with the locks in the A. Purpose of the Final Rule
wingtips transition from the flight- locked position. B. Summary of the Major Provisions of the
deployed to folded position, as well as Final Rule
Issued in Des Moines, Washington, on May C. Legal Authority
during the unlikely event of asymmetric 11, 2018. D. Costs and Benefits
wingtip folding. Victor Wicklund, II. Background
6. The wingtip-fold operating A. Need for the Regulation/History of This
Manager, Transport Standards Branch, Policy
mechanism must have stops that Rulemaking
and Innovation Division, Aircraft
positively limit the range of motion of Certification Service. B. Summary of Comments to the Proposed
the wingtips. Each stop must be Rule
[FR Doc. 2018–10576 Filed 5–17–18; 8:45 am]
designed to the requirements of III. Legal Authority
BILLING CODE 4910–13–P IV. Comments on the Proposed Rule and FDA
§ 25.675.
7. The wingtip hinge structure must Response
be designed for inertia loads acting A. Introduction
DEPARTMENT OF HEALTH AND B. Specific Comments and FDA Response
parallel to the hinge line. In the absence V. Effective Date
of more rational data, the inertia loads HUMAN SERVICES
VI. Economic Analysis of Impacts
may be assumed to be equal to KW as VII. Analysis of Environmental Impact
referenced in § 25.393. Hinge design Food and Drug Administration
VIII. Paperwork Reduction Act of 1995
must meet the requirements of § 25.657. IX. Federalism
8. In lieu of § 25.1385(b): The forward 21 CFR Part 864 X. Consultation and Coordination With
position lights must be installed such [Docket No. FDA–2016–N–0406] Indian Tribal Governments
that they consist of a red and a green XI. References
light spaced laterally as far apart as Medical Devices; Hematology and I. Executive Summary
practicable, and installed forward on the Pathology Devices; Classification of
airplane, so that, with the airplane in Blood Establishment Computer A. Purpose of the Final Rule
the normal flying position and with the Software and Accessories FDA is classifying BECS and BECS
wingtips in the folded position for accessories into class II (special
AGENCY: Food and Drug Administration,
ground operations, the red light is on controls). The Agency believes that the
HHS.
the left side and the green light is on the special controls established and
right side at approximately the level of ACTION: Final rule.
imposed by this final rule, together with
the wingtips in the takeoff SUMMARY: The Food and Drug the general controls, will provide
configuration. Each light must be Administration (FDA, Agency, or we) is reasonable assurance of the safety and
approved and must meet the issuing a final rule to classify blood effectiveness of these devices. In this
requirements of § 25.1385(a) and (d). establishment computer software final rule, FDA is also revising the
The lights must not impair the vision of (BECS) and BECS accessories (regulated definition of BECS accessories from the
the flightcrew when the wingtips are in under product code MMH) into class II definition in the proposed rule and
the folded and transient positions. (special controls). FDA has identified responding to comments received on the
9. The applicant must include design special controls for BECS and BECS proposed rule. Lastly, FDA is giving
features that ensure the wingtips are accessories that are necessary to provide notice that the Agency does not intend
properly secured during ground a reasonable assurance of safety and to exempt BECS and BECS accessories
operations, to protect ground personnel effectiveness. FDA is also giving notice from the premarket notification
from bodily injury as well as to prevent that the Agency does not intend to requirements of the FD&C Act.
damage to the airframe, ground exempt BECS and BECS accessories
structure, and ground support B. Summary of the Major Provisions of
from premarket notification the Final Rule
equipment. requirements of the Federal Food, Drug,
10. The wingtips must have means to and Cosmetic Act (FD&C Act). In this final rule, FDA is classifying
safeguard against unlocking from the BECS and BECS accessories into class II
DATES: This rule is effective June 18,
extended, flight-deployed position in (special controls). This rule creates
flight, as a result of failures, including 2018.
§ 864.9165 in 21 CFR part 864, subpart
the failure of any single structural ADDRESSES: For access to the docket to J, to include the identification and
element. All sources of airplane power read background documents or classification of BECS and BECS
that could initiate unlocking of the comments received, go to https:// accessories. The classification of BECS
wingtips must be automatically isolated www.regulations.gov and insert the and BECS accessories is consistent with
from the wingtip-fold operating system docket number found in brackets in the the FDA Blood Product Advisory
(including the latching and locking heading of this final rule into the Committee (BPAC) recommendation
system) prior to flight, and it must not ‘‘Search’’ box and follow the prompts, that the devices be classified as class II
be possible to restore power to the and/or go to the Dockets Management (special controls) devices with
system during flight. The wingtip Staff, 5630 Fishers Lane, Rm. 1061, premarket review.
latching and locking mechanisms must Rockville, MD 20852.
sradovich on DSK3GMQ082PROD with RULES
be designed so that, under all airplane FOR FURTHER INFORMATION CONTACT: C. Legal Authority
flight-load conditions, no force or torque Jessica Walker Udechukwu, Center for We are issuing this final rule under
can unlatch or unlock the mechanisms. Biologics Evaluation and Research, section 513(a)(1)(B) of the FD&C Act (21
The latching system must include a Food and Drug Administration, 10903 U.S.C. 360c(a)(1)(B)). FDA has the
means to secure the latches in the New Hampshire Ave., Bldg. 71, Rm. authority under this provision of the
latched position, independent of the 7301, Silver Spring, MD 20993–0002, FD&C Act to issue a regulation to
locking system. It must not be possible 240–402–7911. establish special controls for class II
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Document Created: 2018-05-18 02:15:53
Document Modified: 2018-05-18 02:15:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final special conditions. | |
| Dates | Effective June 18, 2018. | |
| Contact | Ian Won, FAA, Airframe and Cabin Safety Section, AIR-675, Policy and Innovation Division, Transport Standards Branch, Aircraft Certification Service, 2200 South 216th St., Des Moines, Washington, 98198-6547; telephone 206-231-3217. | |
| FR Citation | 83 FR 23209 | |
| CFR Associated | Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements |
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