83_FR_48896 83 FR 48708 - Airworthiness Directives; The Boeing Company Airplanes

83 FR 48708 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range48708-48711
FR Document2018-20631

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.

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018)
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Rules and Regulations]
[Pages 48708-48711]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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: 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.

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: 9-AWP-LAACO-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.

(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: samuel.lee@faa.gov.

(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



                                             48708            Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations

                                             (d) Subject                                              Dassault Aviation’s EASA Design                       DEPARTMENT OF TRANSPORTATION
                                               Air Transport Association (ATA) of                     Organization Approval (DOA). If approved by
                                             America Code 30, Ice and Rain Protection.                the DOA, the approval must include the                Federal Aviation Administration
                                                                                                      DOA-authorized signature.
                                             (e) Reason
                                                                                                      (j) Related Information
                                                                                                                                                            14 CFR Part 39
                                                This AD was prompted by reports of
                                             metallic debris found in the wing slat piccolo             (1) Refer to Mandatory Continuing                   [Docket No. FAA–2017–1026; Product
                                             tubes; investigation revealed that the debris            Airworthiness Information (MCAI) EASA AD              Identifier 2017–NM–097–AD; Amendment
                                             originated from the flow guide of the ball                                                                     39–19422; AD 2018–19–21]
                                                                                                      2018–0022, dated January 29, 2018, for
                                             joint located downstream of the wing anti-ice            related information. This MCAI may be                 RIN 2120–AA64
                                             valve. We are issuing this AD to address
                                                                                                      found in the AD docket on the internet at
                                             restricted airflow of the piccolo tubes,                                                                       Airworthiness Directives; The Boeing
                                             leading to insufficient wing anti-ice                    http://www.regulations.gov by searching for
                                             capability and significant undetected ice                and locating Docket No. FAA–2018–0496.                Company Airplanes
                                             accretion on the wing, which could result in               (2) For more information about this AD,
                                                                                                                                                            AGENCY:  Federal Aviation
                                             loss of control of the airplane.                         contact Tom Rodriguez, Aerospace Engineer,
                                                                                                                                                            Administration (FAA), DOT.
                                                                                                      International Section, Transport Standards
                                             (f) Compliance                                                                                                 ACTION: Final rule.
                                                                                                      Branch, FAA, 2200 South 216th Street, Des
                                                Comply with this AD within the                        Moines, WA 98198; telephone and fax 206–
                                             compliance times specified, unless already                                                                     SUMMARY:   We are adopting a new
                                                                                                      231–3226.
                                             done.                                                                                                          airworthiness directive (AD) for all The
                                                                                                      (k) Material Incorporated by Reference                Boeing Company Model 707 airplanes,
                                             (g) Repetitive Inspections and Corrective
                                                                                                         (1) The Director of the Federal Register           and Model 720 and 720B series
                                             Actions
                                                                                                      approved the incorporation by reference               airplanes. This AD was prompted by
                                                Within 25 months after the effective date                                                                   fuel system reviews conducted by the
                                             of this AD: Perform a detailed inspection for            (IBR) of the service information listed in this
                                                                                                      paragraph under 5 U.S.C. 552(a) and 1 CFR             manufacturer. This AD requires revising
                                             discrepancies of the flow guide of the ball
                                             joint located downstream of the wing anti-ice            part 51.                                              the maintenance or inspection program
                                             valve, and do all applicable related                        (2) You must use this service information          to include new airworthiness
                                             investigative and corrective actions, in                 as applicable to do the actions required by           limitations. We are issuing this AD to
                                             accordance with the Accomplishment                       this AD, unless this AD specifies otherwise.          address the unsafe condition on these
                                             Instructions of Dassault Aviation Service                   (i) Dassault Aviation Service Bulletin             products.
                                             Bulletin F2000–441, dated June 20, 2017; or              F2000–441, dated June 20, 2017.
                                             Dassault Aviation Service Bulletin F2000EX–
                                                                                                                                                            DATES:   This AD is effective November 1,
                                                                                                         (ii) Dassault Aviation Service Bulletin            2018.
                                             413, dated July 10, 2017; as applicable.
                                                                                                      F2000EX–413, dated July 10, 2017.                        The Director of the Federal Register
                                             Repeat the detailed inspection thereafter at
                                                                                                         (3) For service information identified in          approved the incorporation by reference
                                             intervals not to exceed 25 months. Do all
                                             applicable corrective actions before further             this AD, contact Dassault Falcon Jet                  of a certain publication listed in this AD
                                             flight.                                                  Corporation, Teterboro Airport, P.O. Box              as of November 1, 2018.
                                                                                                      2000, South Hackensack, NJ 07606;
                                             (h) No Reporting Requirement                                                                                   ADDRESSES: For service information
                                                                                                      telephone 201–440–6700; internet http://
                                               Although the service information                                                                             identified in this final rule, contact
                                                                                                      www.dassaultfalcon.com.
                                             identified in paragraph (g) of this AD                      (4) You may view this service information
                                                                                                                                                            Boeing Commercial Airplanes,
                                             specifies to submit certain information to the           at the FAA, Transport Standards Branch,
                                                                                                                                                            Attention: Contractual & Data Services
                                             manufacturer, this AD does not include that              2200 South 216th St., Des Moines, WA. For             (C&DS), 2600 Westminster Blvd., MC
                                             requirement.
                                                                                                      information on the availability of this               110–SK57, Seal Beach, CA 90740–5600;
                                             (i) Other FAA AD Provisions                              material at the FAA, call 206–231–3195.               telephone: 562–797–1717; internet:
                                                                                                         (5) You may view this service information          https://www.myboeingfleet.com. You
                                                The following provisions also apply to this
                                                                                                      that is incorporated by reference at the              may view this service information at the
                                             AD:
                                                (1) Alternative Methods of Compliance                 National Archives and Records                         FAA, Transport Standards Branch, 2200
                                             (AMOCs): The Manager, International                      Administration (NARA). For information on             South 216th St., Des Moines, WA. For
                                             Section, Transport Standards Branch, FAA,                the availability of this material at NARA, call       information on the availability of this
                                             has the authority to approve AMOCs for this              202–741–6030, or go to: http://                       material at the FAA, call 206–231–3195.
                                             AD, if requested using the procedures found              www.archives.gov/federal-register/cfr/ibr-            It is also available on the internet at
                                             in 14 CFR 39.19. In accordance with 14 CFR               locations.html.                                       http://www.regulations.gov by searching
                                             39.19, send your request to your principal                                                                     for and locating Docket No. FAA–2017–
                                             inspector or local Flight Standards District               Issued in Des Moines, Washington, on
                                                                                                                                                            1026.
                                             Office, as appropriate. If sending information           September 7, 2018.
                                             directly to the International Section, send it           Michael Kaszycki,                                     Examining the AD Docket
                                             to the attention of the person identified in
                                             paragraph (j)(2) of this AD. Information may             Acting Director, System Oversight Division,             You may examine the AD docket on
                                             be emailed to: 9-ANM-116-AMOC-                           Aircraft Certification Service.                       the internet at http://
                                             REQUESTS@faa.gov. Before using any                       [FR Doc. 2018–20630 Filed 9–26–18; 8:45 am]           www.regulations.gov by searching for
                                             approved AMOC, notify your appropriate                   BILLING CODE 4910–13–P                                and locating Docket No. FAA–2017–
                                             principal inspector, or lacking a principal                                                                    1026; or in person at Docket Operations
                                             inspector, the manager of the local flight                                                                     between 9 a.m. and 5 p.m., Monday
                                             standards district office/certificate holding                                                                  through Friday, except Federal holidays.
                                             district office.                                                                                               The AD docket contains this final rule,
daltland on DSKBBV9HB2PROD with RULES




                                                (2) Contacting the Manufacturer: For any                                                                    the regulatory evaluation, any
                                             requirement in this AD to obtain corrective
                                             actions from a manufacturer, the action must
                                                                                                                                                            comments received, and other
                                             be accomplished using a method approved                                                                        information. The address for Docket
                                             by the Manager, International Section,                                                                         Operations (phone: 800–647–5527) is
                                             Transport Standards Branch, FAA; or the                                                                        Docket Operations, U.S. Department of
                                             European Aviation Safety Agency (EASA); or                                                                     Transportation, Docket Operations,


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                                                              Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations                                       48709

                                             M–30, West Building Ground Floor,                        were previously approved as an AMOC                   estimate the total cost per operator to be
                                             Room W12–140, 1200 New Jersey                            for AD 2008–04–11 R1. Although                        $7,650 (90 work-hours × $85 per work-
                                             Avenue SE, Washington, DC 20590.                         paragraph (h) of this AD provides                     hour).
                                             FOR FURTHER INFORMATION CONTACT:                         certain allowances, it does not provide
                                                                                                                                                            Authority for This Rulemaking
                                             Samuel Lee, Aerospace Engineer,                          approval of alternative wire types and
                                             Propulsion Section, FAA, Los Angeles                     sleeving that are installed as part of an                Title 49 of the United States Code
                                             ACO Branch, 3960 Paramount                               aircraft design change. Each applicant                specifies the FAA’s authority to issue
                                             Boulevard, Lakewood, CA 90712–4137;                      for any design change is responsible to               rules on aviation safety. Subtitle I,
                                             phone: 562–627–5262; fax: 562–627–                       show that the installation of alternative             section 106, describes the authority of
                                             5210; email: samuel.lee@faa.gov.                         wire types and sleeving identified in                 the FAA Administrator. Subtitle VII:
                                             SUPPLEMENTARY INFORMATION:                               paragraphs (h)(l) and (h)(2) of this AD               Aviation Programs, describes in more
                                                                                                      complies with all applicable regulatory               detail the scope of the Agency’s
                                             Discussion                                               requirements. This responsibility                     authority.
                                                We issued a notice of proposed                        includes, but is not limited to,                         We are issuing this rulemaking under
                                             rulemaking (NPRM) to amend 14 CFR                        substantiation of compliance with                     the authority described in Subtitle VII,
                                             part 39 by adding an AD that would                       flammability requirements, and                        Part A, Subpart III, Section 44701:
                                             apply to all The Boeing Company Model                    substantiation to show that sleeve                    ‘‘General requirements.’’ Under that
                                             707 airplanes, and Model 720 and 720B                    installation, including the selection of              section, Congress charges the FAA with
                                             series airplanes. The NPRM published                     sleeve thickness, is adequate to protect              promoting safe flight of civil aircraft in
                                             in the Federal Register on November 20,                  wires from chafing for the life of                    air commerce by prescribing regulations
                                             2017 (82 FR 55057). The NPRM was                         installation.                                         for practices, methods, and procedures
                                             prompted by fuel system reviews                                                                                the Administrator finds necessary for
                                             conducted by the manufacturer. The                       Conclusion
                                                                                                                                                            safety in air commerce. This regulation
                                             NPRM proposed to require revising the                       We reviewed the relevant data,                     is within the scope of that authority
                                             maintenance or inspection program to                     considered the comment received, and                  because it addresses an unsafe condition
                                             include new airworthiness limitations.                   determined that air safety and the                    that is likely to exist or develop on
                                                We are issuing this AD to detect and                  public interest require adopting this                 products identified in this rulemaking
                                             correct potential ignition sources inside                final rule as proposed, except for minor              action.
                                             fuel tanks caused by latent failures,                    editorial changes. We have determined
                                             alterations, repairs, or maintenance                     that these minor changes:                                This AD is issued in accordance with
                                             actions, which, in combination with                         • Are consistent with the intent that              authority delegated by the Executive
                                             flammable fuel vapors, could result in                   was proposed in the NPRM for                          Director, Aircraft Certification Service,
                                             fuel tank explosions and consequent                      addressing the unsafe condition; and                  as authorized by FAA Order 8000.51C.
                                             loss of the airplane.                                       • Do not add any additional burden                 In accordance with that order, issuance
                                                                                                      upon the public than was already                      of ADs is normally a function of the
                                             Comments                                                                                                       Compliance and Airworthiness
                                                                                                      proposed in the NPRM.
                                               We gave the public the opportunity to                                                                        Division, but during this transition
                                             participate in developing this final rule.               Related Service Information Under 1                   period, the Executive Director has
                                             We have considered the comment                           CFR Part 51                                           delegated the authority to issue ADs
                                             received. Boeing supported the NPRM.                       We reviewed Boeing 707/720                          applicable to transport category
                                                                                                      Airworthiness Limitations (AWLs), D6–                 airplanes and associated appliances to
                                             Clarification of Alternative Wire Types                                                                        the Director of the System Oversight
                                                                                                      7552–AWL, dated October 2016, which
                                             and Sleeving                                                                                                   Division.
                                                                                                      addresses fuel systems ignition
                                                Paragraph (h) of this AD allows                       prevention and impact-resistant fuel
                                             alternative wire types and sleeving                                                                            Regulatory Findings
                                                                                                      tank access doors. This service
                                             materials for certain wire types and                     information is reasonably available                     This AD will not have federalism
                                             sleeving materials identified in AWL                     because the interested parties have                   implications under Executive Order
                                             No. 28–AWL–03. AWL No. 28–AWL–03                         access to it through their normal course              13132. This AD will not have a
                                             was originally mandated by AD 2008–                      of business or by the means identified                substantial direct effect on the States, on
                                             04–11 R1, Amendment 39–16147 (74 FR                      in the ADDRESSES section.                             the relationship between the national
                                             68505, December 28, 2009) (‘‘AD 2008–                                                                          government and the States, or on the
                                             04–11 R1’’). Since the issuance of AD                    Costs of Compliance
                                                                                                                                                            distribution of power and
                                             2008–04–11 R1, which is terminated by                      We estimate that this AD affects 9                  responsibilities among the various
                                             this AD, we received numerous requests                   airplanes of U.S. registry. We estimate               levels of government.
                                             for approval of alternative methods of                   the following costs to comply with this                 For the reasons discussed above, I
                                             compliance (AMOCs) from operators                        AD:                                                   certify that this AD:
                                             and supplemental type certificate (STC)                    We have determined that revising the
                                                                                                                                                              (1) Is not a ‘‘significant regulatory
                                             holders (or applicants) to allow the                     maintenance or inspection program
                                                                                                                                                            action’’ under Executive Order 12866,
                                             installation of the alternative wire types               takes an average of 90 work-hours per
                                             and sleeving. We evaluated certain                       operator, although we recognize that                    (2) Is not a ‘‘significant rule’’ under
                                             attributes of those alternative wire types               this number may vary from operator to                 DOT Regulatory Policies and Procedures
                                             and sleeving for each installation, and                  operator. In the past, we have estimated              (44 FR 11034, February 26, 1979),
                                             issued numerous AMOC approvals for                       that this action takes 1 work-hour per                  (3) Will not affect intrastate aviation
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                                             AD 2008–04–11 R1, based on our                           airplane. Since operators incorporate                 in Alaska, and
                                             determination that the installation of                   maintenance or inspection program                       (4) Will not have a significant
                                             those wire types and sleeving would                      changes for their affected fleet(s), we               economic impact, positive or negative,
                                             provide an acceptable level of safety.                   have determined that a per-operator                   on a substantial number of small entities
                                             The alternative wire types and sleeving                  estimate is more accurate than a per-                 under the criteria of the Regulatory
                                             specified in paragraph (h) of this AD                    airplane estimate. Therefore, we                      Flexibility Act.


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                                             48710            Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations

                                             List of Subjects in 14 CFR Part 39                       program, as applicable, to incorporate the            actions specified by AWL No. 28–AWL–21 is
                                                                                                      information in Section A, including                   specified in paragraph (g)(4)(i) or (g)(4)(ii) of
                                               Air transportation, Aircraft, Aviation                 Subsections A.1, A.2, and Appendix A, as              this AD, as applicable.
                                             safety, Incorporation by reference,                      specified in Boeing 707/720 Airworthiness                (i) For airplanes that have been previously
                                             Safety.                                                  Limitations (AWLs), D6–7552–AWL, dated                inspected as specified in 28–AWL–21 as of
                                                                                                      October 2016; except as provided in                   the effective date of this AD: Conduct the
                                             Adoption of the Amendment                                paragraph (h) of this AD. The initial                 inspection within 72 months after the most
                                               Accordingly, under the authority                       compliance times for the AWL tasks are                recent inspection.
                                             delegated to me by the Administrator,                    within the applicable compliance times                   (ii) For airplanes that have not been
                                             the FAA amends 14 CFR part 39 as                         specified in paragraphs (g)(1) through (g)(5)         inspected as specified in 28–AWL–21 as of
                                                                                                      of this AD.                                           the effective date of this AD: Conduct the
                                             follows:
                                                                                                         (1) AWL No. 28–AWL–01, External Wires              inspection within 12 months after the
                                                                                                      Over Center Fuel Tank, as specified in                effective date of this AD.
                                             PART 39—AIRWORTHINESS
                                                                                                      Boeing 707/720 Airworthiness Limitations                 (5) AWL No. 28–AWL–23, Reserve Tank
                                             DIRECTIVES                                               (AWLs), D6–7552–AWL, dated October 2016.              Transfer Piping Assembly—Bonding Jumper
                                                                                                      The initial compliance time for                       Installation, as specified in Boeing 707/720
                                             ■ 1. The authority citation for part 39                                                                        Airworthiness Limitations (AWLs), D6–
                                                                                                      accomplishment of the actions specified by
                                             continues to read as follows:                            AWL No. 28–AWL–01 is specified in                     7552–AWL, dated October 2016. The initial
                                                 Authority: 49 U.S.C. 106(g), 40113, 44701.           paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as      compliance time for accomplishment of the
                                                                                                      applicable.                                           actions specified by AWL No. 28–AWL–23 is
                                             § 39.13   [Amended]                                         (i) For airplanes that have been previously        specified in paragraph (g)(5)(i) or (g)(5)(ii) of
                                             ■ 2. The FAA amends § 39.13 by adding                    inspected as specified in 28–AWL–01 as of             this AD, as applicable.
                                                                                                      the effective date of this AD: Conduct the               (i) For airplanes that have been previously
                                             the following new airworthiness                                                                                inspected as specified in 28–AWL–23 as of
                                                                                                      inspection within 120 months after the most
                                             directive (AD):                                          recent inspection.                                    the effective date of this AD: Conduct the
                                             2018–19–21 The Boeing Company:                              (ii) For airplanes that have not been              inspection within 72 months after the most
                                                 Amendment 39–19422; Docket No.                       inspected as specified in 28–AWL–01 as of             recent inspection.
                                                 FAA–2017–1026; Product Identifier                    the effective date of this AD: Conduct the               (ii) For airplanes that have not been
                                                 2017–NM–097–AD.                                      inspection within 12 months after the                 inspected as specified in 28–AWL–23 as of
                                                                                                      effective date of this AD.                            the effective date of this AD: Conduct the
                                             (a) Effective Date                                                                                             inspection within 12 months after the
                                                                                                         (2) AWL No. 28–AWL–18, AC Fuel Boost
                                               This AD is effective November 1, 2018.                 Pump Bonding Installation, as specified in            effective date of this AD.
                                             (b) Affected ADs                                         Boeing 707/720 Airworthiness Limitations              (h) Additional Acceptable Wire Types and
                                                                                                      (AWLs), D6–7552–AWL, dated October 2016.              Sleeving
                                                This AD affects the ADs specified in                  The initial compliance time for
                                             paragraphs (b)(1) and (b)(2) of this AD.                 accomplishment of the actions specified by              As an option, when accomplishing the
                                                (1) AD 2008–04–11 R1, Amendment 39–                   AWL No. 28–AWL–18 is specified in                     actions required by paragraph (g) of this AD,
                                             16147 (74 FR 68505, December 28, 2009)                   paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as      the changes specified in paragraphs (h)(1)
                                             (‘‘AD 2008–04–11 R1’’).                                  applicable.                                           and (h)(2) of this AD are acceptable.
                                                (2) AD 2013–24–07, Amendment 39–17681                    (i) For airplanes that have been previously          (1) Where AWL No. 28–AWL–03 identifies
                                             (78 FR 72550, December 3, 2013) (‘‘AD 2013–              inspected as specified in 28–AWL–18 as of             wire types BMS 13–48, BMS 13–58, and BMS
                                             24–07’’).                                                the effective date of this AD: Conduct the            13–60, the following wire types are
                                                                                                      inspection within 72 months after the most            acceptable: MIL–W–22759/16, SAE
                                             (c) Applicability                                                                                              AS22759/16 (M22759/16), MIL–W–22759/32,
                                                                                                      recent inspection.
                                                This AD applies to all The Boeing                                                                           SAE AS22759/32 (M22759/32), MIL–W–
                                                                                                         (ii) For airplanes that have not been
                                             Company airplanes, certificated in any                                                                         22759/34, SAE AS22759/34 (M22759/34),
                                                                                                      inspected as specified in 28–AWL–18 as of
                                             category, identified in paragraphs (c)(1) and                                                                  MIL–W–22759/41, SAE AS22759/41
                                                                                                      the effective date of this AD: Conduct the
                                             (c)(2) of this AD.                                                                                             (M22759/41), MIL–W–22759/86, SAE
                                                                                                      inspection within 12 months after the
                                                (1) Model 707–100 long body, –200, –100B                                                                    AS22759/86 (M22759/86), MIL–W–22759/87,
                                                                                                      effective date of this AD.
                                             long body, –100B short body, –300, –300B,                                                                      SAE AS22759/87 (M22759/87), MIL–W–
                                                                                                         (3) AWL No. 28–AWL–19, Fuel Valve
                                             –300C, and –400 series airplanes.                                                                              22759/92 and SAE AS22759/92 (M22759/92);
                                                                                                      Bonding Jumper Installation—Engine Fuel
                                                (2) Model 720 and 720B series airplanes.                                                                    and MIL–C–27500 and NEMA WC 27500
                                                                                                      Shutoff, Defuel, Reserve Tank Transfer, Fuel
                                                                                                                                                            cables constructed from these military or
                                             (d) Subject                                              Dump, and Fuel Manifold Valves, as                    SAE specification wire types identified
                                               Air Transport Association (ATA) of                     specified in Boeing 707/720 Airworthiness             above.
                                             America Code 28, Fuel.                                   Limitations (AWLs), D6–7552–AWL, dated                  (2) Where AWL No. 28–AWL–03 identifies
                                                                                                      October 2016. The initial compliance time for         TFE–2X Standard wall for wire sleeving, the
                                             (e) Unsafe Condition                                     accomplishment of the actions specified by            following sleeving materials are acceptable:
                                                This AD was prompted by fuel system                   AWL No. 28–AWL–19 is specified in                     Roundit 2000NX and Varglas Type HO, HP,
                                             reviews conducted by the manufacturer. We                paragraph (g)(3)(i) or (g)(3)(ii) of this AD, as      or HM.
                                             are issuing this AD to detect and correct                applicable.
                                             potential ignition sources inside fuel tanks                (i) For airplanes that have been previously        (i) No Alternative Actions and Intervals
                                             caused by latent failures, alterations, repairs,         inspected as specified in 28–AWL–19 as of                Except as provided in paragraph (h) of this
                                             or maintenance actions, which, in                        the effective date of this AD: Conduct the            AD, after the maintenance or inspection
                                             combination with flammable fuel vapors,                  inspection within 72 months after the most            program has been revised as required by
                                             could result in fuel tank explosions and                 recent inspection.                                    paragraph (g) of this AD, no alternative
                                             consequent loss of the airplane.                            (ii) For airplanes that have not been              actions (e.g., inspections) or intervals may be
                                                                                                      inspected as specified in 28–AWL–19 as of             used unless the actions or intervals are
                                             (f) Compliance                                           the effective date of this AD: Conduct the            approved as an alternative method of
                                                Comply with this AD within the                        inspection within 12 months after the                 compliance (AMOC) in accordance with the
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                                             compliance times specified, unless already               effective date of this AD.                            procedures specified in paragraph (k) of this
                                             done.                                                       (4) AWL No. 28–AWL–21, Dry Bay Fuel                AD.
                                                                                                      Manifold Assembly—Bonding Jumper
                                             (g) Revision of Maintenance or Inspection                Installation, as specified in Boeing 707/720          (j) Terminating Action for Other ADs
                                             Program                                                  Airworthiness Limitations (AWLs), D6–                    (1) Accomplishment of the actions required
                                                Within 60 days after the effective date of            7552–AWL, dated October 2016. The initial             by paragraph (g) of this AD terminates all
                                             this AD, revise the maintenance or inspection            compliance time for accomplishment of the             requirements of AD 2008–04–11 R1.



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                                                              Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations                                        48711

                                               (2) Accomplishment of the actions required             the availability of this material at NARA, call       SUPPLEMENTARY INFORMATION:
                                             by paragraph (g) of this AD terminates the               202–741–6030, or go to: http://
                                             requirements of paragraph (h) of AD 2013–                www.archives.gov/federal-register/cfr/ibr-            I. Background
                                             24–07.                                                   locations.html.                                          The Federal Food, Drug, and Cosmetic
                                             (k) Alternative Methods of Compliance                      Issued in Des Moines, Washington, on                Act (FD&C Act), as amended, establishes
                                             (AMOCs)                                                  September 10, 2018.                                   a comprehensive system for the
                                               (1) The Manager, Los Angeles ACO Branch,               Michael Kaszycki,                                     regulation of medical devices intended
                                             FAA, has the authority to approve AMOCs                  Acting Director, System Oversight Division,           for human use. Section 513 of the FD&C
                                             for this AD, if requested using the procedures           Aircraft Certification Service.                       Act (21 U.S.C. 360c) established three
                                             found in 14 CFR 39.19. In accordance with                [FR Doc. 2018–20631 Filed 9–26–18; 8:45 am]           categories (classes) of devices, reflecting
                                             14 CFR 39.19, send your request to your                                                                        the regulatory controls needed to
                                                                                                      BILLING CODE 4910–13–P
                                             principal inspector or local Flight Standards                                                                  provide reasonable assurance of their
                                             District Office, as appropriate. If sending
                                                                                                                                                            safety and effectiveness. The three
                                             information directly to the manager of the
                                             certification office, send it to the attention of        DEPARTMENT OF HEALTH AND                              categories of devices are class I (general
                                             the person identified in paragraph (l) of this           HUMAN SERVICES                                        controls), class II (special controls), and
                                             AD. Information may be emailed to: 9-AWP-                                                                      class III (premarket approval).
                                             LAACO-ADS@faa.gov.                                       Food and Drug Administration                             Devices that were not in commercial
                                               (2) Before using any approved AMOC,                                                                          distribution prior to May 28, 1976
                                             notify your appropriate principal inspector,             21 CFR Part 884                                       (generally referred to as
                                             or lacking a principal inspector, the manager                                                                  postamendments devices) are
                                             of the local flight standards district office/           [Docket No. FDA–2017–N–6538]                          automatically classified by section
                                             certificate holding district office.                                                                           513(f)(1) of the FD&C Act into class III
                                               (3) An AMOC that provides an acceptable                Obstetrical and Gynecological
                                             level of safety may be used for any repair,              Devices; Reclassification of Single-Use               without any FDA rulemaking process.
                                             modification, or alteration required by this             Female Condom, To Be Renamed                          Those devices remain in class III and
                                             AD if it is approved by the Boeing                       Single-Use Internal Condom                            require premarket approval unless, and
                                             Commercial Airplanes Organization                                                                              until, the device is reclassified into class
                                             Designation Authorization (ODA) that has                 AGENCY:    Food and Drug Administration,              I or II, or FDA issues an order finding
                                             been authorized by the Manager, Los Angeles              HHS.                                                  the device to be substantially
                                             ACO Branch, to make those findings. To be                ACTION:   Final order.                                equivalent, in accordance with section
                                             approved, the repair method, modification                                                                      513(i) of the FD&C Act, to a predicate
                                             deviation, or alteration deviation must meet                The Food and Drug
                                                                                                      SUMMARY:                                              device that does not require premarket
                                             the certification basis of the airplane, and theAdministration (FDA or the Agency) is
                                             approval must specifically refer to this AD.
                                                                                                                                                            approval. The Agency determines
                                                                                             issuing a final order to reclassify single-                    whether new devices are substantially
                                             (l) Related Information                         use female condoms, renaming the                               equivalent to predicate devices by
                                                For more information about this AD,          device to ‘‘single-use internal condom,’’                      means of premarket notification
                                             contact Samuel Lee, Aerospace Engineer,         a postamendments class III device                              procedures in section 510(k) of the
                                             Propulsion Section, FAA, Los Angeles ACO        (regulated under product code MBU),                            FD&C Act (21 U.S.C. 360(k)) and 21 CFR
                                             Branch, 3960 Paramount Boulevard,               into class II (special controls) subject to                    part 807.
                                             Lakewood, CA 90712–4137; phone: 562–627– premarket notification (510(k)). FDA is                                  A postamendments device that has
                                             5262; fax: 562–627–5210; email: samuel.lee@ also identifying the special controls that                         been initially classified in class III
                                             faa.gov.                                        the Agency believes are necessary to                           under section 513(f)(1) of the FD&C Act
                                             (m) Material Incorporated by Reference          provide a reasonable assurance of safety                       may be reclassified into class I or class
                                                (1) The Director of the Federal Register     and effectiveness of the device. FDA is                        II under section 513(f)(3) of the FD&C
                                             approved the incorporation by reference         finalizing this reclassification on its                        Act. Section 513(f)(3) of the FD&C Act
                                             (IBR) of the service information listed in this own initiative based on new                                    provides that FDA acting by order can
                                             paragraph under 5 U.S.C. 552(a) and 1 CFR       information. FDA is also amending the                          reclassify the device into class I or class
                                             part 51.                                        existing device identification for                             II on its own initiative, or in response
                                                (2) You must use this service information    ‘‘female condom,’’ a preamendments
                                             as applicable to do the actions required by
                                                                                                                                                            to a petition from the manufacturer or
                                                                                             class III device (product code OBY), by                        importer of the device. To change the
                                             this AD, unless the AD specifies otherwise.
                                                                                             renaming the device ‘‘multiple-use                             classification of the device, the
                                                (i) Boeing 707/720 Airworthiness
                                             Limitations (AWLs), D6–7552–AWL, dated          female condom,’’ to distinguish it from                        proposed new class must have sufficient
                                             October 2016. (Subsection A.2 of this           the ‘‘single-use internal condom.’’ This                       regulatory controls to provide
                                             document includes pages 33 and 34, which        order reclassifies single-use internal                         reasonable assurance of the safety and
                                             are not identified in the Table of Contents.)   condoms from class III to class II and                         effectiveness of the device for its
                                                (ii) Reserved.                               reduces regulatory burden because these                        intended use.
                                                (3) For service information identified in    types of devices will no longer be                                Reevaluation of the data previously
                                             this AD, contact Boeing Commercial              required to submit a premarket approval
                                             Airplanes, Attention: Contractual & Data
                                                                                                                                                            before the Agency is an appropriate
                                                                                             application (PMA), but can instead                             basis for subsequent action where the
                                             Services (C&DS), 2600 Westminster Blvd.,
                                             MC 110–SK57, Seal Beach, CA 90740–5600;
                                                                                             submit a less burdensome 510(k) before                         reevaluation is made in light of newly
                                             telephone: 562–797–1717; internet: https://     marketing their device.                                        available regulatory authority (see Bell
                                             www.myboeingfleet.com.                          DATES: This order is effective October                         v. Goddard, 366 F.2d 177, 181 (7th Cir.
                                                (4) You may view this service information    29, 2018.                                                      1966); Ethicon, Inc. v. FDA, 762 F.
                                             at the FAA, Transport Standards Branch,         FOR FURTHER INFORMATION CONTACT:                               Supp. 382, 388–391 (D.D.C. 1991)), or in
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                                             2200 South 216th St., Des Moines, WA. For       Monica Garcia, Center for Devices and                          light of changes in ‘‘medical science’’
                                             information on the availability of this
                                             material at the FAA, call 206–231–3195.
                                                                                             Radiological Health, Food and Drug                             (Upjohn Co. v. Finch, 422 F.2d 944, 951
                                                (5) You may view this service information    Administration, 10903 New Hampshire                            (6th Cir. 1970)). Whether data before the
                                             that is incorporated by reference at the        Ave., Bldg. 66, Rm. G215, Silver Spring,                       Agency are old or new, the ‘‘new
                                             National Archives and Records                   MD 20993, 240–402–2791,                                        information’’ to support reclassification
                                             Administration (NARA). For information on       monica.garcia@fda.hhs.gov.                                     under section 513(f)(3) must be ‘‘valid


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Document Created: 2018-09-27 01:04:12
Document Modified: 2018-09-27 01:04:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective November 1, 2018.
ContactSamuel 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]
FR Citation83 FR 48708 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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