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--- schema: federal-register doc_type: fedreg source_file: FR-2017-10-12.xml --- 82 196 Thursday, October 12, 2017 Contents Agriculture Agriculture Department See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47446 2017-22052 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Breast and Cervical Cancer Early Detection and Control Advisory Committee, 47526-47527 2017-22059 Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47527-47528 2017-21960 Coast Guard Coast Guard RULES Safety Zones: Sector Key West COTP Zone Post Storm Recovery, Atlantic Ocean, FL, 47374-47376 2017-22040 NOTICES Certificates of Alternative Compliance: Hatteras CABO LLC's Fishing Yacht RESILIANT, HIN: HATHP606H718, 47542-47543 2017-21978 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Comptroller Comptroller of the Currency NOTICES Guidance;
Rescissions: Supervisory Concerns and Expectations Regarding Deposit Advance Products, 47602-47603 2017-22012 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 47483-47484 2017-22181 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Group Registration of Unpublished Works, 47415-47421 2017-21722 Education Department Education Department NOTICES Proposed Supplemental Priorities and Definitions for Discretionary Grant Programs, 47484-47493 2017-22127 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Claims Procedure:
Plans Providing Disability Benefits, 47409-47415 2017-22082 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47581-47582 2017-22043 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Charter Renewals: Nuclear Science Advisory Committee, 47495 2017-21918 Meetings: Biological and Environmental Research Advisory Committee, 47493-47494 2017-22104 Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project, 47494 2017-22105 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 47494-47495 2017-22108 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 47495-47496 2017-22106 Environmental Management Site-Specific Advisory Board, Portsmouth, 47496 2017-22107 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Alabama; PSD Replacement Units, 47397-47398 2017-21940 Alabama; Regional Haze Plan and Prong 4 (Visibility) for the Fine Particulate Matter, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards, 47393-47396 2017-21954 Alabama; Transportation Conformity, 47383-47385, 47397 2017-21930 2017-21931 Colorado; Revisions to Regulation Number 3, 47380-47382 2017-21952 Iowa; Amendment to the Administrative Consent Order, Grain Processing Corp., Muscatine, IA;
Withdrawal, 47396-47397 2017-21929 Kentucky; Miscellaneous Source Specific Revisions for Jefferson County, 47376-47378 2017-21943 Kentucky; Regional Haze Progress Report, 47378-47380 2017-21935 South Carolina; Regional Haze State Implementation Plan, 47385-47393 2017-21948 Air Quality State Plans for Designated Facilities and Pollutants; Approvals and Promulgations: Philadelphia; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units, 47398-47400 2017-22129 PROPOSED RULES Air Quality State Plans for Designated Facilities and Pollutants;
Approvals and Promulgations: Philadelphia; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units, 47421 2017-22131 Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical Substances; Notice of Public Meeting; Cancellation and Public Input Opportunity, 47423-47424 2017-22113 Residues of Pesticide Chemicals in or on Various Commodities: Pesticide Petitions, 47422-47423 2017-22115 NOTICES Charter Renewals: Pesticide Program Dialogue Committee, 47509-47510 2017-22100 Pesticide Product Registrations:
New Active Ingredients, 47508-47509 2017-22117 Request for Comments: Peer Review Materials To Inform the Safe Drinking Water Act Decision Making on Perchlorate; Extension to Comment Period, 47507-47508 2017-22112 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Charter Renewals, 47510 2017-22075 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: PIAGGIO AERO INDUSTRIES S.p.A. Airplanes, 47371-47373 2017-21443 The Boeing Company Airplanes, 47363-47370 2017-21444 2017-21445 PROPOSED RULES Airworthiness Directives:
Pratt & Whitney Division Turbofan Engines, 47405-47406 2017-21558 NOTICES Airport Property Releases: Sarasota-Bradenton International Airport, Sarasota, FL, 47593-47594 2017-22121 Federal Communications Federal Communications Commission RULES Improving Public Safety Communications in the 800 MHz Band, 47400-47401 2017-22062 Federal Emergency Federal Emergency Management Agency NOTICES Adjustments: Countywide Per Capita Impact Indicator, 47563 2017-22031 Disaster Grant Amounts, 47545-47546 2017-22035 Minimum Project Worksheet Amount, 47568 2017-22034 Statewide Per Capita Impact Indicator, 47554 2017-22036 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Fire Management Assistance Grant Program, 47562-47563 2017-22017 Flood Hazard Determinations, 47548-47549, 47555-47557, 47560-47565 2017-22022 2017-22023 2017-22024 2017-22025 2017-22026 2017-22027 Flood Hazard Determinations; Changes, 47543-47551, 47565-47568 2017-22018 2017-22019 2017-22020 2017-22021 Flood Hazard Determinations; Proposals, 47551-47555, 47557-47559 2017-22028 2017-22029 2017-22030 Major Disaster Declarations: Puerto Rico;
Amendment No. 2, 47569 2017-22033 Maximum Amount of Assistance under the Individuals and Households Program, 47568 2017-22032 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Jason and Carol Victoria Presley, 47501 2017-22006 Jordan Cove Energy Project, LP; Pacific Connector Gas Pipeline, LP, 47502 2017-22004 PacifiCorp, Klamath River Renewal Corporation, 47496-47498 2017-22005 Town of West Stockbridge, 47498 2017-22010 Combined Filings, 47499-47500, 47504-47505 2017-22003 2017-22007 Environmental Assessments;
Availability, etc.: Columbia Gas Transmission, LLC; Eastern Panhandle Expansion Project, 47503 2017-22000 DTE Midstream Appalachia, LLC, 47500-47501 2017-22001 Texas Eastern Transmission, L.P.; Brazoria Interconnector Gas Pipeline, LLC; Stratton Ridge Expansion Project, 47498-47499 2017-21999 Texas Eastern Transmission, LP; Proposed Marshall County Mine Panel 18w Project, 47504 2017-22002 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Thunder Ranch Wind Project, LLC, 47502-47503 2017-22009 Institution of Section 206 Proceedings: Tilton Energy LLC, 47501 2017-22008 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47594-47595 2017-22054 2017-22055 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47510-47526 2017-22014 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 47526 2017-22061 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47595-47599 2017-22044 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 47526 2017-21950 Fish Fish and Wildlife Service NOTICES Permit Applications: Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; La Purisima Golf Course Solar Array Project, Santa Barbara County, CA, 47571-47572 2017-22092 Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander;
Rice Ranch Development Project, Santa Barbara County, CA, 47572-47573 2017-22091 Foreign Endangered and Threatened Species, 47570-47571 2017-21977 Food and Drug Food and Drug Administration RULES Medical Devices: Neurological Devices; Classification of Cranial Motion Measurement Device; Correction, 47373 2017-21982 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Temporary Marketing Permit Applications, 47533-47534 2017-22053 Guidance: Format and Content of a Risk Evaluation and Mitigation Strategy Document, 47529-47531 2017-22050 Prohibition of Distributing Free Samples of Tobacco Products, 47534-47535 2017-22045 Requests for Reconsideration at the Division Level Under the Generic Drug User Fee Act, 47531-47533 2017-22049 Respiratory Syncytial Virus Infection:
Developing Antiviral Drugs for Prophylaxis and Treatment, 47535-47536 2017-22051 Meetings: Prescription Drug User Fee Act of 2017; Electronic Submissions and Data Standards, 47528-47529 2017-21981 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 47603-47604 2017-22095 2017-22096 2017-22097 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47536-47537 2017-21983 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Meetings: President's National Infrastructure Advisory Council, 47569-47570 2017-22076 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service PROPOSED RULES Streamlining the Section 754 Election Statement, 47408-47409 2017-22080 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47604-47608 2017-22089 2017-22078 2017-22079 2017-22083 2017-22085 2017-22087 Meetings: Information Reporting Program Advisory Committee, 47605 2017-22084 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon Steel Pipes and Tubes from Turkey, 47479-47481 2017-22069 Freshwater Crawfish Tail Meat from the People's Republic of China, 47469-47471 2017-22071 Glycine from the People's Republic of China, 47474-47475 2017-22068 Light-Walled Rectangular Pipe and Tube, 47477-47479 2017-22072 Determinations of Sales at Less Than Fair Value:
Certain Aluminum Foil from the People's Republic of China, 47481-47482 2017-22070 Silicon Metal from Australia, 47471-47473 2017-22067 Silicon Metal from Brazil, 47466-47469 2017-22066 Silicon Metal from Norway, 47475-47477 2017-22065 Export Trade Certificates of Review: California Pistachio Export Council, 47473-47474 2017-21984 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Forged Steel Fittings from China, Italy, and Taiwan, 47578-47579 2017-22039 Justice Department Justice Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 47579-47580 2017-21967 Agency Information Collection Activities; Proposals, Submissions, and Approvals: ARCOS Transaction Reporting, 47580-47581 2017-21966 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Meetings: Coeur d'Alene District Resource Advisory Council, Idaho, 47573 2017-22047 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Meetings:
Applied Sciences Advisory Committee, 47582-47583 2017-21969 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Arconic Wheel and Transportation Products, 47599-47601 2017-22110 Mack Trucks, Inc., 47601-47602 2017-22111 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 47540-47542 2017-21971 2017-21972 2017-21973 National Institute of General Medical Sciences, 47538-47539 2017-21990 2017-21991 National Institute of Mental Health, 47539-47540, 47542 2017-21992 2017-21993 National Institute on Alcohol Abuse and Alcoholism, 47537 2017-21989 National Institute on Deafness and Other Communication Disorders, 47538-47539 2017-21974 Prospective Grant of Exclusive Patent Licenses:
DNA-based Vaccine for Prevention of Zika Virus Infection, 47537-47538 2017-21986 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Gulf of Alaska Pollock Seasonal Apportionments; Inseason Adjustment, 47403-47404 2017-21970 Other Rockfish in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 47403 2017-22090 Sculpins in the Bering Sea and Aleutian Islands Management Area, 47402-47403 2017-22081 PROPOSED RULES List of Fisheries for 2018, 47424-47445 2017-21837 NOTICES Meetings:
New England Fishery Management Council, 47482 2017-22060 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 47583 2017-22261 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Multistakeholder Process on Internet of Things Security Upgradability and Patching, 47482-47483 2017-21976 National Transportation National Transportation Safety Board RULES Civil Monetary Penalty Catch Up Inflation Adjustment and Annual Inflation Adjustment, 47401-47402 2017-21902 NOTICES Senior Executive Service Performance Review Board Membership, 47583 2017-21985 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Leasing of Minerals Other than Oil, Gas, Sulphur in the Outer Continental Shelf, 47576-47578 2017-22015 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Outer Continental Shelf Net Profit Share Payment Reporting, 47573-47576 2017-22011 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 47583-47584 2017-21961 2017-22048 Postal Service Postal Service NOTICES Product Changes:
Priority Mail Negotiated Service Agreement, 47584 2017-22037 Rural Utilities Rural Utilities Service NOTICES Grant Application Deadlines and Funding Levels: Assistance to High Energy Cost Rural Communities Grant Program, 47446-47466 2017-22042 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 47591-47593 2017-21995 Chicago Board Options Exchange, Inc., 47590-47591 2017-21997 Financial Industry Regulatory Authority, Inc., 47586-47588 2017-21994 NASDAQ PHLX LLC, 47585-47586 2017-21996 NYSE American LLC, 47588-47590 2017-21998 Small Business Small Business Administration NOTICES Senior Executive Service and Senior Level Performance Review Board Membership, 47593 2017-21926 Susquehanna Susquehanna River Basin Commission PROPOSED RULES General Policies, 47407-47408 2017-21975 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service See United States Mint U.S.
Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 47608 2017-22013 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Medical, Legal, and Other Expenses Incident to Recovery for Injury or Death, 47608-47609 2017-22056 Western Western Area Power Administration NOTICES Proposed Olmsted Project Rate, 47506-47507 2017-21936 Recommendation for the Loveland Area Projects and Colorado River Storage Project to Pursue Final Negotiations Regarding Membership in a Regional Transmission Organization, 47505-47506 2017-21938 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 196 Thursday, October 12, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0244; Product Identifier 2016-NM-044-AD; Amendment 39-19071; AD 2017-20-14] 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 737-300, -400, and -500 series airplanes. This AD was prompted by a determination that supplemental inspections are required for timely detection of fatigue cracking for certain structural significant items (SSIs). This AD requires revising the maintenance or inspection program, as applicable, to add supplemental inspections. This AD also requires inspections to detect cracks in each SSI, and repair of any cracked structure. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 16, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 16, 2017. 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, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2017-0244. 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-2017-0244; or in person at the Docket Management Facility 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 the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: *jennifer.tsakoumakis@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 737-300, -400, and -500 series airplanes. The NPRM published in the **Federal Register** on March 27, 2017 (82 FR 15169). The NPRM was prompted by a determination that supplemental inspections are required for timely detection of fatigue cracking for certain SSIs. The NPRM proposed to require revising the maintenance or inspection program, as applicable, to add supplemental inspections and SSI discrepancy reporting. The NPRM also proposed to require inspections to detect cracks in each SSI, and repair of any cracked structure. We are issuing this AD to ensure the continued structural integrity of all The Boeing Company Model 737-300, -400, and -500 series airplanes. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Revise Program Designation Boeing requested that we revise “maintenance or inspection program” to “maintenance inspection program” in the proposed AD. Boeing stated that operators have a single program that relates to the Supplemental Structural Inspection Document (SSID). We do not agree with the commenter's request. Airplanes operating under 14 CFR part 91 have “inspection programs” while airplanes operating under 14 CFR part 121 have “maintenance programs.” The decision to use the wording “maintenance or inspection program” is intentional. We have not changed this AD in this regard. Request To Revise Service Information Reference Boeing requested that we revise the proposed AD to refer to the specified service information as “Revision 1, October 2015,” instead of “Revision, October 2015.” We do not agree with Boeing's request. The document title page, List of Effective Pages table, Revision Highlights table, document footer, and SSID Revision table listed under “1.0 Purpose” all identify the revision as “October 2015,” and not as “Revision 1, October 2015.” We have not changed this AD in this regard. Request To Revise Compliance Times Boeing and Southwest Airlines
(SWA)requested that we revise the compliance time for the initial inspections in paragraph
(h)of the proposed AD. Boeing requested that the compliance time for initial inspections be changed from “before the accumulation of 66,000 total flight cycles, or within 12 months after the effective date of this AD, whichever occurs later” to before the accumulation of 66,000 total flight cycles, or at the next scheduled inspection as required by AD 2008-09-13, Amendment 39-15494 (73 FR 24164, May 2, 2008) (“AD 2008-09-13”), whichever occurs later. Boeing stated that, if operators have started SSID inspections, they should continue as scheduled in accordance with AD 2008-09-13; however, if they have not started inspections, they should already be prepared to begin at the 66,000 total flight cycle compliance time and that no new grace period is needed from the effective date of this AD. SWA stated that operators who have completed SSID inspections as required by AD 2008-09-13 would be required to repeat inspections within 12 months and it does not believe this is the intent of the proposed AD. SWA suggested that only inspections with revised requirements in the proposed AD should require future action and that all other inspections completed in accordance with the previous SSID revision, including alternative inspections with an alternative method of compliance
(AMOC)approval, should be accepted as compliance to the proposed AD. Isaac Trolinder requested that we revise the compliance time measurement in paragraph
(g)of the proposed AD from total flight cycles to total flight miles. We do not agree with Isaac Trolinder's request. Compliance times for the actions in this AD are defined in terms of total airplane flight cycles and are not dependent on flight miles. We partially agree with Boeing and SWA's requests. We disagree with Boeing's request to remove the 12-month grace period. Operators who are very close to accomplishing an initial or repeat inspection required by AD 2008-09-13 need time to incorporate the revised service information in their maintenance or inspection program. Because this AD is not superseding the existing SSID AD, any initial or repeat inspection required by AD 2008-09-13 will still be required until the corresponding action in this AD is accomplished. We agree with SWA that previously approved AMOCs for inspections of SSIs that are not affected by the revised service information should remain applicable. This is addressed in paragraph (1)(4) of this AD. We agree with Boeing and SWA that we need to address the situation where an operator has already initiated inspections on SSIs. We have revised the introductory text of paragraph
(h)of this AD and added paragraphs (h)(1) and (h)(2) to this AD to include compliance time options to address compliance times for SSIs affected, and not affected, by the revised service information. This new wording provides identical requirements to paragraph
(h)in the proposed AD, but offers a relieving option to operators who have initiated SSID inspections for certain SSIs. Request To Address Repaired or Altered SSIs Boeing requested that we revise the proposed AD to include a paragraph that addresses any repair installed on an SSI such that the repair affects the operator's ability to accomplish inspections required by the proposed AD. Boeing suggested that we include wording similar to the wording in paragraph
(i)from AD 2008-09-13, except that we make the actions applicable to a repair installed on an SSI at any time and not exclusive to repairs installed before the effective date of the AD. We agree with the commenter's request to revise this AD to include wording to address repairs or alterations on any SSI such that the repair or alteration affects the operator's ability to accomplish the inspections required by this AD. We have included paragraphs (i)(1) and (i)(2) in this AD. Paragraph (i)(1) of this AD requires repairs to SSI structure if cracks are found while accomplishing inspections in accordance with this AD and is similar to paragraph
(i)of the proposed AD, except for the change described below under “Change to Paragraph
(i)of the Proposed AD.” Paragraph (i)(2) is added to this AD to address repairs or alterations that affect the ability to inspect an SSI as required by this AD. If an operator finds a repaired or altered SSI such that the repair or alteration affects the operator's ability to accomplish the inspections required by this AD and the repair or alteration does not have AMOC approval in accordance with paragraph
(l)of this AD, then paragraph (i)(2) of this AD will provide the operator an 18-month grace period after the compliance time to request an AMOC. Change to Paragraph
(i)of the Proposed AD Paragraph
(i)of the proposed AD specifies to repair “using a method approved in accordance with the procedures specified in paragraph
(l)of this AD.” We have changed the method of compliance language in paragraph (i)(1) of this AD to specify to repair “using an FAA-approved method.” Specifying an FAA-approved method will allow for FAA Designated Engineering Representatives
(DERs)to approve repairs in addition to the Boeing Commercial Airplanes Organization Designation Authorization
(ODA)and the Los Angeles ACO Branch as specified by the procedures in paragraph
(l)of this AD. If an FAA DER has the appropriate structures delegation for major repairs on 14 CFR part 25 airplanes, then the DER has the authority to approve these types of repairs. Acknowledgement of Revision to Global AMOC Needed Aviation Partners Boeing
(APB)acknowledged that installation of supplemental type certificate
(STC)ST01219SE requires the modification of wing structure on Boeing Model 737-300 and -500 airplanes, making it impossible to inspect the modified structure using the service information. APB noted that it has a global AMOC to paragraphs
(g)and
(h)of AD 2008-09-13 for alternative inspections of the STC modified structure. APB stated that it will revise its inspection program for STC ST01219SE to adjust for the changes in Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015, that affect the modified structure. APB stated that it will request a new global AMOC when the final rule is published. We acknowledge APB's comment. No change is needed to this AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015. The service information identifies SSIs having fatigue crack growth characteristics warranting special attention, describes procedures for inspections to detect cracks of all structure identified as SSIs, and provides corrective actions for cracked SSI structure. 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 will affect 500 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Revision of maintenance or inspection program 1 work-hour × $85 per hour = $85 $0 $85 $42,500 We have not specified cost estimates for the inspections and repair specified in this AD. Compliance with this AD constitutes a method of compliance with the FAA aging airplane safety final rule (AASFR) for certain baseline structure of Model 737-300, -400, and -500 series airplanes. The AASFR requires certain operators to incorporate damage tolerance inspections into their maintenance programs. These requirements are described in 14 CFR 121.1109(c)(1) and 14 CFR 129.109(b)(1). Accomplishment of the actions specified in this AD will meet the requirements of these regulations for certain baseline structure. The costs for accomplishing the inspection portion of this AD were accounted for in the regulatory evaluation of the AASFR for airplanes affected by that rule. For airplanes not affected by the AASFR, we have received no definitive data that would enable us to provide cost estimates for the inspection portion of this AD. We estimate the following costs to do any necessary reporting that would be required based on the results of the inspections specified in the revision of the maintenance or inspection program. We have no way of determining the number of aircraft that might need this action: On-Condition Costs Action Labor cost Parts cost Cost per product Reporting 1 work-hour × $85 per hour = $85 $0 $85 Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200. 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 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2017-20-14 The Boeing Company:** Amendment 39-19071; Docket No. FAA-2017-0244; Product Identifier 2016-NM-044-AD.
(a)Effective Date This AD is effective November 16, 2017.
(b)Affected ADs This AD affects AD 2008-09-13, Amendment 39-15494 (73 FR 24164, May 2, 2008) (“AD 2008-09-13”).
(c)Applicability This AD applies to all The Boeing Company Model 737-300, -400, and -500 series airplanes, certificated in any category.
(d)Subject Air Transport Association
(ATA)of America Code 52, Doors; 53, Fuselage; 54, Nacelles/Pylons; 55, Stabilizers; 57, Wings.
(e)Unsafe Condition This AD was prompted by a structural reevaluation conducted by the manufacturer. We have determined that supplemental inspections are required for timely detection of fatigue cracking for certain structural significant items (SSIs). We are issuing this AD to ensure the continued structural integrity of all The Boeing Company Model 737-300, -400, and -500 series airplanes.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Revision of the Maintenance or Inspection Program for All Airplanes Before the accumulation of 66,000 total flight cycles, or within 12 months after the effective date of this AD, whichever occurs later: Incorporate a revision into the maintenance or inspection program, as applicable, that provides no less than the required damage tolerance rating
(DTR)for each SSI listed in Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015. The required DTR value for each SSI is listed in Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015. The revision to the maintenance or inspection program must include, and must be implemented in accordance with, the procedures in Section 5.0, “Damage Tolerance Rating
(DTR)System Application;” and Section 6.0, “SSI Discrepancy Reporting;” of Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015. Accomplishment of the revision required by this paragraph terminates the requirements of paragraph
(g)of AD 2008-09-13.
(h)Initial and Repetitive Inspections At the applicable time specified in paragraphs (h)(1) and (h)(2) of this AD, perform an inspection in accordance with Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015, to detect cracks of the applicable structure identified in paragraphs (h)(1) and (h)(2) of this AD. Repeat the inspections thereafter at the intervals specified in Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015. Accomplishing an initial inspection required by this paragraph terminates the corresponding inspection required by paragraph
(h)of AD 2008-09-13.
(1)For all structure identified in Boeing Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015, except for empennage SSIs E-19, E-21, E-29, E-30, and E-31: Before the accumulation of 66,000 total flight cycles, at the next repetitive inspection required by paragraph
(h)of AD 2008-09-13, or within 12 months after the effective date of this AD, whichever occurs latest.
(2)For empennage SSIs E-19, E-21, E-29, E-30, and E-31: Before the accumulation of 66,000 total flight cycles, or within 12 months after the effective date of this AD, whichever occurs later.
(i)Repairs and Alterations
(1)If any cracked SSI structure is found during any inspection required by paragraph
(h)of this AD, repair before further flight using an FAA-approved method or using a method approved in accordance with the procedures specified in paragraph
(l)of this AD. Within 18 months after repair, incorporate a revision into the maintenance or inspection program, as applicable, to include a damage-tolerance-based alternative inspection program for the repaired structure. Thereafter, inspect the affected structure in accordance with the alternative program. The inspection method and compliance times ( *i.e.,* threshold and repetitive intervals) of the alternative program must be approved in accordance with the procedures specified in paragraph
(l)of this AD.
(2)If any repair or alteration to an SSI is found during any inspection required by paragraph
(h)of this AD such that the repair or alteration affects your ability to accomplish the inspections required by paragraph
(h)of this AD, within 18 months after the inspection compliance time, incorporate a revision into the maintenance or inspection program, as applicable, to include a damage tolerance based alternative inspection program for each affected SSI. Thereafter, inspect the affected structure in accordance with the alternative inspection program. The inspection method and compliance times ( *i.e.,* threshold and repetitive intervals) of the alternative inspection program must be approved in accordance with the procedures specified in paragraph
(l)of this AD. Accomplishing an initial inspection required by this paragraph terminates the corresponding inspection required by paragraph
(i)of AD 2008-09-13.
(j)Terminating Action for AD 2008-09-13 Accomplishing the revision required by paragraph
(g)of this AD and all initial inspections required by paragraph
(h)of this AD terminates all requirements of AD 2008-09-13.
(k)Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.
(l)Alternative Methods of Compliance (AMOCs)
(1)The Manager, Los Angeles Aircraft 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
(m)of this AD. Information may be emailed to: *9-ANM-LAACO-AMOC-Requests@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.
(4)AMOCs approved for AD 2008-09-13 are approved as AMOCs for the corresponding provisions of paragraphs
(g)and
(h)of this AD for the SSIs identified in the AMOC, except for AMOCs written for empennage SSIs E-19, E-21, E-29, E-30, and E-31.
(m)Related Information For more information about this AD, contact Jennifer Tsakoumakis, Aerospace Engineer, Airframe Section FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: *jennifer.tsakoumakis@faa.gov.*
(n)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 Document D6-82669, “Supplemental Structural Inspection Document, Models 737-300/400/500 Airplanes,” Revision October 2015.
(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, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.
(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 Renton, Washington, on September 27, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-21444 Filed 10-11-17; 8:45 am]
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Traces to 7 documents
CFR
5 references not yet in our index
- 14 CFR 39
- 14 CFR 91
- 14 CFR 121
- 14 CFR 25
- 1 CFR 51
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