Unknown. Final rule; request for comments
4,896 words·~22 min read·
/register/2018/05/23/2018-10920·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2018-05-23.xml --- 83 100 Wednesday, May 23, 2018 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES National Bio engineered Food Disclosures Standard, 23827 2018-11025 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service Army Army Department NOTICES Meetings: Army Science Board, 23904-23905 2018-11018 Requests for Information:
Technologies to Support Operations in the Information Environment, 23903-23904 2018-11019 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23916-23917 2018-11056 Coast Guard Coast Guard RULES Safety Zones: North Atlantic Ocean, Ocean City, MD, 23810-23812 2018-11072 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 23842-23847 2018-10995 Consumer Product Consumer Product Safety Commission NOTICES Meetings;
Sunshine Act, 23903 2018-11092 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23906-23907 2018-10905 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Matters, 23906 2018-10908 Construction and Architect-Engineer Contracts, 23905-23906 2018-10911 Defense Federal Acquisition Regulation Supplement; Earned Value Management System, 23905 2018-10906 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department NOTICES Charter Renewals:
Threat Reduction Advisory Committee, 23908 2018-10952 Manual for Courts-Martial, 23907-23908 2018-09949 Employment and Training Employment and Training Administration NOTICES Program Year 2018 Workforce Innovation and Opportunity Act Section 167, National Farmworker Jobs Program Proposed Modifications to Allotment Formula, 23937-23940 2018-10955 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Authority to Export Liquefied Natural Gas; Applications:
Freeport LNG Expansion, L.P. and FLNG Liquefaction 4, LLC, 23909-23911 2018-11013 Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 23909 2018-11048 Environmental Management Site-Specific Advisory Board, Oak Ridge, 23909 2018-11014 Engineers Engineers Corps PROPOSED RULES Restricted Areas and Danger Zones: James River, Skiffes Creek and Warwick River surrounding Joint Base Langley-Eustis (JBLE-Eustis), VA, 23864-23866 2018-11016 Restricted Areas: Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, VA, 23867-23869 2018-11017 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:
Clopyralid, 23819-23825 2018-10693 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 23791-23794 2018-10922 Airbus Helicopters, 23778-23780 2018-10921 CFM International S.A. Turbofan Engines, 23794-23796 2018-11027 Diamond Aircraft Industries GmbH Airplanes, 23780-23788 2018-10580 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company, 23788-23791 2018-11133 The Boeing Company Airplanes, 23775-23778 2018-10920 Class D and E Airspace;
Amendments: Erie, PA, 23798-23799 2018-10939 Modification of VOR Federal Airway: V-312; Northeast United States, 23796-23798 2018-10947 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 23799-23804 2018-10817 2018-10818 PROPOSED RULES Airworthiness Directives: AgustaWestland S.p.A. Helicopters, 23827-23829 2018-10918 Robinson Helicopter Company Helicopters, 23829-23831 2018-10919 Revocation of Class E Airspace:
St Marys, GA, 23831-23832 2018-10946 NOTICES Airport Property Releases: Greenwood County Airport, Greenwood, SC, 23992 2018-10953 Myrtle Beach International Airport, Myrtle Beach, SC, 23992-23993 2018-10954 Federal Energy Federal Energy Regulatory Commission RULES Withdrawal of Pleadings, 23807-23808 2018-11045 PROPOSED RULES Elimination of Form 80 and Revision of Regulations on Recreational Opportunities and Development at Licensed Hydropower Projects, 23848-23854 2018-11002 Geomagnetic Disturbance Reliability Standard, 23854-23864 2018-11001 NOTICES Combined Filings, 23913-23914 2018-10996 2018-10997 Complaints:
Monterey MA, LLC v. PJM Interconnection, LLC, 23912-23913 2018-10998 Designations of Commission Staff as Non-Decisional: West Texas LPG Pipeline Limited Partnership; Wood River Pipe Lines LLC, 23911 2018-11046 Engineering Guidelines for the Evaluation of Hydropower Projects: Chapter 12—Water Conveyance, 23911-23912 2018-11047 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Realgy, LLC, 23915 2018-10999 Late Intervention; Denials: Renewable Energy Aggregators Inc., 23911 2018-11041 License Applications:
Sandy Hollow Power Co., Inc., 23914-23915 2018-11000 Petitions for Partial Waivers: Minnkota Power Cooperative, Inc.; Northern Municipal Power Agency, 23914 2018-11042 Requests to Vacate Orders: Athens Energy, LLC, 23915 2018-11043 Supplemental Filings: Kipp, Mary E., 23912 2018-11044 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23993-23994 2018-11020 2018-11021 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 23916 2018-10958 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 23915-23916 2018-10957 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 23916 2018-11206 Fish Fish and Wildlife Service RULES Subsistence Management Regulations for Public Lands in Alaska: Applicability and Scope; Tongass National Forest Submerged Lands, 23813-23819 2018-10938 PROPOSED RULES Migratory Bird Hunting:
Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2018-19 Season, 23869-23883 2018-10949 NOTICES Endangered Species Recovery Permit; Applications, 23928-23931 2018-10956 Food and Drug Food and Drug Administration NOTICES Guidance: Enforcement Policy—Over-the-Counter Sunscreen Drug Products Marketed Without an Approved Application, 23917-23918 2018-10994 Maximal Usage Trials for Topical Active Ingredients Being Considered for Inclusion in an Over-the-Counter Monograph, 23918-23920 2018-10993 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: School Breakfast Program, 23884-23885 2018-11073 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 23997-23998 2018-10951 Forest Forest Service RULES Subsistence Management Regulations for Public Lands in Alaska: Applicability and Scope; Tongass National Forest Submerged Lands, 23813-23819 2018-10938 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration Health Resources Health Resources and Services Administration NOTICES Challenge Competitions:
Improving Remote Monitoring of Pregnancy; etc.; Corrections, 23920-23921 2018-11032 Requests for Nominations: National Advisory Council on the National Health Service Corps, 23921-23922 2018-11034 Single-Source Funding Awards: Enhancement and Update of the National HIV Curriculum e-Learning Platform, 23920 2018-11033 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Affirmatively Furthering Fair Housing: Responsibility to Conduct Analysis of Impediments, 23927-23928 2018-11145 Withdrawal of Notice Extending the Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants, 23928 2018-11143 Withdrawal of the Assessment Tool for Local Governments, 23922-23927 2018-11146 Industry Industry and Security Bureau NOTICES Reporting for Calendar Year 2017 on Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms, 23885 2018-11074 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 23998-23999 2018-10981 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 23886-23888 2018-11031 Certain Cold-Rolled Steel Flat Products from the People's Republic of China, 23891-23894 2018-11029 Certain Corrosion-Resistant Steel Products from the People's Republic of China, 23895-23898 2018-11028 Polyethylene Retail Carrier Bags from Malaysia, 23894-23895 2018-11030 Raw Flexible Magnets from the People's Republic of China, 23890-23891 2018-10564 Sodium Gluconate, Gluconic Acid and Derivative Products from the People's Republic of China, 23888-23890 2018-10566 International Trade Com International Trade Commission NOTICES Complaints:
Certain Human Milk Oligosaccharides and Methods of Producing the Same, 23935-23936 2018-11006 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Submarine Telecommunication Systems and Components Thereof, 23936-23937 2018-11008 Justice Department Justice Department NOTICES Proposed Consent Decrees under CERCLA, 23937 2018-10983 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Proposed Reinstatement of Terminated Oil and Gas Lease:
COC77678, Colorado, 23934 2018-10968 UTU89234, Utah, 23932-23933 2018-10967 WYW180625, Wyoming, 23932 2018-10962 WYW180627, Wyoming, 23934 2018-10963 Proposed Reinstatement of Terminated Oil and Gas Leases: WYW177140, Wyoming, 23932 2018-10966 WYW184370, Wyoming, 23931 2018-10965 Realty Actions: Direct Sale of Public Land in Gilpin County, CO, 23933-23934 2018-10960 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Application and Reporting Elements for Participation in the Maritime Security Program, 23995 2018-11070 Application for Construction Reserve Fund and Annual Statements, 23994-23995 2018-11069 Quarterly Readiness of Strategic Seaport Facilities Reporting, 23995-23996 2018-11071 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Diesel-Powered Equipment in Underground Coal Mines, 23944-23945 2018-11039 Notification of Methane Detected in Underground Metal and Nonmetal Mine Atmospheres, 23943-23944 2018-11038 Roof Control Plan for Underground Coal Mines, 23941 2018-11040 Petitions for Modifications of Application of Existing Mandatory Safety Standards, 23941-23943 2018-11037 National Archives National Archives and Records Administration NOTICES Records Schedules, 23945-23946 2018-10984 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Shrimp Fishery off Southern Atlantic States; Reopening of Penaeid Shrimp Fishery off Georgia, 23825-23826 2018-11009 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Portland Harbor Damage Assessment Plan, 23898-23899 2018-11075 Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 23902-23903 2018-11022 North Pacific Fishery Management Council, 23902 2018-11024 Permanent Advisory Committee to Advise the U.S.
Commissioners to the Western and Central Pacific Fisheries Commission, 23903 2018-11035 South Atlantic Fishery Management Council, 23899-23902 2018-11023 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23946-23947 2018-11036 Navy Navy Department RULES Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 23809-23810 2018-11064 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:
Revisions to the Emergency Response Guidebook, 23996-23997 2018-11055 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 23947-23948 2018-11012 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 23948 2018-10985 Securities Securities and Exchange Commission PROPOSED RULES Form CRS Relationship Summary and Form ADV: Required Disclosures in Retail Communications and Restrictions on the use of Certain Names or Titles, 23848 C1--2018--08583 NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: Cboe BZX Exchange, Inc., 23978 2018-10972 Financial Industry Regulatory Authority, Inc., 23959-23963 2018-10977 Investors Exchange LLC, 23954-23956 2018-10976 Nasdaq GEMX, LLC, 23952-23954, 23964-23966 2018-10971 2018-10979 Nasdaq ISE, LLC, 23950-23952, 23966-23968 2018-10970 2018-10978 Nasdaq MRX, LLC, 23956-23959, 23981-23983 2018-10975 2018-10980 NYSE American LLC, 23948-23950 2018-10974 NYSE Arca, Inc., 23983-23985 2018-10969 NYSE National, Inc., 23968-23978 2018-10986 The Nasdaq Stock Market LLC, 23978-23981 2018-10973 Selective Selective Service System NOTICES Forms Submitted to the Office of Management and Budget for Extension of Clearance, 23985-23986 2018-11066 Social Social Security Administration NOTICES Privacy Act;
Matching Programs, 23986-23987 2018-10988 State Department State Department NOTICES Charter Renewals: Advisory Committee on International Law Charter, 23987-23988 2018-10948 Culturally Significant Objects Imported for Exhibition: Faberge Rediscovered, 23989 2018-11003 Georg Baselitz—Six Decades, 23988 2018-11004 Thomas Bayrle—Playtime, 23988 2018-11005 Designations as Foreign Terrorist Organizations: ISIS in the Greater Sahara, 23987 2018-11007 Designations as Global Terrorists:
Adnan Abu Walid al-Sahrawi, aka Abu Walid al Sahrawi, aka Adnan Abu Walid al-Sahraoui, aka Adnan Abu Waleed al-Sahrawi, aka Lehbib Ould Ali Ould Said Ould Joumani, 23988-23989 2018-11011 ISIS in the Greater Sahara, 23987 2018-11010 Determinations under the Arms Control Act, 23988 2018-11065 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs., 23934-23935 2018-10987 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions:
HGS-ATN, LLC; CSX Transportation, Inc., 23989-23990 2018-11052 HGS-FCR, LLC; CSX Transportation, Inc., 23991-23992 2018-11053 Continuance in Control Exemptions: HGS Railway Holdings, Inc.; HGS-FCR, LLC and HGS-ATN, LLC, 23990-23991 2018-11054 Lease and Operation Exemptions: Alabama and Tennessee River Railway, LLC; HGS-ATN, LLC, 23989 2018-11050 Fulton County Railway, LLC; HGS-FCR, LLC, 23991 2018-11051 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration RULES Nondiscrimination on the Basis of Disability in Air Travel, 23804-23807 2018-10814 PROPOSED RULES Traveling by Air with Service Animals, 23832-23842 2018-10815 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See United States Mint U.S.
Mint United States Mint NOTICES Requests for Nominations: Citizens Coinage Advisory Committee, 23999 2018-11026 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Veterans and Community Oversight and Engagement Board, 23999-24000 2018-10991 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. 83 100 Wednesday, May 23, 2018 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.
FAA-2018-0446; Product Identifier 2018-NM-069-AD; Amendment 39-19288; AD 2018-10-12] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires repetitive high frequency eddy current
(HFEC)and detailed inspections, as applicable, for cracking of certain aft vertical stiffeners; repetitive detailed inspections for cracking of time-limited repairs, as applicable; a one-time HFEC inspection for cracking of the keel beam upper chord inboard flanges; a one-time general visual inspection for cracking of a certain angle; and applicable on-condition actions. This AD was prompted by a report of cracks in the left-side and right-side keel beam upper chords and aft vertical stiffeners. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 7, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 7, 2018. We must receive comments on this AD by July 9, 2018. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this final rule, contact 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 referenced 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-2018-0446. 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-2018-0446; 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 street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Galib Abumeri, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5324; fax: 562-627-5210; email: *Galib.Abumeri@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion We have received a report indicating that cracks were discovered in the left-side and right-side keel beam upper chords and both aft vertical stiffeners on an airplane that had accumulated 1,304 flight cycles since the aft vertical stiffeners had been inspected in accordance with Boeing Service Bulletin 737-57A1269. The Boeing Company has done an analysis of the affected structure and found that the actual stresses on aft vertical stiffeners at left buttock line
(LBL)and right buttock line
(RBL)6.15 are more than those used to design the structure. The increased stresses cause fatigue cracks in the stiffeners. If the aft vertical stiffeners have cracks or are severed, the fatigue damage may extend into the adjacent keel beam structure. The Boeing Company has determined that the existing inspections in Boeing Service Bulletin 737-57A1269, required by AD 2005-20-01, Amendment 39-14294 (70 FR 56358, September 27, 2005) (“AD 2005-20-01”), do not provide sufficient inspection intervals for timely crack detection in the aft vertical stiffeners. Cracking of the aft vertical stiffeners, if not addressed, could result in the inability of the keel beam structure to sustain required flight loads, which could adversely affect the structural integrity of the airplane. We have determined that both AD 2005-20-01 and this AD must be done in order to address the identified unsafe condition. Boeing plans to issue a revision to Service Bulletin 737-57A1269 in the near future and at that time we may consider superseding AD 2005-20-01. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018. The service information describes procedures for repetitive surface HFEC and detailed inspections for cracking of the aft vertical stiffeners; repetitive detailed inspections for cracking of time-limited repairs; a one-time surface HFEC inspection for cracking of the keel beam upper chord inboard flanges and a general visual inspection for cracking of the associated angle; and applicable on-condition actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA's Determination We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires accomplishing the actions identified as “RC” (required for compliance) in the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, described previously, except for any differences identified as exceptions in the regulatory text of this AD. For information on the procedures and compliance times, see this service information at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2018-0446. Explanation of Requirements Bulletin The FAA worked in conjunction with industry, under the Airworthiness Directives Implementation Aviation Rulemaking Committee (AD ARC), to enhance the AD system. One enhancement is a process for annotating which steps in the service information are “required for compliance”
(RC)with an AD. Boeing has implemented this RC concept into Boeing service bulletins. In an effort to further improve the quality of ADs and AD-related Boeing service information, a joint process improvement initiative was worked between the FAA and Boeing. The initiative resulted in the development of a new process in which the service information more clearly identifies the actions needed to address the unsafe condition in the “Accomplishment Instructions.” The new process results in a Boeing Requirements Bulletin, which contains only the actions needed to address the unsafe condition ( *i.e.,* only the RC actions). Interim Action We consider this AD interim action. We are currently considering requiring the replacement of the vertical stiffeners on certain airplanes, which would constitute terminating action for certain inspections required by this AD action. The planned compliance time for replacing the vertical stiffeners would allow enough time to provide notice and opportunity for prior public comment on the merits of the modification. FAA's Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because cracks in the keel beam upper chords could result in the inability of the keel beam structure to sustain required flight loads, which could adversely affect the structural integrity of the airplane. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reason(s) stated above, we find that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2018-0446 and Product Identifier 2018-NM-069-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this final rule. Costs of Compliance We estimate that this AD affects 67 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 Surface HFEC and detailed inspections of aft vertical stiffeners (for Configuration 1 airplanes) 2 work-hours × $85 per hour = $170 per inspection cycle $0 $170 per inspection cycle Up to $11,390 per inspection cycle. Detailed inspection of aft vertical stiffeners and time-limited repair (for Configuration 2 airplanes) 2 work-hours × $85 per hour = $170 0 $170 per inspection cycle Up to $11,390 per inspection cycle. Surface HFEC inspection of the keel beam upper chord inboard flanges and a general visual inspection of the angle (for all airplanes) 2 work-hours × $85 per hour = $170 0 $170 $11,390. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2018-10-12 The Boeing Company:** Amendment 39-19288; Docket No. FAA-2018-0446; Product Identifier 2018-NM-069-AD.
(a)Effective Date This AD is effective June 7, 2018.
(b)Affected ADs None.
(c)Applicability This AD applies to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, certificated in any category.
(d)Subject Air Transport Association
(ATA)of America Code 57, Wings; 53, Fuselage.
(e)Unsafe Condition This AD was prompted by a report of cracks in the left-side and right-side keel beam upper chords and aft vertical stiffeners. Cracks in the aft vertical stiffeners may lead to the inability of the keel beam structure to sustain required flight loads, which could adversely affect the structural integrity of the airplane.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Required Actions for Group 1 Airplanes For airplanes identified as Group 1 in Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018: Within 120 days after the effective date of this AD, inspect the airplane and do all applicable corrective actions using a method approved in accordance with the procedures specified in paragraph
(k)of this AD.
(h)Required Actions for Group 2 Airplanes Except as required by paragraph
(i)of this AD: For airplanes identified as Group 2 in Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, at the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018. Note 1 to paragraph
(h)of this AD: Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 737-57A1339, dated April 16, 2018, which is referred to in Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018.
(i)Exceptions to Service Information Specifications
(1)For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, uses the phrase “the original issue date of Requirements Bulletin 737-57A1339 RB,” this AD requires using the effective date of this AD.
(2)Where Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, specifies contacting Boeing, this AD requires repair using a method approved in accordance with the procedures specified in paragraph
(k)of this AD.
(j)Optional Terminating Action for Repetitive Inspections Removal of the time-limited repair and accomplishment of additional actions in accordance with the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, terminate the repetitive inspections of the aft vertical stiffeners and time-limited repair, as specified in the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018, and required by paragraph
(h)of this AD.
(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)(1) 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.
(l)Related Information
(1)For more information about this AD, contact Galib Abumeri, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5324; fax: 562-627-5210; email: *Galib.Abumeri@faa.gov.*
(2)Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(3) and (m)(4) of this AD.
(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 Alert Requirements Bulletin 737-57A1339 RB, dated April 16, 2018.
(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 May 11, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-10920 Filed 5-22-18; 8:45 am]
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- 14 CFR 39
- 1 CFR 51
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