Unknown. Final rule

5,483 words·~25 min read·/register/2018/11/14/2018-24684·

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-11-14.xml --- 83 220 Wednesday, November 14, 2018 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Orders: Almonds Grown in California, 56742-56746 2018-24727 Agriculture Agriculture Department See Agricultural Marketing Service See National Agricultural Statistics Service Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act:

Consortium for Strategic and Spectrum Mission Advanced Resilient Trusted Systems, 56874 2018-24809 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals with Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program

(CBP)and Fee Schedule Amounts, and Technical Amendments to Correct Existing Regulations Related to the CBP for Certain DMEPOS, 56922-57073 2018-24238 PROPOSED RULES Medicaid Program: Medicaid and Childrens Health Insurance Plan Managed Care, 57264-57299 2018-24626 Civil Rights Civil Rights Commission NOTICES Meetings: Pennsylvania Advisory Committee, 56799-56800 2018-24752 Virginia Advisory Committee, 56799 2018-24754 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Fireworks Displays, Upper Potomac River, Washington Channel, DC, 56768-56770 2018-24773 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clearing Member Risk Management, 56828-56830 2018-24761 Rules Relating to Review of National Futures Association Decisions in Disciplinary, Membership Denial, Registration, and Member Responsibility Actions, 56827-56828 2018-24770 Comptroller Comptroller of the Currency NOTICES Charter Renewals: Mutual Savings Association Advisory Committee, 56914 2018-24723 Defense Department Defense Department NOTICES Administrative Suspension of Department of Defense Federal Advisory Committee, 56830 2018-24742 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56830 2018-24744 Education Department Education Department NOTICES Privacy Act; Systems of Records, 56831-56834 2018-24847 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Test Procedures for Consumer Warm Air Furnaces; Petition for Rulemaking, 56746-56750 2018-24697 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 56834-56835 2018-24811 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona Air Plan; Hayden Lead Nonattainment Area Plan for the 2008 Lead Standard, 56734-56736 2018-24740 Arizona; Hayden and Miami Areas; Lead and Sulfur Dioxide Control Measures—Copper Smelters, 56736-56739 2018-24743 Testing Regulations for Air Emission Sources, 56713-56734 2018-24747 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Michigan; Infrastructure State Implementation Plan Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standard; Multistate Transport, 56777-56781 2018-24817 North Carolina; Miscellaneous Revisions, 56773-56775 2018-24819 Ohio Less than 10 Tons per Year Best Available Technology Exemption, 56775-56777 2018-24815 Texas; Reasonably Available Control Technology, 56770-56773 2018-24658 Emergency Release Notification Regulations: Reporting Exemption for Air Emissions from Animal Waste at Farms; Emergency Planning and Community Right-to-Know Act, 56791-56797 2018-24821 National Ambient Air Quality Standards: Determinations of Attainment, Extensions of the Attainment Date, and Reclassification of Several Areas Classified as Moderate for the 2008 Ozone Standards, 56781-56791 2018-24816 NOTICES Meetings: National Environmental Justice Advisory Council, 56840 2018-24818 North Dakota Pollutant Discharge Elimination System; Transfer; Correction, 56840-56841 2018-24769 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 56702-56711 2018-24683 2018-24686 2018-24688 The Boeing Company Airplanes, 56699-56702 2018-24684 Amendment of Class D and Class E Airspace, and Revocation of Class E Airspace: Juneau, AK, 56711-56713 2018-24721 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 56895-56896 2018-24720 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56841-56844 2018-24829 2018-24830 2018-24832 2018-24833 Meetings: Communications Security, Reliability, and Interoperability Council, 56843-56844 2018-24834 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 56844-56845 2018-24902 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations: Georgia; Amendment No. 1, 56865 2018-24736 Northern Mariana Islands; Amendment No. 1, 56864-56865 2018-24778 Major Disaster and Related Determinations: Montana, 56865-56866 2018-24784 Major Disaster Declarations: Georgia; Amendment No. 3, 56866-56867 2018-24737 Georgia; Amendment No. 4, 56865 2018-24738 Northern Mariana Islands; Amendment No. 1, 56864 2018-24776 Northern Mariana Islands; Amendment No. 2, 56866 2018-24777 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 56837-56839 2018-24779 2018-24780 2018-24781 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Cleco Cajun, LLC, 56838 2018-24782 GE Oleander, LLC, 56839-56840 2018-24783 Meetings; Sunshine Act, 56835-56837 2018-24920 Federal Highway Federal Highway Administration PROPOSED RULES Construction and Maintenance—Promoting Innovation in Use of Patented and Proprietary Products, 56758-56763 2018-24687 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 56899-56900 2018-24859 Epilepsy and Seizure Disorders, 56900-56902, 56907-56908 2018-24844 2018-24858 Hearing, 56897-56899, 56905-56907 2018-24852 2018-24861 Implantable Cardioverter Defibrillators, 56896-56897 2018-24855 Vision, 56902-56905, 56908-56909 2018-24849 2018-24856 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56909-56914 2018-24715 2018-24716 Applications: Approval to Discontinue or Modify a Railroad Signal System, 56909 2018-24826 Petitions for Waivers of Compliance, 56912-56913 2018-24825 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 56845 2018-24803 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 56845 2018-24802 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petitions: Flexible Vinyl Alliance, 56750-56758 2018-24657 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosures of Descriptive Presentations in Professional Oncology Prescription Drug Promotion, 56845-56852 2018-24785 Labeling of Certain Beers Subject to the Labeling Jurisdiction of the Food and Drug Administration, 56856-56857 2018-24786 Medical Device User Fee Small Business Qualification and Certification, 56852-56854 2018-24790 Guidance: International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products; Study Design Recommendations for Residue Studies in Honey for Establishing Maximum Residue Levels and Withdrawal Periods, 56854-56856 2018-24762 Nonmetastatic, Castration-Resistant Prostate Cancer: Considerations for Metastasis-Free Survival Endpoint in Clinical Trials, 56857-56859 2018-24763 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: LNK International, Inc., Foreign-Trade Zone 52, Suffolk County, New York, 56800 2018-24797 General Services General Services Administration RULES General Services Administration Acquisition Regulation: Removing Duplicative Responsibility Determination Guidance, 56739-56740 2018-24755 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Medicare Program: Administrative Law Judge Hearing Program for Medicare Claim and Entitlement Appeals; Quarterly Listing of Program Issuances—July Through September 2018, 56859-56860 2018-24722 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Land Management Bureau See National Park Service See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service PROPOSED RULES Hardship Distributions of Elective Contributions, Qualified Matching Contributions, Qualified Nonelective Contributions, and Earnings, 56763-56768 2018-24812 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56916-56917 2018-24735 2018-24831 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Excise Tax; Tractors, Trailers, Trucks, and Tires; Reporting and Recordkeeping Requirements, 56918 2018-24734 Regulation Project, 56915-56917 2018-24729 2018-24730 2018-24731 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Certain Alloy Steel Wire Rod from Mexico, 56800-56802 2018-24801 Certain Hot-Rolled Steel Flat Products from Australia, 56817-56819 2018-24793 Certain Hot-Rolled Steel Flat Products from Japan, 56813-56815 2018-24794 Certain Hot-Rolled Steel Flat Products from Republic of Turkey, 56805-56807 2018-24795 Certain Hot-Rolled Steel Flat Products from the Republic of Korea, 56821-56823 2018-24796 Certain Uncoated Paper from Indonesia, 56807-56808, 56823-56824 2018-24791 2018-24800 Large Diameter Welded Pipe from India, 56819-56821 2018-24804 Large Diameter Welded Pipe from the People's Republic of China, 56804-56805 2018-24805 Large Residential Washers from the Republic of Korea and Mexico, 56808-56811 2018-24798 Uranium from the Russian Federation, 56802-56804 2018-24799 Determinations of Sales at Less Than Fair Value: Large Diameter Welded Pipe from India, 56811-56813 2018-24806 Large Diameter Welded Pipe from the People's Republic of China, 56816-56817 2018-24807 Opportunity to Request Administrative Review; Correction, 56819 2018-24792 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Terminated Oil and Gas Leases; Proposed Reinstatements: COC75893, Colorado, 56867 2018-24862 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Standards for Diesel Particulate Matter Exposure, 56874-56875 2018-24788 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56798-56799 2018-24775 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 56875 2018-24748 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institute of Standards and Technology NOTICES Proposed Voluntary Product Standards: Performance Standard for Wood-Based Structural-Use Panels, 56827 2018-24713 Requests for Information: Developing a Privacy Framework, 56824-56827 2018-24714 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 56740-56741 2018-24824 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area, 57076-57261 2018-24042 National Park National Park Service NOTICES Inventory Completions: Kansas State Historical Society, Topeka, KS, 56868-56869 2018-24767 Riverside Metropolitan Museum, Riverside, CA, 56867-56868 2018-24764 U.S. Army Corps of Engineers, Albuquerque District, Trinidad Lake, CO, 56869-56871 2018-24765 U.S. Department of the Interior, Bureau of Land Management, Idaho State Office, Boise, ID, 56872-56873 2018-24766 Repatriation of Cultural Items: Minnesota Historical Society, St. Paul, MN, 56871-56872 2018-24768 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 56876 2018-24923 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56884-56886 2018-24771 2018-24772 Environmental Impact Statements; Availability, etc.: Entergy Operations, Inc., River Bend Station, Unit 1, 56880-56881 2018-24813 Exemptions: ZionSolutions, LLC; Zion Nuclear Power Station, Units 1 and 2 Independent Spent Fuel Storage Installation, 56881-56883 2018-24726 License Amendments: Watts Bar Nuclear Plant, Unit 2, 56876-56879 2018-24814 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Plant License Renewal, 56883 2018-24751 Advisory Committee on Reactor Safeguards Subcommittee on Regulatory Policies and Practices, 56879-56880 2018-24749 Advisory Committee on Reactor Safeguards Subcommittee on Thermal-Hydraulic Phenomena, 56883-56884 2018-24750 Meetings; Sunshine Act, 56876 2018-24948 Natural Resources Office of Natural Resources Revenue NOTICES Audit Delegation Renewal: Montana, New Mexico, and Oklahoma, 56873-56874 2018-24745 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Reporting, 56886-56887 2018-24753 Qualified Domestic Relations Orders Submitted to PBGC, 56886 2018-24787 Personnel Personnel Management Office NOTICES Senior Executive Service—Performance Review Board, 56887-56888 2018-24724 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 56888 2018-24725 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Honoring the Victims of the Tragedy in Thousand Oaks, CA (Proc. 9820), 57301-57303 2018-25042 World Freedom Day (Proc. 9821), 57305-57306 2018-25046 Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings: Saint Lawrence Seaway Development Corporation Advisory Board, 56914 2018-24789 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq BX, Inc., 56888-56890 2018-24733 NYSE Arca, Inc., 56890-56894 2018-24732 State Department State Department NOTICES Designations as Foreign Terrorist Organizations: Hizballah (and Other Aliases), 56894 2018-24840 Designations as Global Terrorists: Al-Mujahidin Brigades, aka Khatib Al-Mujahidin, aka Holy Warriors Battalion, aka Al Mujahideen Brigades, aka Ansar al-Mujahidin Movemement, 56894 2018-24841 Jawad Nasrallah, aka, Mohammad Jawad Nasrallah, aka Juad Nasrallah, 56894 2018-24843 Surface Transportation Surface Transportation Board NOTICES Changes in Operators Exemption: Coos Bay Rail Line, Inc.; Coos Bay Railroad Operating Company, LLC d/b/a Coos Bay Rail Link, 56894-56895 2018-24839 Continuances in Control Exemption: Oregon International Port of Coos Bay; Coos Bay Rail Line, Inc., 56895 2018-24838 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Saint Lawrence Seaway Development Corporation Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Passenger List/Crew List, 56861-56862 2018-24757 Visa Waiver Program Carrier Agreement, 56860-56861 2018-24756 Test to Collect Facial Images from Occupants in Moving Vehicles at the Anzalduas Port of Entry (Anzalduas Biometric Test), 56862-56864 2018-24850 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Disagreement, 56918-56919 2018-24759 Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 56919 2018-24758 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 56922-57073 2018-24238 Part III Commerce Department, National Oceanic and Atmospheric Administration, 57076-57261 2018-24042 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 57264-57299 2018-24626 Part V Presidential Documents, 57301-57303, 57305-57306 2018-25042 2018-25046 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. 83 220 Wednesday, November 14, 2018 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0408; Product Identifier 2017-NM-146-AD; Amendment 39-19495; AD 2018-23-09] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are superseding Airworthiness Directive

(AD)2016-13-16, which applied to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. AD 2016-13-16 required an inspection or records check to determine if affected horizontal stabilizers are installed, related investigative actions, and, for affected horizontal stabilizers, repetitive inspections for any crack of the horizontal stabilizer rear spar upper chord, and corrective action if necessary. This AD requires retaining the requirements of AD 2016-13-16, with revised service information that clarifies the inspection areas and serial number information of the horizontal stabilizer. This AD was prompted by reports of a manufacturing oversight, in which a supplier omitted the required protective finish on certain bushings installed in the rear spar upper chord on horizontal stabilizers, which could lead to galvanic corrosion and consequent cracking of the rear spar upper chord. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 19, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 19, 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-2018-0408. 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-2018-0408; 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 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: Lu Lu, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; email: *lu.lu@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to supersede AD 2016-13-16, Amendment 39-18581 (81 FR 44503, July 8, 2016) (“AD 2016-13-16”). AD 2016-13-16 applied to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The NPRM published in the **Federal Register** on May 15, 2018 (83 FR 22417). The NPRM was prompted by a determination that clarification of inspection areas and serial number information of the horizontal stabilizer is necessary and reports of a manufacturing oversight, in which a supplier omitted the required protective finish on certain bushings installed in the rear spar upper chord on horizontal stabilizers, which could lead to galvanic corrosion and consequent cracking of the rear spar upper chord. The NPRM proposed to continue to require an inspection or records check to determine if affected horizontal stabilizers are installed, related investigative actions, and, for affected horizontal stabilizers, repetitive inspections for any crack of the horizontal stabilizer rear spar upper chord, and corrective action if necessary. The NPRM also proposed to clarify the inspection areas and serial number information of the horizontal stabilizer. We are issuing this AD to address cracking of the rear spar upper chord, which could result in the failure of the upper chord, consequent departure of the horizontal stabilizer from the airplane, and loss of control of the airplane. 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. Air Line Pilots Association, International (ALPA), Boeing, and United Airlines stated that they supported the NPRM. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing the supplemental type certificate

(STC)ST00830SE does not affect the actions specified in the NPRM. We concur with the commenter. We have redesignated paragraph

(c)of the proposed AD as paragraph (c)(1) of this AD and added paragraph (c)(2) to this AD to state that installation of STC ST00830SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST00830SE is installed, a “change in product” alternative method of compliance

(AMOC)approval request is not necessary to comply with the requirements of 14 CFR 39.17. Request To Review Parts Installation Limitations Paragraph Southwest Airlines

(SWA)requested that we review the “Parts Installation Limitation” paragraph in the proposed AD. SWA stated that Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, specifies that an operator can either do a check of delivery and maintenance records to find the serial number of the horizontal stabilizer installed on the airplane during production and to determine if the horizontal stabilizer has been exchanged, or an operator can gain access to the horizontal stabilizer identification plate and do an inspection of the identification plate to find the serial numbers of the horizontal stabilizers. SWA stated that it does not agree with the use of maintenance records to validate serial numbers based on the potential error of not recording the full serial number (manufacturer code and serial number) from the identification plate within the maintenance record documentation. SWA commented that it has determined that the delivery record and physical verification are correct methods in confirming that the serial numbers are installed. We partially agree with the commenter's request. We have reviewed the effectiveness of performing a records check. We disagree with the commenter that a records check is not a valid method and note that it is acceptable for complying with certain actions required by paragraph

(g)of this AD. As specified in Note 17 of paragraph 3.A., “General Information” of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, “A check of the airplane maintenance and delivery records is an acceptable method to determine if the left and right horizontal stabilizers are affected provided the installed components can be conclusively determined from that check.” We agree that if an operator is not confident that it cannot positively identify the affected stabilizers by using maintenance records, then this method should not be used. In addition, Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, specifies a check of delivery and maintenance records with a table for the affected manufacturer code and serial number combination to ensure all the affected parts are captured. In regards to the “Parts Installation Limitation” paragraph in this AD, there is no option to do a check of the airplane maintenance and delivery records. As specified in paragraph (i)(1) of this AD, a horizontal stabilizer may be installed if the part is inspected in accordance with “Part 2: Horizontal Stabilizer Identification Plate Inspection” of the Accomplishments Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, and no affected serial number is found. As specified in paragraph (i)(2) of this AD, a horizontal stabilizer may be installed if the part is inspected in accordance with “Part 2: Horizontal Stabilizer Identification Plate Inspection” of the Accomplishments Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, and an affected serial number is found, provided the actions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD are done, as applicable. We have not changed 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 AD with the change 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 addressing 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 AD. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017. This service information describes procedures for an identification plate inspection or records check to determine whether affected horizontal stabilizers are installed, related investigative actions, and for affected horizontal stabilizers, repetitive high frequency eddy current

(HFEC)inspections for any crack of the horizontal stabilizer rear spar upper chord, and corrective action. 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 1,748 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 Inspection or records check to determine the serial number of the horizontal stabilizer 1 work-hour × $85 per hour = $85 $0 $85 $148,580. HFEC inspection (horizontal stabilizer with affected serial number) 6 work-hour × $85 per hour = 510 0 510 Up to $891,480. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. According to the manufacturer, all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all available costs in our cost estimate. 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 We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866,

(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 removing Airworthiness Directive

(AD)2016-13-16, Amendment 39-18581 (81 FR 44503, July 8, 2016), and adding the following new AD: **2018-23-09 The Boeing Company:** Amendment 39-19495; Docket No. FAA-2018-0408; Product Identifier 2017-NM-146-AD.

(a)Effective Date This AD is effective December 19, 2018.

(b)Affected ADs This AD replaces AD 2016-13-16, Amendment 39-18581 (81 FR 44503, July 8, 2016) (“AD 2016-13-16”).

(c)Applicability

(1)This AD applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and 900ER series airplanes, certificated in any category.

(2)Installation of Supplemental Type Certificate

(STC)ST00830SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST00830SE is installed, a “change in product” alternative method of compliance

(AMOC)approval request is not necessary to comply with the requirements of 14 CFR 39.17.

(d)Subject Air Transport Association

(ATA)of America Code 55, Stabilizers.

(e)Unsafe Condition This AD was prompted by reports of a manufacturing oversight, in which a supplier omitted the required protective finish on certain bushings installed in the rear spar upper chord on horizontal stabilizers, which could lead to galvanic corrosion and consequent cracking of the rear spar upper chord. We are issuing this AD to address cracking of the rear spar upper chord, which could result in the failure of the upper chord, consequent departure of the horizontal stabilizer from the airplane, and loss of control of the airplane.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Required Actions Except as required by paragraph

(h)of this AD: At the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, do all applicable actions identified as “RC” (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017.

(h)Exceptions to Service Information

(1)For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, uses the phrase “the Revision 1 date of this service bulletin,” this AD requires using “the effective date of this AD.”

(2)Where Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, specifies contacting Boeing, and specifies that action as RC: This AD requires repair using a method approved in accordance with the procedures specified in paragraph

(k)of this AD.

(i)Parts Installation Limitations As of the effective date of this AD, no person may install a horizontal stabilizer on any airplane, except as specified in paragraphs (i)(1) or (i)(2) of this AD.

(1)A horizontal stabilizer may be installed if the part is inspected in accordance with “Part 2: Horizontal Stabilizer Identification Plate Inspection” of the Accomplishments Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, and no affected serial number is found.

(2)A horizontal stabilizer may be installed if the part is inspected in accordance with “Part 2: Horizontal Stabilizer Identification Plate Inspection” of the Accomplishments Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, and an affected serial number is found, provided that the actions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD are done, as applicable.

(i)Initial and repetitive high frequency eddy current

(HFEC)inspections, which are part of the required actions specified in paragraph

(g)of this AD, are completed within the compliance times specified in paragraph

(g)of this AD.

(ii)All applicable corrective actions, which are part of the required actions specified in paragraph

(g)of this AD, are done within the compliance times specified in paragraph

(g)of this AD.

(j)Credit for Previous Actions For Groups 1 and 2, Configuration 1 airplanes, as identified in Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017: This paragraph provides credit for the actions specified in paragraph

(g)of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015.

(k)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Seattle ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or 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-Seattle-ACO-AMOC-Requests@faa.gov.*

(2)Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the 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, Seattle ACO Branch, FAA, 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 previously for AD 2016-13-16 are approved as AMOCs for the corresponding provisions of Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017, that are required by paragraph

(g)of this AD.

(5)Except as required by paragraph (h)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (k)(5)(i) and (k)(5)(ii) of this AD apply.

(i)The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

(ii)Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

(l)Related Information

(1)For more information about this AD, contact Lu Lu, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; email: *lu.lu@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 Service Bulletin 737-55A1097, Revision 1, dated September 20, 2017.

(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 November 2, 2018. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-24684 Filed 11-13-18; 8:45 am]

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