Unknown. Final rule

5,272 words·~24 min read·/register/2019/04/17/2019-07587·

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-2019-04-17.xml --- 84 74 Wednesday, April 17, 2019 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See National Agricultural Statistics Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Magazine Questionnaire for Agencies/Entities who Store Explosive Materials, 16037-16038 2019-07672 Animal Animal and Plant Health Inspection Service NOTICES Import Requirements:

Fresh Fragrant Pears from China into the United States, 15994-15995 2019-07665 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2020 Census Post-Enumeration Survey Initial and Final Housing Unit Follow-up, 16000-16002 2019-07611 Civil Rights Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee; Correction, 16000 2019-07584 Coast Guard Coast Guard RULES Security Zone: Cumberland River, Nashville, TN, 15959-15961 2019-07667 Special Local Regulation:

Lake of the Ozarks, Village of Four Seasons, MO, 15956-15959 2019-07713 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 16006-16007 2019-07738 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of Cable Royalty Funds and Satellite Royalty Funds, 16038-16048 2019-07695 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Economic Price Adjustment, 16019-16020 2019-07646 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Center for College Students with Disabilities Database of Disability Services and Activities in Higher Education, 16007 2019-07670 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Pennsylvania; Delegation of Authority of the Federal Plan for Existing Sewage Sludge Incineration Units, 15961-15963 2019-06487 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NSPS for Secondary Lead Smelters, 16012-16013 2019-07673 NSPS for Surface Coating of Plastic Parts for Business Machines, 16011-16012 2019-07675 NSPS for Synthetic Fiber Production Facilities, 16013-16014 2019-07674 Clean Water Act: West Virginia's National Pollutant Discharge Elimination System Program Revision, 16010-16011 2019-07566 Materials Supporting the Colour Index Pigment Violet 29 Risk Evaluation, 16011 2019-07708 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

The Boeing Company Airplanes, 15949-15952 2019-07587 Amendment of Restricted Area: R-2101; Anniston Army Depot, AL, 15952-15953 2019-07596 PROPOSED RULES Primary Category Design Standards: Cub Crafters, Inc., Model CC21-180 Airplane, 15992-15993 2019-07592 NOTICES Intent of Waiver with Respect to Land: Akron Fulton Airport, Akron, OH, 16134-16135 2019-07686 Land Release Request: Hudson Valley Regional Airport (POU), Wappingers Falls, NY, 16136 2019-07598 Meetings: Aviation Rulemaking Advisory Committee, 16137-16138 2019-07688 Petition for Exemption;

Summary: Aerones, Inc., 16135-16136 2019-07690 Alaska Airlines, 16135 2019-07689 Brittan Evan Kirk, 16137 2019-07687 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 16007-16008, 16010 2019-07717 2019-07720 Meetings; Sunshine Act, 16008-16010 2019-07742 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16138 2019-07662 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 16014 2019-07721 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16014-16016 2019-07650 2019-07663 Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 16016 2019-07684 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 16016-16017 2019-07685 Federal Trade Federal Trade Commission NOTICES Analysis of Agreement Containing Consent Orders to Aid Public Comment: Tronox/Cristal USA, 16017-16019 2019-07697 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting:

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Key Challenges and Opportunities; Public Workshop, 16023-16025 2019-07700 Food Safety Food Safety and Inspection Service PROPOSED RULES Rescission of Dual Labeling Requirements for Certain Packages of Meat and Poultry, 15989-15992 2019-07634 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion: Southeast Texas, Inc., Foreign-Trade Zone 116, Port Arthur, TX, 16002 2019-07683 Forest Forest Service NOTICES Meetings: Butte County Resource Advisory Committee, 15997-15998 2019-07609 Fresno and Madera County Resource Advisory Committees, 15995-15996 2019-07607 Hood-Willamette Resource Advisory Committee, 15996 2019-07610 Olympic Peninsula Resource Advisory Committee, 15997 2019-07604 Wenatchee-Okanogan Resource Advisory Committee, 15998-15999 2019-07605 Wrangell-Petersburg Resource Advisory Committee, 15996-15997 2019-07608 Yavapai County Resource Advisory Committee, 15998 2019-07606 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Economic Price Adjustment, 16019-16020 2019-07646 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Meetings: National Committee on Vital and Health Statistics, 16025 2019-07709 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Request for Information: Review of HUD Policy in Opportunity Zones, 16029-16032 2019-07682 Section 8 Housing Assistance Payments Program:

Fiscal Year 2019 Inflation Factors for Public Housing Agency Renewal Funding, 16032-16033 2019-07679 SUPPORT for Patients and Communities Act: Establishment of Funding Formula, 16027-16028 2019-07681 Interior Interior Department See Fish and Wildlife Service NOTICES Meetings: Invasive Species Advisory Committee, 16034 2019-07780 Internal Revenue Internal Revenue Service RULES Qualified Business Income Deduction; Correction, 15953-15955 2019-07651 2019-07652 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Pasta from Italy and Turkey, 16002-16003 2019-07807 Meetings: United States Travel and Tourism Advisory Board, 16003-16004 2019-07660 International Trade Com International Trade Commission NOTICES Complaint: Certain Cardio-Strength Training Magnetic-Resistance Cable Exercise Machines and Components, 16034-16035 2019-07676 Certain LED Packages Containing PFS Phosphor and Products Containing Same, 16036-16037 2019-07677 Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof, 16035-16036 2019-07661 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Proposed Consent Decree: Clean Air Act, 16038 2019-07586 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16048-16049 2019-07691 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Economic Price Adjustment, 16019-16020 2019-07646 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15999-16000 2019-07666 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 16049 2019-07635 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 16026 2019-07644 National Institute of Allergy and Infectious Diseases, 16025-16026 2019-07643 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2019 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; January through June Season, 15986-15987 2019-07693 Fisheries of the Exclusive Economic Zone off Alaska: Northern Rockfish in the Bering Sea and Aleutian Islands Management Area, 15987-15988 2019-07694 Taking and Importing Marine Mammals:

Incidental to U.S. Navy Marine Structure Maintenance and Pile Replacement in Washington, 15963-15986 2019-07513 NOTICES Environmental Impact Statements; Availability, etc.: Proposed Great Lake Ontario National Marine Sanctuary; Intent to Conduct Scoping, 16004-16006 2019-07678 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Thermal-Hydraulic Phenomena, 16049 2019-07588 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Patents External Quality Survey, 16006 2019-07642 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annuitant's Report of Earned Income, 16050 2019-07669 Assignment, Federal Employees' Group Life Insurance, 16050-16051 2019-07671 Notice of Change in Student's Status, 16051 2019-07668 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 16051-16052 2019-07657 Postal Service Postal Service NOTICES Product Change:

Priority Mail Express and Priority Mail Negotiated Service Agreement, 16052-16053 2019-07639 Priority Mail Express Negotiated Service Agreement, 16052 2019-07640 2019-07699 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 16053 2019-07594 Priority Mail Negotiated Service Agreement, 16052 2019-07641 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16070-16071 2019-07658 Applications:

Roundhill Financial, LLC and Listed Funds Trust, 16061-16062 2019-07718 Joint Industry Plan: Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., et al., 16086-16092 2019-07637 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 16094-16096 2019-07704 Cboe BZX Exchange, Inc., 16062-16064, 16071-16073 2019-07632 2019-07705 Cboe C2 Exchange, Inc., 16130-16132 2019-07618 Cboe EDGX Exchange, Inc., 16096-16098, 16111-16115, 16119-16130 2019-07616 2019-07617 2019-07629 2019-07703 Cboe Exchange, Inc., 16093-16094 2019-07622 Financial Industry Regulatory Authority, Inc., 16107-16109 2019-07625 MIAX PEARL, LLC, 16073-16077 2019-07628 Nasdaq BX, Inc., 16077-16079, 16116-16119 2019-07619 2019-07624 2019-07615 Nasdaq GEMX, LLC, 16055-16057 2019-07627 Nasdaq ISE, LLC, 16098-16100 2019-07630 Nasdaq MRX, LLC, 16110-16111 2019-07623 Nasdaq PHLX, LLC, 16057-16059, 16068-16070 2019-07613 2019-07631 New York Stock Exchange, LLC, 16079-16086 2019-07707 NYSE American, LLC, 16059-16061, 16102-16107 2019-07614 2019-07621 NYSE Arca, Inc., 16053-16055, 16066-16068 2019-07620 2019-07626 The Nasdaq Stock Market, LLC, 16064-16066, 16100-16102 2019-07612 2019-07633 Small Business Small Business Administration NOTICES Major Disaster Declaration:

Nebraska, 16132-16133 2019-07653 2019-07654 2019-07655 Social Social Security Administration NOTICES Privacy Act; Matching Programs, 16133 2019-07659 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Internal Revenue Service RULES Inflation Adjustment of Civil Monetary Penalties, 15955-15956 2019-07664 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Waiver of the Foreign Residence Requirement of the Immigration and Nationality Act, 16026-16027 2019-07603 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 16138-16150 2019-07647 2019-07648 2019-07649 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 16152-16186 2019-07527 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. 84 74 Wednesday, April 17, 2019 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0899; Product Identifier 2018-NM-099-AD; Amendment 39-19615; AD 2019-07-04] 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 757 airplanes. This AD was prompted by an evaluation by the design approval holder

(DAH)indicating that the inner skin of the lap splices, at the lower fastener row, is subject to scratch cracks that may interact with widespread fatigue damage (WFD). This AD requires a general visual inspection

(GVI)of certain lap splice inspection areas for any repair common to the fuselage skin lap splice dual frequency eddy current

(DFEC)inspection areas, repetitive DFEC inspections of certain lap splice inner skins for any crack, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective May 22, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 22, 2019. 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; phone: 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-2018-0899. 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-2018-0899; 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: David Truong, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627-5210; email: *david.truong@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 certain The Boeing Company Model 757 airplanes. The NPRM published in the **Federal Register** on October 15, 2018 (83 FR 51887). The NPRM was prompted by an evaluation by the DAH indicating that the inner skin of the lap splices, at the lower fastener row, is subject to scratch cracks that may interact with WFD. The NPRM proposed to require a general visual inspection of certain lap splice inspection areas for any repair common to the fuselage skin lap splice inspection areas, repetitive DFEC inspections of a certain lap splice inner skin for any crack, and applicable on-condition actions. We are issuing this AD to address scratches that can grow into scratch cracks, which could interact with multi-site damage

(MSD)fastener hole fatigue cracking. This condition, if not addressed, could result in accelerated crack growth rate, which could result in reduced structural integrity of the airplane. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing Supplemental Type Certificate

(STC)ST01518SE does not affect the actions specified in the proposed AD. 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 ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE 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 for Clarification of the Affected Airplanes Boeing requested that we clarify the affected airplanes in the NPRM. Boeing pointed out that the SUMMARY of the NPRM currently states “for certain The Boeing Company Model 757 airplanes,” and requested that we change the SUMMARY of the NPRM to state “for all The Boeing Company Model 757 airplanes.” We acknowledge this typographical error. Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, specifies “all The Boeing Company Model 757 airplanes,” and our intent was to match the service information. We have revised the SUMMARY and paragraph (c)(1) of this AD accordingly. Request To Revise the Safety Issue Boeing requested that we clarify the nature of the safety issue. Boeing pointed out that the SUMMARY of the NPRM suggests that the safety issue is limited to WFD. Boeing also mentioned that lap splice WFD for the Model 757 fleet is already addressed by AD 2018-18-07, Amendment 39-19386 (83 FR 45037, September 5, 2018) (“AD 2018-18-07”). Boeing specified that the safety issue that the NPRM is mitigating is the potential for interaction between MSD and scratch cracks on the inner skin of the lap splices. Boeing requested that we revise the “prompted by” statement in the SUMMARY of the NPRM to specify “. . . at the lower fastener row is subject to scratch cracks that may interact with WFD.” We acknowledge the commenter's concern. As written, the SUMMARY of the NPRM can be misconstrued to specify duplicate actions (lap splice WFD) already addressed by AD 2018-18-07. The intent of this AD action is to address the potential for interaction between MSD and scratch cracks on the inner skin of the lap splices. Therefore, we have revised the SUMMARY and paragraph

(e)of this AD accordingly. Request for Clarification of the GVI Inspection Area Boeing requested that we clarify the GVI inspection area. Boeing mentioned that the SUMMARY and “Related Service Information Under 1 CFR part 51” section of the NPRM each describe a GVI common to the fuselage skin lap splice inspection areas. Boeing pointed out that the wording seems confusing and could be perceived as a circular description ( *i.e.* that the inspection area is common to the inspection area). Boeing also pointed out that there is no mention of the commonality of the DFEC inspection areas and the GVI inspection areas. We agree with the commenter's request for the reasons provided. We have revised the SUMMARY and “Related Service Information Under 1 CFR part 51” section of this AD accordingly. Request for Clarification of the Affected Inspection Area Boeing requested that we clarify the affected inspection area. Boeing mentioned that the SUMMARY of the NPRM states “. . . DFEC inspections of a certain lap splice inner skin. . . .” Boeing pointed out that this statement suggests that only one skin panel is affected. Boeing requested that we revise the SUMMARY of the NPRM to state “. . . DFEC inspections of certain lap splice inner skins. . . .” We agree with the commenter's request for the reasons provided. We have revised the SUMMARY of this AD accordingly. Request To Clarify That the Inspections Are Not Limited to Lap Splices at Stringer

(S)14 Boeing requested that we clarify that the inspections are not limited to lap splices at S-14. Boeing mentioned that the “Related Service Information Under 1 CFR part 51” section of the NPRM describes the service information as procedures for “. . . repetitive DFEC inspections of the S-14 lap splice inner skin for any crack . . . .” Boeing pointed out that the description does not mention any of the other lap splice stringer locations where the inspections are required. Boeing requested that we revise the description to specify “. . . repetitive DFEC inspections of certain lap splice inner skins for any crack . . . .” We agree with the commenter's request for the reasons provided. We have revised the “Related Service Information Under 1 CFR part 51” section of this AD accordingly. Request To Revise the Costs of Compliance of the NPRM Boeing requested that we clarify the Costs of Compliance of the NPRM. Boeing mentioned that the NPRM specified 451 airplanes of U.S. registry. Boing specified that its records show there to be 561 airplanes of U.S. registry that would be affected by the NPRM. Boeing also pointed out that the difference in affected airplanes significantly increases the overall costs to the U.S. registered Model 757 fleet. We agree that Boeing records account for U.S. registered airplanes that the FAA did not include in the NPRM, and that this number may be a more accurate representation of the U.S. registered airplanes. We did not originally include airplanes in our cost estimate that are in storage or not currently active. We have updated the Costs of Compliance section of this AD to reflect the specific number of U.S. registered airplanes and the revised cost on U.S. operators. Request To Include Required for Compliance

(RC)Language Boeing requested that we revise paragraph

(i)of the proposed AD to include RC language. Boeing mentioned that this change would clarify which actions are mandated. We agree that clarification is necessary, however, we disagree with the request to include RC language in paragraph

(i)of this AD. As noted in Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, if an RB is mandated by an AD, then all applicable requirements specified in the RB must be done. We did not include RC language because this AD requires accomplishment of all the actions specified in the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018. Therefore, we have not changed this AD in this regard. Request To Exclude Airplanes With Certain Modifications FedEx and VT Mobile Aerospace Engineering

(MAE)Inc. requested that we revise the NPRM to specify that inspections, methods, and compliance times regarding certain lap splices specified in Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, be omitted for the FedEx fleet of Model 757-200 airplanes. FedEx mentioned that its fleet has been modified using certain VT MAE Inc. supplemental type certificates (STCs), and is no longer configured as passenger airplanes. FedEx pointed out that its Model 757-200 fleet is identified as Groups 1, 4, and 5 in Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018. VT MAE Inc. pointed out that because of the change in configuration related to the VT MAE Inc. STCs, certain lap splice inspection areas have been removed and those airplanes are unable to fully comply with the inspection procedures specified in Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018. VT MAE Inc. proposed certain exceptions to the service information in the final rule. The proposed exceptions are for the lap splice inspections affected by the change in configuration related to the VT MAE Inc. STCs. FedEx requested that, in lieu of requesting an AMOC after publication, we include the exceptions proposed by VT MAE Inc. in the final rule. We acknowledge the commenters' remarks, however, we disagree with the request to include exceptions in this final rule that are specific to certain airplanes operated by FedEx. There are many different airplane configurations across multiple operators, and ADs cannot accommodate all possible configurations. However, under the provisions of paragraph

(i)of this AD, we will consider requests for approval of an AMOC that addresses the VT MAE Inc. STCs, if appropriate data are submitted to substantiate that the method would provide an acceptable level of safety. 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 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 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 final rule. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018. This service information describes procedures for a GVI of certain lap splice inspection areas for any repair common to the fuselage skin lap splice DFEC inspection areas, repetitive DFEC inspections of certain lap splice inner skins for any crack, 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. Costs of Compliance We estimate that this AD affects 561 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs for Required Actions Action Labor cost Parts cost Cost per product Cost on U.S. operators General visual inspection Up to 6 work-hours × $85 per hour = up to $510 $0 Up to $510 Up to $286,110. Repetitive DFEC inspections Up to 124 work-hours × $85 per hour = up to $10,540 per inspection cycle $0 Up to $10,540 per inspection cycle Up to $5,912,940 per inspection cycle. 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): **2019-07 The Boeing Company:** Amendment 39-19615; Docket No. FAA-2018-0899; Product Identifier 2018-NM-099-AD.

(a)Effective Date This AD is effective May 22, 2019.

(b)Affected ADs None.

(c)Applicability

(1)This AD applies to all The Boeing Company Model 757-200, -200PF, -200CB, and -300 series airplanes, certificated in any category.

(2)Installation of Supplemental Type Certificate

(STC)ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE 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 53, Fuselage.

(e)Unsafe Condition This AD was prompted by an evaluation by the design approval holder

(DAH)indicating that the inner skin of the lap splices, at the lower fastener row, is subject to scratch cracks that may interact with widespread fatigue damage (WFD). We are issuing this AD to address scratches that can grow into scratch cracks, which could interact with multi-site damage

(MSD)fastener hole fatigue cracking. This condition, if not addressed, could result in accelerated crack growth rate, which could result in reduced structural integrity of the airplane.

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

(g)Required Actions Except as specified by paragraph

(h)of this AD: At the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018. *Note 1 to paragraph

(g)of this AD:* Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757-53A0111, dated May 21, 2018, which is referred to in Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018.

(h)Exceptions to Service Information Specifications

(1)For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, uses the phrase “the original issue date of Requirements Bulletin 757-53A0111 RB,” this AD requires using “the effective date of this AD.”

(2)Where Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, specifies contacting Boeing for alternative inspections or repair instructions, this AD requires alternative inspection or repair before further flight using a method approved in accordance with the procedures specified in paragraph

(i)of this AD.

(3)Inspections performed in accordance with Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018, are not necessary in areas where existing FAA approved repairs cover the affected inspection areas; provided the outermost repair doubler extends a minimum of three rows of fasteners above and below the original group of lap splice fasteners subject to the inspection. Damage tolerance inspections specified for existing repairs must continue. Inspections outside of the repaired boundaries are still required as specified in Boeing Alert Requirements Bulletin 757-53A0111 RB, dated May 21, 2018.

(i)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 (j)(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, 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.

(j)Related Information

(1)For more information about this AD, contact David Truong, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627-5210; email: *david.truong@faa.gov.*

(2)Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(4) of this AD.

(k)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 757-53A0111 RB, dated May 21, 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; phone: 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 April 8, 2019. Michael J. Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019-07587 Filed 4-16-19; 8:45 am]

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