75512 Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Proposed Rules 

conditions, the C-series airplanes must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36, and the 

FAA must issue a finding of regulatory 

adequacy under section 611 of Public 

Law 92–574, the ‘‘Noise Control Act of 

1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The C-series airplanes will 

incorporate the following novel or 

unusual design features: A fly-by-wire 

electronic flight control system (EFCS) 

and no direct coupling from the 

flightdeck controller to the control 

surface. As a result, the pilot is not 

aware of the actual control surface 

position as envisioned under current 

airworthiness standards. 

Discussion 

These special conditions propose that 

the flightcrew receive a suitable flight 

control position annunciation when a 

flight condition exists in which nearly 

full surface authority (not crewcommanded) is being used. Suitability 

of such a display must take into account 

that some pilot-demanded maneuvers 

(e.g., rapid roll) are necessarily 

associated with intended full 

performance, which may saturate the 

surface. Therefore, simple alerting 

systems function in both intended and 

unexpected control-limiting situations. 

As a result, they must be properly 

balanced between providing necessary 

crew awareness and being a potential 

nuisance to the flightcrew. A monitoring 

system that compares airplane motion 

and surface deflection with the demand 

of the pilot side stick controller could 

help reduce nuisance alerting. 

These special conditions also address 

flight control system mode 

annunciation. It proposes suitable mode 

annunciation be provided to the 

flightcrew for events that significantly 

change the operating mode of the 

system but do not merit the classic 

‘‘failure warning.’’ 

These special conditions establish a 

level of safety equivalent to that 

provided by a conventional flight 

control system and existing regulations. 

Applicability 

As discussed above, these special 

conditions are applicable to the Models 

BD–500–1A10 and BD–500–1A11 series 

airplanes. Should Bombardier Inc. apply 

at a later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on two 

model series of airplanes. It is not a rule 

of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Bombardier Inc. Models BD–500–1A10 

and BD–500–1A11 series airplanes. 

1. Electronic Flight Control System: 

Control Surface Awareness and Mode 

Annunciation. In addition to the 

requirements of §§ 25.143, 25.671, and 

25.672, the following requirements 

apply: 

a. The system design must ensure that 

the flightcrew is made suitably aware 

whenever the primary control means 

nears the limit of control authority. 

Note: The term ‘‘suitably aware’’ 

indicates annunciations provided to the 

flightcrew are appropriately balanced 

between nuisance and that necessary for 

crew awareness. 

b. If the design of the flight control 

system has multiple modes of operation, 

a means must be provided to indicate to 

the flightcrew any mode that 

significantly changes or degrades the 

normal handling or operational 

characteristics of the airplane. 

Issued in Renton, Washington, on 

November 27, 2013. 

John Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–29685 Filed 12–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–1027; Directorate 

Identifier 2013–NM–121–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–600, 

–700, 700C, –800, –900, and –900ER 

series airplanes. This proposed AD was 

prompted by a report of installation of 

incorrect wire support clamps within 

the left and right Environmental Control 

Systems (ECS) bay area during 

production, which is a flammable 

leakage zone. Use of incorrect wire 

support clamps that are not fully 

cushioned could allow electrical power 

wiring to come in contact with the 

exposed metal of the improper clamp, 

causing a short circuit and subsequent 

electrical arcing. This proposed AD 

would require inspecting to identify the 

part number of the wire support clamp, 

and related investigative and corrective 

actions if necessary. We are proposing 

this AD to prevent electrical arcing and 

a potential ignition source, which, in 

combination with flammable fuel 

vapors, could result in a fuel tank 

explosion, and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by January 27, 2014. 

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 proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 


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2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; Internet 

https://www.myboeingfleet.com. You 

may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; 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 proposed AD, 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: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue SW., Renton, 

WA 98057–3356; phone: 425–917–6482; 

fax: 425–917–6590; email: 

georgios.roussos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2013–1027; Directorate Identifier 2013– 

NM–121–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD 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 proposed AD. 

Discussion 

We received a report of the 

installation of incorrect wire support 

clamps within the left and right 

Environmental Control Systems (ECS) 

bay area during production, which is a 

flammable leakage zone. Use of 

incorrect wire support clamps that are 

not fully cushioned could allow 

electrical power wiring to come in 

contact with the exposed metal of the 

improper clamp, causing a short circuit 

and subsequent electrical arcing. We are 

proposing this AD to prevent electrical 

arcing and a potential ignition source, 

which, in combination with flammable 

fuel vapors, could result in a fuel tank 

explosion, and consequent loss of the 

airplane. 

Related Rulemaking 

On November 18, 2010, we issued AD 

2010–24–11, Amendment 39–16530 (75 

FR 74616, December 1, 2010) for certain 

The Boeing Company Model 737–600, 

–700, –800, and –900 series airplanes. 

That AD required sealing the fasteners 

on the front end rear spars inside the 

main fuel tank and on the lower panel 

of the center fuel tank, inspecting the 

wire bundle support installation in the 

equipment cooling system bays to 

identify the type of clamp installed, and 

determine whether the Teflon sleeve 

was installed, and doing related 

corrective actions if necessary. 

On February 20, 2013, we issued AD 

2013–04–11, Amendment 39–17369 (78 

FR 14644, March 7, 2013) for certain 

The Boeing Company Model 737–600, 

–700, –800, and –900ER series 

airplanes. That AD required inspections 

to identify the part number of the wire 

support clamp, related investigative 

actions, and corrective actions if 

necessary. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 737–28– 

1312, dated April 19, 2013. For 

information on the procedures and 

compliance times, see this service 

information at http://www.regulations.

gov by searching for Docket No. FAA– 

2013–1027. The related investigative 

actions include an eddy current 

inspection of the wing front spar for 

cracking and a detailed inspection of the 

bolt forward of the wing front spar 

upper chord for cracking or missing 

bolts. The corrective actions include 

repairing cracking and replacing bolts 

with new bolts. 

FAA’s Determination 

We are proposing 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. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously. The phrase ‘‘related 

investigative actions’’ is used in this 

proposed AD. ‘‘Related investigative 

actions’’ are those actions that are 

identified as follow-on actions that are: 

(1) Related to the primary action, and (2) 

are on-condition actions that further 

investigate the nature of any condition 

found. Related investigative actions 

could include, for example, inspections. 

In addition, the phrase ‘‘corrective 

actions’’ is used in this proposed AD. 

‘‘Corrective actions’’ are those actions 

that are on-condition actions that 

correct or address any condition found. 

Corrective actions could include, for 

example, repairs, removal and 

replacement, and modifications. 

Clarification of Applicability in 

Paragraph (c) of This Proposed AD 

The NOTE specified in Paragraph 

1.A., ‘‘Effectivity,’’ of Boeing Special 

Attention Service Bulletin 737–28– 

1312, dated April 19, 2013, is in error. 

It does not impact the Variable Number 

list in paragraph 1.A.1. of that section. 

Therefore, for the applicability of this 

proposed AD, we have referred to the 

Variable Number list in paragraph 

1.A.1., ‘‘Effectivity,’’ in paragraph (c) of 

this proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

affects 519 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on 

U.S. 

operators 

Inspection ...................................... 6 work-hours × $85 per hour = $510 .................................................. $0 $510 $264,690 


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We estimate the following costs to do 

any necessary related investigative and 

corrective actions that would be 

required based on the results of the 

proposed inspection. We have no way of 

determining the number of aircraft that 

might need these actions. 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Related investigative and corrective actions.1 work-hour × $85 per hour = $85 ...................................................................... $3 $88 

According to the manufacturer, some 

of the costs of this proposed 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 costs in our 

cost estimate. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition repair of 

chafed or damaged wiring specified in 

this proposed 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. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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): 

The Boeing Company: Docket No. FAA– 

2013–1027; Directorate Identifier 2013– 

NM–121–AD. 

(a) Comments Due Date 

We must receive comments by January 27, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–600, –700, 700C, –800, –900, and 

–900ER series airplanes; certificated in any 

category; having a Variable Number 

identified in paragraph 1.A.1., Effectivity, of 

Boeing Special Attention Service Bulletin 

737–28–1312, dated April 19, 2013. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel System. 

(e) Unsafe Condition 

This AD was prompted by a report of 

installation of incorrect wire support clamps 

within the left and right Environmental 

Control Systems (ECS) bay area during 

production, which is a flammable leakage 

zone. Use of incorrect wire support clamps 

that are not fully cushioned could allow 

electrical power wiring to come in contact 

with the exposed metal of the improper 

clamp, causing a short circuit and subsequent 

electrical arcing. We are issuing this AD to 

prevent electrical arcing and a potential 

ignition source, which, in combination with 

flammable fuel vapors, could result in a fuel 

tank explosion, and consequent loss of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Related Investigative and 

Corrective Actions 

Within 60 months after the effective date 

of this AD: Do a detailed inspection to 

determine if a wire support clamp having 

part number (P/N) TA0930034–10, 

TA0930034–10P, TA0930034–11, or 

TA0930034–12P is installed, and do all 

applicable related investigative and 

corrective actions before further flight, in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–28–1312, dated April 

19, 2013. 

(h) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install a wire support clamp on 

any airplane within the ECS area defined in 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–28– 

1312, dated April 19, 2013, unless the clamp 

has P/N TA0930034–10, TA0930034–10P, 

TA0930034–11, or TA0930034–12P. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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 ACO, send it to the 

attention of the person identified in 

paragraph (j)(1) of this AD. Information may 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 


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Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Proposed Rules 75515 

of the local flight standards district office/

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact Georgios Roussos, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue SW., 

Renton, WA 98057–3356; phone: 425–917– 

6482; fax: 425–917–6590; email: 

georgios.roussos@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https://

www.myboeingfleet.com. You may view this 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

December 4, 2013. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–29593 Filed 12–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 514 and 558 

[Docket No. FDA–2010–N–0155] 

RIN 0910–AG95 

Veterinary Feed Directive 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is proposing to 

amend its animal drug regulations 

regarding veterinary feed directive 

(VFD) drugs. FDA’s VFD regulation, 

which became effective on January 8, 

2001, established requirements relating 

to the distribution and use of VFD drugs 

and animal feeds containing such drugs. 

This proposed amendment is intended 

to improve the efficiency of FDA’s VFD 

program. 

DATES: Submit either electronic or 

written comments on the proposed rule 

by March 12, 2014. Submit comments 

on information collection issues under 

the Paperwork Reduction Act of 1995 

(the PRA) by January 13, 2014, (see the 

‘‘Paperwork Reduction Act of 1995’’ 

section). 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2010–N– 

0155, by any of the following methods, 

except that comments on information 

collection issues under the PRA must be 

submitted to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) (see the 

‘‘Paperwork Reduction Act of 1995’’ 

section). 

Electronic Submissions 

Submit electronic comments in the 

following way 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following way: 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2010–N–0155 for this 

rulemaking. All comments received may 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Benz, Center for Veterinary 

Medicine (HFV–220), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–453–6864, 

email: Sharon.Benz@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. History 

B. Judicious Use Policy for Medically 

Important Antimicrobials 

II. Highlights of the Proposed Rule 

A. User-Friendly Reorganization of the 

VFD Regulation 

B. Increased Flexibility for Licensed 

Veterinarians Issuing VFDs 

C. Continued Access to Category I Type A 

Medicated Articles by Unlicensed Feed 

Mills 

D. Increased Flexibility for Food Animal 

Producers Purchasing VFD Feeds 

E. Lower Recordkeeping Burden for All 

Involved Parties 

III. Proposed Regulations 

A. Conforming Changes (Proposed 

§ 514.1(b)(9) 

B. Definitions (Proposed § 558.3(b)) 

C. General Requirements Related to VFD 

Drugs (Proposed § 558.6(a)) 

D. Responsibilities of the Veterinarian 

Issuing the VFD (Proposed § 558.6(b)) 

E. Responsibilities of the Medicated Feed 

Distributor (Proposed § 558.6(c)) 

IV. Legal Authority 

V. Preliminary Regulatory Impact Analysis 

VI. Paperwork Reduction Act of 1995 

VII. Environmental Impact 

VIII. Federalism 

IX. Comments 

Executive Summary 

Purpose of Proposed Rule 

The purpose of this rulemaking is to 

revise FDA’s VFD regulations to 

improve the efficiency of the VFD 

program. 

In 1996, Congress enacted the Animal 

Drug Availability Act (ADAA) (Pub. L. 

104–250) to facilitate the approval and 

marketing of new animal drugs and 

medicated feeds. In passing the ADAA, 

Congress created a new regulatory 

category for certain animal drugs used 

in animal feed called veterinary feed 

directive drugs or VFD drugs. VFD 

drugs are new animal drugs intended for 

use in or on animal feed which are 

limited to use under the professional 

supervision of a licensed veterinarian in 

the course of the veterinarian’s 

professional practice. FDA published 

final regulations implementing the VFDrelated provisions of the ADAA in 2000 

(see § 558.6 (21 CFR 558.6)). In the 

decade since those regulations were 

issued, stakeholders informed FDA that 

the VFD process is overly burdensome. 

In response to those concerns, FDA 

published an advance notice of 

proposed rulemaking in March 2010, 

and a draft proposed regulation in April 

2012. 

As FDA begins to implement the 

judicious use principles for medically 

important antimicrobial new animal 

drugs approved for use in foodproducing animals, based on the 

framework set forth in Guidance for 

Industry (GFI) #209 (published April 13, 

2012), it is critical that the Agency 

makes the VFD program as efficient as 

possible for stakeholders while 

maintaining adequate protection for 

human and animal health. The 

provisions included in this proposed 

rule are based on stakeholder input 

received in response to multiple 

opportunities for public comment, 

including an advance notice of 


emcdonald on DSK67QTVN1PROD with PROPOSALS