82 FR 58772 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 239 (December 14, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 239 (December 14, 2017)
| Page Range | 58772-58777 | |
| FR Document | 2017-26362 |
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)] [Proposed Rules] [Pages 58772-58777] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26362] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1100; Product Identifier 2017-NM-077-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to supersede Airworthiness Directive (AD) 2015-15- 13, which applies to certain Airbus Model A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321- 111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2015- 15-13 requires modification of the potable water service panel and waste water service panel, including doing applicable related investigative and corrective actions. Since we issued AD 2015-15-13, further investigations linked to widespread fatigue damage (WFD) analysis highlighted that, to meet the WFD requirements, it is necessary that the affected modification not be accomplished before reaching a certain threshold. This proposed AD would require modification of the waste water and potable water service panels with new compliance times. This proposed AD would also remove certain airplanes from the applicability and add Model A320-216 airplanes to the applicability. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by January 29, 2018. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425- 227-1221. Examining the AD Docket You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 1100; or in person at the Docket [[Page 58773]] 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 Operations office (telephone 800-647- 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227- 1149. 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-2017-1100; Product Identifier 2017-NM-077-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 based on 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 Fatigue damage can occur locally, in small areas or structural design details, or globally, in widespread areas. Multiple-site damage is widespread damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Widespread damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site damage and multiple-element damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane. This condition is known as WFD. It is associated with general degradation of large areas of structure with similar structural details and stress levels. As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention. The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved. The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions. In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes. We issued AD 2015-15-13, Amendment 39-18223 (80 FR 45857, August 3, 2015) (``AD 2015-15-13''), for certain Airbus Model A319 series airplanes; Model A320-211, -212, -214, -231,-232, and -233 airplanes; and Model A321 series airplanes. AD 2015-15-13 was prompted by reports of cracks that could be initiated at the waste water service panel area and the potable water service panel area. AD 2015-15-13 requires modification of the potable water service panel and waste water service panel, including doing applicable related investigative and corrective actions. We issued AD 2015-15-13 to prevent any cracking at the waste water service panel area and the potable water service panel area, which could affect the structural integrity of the airplane. Since we issued AD 2015-15-13, further investigations linked to WFD analysis highlighted that, to meet the WFD requirements, it is necessary that the affected modification is not accomplished before reaching a certain threshold by imposing a ``window of embodiment.'' The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0098, dated June 7, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus Model A319 series airplanes; Airbus Model A320-211, -212, -214, -216, -231, - 232, and -233 airplanes; and Airbus Model A321-111, -112, -131, -211, - 212, -213, -231, and -232 airplanes. The MCAI states: During the full scale fatigue test on A320-200, it was noticed that, due to fatigue, cracks could initiate at the potable water and waste water service panel areas. This condition, if not detected and corrected, could affect the structural integrity of the aeroplane. Prompted by these findings, Airworthiness Limitation Section (ALS) Part 2 tasks were introduced for the affected aeroplanes. Since those actions were taken, Airbus developed production mod 160055 and mod 160056 to embody reinforcements (cold working on certain rivet rows) of the potable water and waste water service panels, and published associated Airbus Service Bulletin (SB) A320- 53-1272 and Airbus SB A320-53-1267 for in-service embodiment. Complementary design office studies highlighted that the ``Sharklets'' installation on certain aeroplanes has a significant impact on the aeroplane structure (particularly, A319 and A320 post- mod 160001, A320 post-SB A320-57-1193 (mod 160080), and A321 post- mod 160021), leading to different compliance times, depending on aeroplane configuration. Consequently, EASA issued AD 2014-0081 [which corresponds to FAA AD 2015-15-13] to require reinforcement of the potable water and waste water service panels. Accomplishment of these modifications cancelled the need for the related ALS Part 2 Tasks. Since that AD was issued, further investigations linked to the Widespread Fatigue Damage (WFD) analysis highlighted that, to meet the WFD requirements, it is necessary that the affected modification is not accomplished before reaching a certain threshold, by imposing a so-called ``window of embodiment''. Consequently, Airbus revised SB A320-53-1272 (now at revision (Rev.) 04) and SB A320-53-1267 (now at Rev. 05). For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2014-0081, which is superseded, and introduces additional compliance times for those actions. This proposed AD would also remove Model A319 series airplanes on which modification 28162, 28238, and 28342 have been embodied (``Corporate Jet'' modifications) from the applicability because production modifications [[Page 58774]] mitigated the risk associated with the unsafe condition. This proposed AD would also add Model A320-216 airplanes to the applicability because those airplanes are affected by the identified unsafe condition. You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 1100. Related Service Information Under 1 CFR Part 51 Airbus has issued Service Bulletin A320-53-1267, Revision 05, dated November 29, 2016, which describes procedures for modifying the waste water service panel. Airbus has also issued Service Bulletin A320-53- 1272, Revision 04, dated November 29, 2016, which describes procedures for modifying the potable water service panel. Both modifications include a check of the diameter of the holes of removed fasteners, a related investigative action (rotating probe inspection for cracking on the holes of the removed fasteners) and a corrective action (repair). This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Explanation of Compliance Time The compliance time for the replacement specified in this proposed AD for addressing WFD was established to ensure that discrepant structure is replaced before WFD develops in airplanes. Standard inspection techniques cannot be relied on to detect WFD before it becomes a hazard to flight. We will not grant any extensions of the compliance time to complete any AD-mandated service bulletin related to WFD without extensive new data that would substantiate and clearly warrant such an extension. Costs of Compliance We estimate that this proposed AD affects 851 airplanes of U.S. registry. We also estimate that it would take about 27 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $700 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $2,548,745, or $2,995 per product. We have received no definitive data that would enable us to provide cost estimates for the on-condition actions 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Regulatory Findings 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 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 2015-15-13, Amendment 39-18223 (80 FR 45857, August 3, 2015), and adding the following new AD: Airbus: Docket No. FAA-2017-1100; Product Identifier 2017-NM-077-AD. (a) Comments Due Date We must receive comments by January 29, 2018. (b) Affected ADs This AD replaces AD 2015-15-13, Amendment 39-18223 (80 FR 45857, August 3, 2015) (``AD 2015-15-13''). (c) Applicability This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, except for those airplanes on which Airbus modification 160055 or modification 160056 has been embodied in production, and except for Model A319 series airplanes on which modification 28162, 28238, and 28342 have been embodied (``Corporate Jet''). (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (2) Airbus Model A320-211, -212, -214, -216, -231, -232, and - 233 airplanes. (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by an evaluation by the design approval holder (DAH) indicating [[Page 58775]] that the potable water and waste water service panel areas are subject to widespread fatigue damage (WFD). We are issuing this AD to prevent cracking of the potable water and waste water service panel areas, 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) Modification of the Potable Water Service Panel (1) Within the compliance times specified in Table 1 to paragraphs (g)(1) and (i) of this AD, as applicable, modify the potable water service panel, including doing a check of the diameter of the holes of removed fasteners, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-53-1272, Revision 04, dated November 29, 2016, except as required by paragraph (g)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Table 1 to Paragraphs (g)(1) and (i) of This AD--Compliance Times for the Portable Water Service Panel Reinforcement ---------------------------------------------------------------------------------------------------------------- Compliance time maximum (before the accumulation of Affected airplanes * Compliance time minimum ** the specified total flight cycles since the airplane's first flight) ---------------------------------------------------------------------------------------------------------------- A319, pre-modification 160001 and pre-service 33,100 total flight cycles... 48,500 total flight cycles. bulletin A320-57-1193. A319, post-modification 160001 or post-service None......................... 46,000 total flight cycles. bulletin A320-57-1193. A320, pre-modification 160001 and pre-service 25,100 total flight cycles... 54,200 total flight cycles. bulletin A320-57-1193. A320, post-modification 160001 or post-service None......................... 48,300 total flight cycles. bulletin A320-57-1193. A321-100.......................................... 25,100 total flight cycles... 60,000 total flight cycles. A321-200 pre[dash]modification 160021............. 22,100 total flight cycles... 60,000 total flight cycles. A321-200 post[dash]modification 160021............ None......................... 60,000 total flight cycles. ---------------------------------------------------------------------------------------------------------------- * A321-111, A321-112 and A321[dash]131 airplanes are collectively referred to as ``A321-100.'' Similarly, A321- 211, A321-212, A321-213, A321-231 and A321-232 airplanes are collectively referred to as ``A321[dash]200''. ** Not before accumulating the specified total flight cycles since the airplane's first flight. (2) Where Airbus Service Bulletin A320-53-1272, Revision 04, dated November 29, 2016, specifies to contact Airbus for appropriate action, and specifies that action as ``RC'' (Required for Compliance): Before further flight, accomplish corrective actions in accordance with the procedures specified in paragraph (m)(2) of this AD. (h) Modification of the Waste Water Service Panel (1) Within the compliance times specified in Table 2 to paragraphs (h)(1) and (i) of this AD, as applicable, modify the waste water service panel, including doing a check of the diameter of the holes of removed fasteners, and do all applicable related investigative and corrective actions in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-53-1267, Revision 05, dated November 29, 2016, except as required by paragraph (h)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Table 2 to Paragraphs (h)(1) and (i) of This AD--Compliance Times for the Waste Water Service Panel Reinforcement ---------------------------------------------------------------------------------------------------------------- Affected airplanes * Compliance time minimum ** Compliance time maximum ---------------------------------------------------------------------------------------------------------------- A319, pre-modification 160001 28,600 total flight cycles..................... Before the accumulation of and pre-service bulletin A320- 44,400 total flight cycles 57-1193. since the airplane's first flight. A319, post-modification 160001 None........................................... Before the accumulation of or post-service bulletin A320- 43,600 total flight cycles 57-1193. since the airplane's first flight. A320, pre-modification 160001 35,800 total flight cycles..................... Before the accumulation of and pre-service bulletin A320- 46,000 total flight cycles 57-1193. since the airplane's first flight; or within 2,300 flight cycles since the last accomplishment of Airworthiness Limitation Section (ALS) Part 2 Task 534126-01-3 without exceeding 48,000 total flight cycles since the airplane's first flight; whichever occurs later. A320, post-modification 160001 5,400 total flight cycles...................... Before the accumulation of or post-service bulletin A320- 39,200 total flight cycles 57-1193. since the airplane's first flight. A321-100...................... 36,900 total flight cycles..................... Before the accumulation of 52,500 total flight cycles since the airplane's first flight. A321-200 pre-modification 35,700 total flight cycles..................... Before the accumulation of 160021. 53,500 total flight cycles since the airplane's first flight. A321-200 post-modification None........................................... Before the accumulation of 160021. 51,200 total flight cycles since the airplane's first flight. ---------------------------------------------------------------------------------------------------------------- * A321-111, A321-112 and A321-131 airplanes are collectively referred to as ``A321-100.'' Similarly, A321-211, A321-212, A321-213, A321-231 and A321-232 airplanes are collectively referred to as ``A321-200''. ** Not before accumulating the specified total flight cycles since the airplane's first flight. (2) Where Airbus Service Bulletin A320-53-1267, Revision 05, dated November 29, 2016, specifies to contact Airbus for appropriate action, and specifies that action as ``RC'' (Required for Compliance): Before further flight, accomplish corrective actions in accordance with the procedures specified in paragraph (m)(2) of this AD. (i) Corrective Action for Airplanes With Certain Modifications For airplanes on which the modification, as required by paragraph (g) or (h) of this AD, [[Page 58776]] as applicable, was accomplished before reaching the applicable minimum compliance time as defined in Table 1 to paragraphs (g)(1) and (i) of this AD or Table 2 to paragraphs (h)(1) and (i) of this AD: Before exceeding 60,000 flight cycles since the airplane's first flight, contact the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA) for approved corrective action instructions and accomplish those instructions accordingly. (j) Terminating Action for Airplanes on Which the Potable Water Service Panel Modification Is Done Modification of an airplane as required by paragraph (g) of this AD terminates the requirement for accomplishing the ALS Part 2 task for that airplane as specified in Table 3 to paragraph (j) of this AD, as applicable. Table 3 to Paragraph (j) of This AD--ALS Part 2 Task Terminated After Potable Water Service Panel Modification ------------------------------------------------------------------------ ALS Part 2 Affected airplanes task No. ------------------------------------------------------------------------ A319, pre-modification 160001 and pre-service bulletin 534125-01-2 A320-57-1193........................................... A319, post-modification 160001 or post-service bulletin 534125-01-5 A320-57-1193........................................... A320, pre-modification 160001 and pre-service bulletin 534125-01-3 A320-57-1193........................................... A320, post-modification 160001 or post-service bulletin 534125-01-6 A320-57-1193........................................... A321 pre-modification 160021............................ 534125-01-4 A321 post-modification 160021........................... 534125-01-7 ------------------------------------------------------------------------ (k) Terminating Action for Airplanes on Which the Waste Water Service Panel Modification Is Done Modification of an airplane as required by paragraph (h) of this AD terminates the requirement for accomplishing the ALS Part 2 task for that airplane as specified in Table 4 to paragraph (k) of this AD, as applicable. Table 4 to Paragraph (k) of This AD--ALS Part 2 Task Terminated After Waste Water Service Panel Modification ------------------------------------------------------------------------ ALS Part 2 Affected airplanes task No. ------------------------------------------------------------------------ A319, pre-modification 160001 and pre-service bulletin 534126-01-2 A320[dash]57-1193...................................... A319, post-modification 160001 or post-service bulletin 534126-01-5 A320[dash]57-1193...................................... A320, pre-modification 160001 and pre-service bulletin 534126-01-3 A320[dash]57-1193...................................... A320, post-modification 160001 or post-service bulletin 534126-01-6 A320[dash]57-1193...................................... A321 pre-modification 160021............................ 534126-01-4 A321 post-modification 160021........................... 534126-01-7 ------------------------------------------------------------------------ (l) Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraph (g) of this AD if those actions were performed before the effective date of this AD using the service information in paragraphs (l)(1)(i) through (l)(1)(iv) of this AD. (i) Airbus Service Bulletin A320-53-1272, Revision 00, dated January 10, 2013, which is not incorporated by reference in this AD. (ii) Airbus Service Bulletin A320-53-1272, Revision 01, dated August 6, 2013, which is not incorporated by reference in this AD. (iii) Airbus Service Bulletin A320-53-1272, Revision 02, dated May 19, 2014, which was incorporated by reference in AD 2015-15-13. (iv) Airbus Service Bulletin A320-53-1272, Revision 03, dated November 26, 2015, which is not incorporated by reference in this AD. (2) This paragraph provides credit for actions required by paragraph (h) of this AD if those actions were performed before the effective date of this AD using the service information in paragraphs (l)(2)(i) through (l)(2)(v) of this AD. (i) Airbus Service Bulletin A320-53-1267, Revision 00, dated June 24, 2013, which is not incorporated by reference in this AD. (ii) Airbus Service Bulletin A320-53-1267, Revision 01, dated October 2, 2013, which is not incorporated by reference in this AD. (iii) Airbus Service Bulletin A320-53-1267, Revision 02, dated May 19, 2014, which was incorporated by reference in AD 2015-15-13. (iv) Airbus Service Bulletin A320-53-1267, Revision 03, dated November 26, 2015, which is not incorporated by reference in this AD. (v) Airbus Service Bulletin A320-53-1267, Revision 04, dated February 1, 2016, which is not incorporated by reference in this AD. (m) Other FAA AD Provisions (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards 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 International Section, send it to the attention of the person identified in paragraph (n)(2) of this AD. Information may be emailed to: [email protected]. 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. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraphs (g)(2) and (h)(2) of this AD: If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified 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 procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or [[Page 58777]] changes to procedures or tests identified as RC require approval of an AMOC. (n) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017-0098, dated June 7, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1100. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. (3) For service information identified in this AD, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Issued in Renton, Washington, on November 29, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-26362 Filed 12-13-17; 8:45 am] BILLING CODE 4910-13-P
![58772 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules
amount and percent of capital measure is directors resolution indicating its board’s SUMMARY: We propose to supersede
designed to limit the filing exemption to approval of that level. * * * Airworthiness Directive (AD) 2015–15–
institutions that create only low-dollar risks * * * * * 13, which applies to certain Airbus
to the Reserve Banks and that incur small
2. Streamlined Procedure for Certain FBOs Model A319 series airplanes; Model
overdrafts relative to their capital measure.
* * * An FBO that is well capitalized (calculated
A320–211, –212, –214, –231, –232, and
as if the FBO were subject to the Board’s –233 airplanes; and Model A321–111,
* * * * *
Regulation H 75) and has a self-assessed net –112, –131, –211, –212, –213, –231, and
3. Capital Measure debit cap may request from its Reserve Bank –232 airplanes. AD 2015–15–13 requires
* * * * * a streamlined procedure to obtain a modification of the potable water
b. U.S. Branches and Agencies for Foreign maximum daylight overdraft capacity. These service panel and waste water service
Banks FBOs are not required to provide panel, including doing applicable
documentation of the business need or obtain related investigative and corrective
For U.S. branches and agencies of foreign
the board of directors’ resolution for actions. Since we issued AD 2015–15–
banks, net debit caps on daylight overdrafts
collateralized capacity in an amount that
in Federal Reserve accounts are calculated by
exceeds its current net debit cap (which is
13, further investigations linked to
applying the cap multiples for each cap widespread fatigue damage (WFD)
based on 10 percent worldwide capital times
category to the FBO’s U.S. capital analysis highlighted that, to meet the
its cap multiple), as long as the requested
equivalency measure.69 U.S. capital WFD requirements, it is necessary that
total capacity is 100 percent or less of
equivalency is equal to 10 percent of
worldwide capital for FBOs.70
worldwide capital times a self-assessed cap the affected modification not be
multiple.76 In order to ensure that intraday accomplished before reaching a certain
An FBO that is well capitalized (calculated
liquidity risk is managed appropriately and threshold. This proposed AD would
as if the FBO were subject to the Board’s
that the FBO will be able to repay daylight require modification of the waste water
Regulation H 71) may be eligible for a
overdrafts, eligible FBOs under the and potable water service panels with
streamlined procedure (see section II.E.) for
streamlined procedure will be subject to
obtaining additional collateralized intraday
initial and periodic reviews of liquidity plans
new compliance times. This proposed
credit under the maximum daylight overdraft AD would also remove certain airplanes
that are analogous to the liquidity reviews
capacity provision. from the applicability and add Model
undergone by U.S. institutions.77 If an
* * * * * eligible FBO requests capacity in excess of A320–216 airplanes to the applicability.
100 percent of worldwide capital times the We are proposing this AD to address the
Revisions to Section II.E of the PSR self-assessed cap multiple, it would be unsafe condition on these products.
Policy subject to the general procedure. DATES: We must receive comments on
The Board proposes to revise Section * * * * * this proposed AD by January 29, 2018.
II.E of the ‘‘Federal Reserve Policy on By order of the Board of Governors of the ADDRESSES: You may send comments,
Payment System Risk’’ as follows: Federal Reserve System, December 8, 2017. using the procedures found in 14 CFR
Ann E. Misback, 11.43 and 11.45, by any of the following
E. Maximum Daylight Overdraft Capacity
Secretary of the Board. methods:
* * * * * [FR Doc. 2017–26923 Filed 12–13–17; 8:45 am] • Federal eRulemaking Portal: Go to
1. General Procedure BILLING CODE 6210–01–P http://www.regulations.gov. Follow the
An institution with a self-assessed net instructions for submitting comments.
debit cap that wishes to expand its daylight • Fax: 202–493–2251.
overdraft capacity by pledging collateral
DEPARTMENT OF TRANSPORTATION • Mail: U.S. Department of
should consult with its administrative Transportation, Docket Operations, M–
Reserve Bank. The Reserve Bank will work 30, West Building Ground Floor, Room
Federal Aviation Administration
with an institution that requests additional W12–140, 1200 New Jersey Avenue SE,
daylight overdraft capacity to determine the Washington, DC 20590.
appropriate maximum daylight overdraft 14 CFR Part 39
capacity level. In considering the
• Hand Delivery: Deliver to Mail
[Docket No. FAA–2017–1100; Product address above between 9 a.m. and 5
institution’s request, the Reserve Bank will Identifier 2017–NM–077–AD]
evaluate the institution’s rationale for p.m., Monday through Friday, except
requesting additional daylight overdraft RIN 2120–AA64 Federal holidays.
capacity as well as its financial and For service information identified in
supervisory information. The financial and Airworthiness Directives; Airbus this NPRM, contact Airbus,
supervisory information considered may Airplanes Airworthiness Office—EIAS, 1 Rond
include, but is not limited to, capital and Point Maurice Bellonte, 31707 Blagnac
liquidity ratios, the composition of balance AGENCY: Federal Aviation Cedex, France; telephone +33 5 61 93 36
sheet assets, and CAMELS or other Administration (FAA), DOT. 96; fax +33 5 61 93 44 51; email
supervisory ratings and assessments. An ACTION: Notice of proposed rulemaking
institution approved for a maximum daylight account.airworth-eas@airbus.com;
overdraft capacity level must submit at least
(NPRM). internet http://www.airbus.com. You
once in each twelve-month period a board of may view this referenced service
75 See12 CFR 208.43(b). information at the FAA, Transport
69 The
term ‘‘U.S. capital equivalency’’ is used in 76 Forexample, an FBO that is well capitalized is Standards Branch, 1601 Lind Avenue
this context to refer the particular measure calculate eligible for uncollateralized capacity of 10 percent SW, Renton, WA. For information on
net debit caps and does not necessarily represent of worldwide capital times the cap multiple. The the availability of this material at the
sradovich on DSK3GMQ082PROD with PROPOSALS
an appropriate for supervisory or other purposes. streamlined max cap procedure would provide such
70 FBOs that wish to establish a non-zero net debit an institution with additional collateralized
FAA, call 425–227–1221.
cap must report their worldwide capital on the capacity of 90 percent of worldwide capital times Examining the AD Docket
Annual Daylight Overdraft Capital Report for U.S. the cap multiple. As noted above, FBOs report their
Branches and Agencies of Foreign Banks (FR 2225). worldwide capital on the Annual Daylight You may examine the AD docket on
The instructions for FR explain how FBOs should Overdraft Capital Report for U.S. Branches and the internet at http://
calculate their worldwide capital. See https:// Agencies of Foreign Banks (FR 2225).
www.federalreserve.gov/apps/reportforms/ 77 The liquidity reviews will be conducted by the www.regulations.gov by searching for
reportdetail.aspx?sOoYJ+5BzDZ1kLYTc+ZpEQ==. administrative Reserve Bank, in consultation with and locating Docket No. FAA–2017–
71 See 12 CFR 208.43(b). each FBO’s home country supervisor. 1100; or in person at the Docket
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![Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules 58773
Management Facility between 9 a.m. The FAA’s WFD final rule (75 FR accomplished before reaching a certain
and 5 p.m., Monday through Friday, 69746, November 15, 2010) became threshold by imposing a ‘‘window of
except Federal holidays. The AD docket effective on January 14, 2011. The WFD embodiment.’’
contains this proposed AD, the rule requires certain actions to prevent The European Aviation Safety Agency
regulatory evaluation, any comments structural failure due to WFD (EASA), which is the Technical Agent
received, and other information. The throughout the operational life of for the Member States of the European
street address for the Docket Operations certain existing transport category Union, has issued EASA Airworthiness
office (telephone 800–647–5527) is in airplanes and all of these airplanes that Directive 2017–0098, dated June 7, 2017
the ADDRESSES section. Comments will will be certificated in the future. For (referred to after this as the Mandatory
be available in the AD docket shortly existing and future airplanes subject to Continuing Airworthiness Information,
after receipt. the WFD rule, the rule requires that or ‘‘the MCAI’’), to correct an unsafe
FOR FURTHER INFORMATION CONTACT: DAHs establish a limit of validity (LOV) condition for certain Airbus Model
Sanjay Ralhan, Aerospace Engineer, of the engineering data that support the A319 series airplanes; Airbus Model
International Section, Transport structural maintenance program. A320–211, –212, –214, –216, –231,
Standards Branch, FAA, 1601 Lind Operators affected by the WFD rule may –232, and –233 airplanes; and Airbus
Avenue SW, Renton, WA 98057–3356; not fly an airplane beyond its LOV, Model A321–111, –112, –131, –211,
telephone 425–227–1405; fax 425–227– unless an extended LOV is approved. –212, –213, –231, and –232 airplanes.
1149. The WFD rule (75 FR 69746, The MCAI states:
SUPPLEMENTARY INFORMATION: November 15, 2010) does not require
During the full scale fatigue test on A320–
identifying and developing maintenance 200, it was noticed that, due to fatigue, cracks
Comments Invited actions if the DAHs can show that such could initiate at the potable water and waste
We invite you to send any written actions are not necessary to prevent water service panel areas.
relevant data, views, or arguments about WFD before the airplane reaches the This condition, if not detected and
this proposal. Send your comments to LOV. Many LOVs, however, do depend corrected, could affect the structural integrity
an address listed under the ADDRESSES on accomplishment of future of the aeroplane.
maintenance actions. As stated in the Prompted by these findings, Airworthiness
section. Include ‘‘Docket No. FAA– Limitation Section (ALS) Part 2 tasks were
2017–1100; Product Identifier 2017– WFD rule, any maintenance actions
introduced for the affected aeroplanes. Since
NM–077–AD’’ at the beginning of your necessary to reach the LOV will be those actions were taken, Airbus developed
comments. We specifically invite mandated by airworthiness directives production mod 160055 and mod 160056 to
comments on the overall regulatory, through separate rulemaking actions. embody reinforcements (cold working on
economic, environmental, and energy In the context of WFD, this action is certain rivet rows) of the potable water and
aspects of this proposed AD. We will necessary to enable DAHs to propose waste water service panels, and published
consider all comments received by the LOVs that allow operators the longest associated Airbus Service Bulletin (SB)
closing date and may amend this operational lives for their airplanes, and A320–53–1272 and Airbus SB A320–53–1267
still ensure that WFD will not occur. for in-service embodiment. Complementary
proposed AD based on those comments. design office studies highlighted that the
We will post all comments we This approach allows for an
‘‘Sharklets’’ installation on certain aeroplanes
receive, without change, to http:// implementation strategy that provides
has a significant impact on the aeroplane
www.regulations.gov, including any flexibility to DAHs in determining the structure (particularly, A319 and A320 post-
personal information you provide. We timing of service information mod 160001, A320 post-SB A320–57–1193
will also post a report summarizing each development (with FAA approval), (mod 160080), and A321 post-mod 160021),
substantive verbal contact we receive while providing operators with certainty leading to different compliance times,
about this proposed AD. regarding the LOV applicable to their depending on aeroplane configuration.
airplanes. Consequently, EASA issued AD 2014–0081
Discussion We issued AD 2015–15–13, [which corresponds to FAA AD 2015–15–13]
Fatigue damage can occur locally, in Amendment 39–18223 (80 FR 45857, to require reinforcement of the potable water
August 3, 2015) (‘‘AD 2015–15–13’’), for and waste water service panels.
small areas or structural design details, Accomplishment of these modifications
or globally, in widespread areas. certain Airbus Model A319 series cancelled the need for the related ALS Part
Multiple-site damage is widespread airplanes; Model A320–211, –212, –214, 2 Tasks.
damage that occurs in a large structural –231,–232, and –233 airplanes; and Since that AD was issued, further
element such as a single rivet line of a Model A321 series airplanes. AD 2015– investigations linked to the Widespread
lap splice joining two large skin panels. 15–13 was prompted by reports of Fatigue Damage (WFD) analysis highlighted
Widespread damage can also occur in cracks that could be initiated at the that, to meet the WFD requirements, it is
multiple elements such as adjacent waste water service panel area and the necessary that the affected modification is
frames or stringers. Multiple-site potable water service panel area. AD not accomplished before reaching a certain
threshold, by imposing a so-called ‘‘window
damage and multiple-element damage 2015–15–13 requires modification of the
of embodiment’’. Consequently, Airbus
cracks are typically too small initially to potable water service panel and waste revised SB A320–53–1272 (now at revision
be reliably detected with normal water service panel, including doing (Rev.) 04) and SB A320–53–1267 (now at
inspection methods. Without applicable related investigative and Rev. 05).
intervention, these cracks will grow, corrective actions. We issued AD 2015– For the reasons described above, this
and eventually compromise the 15–13 to prevent any cracking at the [EASA] AD retains the requirements of EASA
structural integrity of the airplane. This waste water service panel area and the AD 2014–0081, which is superseded, and
sradovich on DSK3GMQ082PROD with PROPOSALS
condition is known as WFD. It is potable water service panel area, which introduces additional compliance times for
associated with general degradation of those actions.
could affect the structural integrity of
large areas of structure with similar the airplane. This proposed AD would also remove
structural details and stress levels. As Since we issued AD 2015–15–13, Model A319 series airplanes on which
an airplane ages, WFD will likely occur, further investigations linked to WFD modification 28162, 28238, and 28342
and will certainly occur if the airplane analysis highlighted that, to meet the have been embodied (‘‘Corporate Jet’’
is operated long enough without any WFD requirements, it is necessary that modifications) from the applicability
intervention. the affected modification is not because production modifications
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![58774 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules
mitigated the risk associated with the Costs of Compliance 1. Is not a ‘‘significant regulatory
unsafe condition. This proposed AD We estimate that this proposed AD action’’ under Executive Order 12866;
would also add Model A320–216 affects 851 airplanes of U.S. registry. 2. Is not a ‘‘significant rule’’ under the
airplanes to the applicability because We also estimate that it would take DOT Regulatory Policies and Procedures
those airplanes are affected by the about 27 work-hours per product to (44 FR 11034, February 26, 1979);
identified unsafe condition. comply with the basic requirements of 3. Will not affect intrastate aviation in
You may examine the MCAI in the this proposed AD. The average labor Alaska; and
AD docket on the internet at http:// rate is $85 per work-hour. Required 4. Will not have a significant
www.regulations.gov by searching for parts would cost about $700 per economic impact, positive or negative,
and locating Docket No. FAA–2017– product. Based on these figures, we on a substantial number of small entities
1100. estimate the cost of this proposed AD on under the criteria of the Regulatory
U.S. operators to be $2,548,745, or Flexibility Act.
Related Service Information Under 1
$2,995 per product. List of Subjects in 14 CFR Part 39
CFR Part 51 We have received no definitive data
Air transportation, Aircraft, Aviation
Airbus has issued Service Bulletin that would enable us to provide cost
safety, Incorporation by reference,
A320–53–1267, Revision 05, dated estimates for the on-condition actions
Safety.
November 29, 2016, which describes specified in this proposed AD.
procedures for modifying the waste The Proposed Amendment
Authority for This Rulemaking
water service panel. Airbus has also Accordingly, under the authority
issued Service Bulletin A320–53–1272, Title 49 of the United States Code
specifies the FAA’s authority to issue delegated to me by the Administrator,
Revision 04, dated November 29, 2016, the FAA proposes to amend 14 CFR part
which describes procedures for rules on aviation safety. Subtitle I,
section 106, describes the authority of 39 as follows:
modifying the potable water service
panel. Both modifications include a the FAA Administrator. ‘‘Subtitle VII: PART 39—AIRWORTHINESS
check of the diameter of the holes of Aviation Programs,’’ describes in more DIRECTIVES
removed fasteners, a related detail the scope of the Agency’s
investigative action (rotating probe authority. ■ 1. The authority citation for part 39
We are issuing this rulemaking under continues to read as follows:
inspection for cracking on the holes of
the authority described in ‘‘Subtitle VII,
the removed fasteners) and a corrective Authority: 49 U.S.C. 106(g), 40113, 44701.
Part A, Subpart III, Section 44701:
action (repair). This service information
General requirements.’’ Under that § 39.13 [Amended]
is reasonably available because the
section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by
interested parties have access to it
promoting safe flight of civil aircraft in removing Airworthiness Directive (AD)
through their normal course of business
air commerce by prescribing regulations 2015–15–13, Amendment 39–18223 (80
or by the means identified in the for practices, methods, and procedures
ADDRESSES section. FR 45857, August 3, 2015), and adding
the Administrator finds necessary for the following new AD:
FAA’s Determination and Requirements safety in air commerce. This regulation
is within the scope of that authority Airbus: Docket No. FAA–2017–1100; Product
of This Proposed AD Identifier 2017–NM–077–AD.
because it addresses an unsafe condition
This product has been approved by that is likely to exist or develop on (a) Comments Due Date
the aviation authority of another products identified in this rulemaking We must receive comments by January 29,
country, and is approved for operation action. 2018.
in the United States. Pursuant to our This AD is issued in accordance with
bilateral agreement with the State of (b) Affected ADs
authority delegated by the Executive
Design Authority, we have been notified Director, Aircraft Certification Service, This AD replaces AD 2015–15–13,
of the unsafe condition described in the as authorized by FAA Order 8000.51C. Amendment 39–18223 (80 FR 45857, August
MCAI and service information 3, 2015) (‘‘AD 2015–15–13’’).
In accordance with that order, issuance
referenced above. We are proposing this of ADs is normally a function of the (c) Applicability
AD because we evaluated all pertinent Compliance and Airworthiness This AD applies to the airplanes identified
information and determined an unsafe Division, but during this transition in paragraphs (c)(1), (c)(2), and (c)(3) of this
condition exists and is likely to exist or period, the Executive Director has AD, certificated in any category, except for
develop on other products of the same delegated the authority to issue ADs those airplanes on which Airbus
type design. applicable to transport category modification 160055 or modification 160056
airplanes to the Director of the System has been embodied in production, and except
Explanation of Compliance Time for Model A319 series airplanes on which
Oversight Division. modification 28162, 28238, and 28342 have
The compliance time for the
replacement specified in this proposed Regulatory Findings been embodied (‘‘Corporate Jet’’).
(1) Airbus Model A319–111, –112, –113,
AD for addressing WFD was established We determined that this proposed AD –114, –115, –131, –132, and –133 airplanes.
to ensure that discrepant structure is would not have federalism implications (2) Airbus Model A320–211, –212, –214,
replaced before WFD develops in under Executive Order 13132. This –216, –231, –232, and –233 airplanes.
airplanes. Standard inspection proposed AD would not have a
sradovich on DSK3GMQ082PROD with PROPOSALS
(3) Airbus Model A321–111, –112, –131,
techniques cannot be relied on to detect substantial direct effect on the States, on –211, –212, –213, –231, and –232 airplanes.
WFD before it becomes a hazard to the relationship between the national (d) Subject
flight. We will not grant any extensions Government and the States, or on the
of the compliance time to complete any Air Transport Association (ATA) of
distribution of power and America Code 53, Fuselage.
AD-mandated service bulletin related to responsibilities among the various
WFD without extensive new data that levels of government. (e) Reason
would substantiate and clearly warrant For the reasons discussed above, I This AD was prompted by an evaluation by
such an extension. certify this proposed regulation: the design approval holder (DAH) indicating
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![Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules 58777
changes to procedures or tests identified as DATES: Amendatory instructions 3 security screening, (3) baggage, (4) in-
RC require approval of an AMOC. through 6 of the proposed rule flight medical equipment, (5) in-flight
(n) Related Information published July 15, 2011 (76 FR 41726), entertainment/internet access, (6) sleep
(1) Refer to Mandatory Continuing
are withdrawn as of December 14, 2017. sets, (7) in-flight food/non-alcoholic
Airworthiness Information (MCAI) EASA ADDRESSES: Electronic Access: You can drinks, (8) alcoholic drinks, (9) pets,
Airworthiness Directive 2017–0098, dated view and download related documents (10) seating assignments, (11)
June 7, 2017, for related information. This and public comments by going to the reservation cancellation and change
MCAI may be found in the AD docket on the website http://www.regulations.gov. fees; (12) charges for lost ticket; (13)
internet at http://www.regulations.gov by Enter the docket number DOT–RITA– unaccompanied minor/passenger
searching for and locating Docket No. FAA– 2011–0001 in the search field. assistance fee; (14) frequent flyer points/
2017–1100. points acceleration; (15) commissions
(2) For more information about this AD, FOR FURTHER INFORMATION CONTACT:
Zeenat Iqbal and Blane A. Workie, on travel packages; (16) travel
contact Sanjay Ralhan, Aerospace Engineer, insurance; (17) duty-free and retail
International Section, Transport Standards Office of Aviation Enforcement and
sales; (18) one-time access to lounges
Branch, FAA, 1601 Lind Avenue SW, Proceedings, 1200 New Jersey SE, Room
Renton, WA 98057–3356; telephone 425– and (19) other.
W96–414, Washington, DC 20590, (202)
227–1405; fax 425–227–1149. 366–9893, zeenat.iqbal@dot.gov (email). Comments Received
(3) For service information identified in
SUPPLEMENTARY INFORMATION: In response to the 2011 NPRM, the
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice Background Department received approximately 280
Bellonte, 31707 Blagnac Cedex, France; comments from airlines, airports, trade
telephone +33 5 61 93 36 96; fax +33 5 61 On July 7, 2011, the Office of the associations, unions, consumer groups
93 44 51; email account.airworth-eas@ Secretary issued a notice of proposed and private citizens who use this data.
airbus.com; Internet http://www.airbus.com. rulemaking (NPRM) proposing to collect There was wide support among
You may view this service information at the detailed information about ancillary fees consumers and consumer rights groups
FAA, Transport Standards Branch, 1601 Lind paid by airline consumers to determine for the proposed rule’s reporting
Avenue SW, Renton, WA. For information on the total amount of fees carriers collect
the availability of this material at the FAA,
requirements. Consumers and consumer
through the a la carte pricing approach rights groups, as well as ACI–NA and
call 425–227–1221.
for optional services related to air Southwest Airlines, commented that the
Issued in Renton, Washington, on transportation. The Department also reporting requirement would bring the
November 29, 2017. proposed to alter its matrix for benefits of both increased transparency
Jeffrey E. Duven, collecting and publishing data on and improved data corroboration
Director, System Oversight Division, Aircraft mishandled baggage and to collect regarding the impact of ancillary fees on
Certification Service. information regarding damage, delay or the Airport and Airway Trust Fund.
[FR Doc. 2017–26362 Filed 12–13–17; 8:45 am] loss of wheelchairs and scooters On the other hand, most airlines and
BILLING CODE 4910–13–P transported in the aircraft cargo industry organizations commented that
compartment. The final rule relating to the proposed rule will not benefit the
reporting of data for mishandled public because the Department has not
DEPARTMENT OF TRANSPORTATION baggage and wheelchairs (2104–AE41) demonstrated a need for this
was issued on November 2, 2016 (81 FR information. They asserted that the rule
Office of the Secretary 76300). We are withdrawing the other will not increase the transparency of
topic covered in the proposed rule, the pricing for airline revenues. Airlines
14 CFR Part 241 reporting of airline fee revenue. also commented that if the justification
[Docket No. RITA–2011–0001] for this rule is to tax ancillary revenues,
The NPRM
the Department must state that
RIN 2105–AE31 In the NPRM, the Department justification. In addition, several airlines
proposed to create two stand-alone and industry groups suggested that the
Ancillary Airline Passenger Revenues
reporting forms, designated P–9 and P– Department underestimated the
AGENCY: Office of the Secretary, 9.1, to capture ancillary revenues. proposed rule’s economic burden on
Department of Transportation. Specifically, air carriers with annual industry.
ACTION: Proposed rule; withdrawal. reporting revenue of $20 million or With regard to the proposed 19
more would be required to submit the categories, industry groups, consumer
SUMMARY: The Department of P–9 form quarterly and air carriers with groups and airlines commented that the
Transportation (the Department) is annual reporting revenue below $20 Department failed to justify the
withdrawing a notice of proposed million would be required to submit the proposed categories and suggested
rulemaking (NPRM) published on July form P–9.1 on a semiannual basis. The various changes to the list of 19 charges
15, 2011 that proposed to collect information required by the two for which air carriers would have to
detailed revenue information regarding proposed schedules was identical; they report revenues under the proposed
airline imposed fees from those air differed only in the required reporting rule. Carriers also expressed concern
carriers meeting the definition of a large frequency. The NPRM also proposed to that the proposed reporting
certificated air carrier. We are define ancillary revenues as those requirements would require carriers to
withdrawing this rulemaking in light of charges paid by airline passengers that reveal proprietary information to their
sradovich on DSK3GMQ082PROD with PROPOSALS
the comments we received. The are not included in the standard ticket competitors. Some carriers suggested
withdrawal of this rulemaking fare. The Department solicited that there is no correlation between a
corresponds with the Department’s and comments on which items should be carrier’s disclosure of itemized aggregate
Administration’s priorities and is specifically identified as ancillary revenue data and consumer concerns
consistent with the Executive Order revenues, and proposed to collect data regarding fare transparency. Southwest
13771, Reducing Regulation and on 19 separate charges for optional Airlines, which supported the
Controlling Regulatory Costs, January services. The categories included: (1) Department’s stated goal of making
30, 2017. Booking fees, (2) priority check-in and ticket pricing more transparent for
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Document Created: 2018-10-25 10:52:58
Document Modified: 2018-10-25 10:52:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by January 29, 2018. | |
| Contact | Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227- 1149. | |
| FR Citation | 82 FR 58772 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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