83 FR 33873 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 138 (July 18, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 138 (July 18, 2018)
| Page Range | 33873-33875 | |
| FR Document | 2018-14408 |
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)] [Proposed Rules] [Pages 33873-33875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14408] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules [[Page 33873]] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0584; Product Identifier 2017-NM-173-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200, A330-200 Freighter, and A330-300 series airplanes. This proposed AD was prompted by reports of dual flight management system (FMS) resets with the loss of flight plan (F-PLN) data. This proposed AD would require revising the airplane flight manual (AFM) to prohibit Required Navigation Performance--Authorization Required (RNP-AR) operations using Flight Management Guidance Envelope Computer (FMGEC) standard P5H3. This proposed AD would also require modifying the FMS software of airplanes equipped with FMGEC standard P5H3. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by September 4, 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 SAS, Airworthiness Office--EAL, 2 Rond-Point Emile Dewoitine, 31700 Blagnac, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.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. 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- 0584; 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 NPRM, 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: Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229. 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-2018-0584; Product Identifier 2017-NM-173-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM 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 NPRM. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0233, dated November 23, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus Model A330-200, Model A330- 200 Freighter, and Model A330-300 series airplanes. The MCAI states: Operators of [Airbus] A330 aeroplanes fitted with a Flight Management Guidance Envelope Computer (FMGEC) standard P5H3 have reported some occurrences of dual Flight Management System (FMS) reset with the loss of Flight Plan (F-PLN) data. These events have been identified in all flight phases, including Take-Off transition. This condition, if not corrected, particularly in the context of Required Navigation Performance--Authorization Required (RNP-AR) operations of the aeroplane, could lead to a large reduction in safety margins due to terrain and/or surrounded traffic proximity [below acceptable safety margins], and out of the context of RNP-AR operations could lead to an increased pilot workload. To address this potential unsafe condition, Airbus issued Aircraft Flight Manual (AFM) Temporary Revision (TR) 774 issue 1 [approved October 13, 2017, to the Airbus A330/A340 Airplane Flight Manual] to provide instructions to prohibit RNP-AR operations. In addition, Airbus developed modification (mod) 207362 to allow FMS software downgrading from P5 to P4A standard, and issued [Airbus] Alert Operator Transmission (AOT) A22L002-17 [dated October 20, 2017] providing instructions to implement that mod on in-service aeroplanes. As a long term action, Airbus intends to publish [Airbus] Service Bulletin (SB) A330-22-3264 [dated March 14, 2018], which will supersede [Alert Operators Transmission] AOT A22L002-17 [dated October 20, 2017], to provide the same instructions for FMS software downgrade. For the reasons described above, this [EASA] AD requires amendment of the applicable AFM and operating the aeroplane accordingly, and requires FMS software downgrading of aeroplanes with FMGEC standard P5H3. 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-2018- 0584. Related Service Information Under 1 CFR Part 51 Airbus has issued Temporary Revision TR774, RNP-AR Operations [[Page 33874]] Forbidden with FMGEC Standard P5H3, Issue 1, approved October 13, 2017, to the Airbus A330/A340 Airplane Flight Manual. The service information describes the operational restrictions for Required Navigation Performance--Authorization Required (RNP-AR) on Airbus A330 airplanes equipped with FMGEC standard P5H3. Airbus has issued Airbus Service Bulletin A330-22-3264, dated March 14, 2018. The service information describes procedures to downgrade the FMS from P5 to P4A operational software on P5H3 FMGEC standard, by embodying Modification 207362S34542 on the affected airplanes. The 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. Other Related Service Information The Airbus A330/A340 Airplane Flight Manual (AFM) for the aircraft affected by this AD is required to be furnished with the aircraft, per 14 CFR 25.1581. Further, operators of the aircraft affected by this AD must operate in accordance with the limitations specified in the AFM, per 14 CFR 91.9. 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. Costs of Compliance We estimate that this proposed AD affects 3 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 3 work-hours x $85 per hour = $255........................... $0 $255 $765 ---------------------------------------------------------------------------------------------------------------- According to the manufacturer, some or all 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 known costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This proposed 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 adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2018-0584; Product Identifier 2017-NM-173-AD. (a) Comments Due Date We must receive comments by September 4, 2018. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Model A330-201, A330-202, A330-203, A330-223, A330-223F, A330-243, A330-243F, A330-301, A330-302, A330- 303, A330-321, A330-322, A330-323, A330-341, A330-342, and A330-343 airplanes, certificated in any category, all manufacturer serial numbers. (d) Subject Air Transport Association (ATA) of America Code 22, Auto flight. (e) Reason This AD was prompted by reports of dual flight management system (FMS) resets with the loss of flight plan (F-PLN) data. We are issuing this AD to address dual FMS reset and loss of F-PLN data, which in the context of Required Navigation Performance-- Authorization Required (RNP-AR) operations of the airplane could result in significantly reduced situational awareness of proximity to terrain and/or other aircraft to below [[Page 33875]] acceptable safety margins, and out of the context of RNP-AR operations could lead to an unusually high pilot workload. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definitions For the purposes of this AD, the definitions in paragraphs (g)(1) through (g)(3) of this AD apply. (1) Group 1 airplanes are those that have Flight Management Guidance Envelope Computer (FMGEC) standard P5H3 (Airbus Modification 204758 Part Number (P/N) FMGEC C13226HA07 with P/N FMS operational SW PS4087700-906) embodied in production, or embodied in service as specified in Airbus Service Bulletin A330-22-3209; or Airbus Service Bulletin A330-22-3225; or Airbus Service Bulletin A330-22-3244; or Airbus Service Bulletin A330-22-3247; or Airbus Service Bulletin A330-22-3262, except those that have RNP-AR. (2) Group 2 airplanes have the same configuration as those in Group 1, but in addition have RNP-AR (Airbus Modification 203441, or Airbus Modification 203442, or Airbus Modification 200624) embodied in production or Airbus Service Bulletin A330-34-3262; or Airbus Service Bulletin A330-34-3308; or Airbus Service Bulletin A330-34- 3345, embodied in service. (3) Group 3 airplanes are those in any configuration other than that identified in paragraph (g)(1) or (g)(2) of this AD. (h) Airplane Flight Manual (AFM) Revision For Group 2 airplanes: Within 30 days after the effective date of this AD, revise the Limitations section of the Airbus A330/A340 Airplane Flight Manual (AFM) to include the information in Temporary Revision TR774, RNP-AR Operations Forbidden with FMGEC Standard P5H3, Issue 1, approved October 13, 2017 (``TR774''), and inform all flight crews, and, thereafter, operate the airplane accordingly, as specified in the TR. TR774 prohibits the RNP-AR operation on Airbus A330 airplanes equipped with FMGEC standard P5H3. Revising the AFM to include TR774 may be done by inserting a copy of TR774 in the AFM. When this TR has been included in general revisions of the AFM, the general revisions may be inserted in the AFM, provided the relevant information in the general revision is identical to that in TR774, and the TR may be removed. (i) FMS Software Modification (1) For Group 1 and Group 2 airplanes: Within 60 days after the effective date of this AD, modify the airplane by installing FMS software P4A (P/N FMS operational SW PS4087700-905) on FMGEC standard P5H3 (P/N FMGEC C13226HA07 with P/N FMS operational SW PS4087700-906) in accordance with the instructions of Airbus Service Bulletin A330-22-3264, dated March 14, 2018. (2) For Group 2 airplanes: After modification of an airplane as required by paragraph (i)(1) of this AD, the AFM revision required by paragraph (h) of this AD may be removed from the AFM of that airplane. (j) Optional Modification For Group 3 airplanes: From the effective date of this AD, it is allowed to modify any airplane into a Group 1 or Group 2 configuration, provided that, concurrently, that airplane is modified in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-22-3264, dated March 14, 2018. (k) Credit for Previous Actions This paragraph provides credit for the actions required by paragraph (i) of this AD and optional actions specified in paragraph (j) of this AD, if those actions were performed before the effective date of this AD using Airbus Alert Operators Transmission--AOT A22L002-17, dated October 20, 2017. (l) Other FAA AD Provisions The following provisions also apply to this AD: (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 (m)(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: 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 European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA- authorized signature. (3) Required for Compliance (RC): 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 changes to procedures or tests identified as RC require approval of an AMOC. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0233, dated November 23, 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-2018-0584. (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office--EAL, 2 Rond-Point Emile Dewoitine, 31700 Blagnac, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.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. Issued in Des Moines, Washington, on June 22, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-14408 Filed 7-17-18; 8:45 am] BILLING CODE 4910-13-P
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Proposed Rules Federal Register
Vol. 83, No. 138
Wednesday, July 18, 2018
This section of the FEDERAL REGISTER p.m., Monday through Friday, except Discussion
contains notices to the public of the proposed Federal holidays. The European Aviation Safety Agency
issuance of rules and regulations. The For service information identified in
purpose of these notices is to give interested (EASA), which is the Technical Agent
this NPRM, contact Airbus SAS, for the Member States of the European
persons an opportunity to participate in the Airworthiness Office—EAL, 2 Rond-
rule making prior to the adoption of the final Union, has issued EASA AD 2017–0233,
rules.
Point Emile Dewoitine, 31700 Blagnac, dated November 23, 2017 (referred to
France; telephone +33 5 61 93 36 96; fax after this as the Mandatory Continuing
+33 5 61 93 45 80; email Airworthiness Information, or ‘‘the
DEPARTMENT OF TRANSPORTATION airworthiness.A330-A340@airbus.com; MCAI’’), to correct an unsafe condition
internet http://www.airbus.com. You for all Airbus Model A330–200, Model
Federal Aviation Administration may view this service information at the A330–200 Freighter, and Model A330–
FAA, Transport Standards Branch, 2200 300 series airplanes. The MCAI states:
14 CFR Part 39 South 216th St., Des Moines, WA. For
information on the availability of this Operators of [Airbus] A330 aeroplanes
[Docket No. FAA–2018–0584; Product fitted with a Flight Management Guidance
Identifier 2017–NM–173–AD] material at the FAA, call 206–231–3195. Envelope Computer (FMGEC) standard P5H3
Examining the AD Docket have reported some occurrences of dual
RIN 2120–AA64 Flight Management System (FMS) reset with
You may examine the AD docket on the loss of Flight Plan (F–PLN) data. These
Airworthiness Directives; Airbus the internet at http:// events have been identified in all flight
Airplanes www.regulations.gov by searching for phases, including Take-Off transition.
and locating Docket No. FAA–2018– This condition, if not corrected,
AGENCY: Federal Aviation
0584; or in person at the Docket particularly in the context of Required
Administration (FAA), DOT. Navigation Performance—Authorization
ACTION: Notice of proposed rulemaking
Management Facility between 9 a.m.
Required (RNP–AR) operations of the
(NPRM). and 5 p.m., Monday through Friday,
aeroplane, could lead to a large reduction in
except Federal holidays. The AD docket safety margins due to terrain and/or
SUMMARY: We propose to adopt a new contains this NPRM, the regulatory surrounded traffic proximity [below
airworthiness directive (AD) for all evaluation, any comments received, and acceptable safety margins], and out of the
Airbus Model A330–200, A330–200 other information. The street address for context of RNP–AR operations could lead to
Freighter, and A330–300 series the Docket Operations office (telephone an increased pilot workload.
airplanes. This proposed AD was 800–647–5527) is in the ADDRESSES To address this potential unsafe condition,
section. Comments will be available in Airbus issued Aircraft Flight Manual (AFM)
prompted by reports of dual flight
Temporary Revision (TR) 774 issue 1
management system (FMS) resets with the AD docket shortly after receipt.
[approved October 13, 2017, to the Airbus
the loss of flight plan (F–PLN) data. This FOR FURTHER INFORMATION CONTACT: A330/A340 Airplane Flight Manual] to
proposed AD would require revising the Vladimir Ulyanov, Aerospace Engineer, provide instructions to prohibit RNP–AR
airplane flight manual (AFM) to prohibit International Section, Transport operations. In addition, Airbus developed
Required Navigation Performance— Standards Branch, FAA, 2200 South modification (mod) 207362 to allow FMS
Authorization Required (RNP–AR) 216th St., Des Moines, WA 98198; software downgrading from P5 to P4A
operations using Flight Management telephone and fax 206–231–3229. standard, and issued [Airbus] Alert Operator
Transmission (AOT) A22L002–17 [dated
Guidance Envelope Computer (FMGEC) SUPPLEMENTARY INFORMATION: October 20, 2017] providing instructions to
standard P5H3. This proposed AD implement that mod on in-service
would also require modifying the FMS Comments Invited
aeroplanes. As a long term action, Airbus
software of airplanes equipped with We invite you to send any written intends to publish [Airbus] Service Bulletin
FMGEC standard P5H3. We are relevant data, views, or arguments about (SB) A330–22–3264 [dated March 14, 2018],
proposing this AD to address the unsafe this proposal. Send your comments to which will supersede [Alert Operators
condition on these products. an address listed under the ADDRESSES Transmission] AOT A22L002–17 [dated
October 20, 2017], to provide the same
DATES: We must receive comments on section. Include ‘‘Docket No. FAA–
instructions for FMS software downgrade.
this proposed AD by September 4, 2018. 2018–0584; Product Identifier 2017– For the reasons described above, this
ADDRESSES: You may send comments, NM–173–AD’’ at the beginning of your [EASA] AD requires amendment of the
using the procedures found in 14 CFR comments. We specifically invite applicable AFM and operating the aeroplane
11.43 and 11.45, by any of the following comments on the overall regulatory, accordingly, and requires FMS software
methods: economic, environmental, and energy downgrading of aeroplanes with FMGEC
• Federal eRulemaking Portal: Go to aspects of this NPRM. We will consider standard P5H3.
http://www.regulations.gov. Follow the all comments received by the closing You may examine the MCAI in the
instructions for submitting comments. date and may amend this NPRM based AD docket on the internet at http://
amozie on DSK3GDR082PROD with PROPOSALS1
• Fax: 202–493–2251. on those comments. www.regulations.gov by searching for
• Mail: U.S. Department of We will post all comments we and locating Docket No. FAA–2018–
Transportation, Docket Operations, receive, without change, to http:// 0584.
M–30, West Building Ground Floor, www.regulations.gov, including any
Room W12–140, 1200 New Jersey personal information you provide. We Related Service Information Under 1
Avenue SE, Washington, DC 20590. will also post a report summarizing each CFR Part 51
• Hand Delivery: Deliver to Mail substantive verbal contact we receive Airbus has issued Temporary
address above between 9 a.m. and 5 about this NPRM. Revision TR774, RNP–AR Operations
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![33874 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules
Forbidden with FMGEC Standard P5H3, have access to it through their normal in the United States. Pursuant to our
Issue 1, approved October 13, 2017, to course of business or by the means bilateral agreement with the State of
the Airbus A330/A340 Airplane Flight identified in the ADDRESSES section. Design Authority, we have been notified
Manual. The service information of the unsafe condition described in the
Other Related Service Information
describes the operational restrictions for MCAI and service information
Required Navigation Performance— The Airbus A330/A340 Airplane referenced above. We are proposing this
Authorization Required (RNP–AR) on Flight Manual (AFM) for the aircraft AD because we evaluated all pertinent
Airbus A330 airplanes equipped with affected by this AD is required to be information and determined an unsafe
FMGEC standard P5H3. furnished with the aircraft, per 14 CFR
condition exists and is likely to exist or
Airbus has issued Airbus Service 25.1581. Further, operators of the
develop on other products of the same
Bulletin A330–22–3264, dated March aircraft affected by this AD must operate
14, 2018. The service information in accordance with the limitations type design.
describes procedures to downgrade the specified in the AFM, per 14 CFR 91.9. Costs of Compliance
FMS from P5 to P4A operational
software on P5H3 FMGEC standard, by FAA’s Determination and Requirements We estimate that this proposed AD
embodying Modification 207362S34542 of This Proposed AD affects 3 airplanes of U.S. registry. We
on the affected airplanes. This product has been approved by estimate the following costs to comply
The service information is reasonably the aviation authority of another with this proposed AD:
available because the interested parties country, and is approved for operation
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S.
Labor cost Parts cost product operators
3 work-hours × $85 per hour = $255 .......................................................................................... $0 $255 $765
According to the manufacturer, some this transition period, the Executive PART 39—AIRWORTHINESS
or all of the costs of this proposed AD Director has delegated the authority to DIRECTIVES
may be covered under warranty, thereby issue ADs applicable to transport
reducing the cost impact on affected category airplanes to the Director of the ■ 1. The authority citation for part 39
individuals. We do not control warranty System Oversight Division. continues to read as follows:
coverage for affected individuals. As a Authority: 49 U.S.C. 106(g), 40113, 44701.
Regulatory Findings
result, we have included all known
costs in our cost estimate. We determined that this proposed AD § 39.13 [Amended]
would not have federalism implications ■ 2. The FAA amends § 39.13 by adding
Authority for This Rulemaking under Executive Order 13132. This the following new airworthiness
Title 49 of the United States Code proposed AD would not have a directive (AD):
specifies the FAA’s authority to issue substantial direct effect on the States, on Airbus: Docket No. FAA–2018–0584; Product
rules on aviation safety. Subtitle I, the relationship between the national Identifier 2017–NM–173–AD.
section 106, describes the authority of Government and the States, or on the
(a) Comments Due Date
the FAA Administrator. Subtitle VII: distribution of power and
Aviation Programs, describes in more responsibilities among the various We must receive comments by September
levels of government. 4, 2018.
detail the scope of the Agency’s
authority. For the reasons discussed above, I (b) Affected ADs
We are issuing this rulemaking under certify this proposed regulation: None.
the authority described in Subtitle VII, 1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; (c) Applicability
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that 2. Is not a ‘‘significant rule’’ under the This AD applies to Airbus Model A330–
section, Congress charges the FAA with DOT Regulatory Policies and Procedures 201, A330–202, A330–203, A330–223, A330–
(44 FR 11034, February 26, 1979); 223F, A330–243, A330–243F, A330–301,
promoting safe flight of civil aircraft in A330–302, A330–303, A330–321, A330–322,
3. Will not affect intrastate aviation in
air commerce by prescribing regulations A330–323, A330–341, A330–342, and A330–
Alaska; and
for practices, methods, and procedures 4. Will not have a significant 343 airplanes, certificated in any category, all
the Administrator finds necessary for economic impact, positive or negative,
manufacturer serial numbers.
safety in air commerce. This regulation on a substantial number of small entities (d) Subject
is within the scope of that authority under the criteria of the Regulatory Air Transport Association (ATA) of
because it addresses an unsafe condition Flexibility Act. America Code 22, Auto flight.
that is likely to exist or develop on
products identified in this rulemaking List of Subjects in 14 CFR Part 39 (e) Reason
action. Air transportation, Aircraft, Aviation This AD was prompted by reports of dual
amozie on DSK3GDR082PROD with PROPOSALS1
This proposed AD is issued in safety, Incorporation by reference, flight management system (FMS) resets with
accordance with authority delegated by the loss of flight plan (F–PLN) data. We are
Safety.
the Executive Director, Aircraft issuing this AD to address dual FMS reset
The Proposed Amendment and loss of F–PLN data, which in the context
Certification Service, as authorized by of Required Navigation Performance—
FAA Order 8000.51C. In accordance Accordingly, under the authority Authorization Required (RNP–AR) operations
with that order, issuance of ADs is delegated to me by the Administrator, of the airplane could result in significantly
normally a function of the Compliance the FAA proposes to amend 14 CFR part reduced situational awareness of proximity
and Airworthiness Division, but during 39 as follows: to terrain and/or other aircraft to below
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![Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 33875
acceptable safety margins, and out of the (j) Optional Modification (2) For more information about this AD,
context of RNP–AR operations could lead to For Group 3 airplanes: From the effective contact Vladimir Ulyanov, Aerospace
an unusually high pilot workload. date of this AD, it is allowed to modify any Engineer, International Section, Transport
airplane into a Group 1 or Group 2 Standards Branch, FAA, 2200 South 216th
(f) Compliance St., Des Moines, WA 98198; telephone and
configuration, provided that, concurrently,
Comply with this AD within the that airplane is modified in accordance with fax 206–231–3229.
compliance times specified, unless already the Accomplishment Instructions of Airbus (3) For service information identified in
done. Service Bulletin A330–22–3264, dated March this AD, contact Airbus SAS, Airworthiness
(g) Definitions 14, 2018. Office—EAL, 2 Rond-Point Emile Dewoitine,
31700 Blagnac, France; telephone +33 5 61
For the purposes of this AD, the definitions (k) Credit for Previous Actions 93 36 96; fax +33 5 61 93 45 80; email
in paragraphs (g)(1) through (g)(3) of this AD This paragraph provides credit for the airworthiness.A330-A340@airbus.com;
apply. actions required by paragraph (i) of this AD internet http://www.airbus.com. You may
(1) Group 1 airplanes are those that have and optional actions specified in paragraph view this service information at the FAA,
Flight Management Guidance Envelope (j) of this AD, if those actions were performed Transport Standards Branch, 2200 South
Computer (FMGEC) standard P5H3 (Airbus before the effective date of this AD using 216th St., Des Moines, WA. For information
Modification 204758 Part Number (P/N) Airbus Alert Operators Transmission—AOT on the availability of this material at the
FMGEC C13226HA07 with P/N FMS A22L002–17, dated October 20, 2017. FAA, call 206–231–3195.
operational SW PS4087700–906) embodied
in production, or embodied in service as (l) Other FAA AD Provisions Issued in Des Moines, Washington, on June
specified in Airbus Service Bulletin A330– The following provisions also apply to this 22, 2018.
22–3209; or Airbus Service Bulletin A330– AD: Michael Kaszycki,
22–3225; or Airbus Service Bulletin A330– (1) Alternative Methods of Compliance Acting Director, System Oversight Division,
22–3244; or Airbus Service Bulletin A330– (AMOCs): The Manager, International Aircraft Certification Service.
22–3247; or Airbus Service Bulletin A330– Section, Transport Standards Branch, FAA,
[FR Doc. 2018–14408 Filed 7–17–18; 8:45 am]
22–3262, except those that have RNP–AR. has the authority to approve AMOCs for this
(2) Group 2 airplanes have the same AD, if requested using the procedures found BILLING CODE 4910–13–P
configuration as those in Group 1, but in in 14 CFR 39.19. In accordance with 14 CFR
addition have RNP–AR (Airbus Modification 39.19, send your request to your principal
203441, or Airbus Modification 203442, or inspector or local Flight Standards District DEPARTMENT OF THE TREASURY
Airbus Modification 200624) embodied in Office, as appropriate. If sending information
production or Airbus Service Bulletin A330– directly to the International Section, send it Internal Revenue Service
34–3262; or Airbus Service Bulletin A330– to the attention of the person identified in
34–3308; or Airbus Service Bulletin A330– paragraph (m)(2) of this AD. Information may
34–3345, embodied in service. be emailed to: 9-ANM-116-AMOC- 26 CFR Part 1
(3) Group 3 airplanes are those in any REQUESTS@faa.gov. Before using any [REG–103474–18]
configuration other than that identified in approved AMOC, notify your appropriate
paragraph (g)(1) or (g)(2) of this AD. principal inspector, or lacking a principal RIN 1545–BO63
inspector, the manager of the local flight
(h) Airplane Flight Manual (AFM) Revision standards district office/certificate holding Tax Return Preparer Due Diligence
For Group 2 airplanes: Within 30 days after district office. Penalty Under Section 6695(g)
the effective date of this AD, revise the (2) Contacting the Manufacturer: For any
Limitations section of the Airbus A330/A340 requirement in this AD to obtain corrective AGENCY: Internal Revenue Service (IRS),
Airplane Flight Manual (AFM) to include the actions from a manufacturer, the action must Treasury.
information in Temporary Revision TR774, be accomplished using a method approved ACTION: Notice of proposed rulemaking,
RNP–AR Operations Forbidden with FMGEC by the Manager, International Section,
partial withdrawal of notice of proposed
Standard P5H3, Issue 1, approved October Transport Standards Branch, FAA; or the
13, 2017 (‘‘TR774’’), and inform all flight European Aviation Safety Agency (EASA); or rulemaking.
crews, and, thereafter, operate the airplane Airbus’s EASA Design Organization
accordingly, as specified in the TR. TR774 Approval (DOA). If approved by the DOA,
SUMMARY: This document contains
prohibits the RNP–AR operation on Airbus the approval must include the DOA- proposed regulations that amend
A330 airplanes equipped with FMGEC authorized signature. portions of previously proposed
standard P5H3. Revising the AFM to include (3) Required for Compliance (RC): If any regulations related to the tax return
TR774 may be done by inserting a copy of service information contains procedures or preparer penalty under section 6695(g)
TR774 in the AFM. When this TR has been tests that are identified as RC, those of the Internal Revenue Code (Code).
included in general revisions of the AFM, the procedures and tests must be done to comply These amendments to the previously
general revisions may be inserted in the with this AD; any procedures or tests that are proposed regulations are necessary to
AFM, provided the relevant information in not identified as RC are recommended. Those
the general revision is identical to that in procedures and tests that are not identified
implement a recent law change that
TR774, and the TR may be removed. as RC may be deviated from using accepted expands the scope of the tax return
methods in accordance with the operator’s preparer due diligence penalty under
(i) FMS Software Modification maintenance or inspection program without section 6695(g) so that it applies with
(1) For Group 1 and Group 2 airplanes: obtaining approval of an AMOC, provided respect to eligibility to file a return or
Within 60 days after the effective date of this the procedures and tests identified as RC can claim for refund as head of household.
AD, modify the airplane by installing FMS be done and the airplane can be put back in The proposed regulations affect tax
software P4A (P/N FMS operational SW an airworthy condition. Any substitutions or return preparers.
PS4087700–905) on FMGEC standard P5H3 changes to procedures or tests identified as
(P/N FMGEC C13226HA07 with P/N FMS RC require approval of an AMOC. DATES: Written or electronic comments
amozie on DSK3GDR082PROD with PROPOSALS1
operational SW PS4087700–906) in and requests for a public hearing must
accordance with the instructions of Airbus (m) Related Information be received by August 17, 2018.
Service Bulletin A330–22–3264, dated March (1) Refer to Mandatory Continuing ADDRESSES: Send submissions to:
14, 2018. Airworthiness Information (MCAI) EASA AD
(2) For Group 2 airplanes: After 2017–0233, dated November 23, 2017, for CC:PA:LPD:PR (REG–103474–18), Room
modification of an airplane as required by related information. This MCAI may be 5207, Internal Revenue Service, P.O.
paragraph (i)(1) of this AD, the AFM revision found in the AD docket on the internet at Box 7604, Ben Franklin Station,
required by paragraph (h) of this AD may be http://www.regulations.gov by searching for Washington, DC 20044. Submissions
removed from the AFM of that airplane. and locating Docket No. FAA–2018–0584. may be hand delivered Monday through
VerDate Sep<11>2014 17:43 Jul 17, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1](https://thefederalregister.org/doc/83_FR_34011/page/3.svg)
Document Created: 2018-11-06 10:24:33
Document Modified: 2018-11-06 10:24:33
| 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 September 4, 2018. | |
| Contact | Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229. | |
| FR Citation | 83 FR 33873 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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