83 FR 48203 - Airworthiness Directives; Airbus SAS Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 185 (September 24, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48203-48206 | |
| FR Document | 2018-20338 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Rules and Regulations] [Pages 48203-48206] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20338] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0505; Product Identifier 2017-NM-178-AD; Amendment 39-19419; AD 2018-19-19] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 airplanes. This AD was prompted by a report of an overheat failure mode of the hydraulic engine-driven pump, which could cause a fast temperature rise of the hydraulic fluid. This AD requires modifying the hydraulic monitoring and control application (HMCA) software. We are issuing this AD to address the unsafe condition on these products. [[Page 48204]] DATES: This AD is effective October 29, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 29, 2018. ADDRESSES: For service information identified in this final rule, contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 0505. 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- 0505; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647- 5527) is in the ADDRESSES section. FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A350- 941 airplanes. The NPRM published in the Federal Register on June 11, 2018 (83 FR 26880). The NPRM was prompted by a report of an overheat failure mode of the hydraulic engine-driven pump, which could cause a fast temperature rise of the hydraulic fluid. The NPRM proposed to require modifying the HMCA software. We are issuing this AD to address high hydraulic fluid temperature combined with an inoperative fuel tank inerting system, which could result in uncontrolled overheating of the hydraulic system and consequent ignition sources inside the fuel tank, which, combined with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0200, dated October 10, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus SAS Model A350-941 airplanes. The MCAI states: In the Airbus A350 design, the hydraulic fluid cooling system is located in the fuel tanks. Recently, an overheat failure mode of the hydraulic engine-driven pump (EDP) was found. Such EDP failure may cause a fast temperature rise of the hydraulic fluid. This condition, if not detected and corrected, combined with an inoperative fuel tank inerting system, could lead to an uncontrolled overheat of the hydraulic fluid, possibly resulting in ignition of the fuel-air mixture in the affected fuel tank. To address this potential unsafe condition, Airbus issued a Major Event Revision (MER) of the A350 Master Minimum Equipment List (MMEL) that incorporates restrictions to avoid an uncontrolled overheat of the hydraulic system. Consequently, EASA issued Emergency AD 2017-0154-E to require implementation of these dispatch restrictions. Since EASA Emergency AD 2017-0154-E was issued, following further investigation, Airbus issued another MER of the A350 MMEL that expands the number of restricted MMEL items. At the same time, Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to inform all operators about the latest MMEL restrictions. Consequently, EASA issued AD 2017-0180, retaining the requirements of EASA Emergency AD 2017-0154-E, which was superseded, and requiring implementation of the new Airbus A350 MMEL MER and, consequently, restrictions for aeroplane dispatch. Since EASA AD 2017-0180 was issued, Airbus developed a software (SW) update of the Hydraulic Monitoring and Control Application (HMCA) SW S4.2, introduction of which avoids uncontrolled overheat of the hydraulic system. HMCA SW S4.2 is embodied in production through Airbus modification (mod) 112090, and introduced in service through Airbus Service Bulletin (SB) A350-29-P012. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2017-0180, which is superseded, and requires modification of the aeroplane by installing HMCA SW S4.2. This [EASA] AD is still considered to be an interim action and further AD action may follow. 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- 0505. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment. Support for the NPRM The Air Line Pilots Association, International (ALPA) expressed support for the NPRM. Request To Include Revised Service Information Delta Air Lines (Delta) requested that Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018, be included in paragraph (h) of the proposed AD because the effectivity identified in Airbus Service Bulletin A350-29-P012, dated October 6, 2017, is incomplete. Delta added that Revision 01 of the service information was issued to include all airplanes affected by the HMCA software update that were embodied in production. We agree with the commenter's request. We have included Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018, in this AD. We have added paragraph (k) to this AD to provide credit for actions done in accordance with the original issue of the referenced service information. Revision 01 of the service information updates certain manufacturer serial numbers, but specifies that no additional work is necessary. Request To Clarify Group 2 Airplane Definition Delta asked that we revise the definition of Group 2 airplanes in paragraph (g)(2) of the proposed AD, from ``post-mod 112090 airplanes on which the HMCA SW S4.2 is installed'' to ``airplanes on which the HMCA SW S4.2 is installed in production by embodiment of Mod 112090 or as retrofit, per Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018.'' Delta stated that this addition will define the connection between the mod 112090 and Airbus Service Bulletin A350- 29-P012, and clarify that the post-mod condition could be driven by production embodiment or retrofit per the referenced service bulletin. We agree with the commenter's request. We have clarified the definition in paragraph (g)(2) of this AD to include the commenter's suggested language with minor revisions. [[Page 48205]] Request To Clarify Parts Prohibition Language Delta asked that we clarify the prohibited parts language specified in paragraph (i) of the proposed AD, from ``an HMCA software pre-mod HMCA SW S4.2'' to ``an HMCA software prior to Standard 4.2.'' Delta stated that this change will properly identify the HMCA software nomenclature. We agree with the commenter's request to clarify the prohibited parts language specified in paragraph (i) of this AD. We have revised paragraph (i) of this AD to refer to ``HMCA software prior to HMCA SW S4.2.'' While we acknowledge that SW S4.2 constitutes a software standard, we have not included the phrase ``Standard 4.2'' in this AD because that term is not used in the MCAI. Request To Exclude Certain Airplanes Delta asked that paragraph (c), ``Applicability,'' of the proposed AD be changed from ``all A350-941 airplanes'' to exclude ``airplanes on which the Mod 112090 has been accomplished in production or retrofit via Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018.'' Airbus stated that this exclusion will limit the applicability and reduce engineering work-hours required for administrative paperwork for future delivery of new airplanes. We disagree with the commenter's request to limit the applicability. Although the requirement to install updated software, as specified in paragraph (h) of this AD, is limited to airplanes without that software, the prohibition against installing earlier software, as specified in paragraph (i) of this AD, applies to all Model A350-941 airplanes. Without that restriction on all airplanes, installation of earlier software would be allowed on airplanes delivered in the future. Therefore, we have not changed this AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 Airbus SAS has issued Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018. This service information describes procedures for modifying HMCA software by installing HMCA software S4.2 upgrades. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 7 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 2 work-hours x $85 per hour = $170........................... $450 $620 $4,340 ---------------------------------------------------------------------------------------------------------------- Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 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): [[Page 48206]] 2018-19-19 Airbus SAS: Amendment 39-19419; Docket No. FAA-2018-0505; Product Identifier 2017-NM-178-AD. (a) Effective Date This AD is effective October 29, 2018. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS Model A350-941 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 29, Hydraulic Power. (e) Reason This AD was prompted by a report of an overheat failure mode of the hydraulic engine-driven pump, which could cause a fast temperature rise of the hydraulic fluid. We are issuing this AD to address high hydraulic fluid temperature combined with an inoperative fuel tank inerting system, which could result in uncontrolled overheating of the hydraulic system and consequent ignition sources inside the fuel tank, which, combined with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definition of Airplane Groups (1) Group 1 airplanes are those on which the hydraulic monitoring and control application (HMCA) software (SW) S4.2 is not installed. (2) Group 2 airplanes are those on which HMCA SW S4.2 is installed in production by embodiment of Mod 112090 or installed in- service as specified in Airbus Service Bulletin A350-29-P012. (h) Software Modification For Group 1 airplanes: Within 30 days after the effective date of this AD, modify the HMCA software by installing HMCA SW S4.2, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018. Where paragraphs 3.C.(1)(a) and 3.C.(2)(a) of Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018, identify ``SOFTWARE-**'' and indicate that the ``Software becomes'' new software: For purposes of this AD, the software titles/descriptions might not match exactly with the airplane and the service information; the old and new software titles/descriptions are for reference only as an aid to operators. (i) Parts Prohibition At the applicable time specified in paragraph (i)(1) or (i)(2) of this AD: No person may install HMCA software prior to HMCA SW S4.2 on any airplane. (1) For Group 1 airplanes: After accomplishment of the modification required by paragraph (h) of this AD. (2) For Group 2 airplanes: As of the effective date of this AD. (j) Other Acceptable SW Standards and Installation Methods Installation of an HMCA SW standard approved after the effective date of this AD is acceptable for compliance with the corresponding actions required by paragraph (h) of this AD, provided the conditions required by paragraphs (j)(1) and (j)(2) of this AD are met. (1) The HMCA SW standard must be approved by the Manager, International Section, Transport Standards Branch, FAA; the European Aviation Safety Agency (EASA); or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (2) The installation must be accomplished in accordance with the modification instructions approved by the Manager, International Section, Transport Standards Branch, FAA; the EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval must include the DOA- authorized signature. (k) Credit for Previous Actions 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 Airbus Service Bulletin A350-29-P012, dated October 6, 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 EASA; or Airbus SAS's EASA 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 2017-0200, dated October 10, 2017, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA- 2018-0505. (2) For more information about this AD, contact Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD. (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018. (ii) Reserved. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Des Moines, Washington, on September 11, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-20338 Filed 9-21-18; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations 48203
deferred premium is $131,056,000, and provision, as those terms are defined in reactors, Penalties, Reporting and
the maximum annual deferred premium 10 CFR chapter I. These mandatory recordkeeping requirements.
is $20,496,000. Section 140.11(a)(4) is adjustments are non-discretionary, For the reasons set out in the
amended accordingly. required by statute, and do not represent preamble and under the authority of the
any change in position by the NRC with Atomic Energy Act of 1954, as amended;
III. Rulemaking Procedure
respect to the design, construction, or the Energy Reorganization Act of 1974,
This final rule is being issued without operation of a licensed facility. as amended; and 5 U.S.C. 552 and 553,
prior public notice or opportunity for the NRC is adopting the following
public comment. The Administrative VII. Plain Writing
amendment to 10 CFR part 140:
Procedure Act (5 U.S.C. 553(b)(B)) does The Plain Writing Act of 2010 (Pub.
not require an agency to use the public L. 111–274) requires Federal agencies to PART 140—FINANCIAL PROTECTION
notice and comment process ‘‘when the write documents in a clear, concise, and REQUIREMENTS AND INDEMNITY
agency for good cause finds (and well-organized manner. The NRC has AGREEMENTS
incorporates the finding and a brief written this document to be consistent
statement of reasons therefore in the with the Plain Writing Act as well as the ■ 1. The authority citation for part 140
rules issued) that notice and public Presidential Memorandum, ‘‘Plain continues to read as follows:
procedure thereon are impracticable, Language in Government Writing,’’ Authority: Atomic Energy Act of 1954,
unnecessary, or contrary to the public published June 10, 1998 (63 FR 31883). secs. 161, 170, 223, 234 (42 U.S.C. 2201,
interest.’’ In this instance, the NRC 2210, 2273, 2282); Energy Reorganization Act
finds, for good cause, that solicitation of VIII. National Environmental Policy of 1974, secs. 201, 202 (42 U.S.C. 5841,
public comment on this final rule is Act 5842); 44 U.S.C. 3504 note.
unnecessary because the Price- The NRC has determined that this § 140.11 [Amended]
Anderson Act requires these non- final rule is the type of action described
discretionary adjustments in the in § 51.22(c)(1). Therefore, neither an ■ 2. In § 140.11(a)(4), remove the
maximum total and annual standard environmental impact statement nor number ‘‘$121,255,000’’ and add in its
deferred premiums. Requesting public environmental assessment has been place the number ‘‘$131,056,000’’, and
comment on these adjustments, which prepared for this final rule. remove the number ‘‘$18,963,000’’ and
are made pursuant to a formula required add in its place the number
by statute, would not result in a change IX. Paperwork Reduction Act ‘‘$20,496,000’’.
to the adjusted amount. Consistent with This final rule does not contain any Dated at Rockville, Maryland, this 6th day
this finding of good cause, and as new or amended collections of of September 2018.
permitted by 5 U.S.C. 808(2), the NRC information subject to the Paperwork For the Nuclear Regulatory Commission.
has determined that the effective date of Reduction Act of 1995 (44 U.S.C. 3501 Margaret M. Doane,
this rule will be November 1, 2018. et seq.). Existing collections of Executive Director for Operations.
IV. Regulatory Analysis information were approved by the [FR Doc. 2018–20650 Filed 9–21–18; 8:45 am]
Office of Management and Budget BILLING CODE 7590–01–P
A regulatory analysis has not been
(OMB), approval number 3150–0039.
prepared for this final rule. As
discussed in this document under X. Public Protection Notification
Section III, ‘‘Rulemaking Procedure,’’ DEPARTMENT OF TRANSPORTATION
The NRC may not conduct or sponsor,
the Price-Anderson Act requires that the
and a person is not required to respond Federal Aviation Administration
NRC perform this rulemaking according
to, a collection of information unless the
to a formula required by statute. This
document requesting or requiring the 14 CFR Part 39
final rule does not involve an exercise
collection displays a currently valid
of Commission discretion. [Docket No. FAA–2018–0505; Product
OMB control number. Identifier 2017–NM–178–AD; Amendment
V. Regulatory Flexibility Act 39–19419; AD 2018–19–19]
XI. Congressional Review Act
The Regulatory Flexibility Act does
This final rule is a rule as defined in RIN 2120–AA64
not apply to regulations for which a
Federal agency is not required by law, the Congressional Review Act (5 U.S.C.
Airworthiness Directives; Airbus SAS
including the rulemaking provisions of 801–808). The Office of Management
Airplanes
the Administrative Procedure Act, 5 and Budget has found it to be a major
U.S.C 553(b), to publish a general notice rule as defined in the Congressional AGENCY: Federal Aviation
of proposed rulemaking (5 U.S.C. 604). Review Act. As explained in Section III, Administration (FAA), Department of
As discussed in this document under the NRC has found good cause that Transportation (DOT).
Section III, ‘‘Rulemaking Procedure,’’ solicitation of public comment on this ACTION: Final rule.
the NRC is not publishing this final rule final rule is unnecessary. Therefore,
for notice and comment. Accordingly, consistent with 5 U.S.C. 808(2), the NRC SUMMARY: We are adopting a new
the NRC has determined that the has determined that the effective date of airworthiness directive (AD) for all
requirements of the Regulatory this rule will be November 1, 2018, in Airbus SAS Model A350–941 airplanes.
Flexibility Act do not apply to this final lieu of the customary 60-day delay in This AD was prompted by a report of an
rule. effectiveness for ‘‘major rules’’ under overheat failure mode of the hydraulic
the Congressional Review Act. engine-driven pump, which could cause
daltland on DSKBBV9HB2PROD with RULES
VI. Backfitting and Issue Finality a fast temperature rise of the hydraulic
List of Subjects in 10 CFR Part 140
The NRC has not prepared a backfit fluid. This AD requires modifying the
analysis for this final rule. This final Criminal penalties, Extraordinary hydraulic monitoring and control
rule does not involve any provision that nuclear occurrence, Insurance, application (HMCA) software. We are
would impose a backfit, nor is it Intergovernmental relations, Nuclear issuing this AD to address the unsafe
inconsistent with any issue finality materials, Nuclear power plants and condition on these products.
VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1](https://thefederalregister.org/doc/83_FR_48388/page/1.svg)
![48204 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
DATES: This AD is effective October 29, which, combined with flammable fuel Comments
2018. vapors, could result in a fuel tank
The Director of the Federal Register explosion and consequent loss of the We gave the public the opportunity to
approved the incorporation by reference airplane. participate in developing this final rule.
of a certain publication listed in this AD The following presents the comments
The European Aviation Safety Agency
as of October 29, 2018. received on the NPRM and the FAA’s
(EASA), which is the Technical Agent
ADDRESSES: For service information response to each comment.
for the Member States of the European
identified in this final rule, contact Union, has issued EASA AD 2017–0200, Support for the NPRM
Airbus SAS, Airworthiness Office— dated October 10, 2017 (referred to after
EAL, 1 Rond Point Maurice Bellonte, this as the Mandatory Continuing The Air Line Pilots Association,
31707 Blagnac Cedex, France; telephone Airworthiness Information, or ‘‘the International (ALPA) expressed support
+33 5 61 93 36 96; fax +33 5 61 93 45 MCAI’’), to correct an unsafe condition for the NPRM.
80; email continued- for all Airbus SAS Model A350–941
airworthiness.a350@airbus.com; Request To Include Revised Service
airplanes. The MCAI states: Information
internet http://www.airbus.com. You
In the Airbus A350 design, the hydraulic
may view this service information at the fluid cooling system is located in the fuel Delta Air Lines (Delta) requested that
FAA, Transport Standards Branch, 2200 tanks. Recently, an overheat failure mode of Airbus Service Bulletin A350–29–P012,
South 216th St., Des Moines, WA. For the hydraulic engine-driven pump (EDP) was Revision 01, dated February 1, 2018, be
information on the availability of this found. Such EDP failure may cause a fast included in paragraph (h) of the
material at the FAA, call 206–231–3195. temperature rise of the hydraulic fluid. proposed AD because the effectivity
It is also available on the internet at This condition, if not detected and
identified in Airbus Service Bulletin
http://www.regulations.gov by searching corrected, combined with an inoperative fuel
tank inerting system, could lead to an A350–29–P012, dated October 6, 2017,
for and locating Docket No. FAA–2018–
uncontrolled overheat of the hydraulic fluid, is incomplete. Delta added that Revision
0505.
possibly resulting in ignition of the fuel-air 01 of the service information was issued
Examining the AD Docket mixture in the affected fuel tank. to include all airplanes affected by the
To address this potential unsafe condition, HMCA software update that were
You may examine the AD docket on Airbus issued a Major Event Revision (MER)
the internet at http:// embodied in production.
of the A350 Master Minimum Equipment List
www.regulations.gov by searching for (MMEL) that incorporates restrictions to We agree with the commenter’s
and locating Docket No. FAA–2018– avoid an uncontrolled overheat of the request. We have included Airbus
0505; or in person at Docket Operations hydraulic system. Consequently, EASA Service Bulletin A350–29–P012,
between 9 a.m. and 5 p.m., Monday issued Emergency AD 2017–0154–E to Revision 01, dated February 1, 2018, in
through Friday, except Federal holidays. require implementation of these dispatch this AD. We have added paragraph (k)
The AD docket contains this final rule, restrictions.
to this AD to provide credit for actions
Since EASA Emergency AD 2017–0154–E
the regulatory evaluation, any done in accordance with the original
was issued, following further investigation,
comments received, and other Airbus issued another MER of the A350 issue of the referenced service
information. The address for Docket MMEL that expands the number of restricted information. Revision 01 of the service
Operations (phone: 800–647–5527) is in MMEL items. At the same time, Airbus information updates certain
the ADDRESSES section. revised Flight Operation Transmission (FOT) manufacturer serial numbers, but
FOR FURTHER INFORMATION CONTACT: 999.0068/17, to inform all operators about specifies that no additional work is
Kathleen Arrigotti, Aerospace Engineer, the latest MMEL restrictions. Consequently, necessary.
International Section, Transport EASA issued AD 2017–0180, retaining the
requirements of EASA Emergency AD 2017– Request To Clarify Group 2 Airplane
Standards Branch, FAA, 2200 South 0154–E, which was superseded, and
216th St., Des Moines, WA 98198; Definition
requiring implementation of the new Airbus
telephone and fax 206–231–3218. A350 MMEL MER and, consequently, Delta asked that we revise the
SUPPLEMENTARY INFORMATION: restrictions for aeroplane dispatch. definition of Group 2 airplanes in
Since EASA AD 2017–0180 was issued,
Discussion paragraph (g)(2) of the proposed AD,
Airbus developed a software (SW) update of
the Hydraulic Monitoring and Control from ‘‘post-mod 112090 airplanes on
We issued a notice of proposed which the HMCA SW S4.2 is installed’’
rulemaking (NPRM) to amend 14 CFR Application (HMCA) SW S4.2, introduction
of which avoids uncontrolled overheat of the to ‘‘airplanes on which the HMCA SW
part 39 by adding an AD that would
hydraulic system. HMCA SW S4.2 is S4.2 is installed in production by
apply to all Airbus SAS Model A350– embodied in production through Airbus embodiment of Mod 112090 or as
941 airplanes. The NPRM published in modification (mod) 112090, and introduced retrofit, per Airbus Service Bulletin
the Federal Register on June 11, 2018 in service through Airbus Service Bulletin A350–29–P012, Revision 01, dated
(83 FR 26880). The NPRM was (SB) A350–29–P012.
February 1, 2018.’’ Delta stated that this
prompted by a report of an overheat For the reasons described above, this
failure mode of the hydraulic engine- [EASA] AD retains the requirements of EASA addition will define the connection
driven pump, which could cause a fast AD 2017–0180, which is superseded, and between the mod 112090 and Airbus
temperature rise of the hydraulic fluid. requires modification of the aeroplane by Service Bulletin A350–29–P012, and
The NPRM proposed to require installing HMCA SW S4.2. clarify that the post-mod condition
This [EASA] AD is still considered to be could be driven by production
modifying the HMCA software. We are an interim action and further AD action may
issuing this AD to address high embodiment or retrofit per the
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follow. referenced service bulletin.
hydraulic fluid temperature combined
with an inoperative fuel tank inerting You may examine the MCAI in the We agree with the commenter’s
system, which could result in AD docket on the internet at http:// request. We have clarified the definition
uncontrolled overheating of the www.regulations.gov by searching for in paragraph (g)(2) of this AD to include
hydraulic system and consequent and locating Docket No. FAA–2018– the commenter’s suggested language
ignition sources inside the fuel tank, 0505. with minor revisions.
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![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations 48205
Request To Clarify Parts Prohibition dated February 1, 2018.’’ Airbus stated • Are consistent with the intent that
Language that this exclusion will limit the was proposed in the NPRM for
Delta asked that we clarify the applicability and reduce engineering addressing the unsafe condition; and
prohibited parts language specified in work-hours required for administrative • Do not add any additional burden
paragraph (i) of the proposed AD, from paperwork for future delivery of new upon the public than was already
‘‘an HMCA software pre-mod HMCA airplanes. proposed in the NPRM.
SW S4.2’’ to ‘‘an HMCA software prior We disagree with the commenter’s We also determined that these
to Standard 4.2.’’ Delta stated that this request to limit the applicability. changes will not increase the economic
change will properly identify the HMCA Although the requirement to install burden on any operator or increase the
software nomenclature. updated software, as specified in scope of this final rule.
We agree with the commenter’s paragraph (h) of this AD, is limited to
Related Service Information Under 1
request to clarify the prohibited parts airplanes without that software, the
CFR Part 51
language specified in paragraph (i) of prohibition against installing earlier
this AD. We have revised paragraph (i) software, as specified in paragraph (i) of Airbus SAS has issued Service
of this AD to refer to ‘‘HMCA software this AD, applies to all Model A350–941 Bulletin A350–29–P012, Revision 01,
prior to HMCA SW S4.2.’’ While we airplanes. Without that restriction on all dated February 1, 2018. This service
acknowledge that SW S4.2 constitutes a airplanes, installation of earlier software information describes procedures for
software standard, we have not included would be allowed on airplanes modifying HMCA software by installing
the phrase ‘‘Standard 4.2’’ in this AD delivered in the future. Therefore, we HMCA software S4.2 upgrades. This
because that term is not used in the have not changed this AD in this regard. service information is reasonably
MCAI. available because the interested parties
Conclusion
have access to it through their normal
Request To Exclude Certain Airplanes We reviewed the relevant data, course of business or by the means
Delta asked that paragraph (c), considered the comments received, and identified in the ADDRESSES section.
‘‘Applicability,’’ of the proposed AD be determined that air safety and the
changed from ‘‘all A350–941 airplanes’’ public interest require adopting this Costs of Compliance
to exclude ‘‘airplanes on which the Mod final rule with the changes described We estimate that this AD affects 7
112090 has been accomplished in previously and minor editorial changes. airplanes of U.S. registry. We estimate
production or retrofit via Airbus Service We have determined that these minor the following costs to comply with this
Bulletin A350–29–P012, Revision 01, changes: AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S.
Labor cost Parts cost product operators
2 work-hours × $85 per hour = $170 .......................................................................................... $450 $620 $4,340
Authority for This Rulemaking of ADs is normally a function of the (4) Will not have a significant
Compliance and Airworthiness economic impact, positive or negative,
Title 49 of the United States Code
Division, but during this transition on a substantial number of small entities
specifies the FAA’s authority to issue
period, the Executive Director has under the criteria of the Regulatory
rules on aviation safety. Subtitle I,
delegated the authority to issue ADs Flexibility Act.
section 106, describes the authority of
applicable to transport category
the FAA Administrator. Subtitle VII: List of Subjects in 14 CFR Part 39
airplanes and associated appliances to
Aviation Programs, describes in more
the Director of the System Oversight Air transportation, Aircraft, Aviation
detail the scope of the Agency’s
Division. safety, Incorporation by reference,
authority.
We are issuing this rulemaking under Regulatory Findings Safety.
the authority described in Subtitle VII, This AD will not have federalism Adoption of the Amendment
Part A, Subpart III, Section 44701: implications under Executive Order
‘‘General requirements.’’ Under that 13132. This AD will not have a Accordingly, under the authority
section, Congress charges the FAA with substantial direct effect on the States, on delegated to me by the Administrator,
promoting safe flight of civil aircraft in the relationship between the national the FAA amends 14 CFR part 39 as
air commerce by prescribing regulations government and the States, or on the follows:
for practices, methods, and procedures distribution of power and
the Administrator finds necessary for responsibilities among the various PART 39—AIRWORTHINESS
safety in air commerce. This regulation levels of government. DIRECTIVES
is within the scope of that authority For the reasons discussed above, I
because it addresses an unsafe condition certify that this AD: ■ 1. The authority citation for part 39
that is likely to exist or develop on (1) Is not a ‘‘significant regulatory continues to read as follows:
products identified in this rulemaking
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action’’ under Executive Order 12866, Authority: 49 U.S.C. 106(g), 40113, 44701.
action. (2) Is not a ‘‘significant rule’’ under
This AD is issued in accordance with the DOT Regulatory Policies and § 39.13 [Amended]
authority delegated by the Executive Procedures (44 FR 11034, February 26,
Director, Aircraft Certification Service, 1979), ■ 2. The FAA amends § 39.13 by adding
as authorized by FAA Order 8000.51C. (3) Will not affect intrastate aviation the following new airworthiness
In accordance with that order, issuance in Alaska, and directive (AD):
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![48206 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
2018–19–19 Airbus SAS: Amendment 39– (2) For Group 2 airplanes: As of the maintenance or inspection program without
19419; Docket No. FAA–2018–0505; effective date of this AD. obtaining approval of an AMOC, provided
Product Identifier 2017–NM–178–AD. the procedures and tests identified as RC can
(j) Other Acceptable SW Standards and
(a) Effective Date Installation Methods be done and the airplane can be put back in
an airworthy condition. Any substitutions or
This AD is effective October 29, 2018. Installation of an HMCA SW standard
approved after the effective date of this AD changes to procedures or tests identified as
(b) Affected ADs is acceptable for compliance with the RC require approval of an AMOC.
None. corresponding actions required by paragraph (m) Related Information
(h) of this AD, provided the conditions
(c) Applicability (1) Refer to Mandatory Continuing
required by paragraphs (j)(1) and (j)(2) of this
This AD applies to all Airbus SAS Model AD are met. Airworthiness Information (MCAI) EASA AD
A350–941 airplanes, certificated in any (1) The HMCA SW standard must be 2017–0200, dated October 10, 2017, for
category. approved by the Manager, International related information. You may examine the
(d) Subject Section, Transport Standards Branch, FAA; MCAI on the internet at http://
the European Aviation Safety Agency www.regulations.gov by searching for and
Air Transport Association (ATA) of (EASA); or Airbus SAS’s EASA Design
America Code 29, Hydraulic Power. locating Docket No. FAA–2018–0505.
Organization Approval (DOA). If approved by
(2) For more information about this AD,
(e) Reason the DOA, the approval must include the
contact Kathleen Arrigotti, Aerospace
DOA-authorized signature.
This AD was prompted by a report of an Engineer, International Section, Transport
(2) The installation must be accomplished
overheat failure mode of the hydraulic Standards Branch, FAA, 2200 South 216th
in accordance with the modification
engine-driven pump, which could cause a St., Des Moines, WA 98198; telephone and
instructions approved by the Manager,
fast temperature rise of the hydraulic fluid. fax 206–231–3218.
International Section, Transport Standards
We are issuing this AD to address high
Branch, FAA; the EASA; or Airbus SAS’s (3) Service information identified in this
hydraulic fluid temperature combined with
EASA DOA. If approved by the DOA, the AD that is not incorporated by reference is
an inoperative fuel tank inerting system,
approval must include the DOA-authorized available at the addresses specified in
which could result in uncontrolled
signature. paragraphs (n)(3) and (n)(4) of this AD.
overheating of the hydraulic system and
consequent ignition sources inside the fuel (k) Credit for Previous Actions (n) Material Incorporated by Reference
tank, which, combined with flammable fuel This paragraph provides credit for actions
vapors, could result in a fuel tank explosion (1) The Director of the Federal Register
required by paragraph (h) of this AD, if those
and consequent loss of the airplane. approved the incorporation by reference
actions were performed before the effective
date of this AD using Airbus Service Bulletin (IBR) of the service information listed in this
(f) Compliance
A350–29–P012, dated October 6, 2017. paragraph under 5 U.S.C. 552(a) and 1 CFR
Comply with this AD within the part 51.
compliance times specified, unless already (l) Other FAA AD Provisions (2) You must use this service information
done. The following provisions also apply to this as applicable to do the actions required by
(g) Definition of Airplane Groups AD: this AD, unless this AD specifies otherwise.
(1) Group 1 airplanes are those on which (1) Alternative Methods of Compliance (i) Airbus Service Bulletin A350–29–P012,
the hydraulic monitoring and control (AMOCs): The Manager, International Revision 01, dated February 1, 2018.
application (HMCA) software (SW) S4.2 is Section, Transport Standards Branch, FAA, (ii) Reserved.
not installed. has the authority to approve AMOCs for this (3) For service information identified in
(2) Group 2 airplanes are those on which AD, if requested using the procedures found this AD, contact Airbus SAS, Airworthiness
HMCA SW S4.2 is installed in production by in 14 CFR 39.19. In accordance with 14 CFR
Office—EAL, 1 Rond Point Maurice Bellonte,
embodiment of Mod 112090 or installed in- 39.19, send your request to your principal
inspector or local Flight Standards District 31707 Blagnac Cedex, France; telephone +33
service as specified in Airbus Service 5 61 93 36 96; fax +33 5 61 93 45 80; email
Bulletin A350–29–P012. Office, as appropriate. If sending information
directly to the International Section, send it continued-airworthiness.a350@airbus.com.
(h) Software Modification to the attention of the person identified in (4) You may view this service information
For Group 1 airplanes: Within 30 days after paragraph (m)(2) of this AD. Information may at the FAA, Transport Standards Branch,
the effective date of this AD, modify the be emailed to: 9-ANM-116-AMOC- 2200 South 216th St., Des Moines, WA. For
HMCA software by installing HMCA SW REQUESTS@faa.gov. Before using any information on the availability of this
S4.2, in accordance with the approved AMOC, notify your appropriate material at the FAA, call 206–231–3195.
Accomplishment Instructions of Airbus principal inspector, or lacking a principal (5) You may view this service information
Service Bulletin A350–29–P012, Revision 01, inspector, the manager of the local flight that is incorporated by reference at the
dated February 1, 2018. Where paragraphs standards district office/certificate holding
National Archives and Records
3.C.(1)(a) and 3.C.(2)(a) of Airbus Service district office.
Administration (NARA). For information on
Bulletin A350–29–P012, Revision 01, dated (2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective the availability of this material at NARA, call
February 1, 2018, identify ‘‘SOFTWARE-**’’
and indicate that the ‘‘Software becomes’’ actions from a manufacturer, the action must 202–741–6030, or go to: http://
new software: For purposes of this AD, the be accomplished using a method approved www.archives.gov/federal-register/cfr/ibr-
software titles/descriptions might not match by the Manager, International Section, locations.html.
exactly with the airplane and the service Transport Standards Branch, FAA; or the
EASA; or Airbus SAS’s EASA DOA. If Issued in Des Moines, Washington, on
information; the old and new software titles/
descriptions are for reference only as an aid approved by the DOA, the approval must September 11, 2018.
to operators. include the DOA-authorized signature. Michael Kaszycki,
(3) Required for Compliance (RC): If any Acting Director, System Oversight Division,
(i) Parts Prohibition service information contains procedures or
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Aircraft Certification Service.
At the applicable time specified in tests that are identified as RC, those
paragraph (i)(1) or (i)(2) of this AD: No procedures and tests must be done to comply [FR Doc. 2018–20338 Filed 9–21–18; 8:45 am]
person may install HMCA software prior to with this AD; any procedures or tests that are BILLING CODE 4910–13–P
HMCA SW S4.2 on any airplane. not identified as RC are recommended. Those
(1) For Group 1 airplanes: After procedures and tests that are not identified
accomplishment of the modification required as RC may be deviated from using accepted
by paragraph (h) of this AD. methods in accordance with the operator’s
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Document Created: 2018-09-22 00:32:58
Document Modified: 2018-09-22 00:32:58
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective October 29, 2018. | |
| Contact | Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218. | |
| FR Citation | 83 FR 48203 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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