83_FR_49985 83 FR 49793 - Airworthiness Directives; Airbus SAS Airplanes

83 FR 49793 - Airworthiness Directives; Airbus SAS Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49793-49799
FR Document2018-20348

We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 B4-600R series airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R airplanes. This AD was prompted by reports of cracking on a certain frame (FR) angle fitting. This AD requires, depending on airplane configuration, a modification of certain angle fitting attachment holes; repetitive inspections for cracking of certain holes of the internal lower angle fitting web, certain holes of the internal lower angle fitting horizontal splicing, the aft bottom panel, and a certain junction area; and related investigative and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018)
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Rules and Regulations]
[Pages 49793-49799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20348]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0497; Product Identifier 2017-NM-140-AD; Amendment 
39-19418; AD 2018-19-18]
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 certain 
Airbus SAS Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 
B4-600R series airplanes; Model A300 C4-605R Variant F airplanes; and 
Model A300 F4-605R airplanes. This AD was prompted by reports of 
cracking on a certain frame (FR) angle fitting. This AD requires, 
depending on airplane configuration, a modification of certain angle 
fitting attachment holes; repetitive inspections for cracking of 
certain holes of the internal lower angle fitting web, certain holes of 
the internal lower angle fitting horizontal splicing, the aft bottom 
panel, and a certain junction area; and related investigative and 
corrective actions if necessary. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 7, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 7, 
2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 19, 2005 (70 FR 69056, November 14, 2005).

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile 
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 
96; fax +33 5 61 93 44 51; email [email protected]; 
internet http://www.airbus.com. You may view this service information 
at the FAA, Transport Standards Branch, 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-
0497.

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-
0497; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

SUPPLEMENTARY INFORMATION: 

[[Page 49794]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus SAS Model 
A300 B4-603, B4-620, and B4-622 airplanes; Model A300 B4-600R series 
airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-
605R airplanes. The NPRM published in the Federal Register on June 4, 
2018 (83 FR 25590). The NPRM was prompted by reports of cracking on the 
FR47 angle fitting. The NPRM proposed to require, depending on airplane 
configuration, a modification of certain angle fitting attachment 
holes; repetitive inspections for cracking of certain holes of the 
internal lower angle fitting web, certain holes of the internal lower 
angle fitting horizontal splicing, the aft bottom panel, and the FR47/
Rib 1 junction area; and related investigative and corrective actions 
if necessary.
    We are issuing this AD to address cracking of the FR47 angle 
fitting, which could result in reduced structural integrity 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 
2017-0210, dated October 24, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus SAS Model A300 B4-603, 
B4-620, and B4-622 airplanes; Model A300 B4-600R series airplanes; 
Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R 
airplanes. The MCAI states:

    Prompted by cracks found on the Frame (FR) 47 angle fitting, 
Airbus issued SB [Service Bulletin] A300-57-6049, SB A300-57-6050, 
and SB A300-57-6086.
    These cracks, if not detected and corrected, could affect the 
structural integrity of the centre wing box (CWB) of the aeroplane.
    Consequently, DGAC [Direction G[eacute]n[eacute]rale de 
l'Aviation Civile] France published AD 94-241-170, AD 1999-147-279, 
AD 2000-533-328 and AD F-2004-159 (EASA approval 2004-9779), each AD 
superseding the previous one, to require repetitive high frequency 
eddy current (HFEC) rotating probe inspections of the FR47 internal 
lower angle fitting.
    After DGAC France AD F-2004-159 was issued, cracks were 
reportedly found on the horizontal flange of FR47 internal corner 
angle fitting during accomplishment of routine maintenance 
structural inspection and modification in accordance with the 
instructions of Airbus SB A300-57-6050. Prompted by these findings, 
Airbus reviewed and amended the inspection programme for the 
internal lower angle fitting flange (horizontal face).
    Consequently, EASA issued AD 2012-0092 [which corresponds to FAA 
AD 2014-20-18, Amendment 39-17991 (79 FR 65879, November 6, 2014) 
(``AD 2014-20-18'')], retaining the requirements of DGAC France AD 
F-2004-159, which was superseded, and requiring additional 
repetitive inspections of the CWB lower panel through the ultrasonic 
method and, depending on findings, re-installation of removed 
fasteners in transition fit instead of interface.
    In addition, DGAC France had previously issued AD F-2005-124 
(EASA approval 2005-6071) to require the same inspections for A300 
F4-608ST aeroplanes, in accordance with Airbus SB A300-57-9001 and 
SB A300-57-9002.
    Following the discovery of numerous cracks during the 
accomplishment of SB A300-57-6049 and SB A300-57-6089 inspections, 
Airbus developed in a first step a new (recommended) modification 
(Airbus SB A300-57-6113) and defined, for post-mod aeroplanes, new 
inspections, and published SB A300-57-6119, which included new 
inspection methods (ultrasonic/radiographic) with new inspection 
thresholds and intervals.
    Consequently, EASA issued AD 2016-0198, retaining the 
requirements of EASA AD 2012-0092, which was superseded, to require 
repetitive inspections for post-SB A300-57-6113 aeroplanes.
    Since EASA AD 2016-0198 was issued, Airbus revised in a second 
step the inspection programme for A300-600 pre-SB 57-6113 and A300-
600ST aeroplanes, reducing inspection thresholds and intervals. At 
this opportunity, the existing ultrasonic inspection for A300-600 
aeroplanes has been added for A300-600ST aeroplanes.
    For the reasons described above, this new [EASA] AD retains the 
requirements of EASA AD 2016-0198 for A300-600 aeroplanes and of 
DGAC France AD F-2005-124 for A300-600ST aeroplanes, which are both 
superseded, and requires [modification through cold expansion of 
certain angle fitting attachment holes and] repetitive inspections 
[for cracking of certain holes of the internal lower angle fitting 
web, certain holes of the internal lower angle fitting horizontal 
splicing, the aft bottom panel, and the FR47/Rib 1 junction area, 
and applicable related investigative and corrective actions] with 
new compliance times and intervals. This [EASA] AD is applicable to 
both A300-600 and A300-600ST aeroplanes * * *.

    Related investigative actions include a rotating probe inspection 
for cracking. Corrective actions include replacing damaged fasteners, 
reaming and drilling holes, installing the next nominal fastener for 
oversized bore holes, and repairing cracks. 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-2018-0497.

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.

Request To Refer to New Service Information

    FedEx Express requested that we revise paragraphs (j), (k), and 
(m)(2) of the proposed AD to refer to Airbus Service Bulletin A300-57-
6086, Revision 7, dated March 26, 2018, rather than Airbus Service 
Bulletin A300-57-6086, Revision 6, dated July 4, 2017. FedEx Express 
noted that the service information had been updated since the NPRM was 
released.
    We agree with the request. Airbus Service Bulletin A300-57-6086, 
Revision 7, dated March 26, 2018, removes one airplane from the 
effectivity and adds clarification on reporting related to ultrasonic 
inspections. All actions remain unchanged. We have revised paragraphs 
(j), (k), and (m)(2) of this AD to refer to Airbus Service Bulletin 
A300-57-6086, Revision 7, dated March 26, 2018. We have also revised 
paragraph (p) of this AD to provide credit for certain actions 
performed in accordance with Airbus Service Bulletin A300-57-6086, 
Revision 6, dated July 4, 2017.

Request To Allow Previously Approved Alternative Methods of Compliance 
(AMOCs)

    FedEx Express requested that we revise the proposed AD to allow 
AMOCs previously approved for AD 2014-20-18 as AMOCs for the 
corresponding provisions of this AD.
    We agree with the commenter's request. We have revised paragraph 
(q)(1) of this AD to note that AMOCs previously approved for AD 2014-
20-18 are approved as AMOCs for the corresponding provisions of this 
AD.

Request To Allow Reporting Through Alternative Method

    FedEx Express requested that paragraph (n) of the proposed AD be 
revised to allow operators to determine the method or form they use for 
reporting inspection results. FexEx Express noted that they believe 
reporting is needed, but do not currently have the capability to use 
the Airbus online reporting system.
    We acknowledge the commenter's request, but disagree that we need 
to change this AD regarding this issue. Paragraph (n) of this AD allows 
reporting in accordance with the instructions of the applicable service 
information. This allows operators to use alternative methods of 
reporting, including mail, fax, and email. Therefore, a change to this 
AD is unnecessary.

[[Page 49795]]

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 the following service information.
     Service Bulletin A300-57-6049, Revision 8, dated July 4, 
2017. This service information describes procedures for HFEC rotating 
probe inspections for cracking of certain holes of the internal lower 
angle fitting web.
     Service Bulletin A300-57-6086, Revision 7, dated March 26, 
2018. This service information describes procedures for HFEC rotating 
probe inspections for cracking of certain holes in the internal lower 
angle fitting horizontal splicing (left-hand and right-hand sides) and 
for ultrasonic inspections for cracking of the aft bottom panel.
     Service Bulletin A300-57-6119, Revision 00, dated April 
25, 2016. This service information describes procedures for ultrasonic 
and radiographic inspections for cracking of the FR47/Rib 1 junction 
area.
    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 65 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                    Parts cost           Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 727 work-hours x $85 per hour  Up to $3,370..........  Up to $65,165.........  Up to $4,235,725 per
 = Up to $61,795.                                                                     inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate that it would take about 1 work-hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, we estimate the cost of 
reporting the inspection results on U.S. operators to be $5,525, or $85 
per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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:

[[Page 49796]]

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):

2018-19-18 Airbus SAS: Amendment 39-19418; Docket No. FAA-2018-0497; 
Product Identifier 2017-NM-140-AD.

(a) Effective Date

    This AD is effective November 7, 2018.

(b) Affected ADs

    This AD affects AD 2014-20-18, Amendment 39-17991 (79 FR 65879, 
November 6, 2014) (``AD 2014-20-18'').

(c) Applicability

    This AD applies to Airbus SAS Model A300 B4-603, A300 B4-620, 
A300 B4-622, A300 B4-605R, A300 B4-622R, A300 C4-605R Variant F, and 
A300 F4-605R airplanes, certificated in any category, all 
manufacturer serial numbers, except airplanes on which Airbus 
Modification 12171 or 12249 has been embodied in production, or on 
which Airbus Service Bulletin A300-57-6069 has been embodied in 
service.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports of cracking on the frame (FR) 47 
angle fitting. We are issuing this AD to detect and correct cracking 
of the FR47 angle fitting, which could result in reduced structural 
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    For the purposes of this AD, the definitions in paragraphs 
(g)(1) through (g)(6) apply.
    (1) Group 1 airplanes are those airplanes on which Airbus 
Service Bulletin A300-57-6113, Revision 00, dated April 25, 2016, 
has not been incorporated as of the effective date of this AD.
    (2) Group 2 airplanes are those airplanes on which Airbus 
Service Bulletin A300-57-6113, Revision 00, dated April 25, 2016, 
has been incorporated as of the effective date of this AD.
    (3) The average flight time (AFT) for the inspection threshold 
is defined as the flight hours (FH) divided by the flight cycles 
(FC), counted from the first flight of the airplane.
    (4) The AFT for the inspection interval is defined as the FH 
divided by the FC, counted from the date of the last inspection 
required by paragraph (i), (j), (k), or (l) of this AD, as 
applicable.
    (5) For airplanes on which Airbus modification 10155 has been 
embodied, the thresholds for the inspections required by paragraphs 
(i), (j), and (k) of this AD are counted from the first flight of 
the airplane.
    (6) For airplanes on which Airbus modification 10155 has not 
been embodied, the thresholds for the inspections required by 
paragraphs (i), (j), and (k) of this AD are counted since the date 
on which Airbus Service Bulletin A300-57-6050 was embodied on the 
airplane.

(h) Modification

    For all airplanes on which Airbus modification 10155 has not 
been embodied: Before exceeding 15,100 FC or 38,900 FH, whichever 
occurs first after first flight of the airplane; or within the 
``grace periods'' defined in paragraph 1.B.(4), ``Accomplishment 
Timescale,'' of Airbus Service Bulletin A300-57-6050, Revision 3, 
dated May 31, 2001; whichever occurs later, modify the angle fitting 
attachment holes of the wing center box by cold expansion, including 
doing a rotating probe inspection for cracking, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A300-57-
6050, Revision 3, dated May 31, 2001. Where paragraph 1.B.(4), 
``Accomplishment Timescale,'' of Airbus Service Bulletin A300-57-
6050, Revision 3, dated May 31, 2001, specifies ``grace periods'' 
relative to the receipt of the service bulletin, count the ``grace 
periods'' from December 19, 2005 (the effective date of AD 2005-23-
08 (70 FR 69056, November 14, 2005)). If any crack is found during 
any inspection: Before further flight, repair using a method 
approved by the Manager, International Section, Transport Standards 
Branch, FAA; or 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.

(i) Internal Lower Angle Fitting (Vertical Face) Web Inspections

    For Group 1 airplanes: Before exceeding the applicable threshold 
specified in figure 1 to paragraph (i) of this AD, or within 12 
months after the effective date of this AD, whichever occurs later, 
do a high frequency eddy current (HFEC) rotating probe inspection 
for cracking of holes H, I, K, L M, N, U, V, W, X, and Y of the 
internal lower angle fitting web (left-hand and right-hand sides), 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A300-57-6049, Revision 8, dated July 4, 2017. Repeat the 
inspection thereafter at intervals not to exceed those specified in 
figure 1 to paragraph (i) of this AD.
[GRAPHIC] [TIFF OMITTED] TR03OC18.000

(j) Internal Lower Angle Fitting (Horizontal Face) Inspections

    For Group 1 airplanes: Before exceeding the applicable threshold 
specified in figure 2 to paragraph (j) of this AD, or within 12 
months after the effective date of this AD, whichever occurs later, 
do an HFEC rotating probe inspection for cracking of holes A, B, C, 
D, E, F, G, P, Q, S, and T (adjacent to hole G) of the internal 
lower angle fitting horizontal splicing (left-hand and right-hand 
sides), in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A300-57-6086, Revision 7, dated March 26, 2018. 
Repeat the inspection thereafter at intervals not to exceed those 
specified in figure 2 to paragraph (j) of this AD.

[[Page 49797]]

[GRAPHIC] [TIFF OMITTED] TR03OC18.001

(k) Aft Bottom Panel Inspections

    For Group 1 airplanes: Before exceeding the applicable 
thresholds specified in figure 3 to paragraph (k) of this AD, or 
within 12 months after the effective date of this AD, whichever 
occurs later, do an ultrasonic inspection for cracking of the aft 
bottom panel, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A300-57-6086, Revision 7, dated March 26, 
2018. Repeat the inspection thereafter at intervals not to exceed 
those specified in figure 3 to paragraph (k) of this AD.
[GRAPHIC] [TIFF OMITTED] TR03OC18.002

(l) FR47/Rib 1 junction area inspections

    For Group 2 airplanes: Before exceeding the applicable 
thresholds specified in figure 4 to paragraph (l) of this AD, do 
ultrasonic and radiographic inspections for cracking of the FR47/Rib 
1 junction area, in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A300-57-6119, Revision 00, dated April 
25, 2016. Repeat the inspections thereafter at intervals not to 
exceed those specified in figure 4 to paragraph (l) of this AD. 
Count the threshold compliance times from the date on which Airbus 
Service Bulletin A300-57-6113, Revision 00, dated April 25, 2016, 
was embodied on the airplane.
[GRAPHIC] [TIFF OMITTED] TR03OC18.003


[[Page 49798]]



(m) Related Investigative and Corrective Actions

    If, during any inspection required by paragraph (i), (j), (k), 
or (l) of this AD, any crack is found: Before further flight, 
accomplish all applicable related investigative and corrective 
actions in accordance with the Accomplishment Instructions of the 
service information specified in paragraphs (m)(1) through (m)(3) of 
this AD, as applicable. Where the service information specified in 
paragraphs (m)(1) through (m)(3) of this AD specifies to contact 
Airbus for instructions, before further flight, obtain instructions 
approved by the Manager, International Section, Transport Standards 
Branch, FAA; or EASA; or Airbus SAS's EASA DOA and accomplish those 
instructions accordingly. If approved by the DOA, the approval must 
include the DOA-authorized signature.
    (1) If the inspection was done as specified in paragraph (i) of 
this AD: Airbus Service Bulletin A300-57-6049, Revision 8, dated 
July 4, 2017.
    (2) If the inspection was done as specified in paragraph (j) or 
(k) of this AD: Airbus Service Bulletin A300-57-6086, Revision 7, 
dated March 26, 2018.
    (3) If the inspection was done as specified in paragraph (l) of 
this AD: Airbus Service Bulletin A300-57-6119, Revision 00, dated 
April 25, 2016.

(n) Reporting

    At the applicable time specified in paragraph (n)(1) or (n)(2) 
of this AD: Report the results of the inspections required by 
paragraphs (i), (j), (k), and (l) of this AD to Airbus Service 
Bulletin Reporting Online Application on Airbus World (https://w3.airbus.com/), or submit the results to Airbus in accordance with 
the instructions of the applicable service information specified in 
paragraphs (i), (j), (k), or (l) of this AD. The report must include 
the inspection results, a description of any discrepancies found, 
the airplane serial number, and the number of flight cycles and 
flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(o) Terminating Action for AD 2014-20-18

    Accomplishment of the action required by paragraph (h) of this 
AD and the initial inspections required by paragraphs (i) and (j), 
and (k) of this AD terminates all requirements of AD 2014-20-18.

(p) Credit for Previous Actions

    (1) This paragraph provides credit for actions specified in 
paragraph (h) of this AD, if those actions were performed before 
December 19, 2005 (the effective date of AD 2005-23-08 (70 FR 69056, 
November 14, 2005)), using Airbus Service Bulletin A300-57-6050, 
Revision 02, dated February 10, 2000.
    (2) This paragraph provides credit for actions specified in 
paragraphs (j), (k), and (m)(2) of this AD, if those actions were 
performed before the effective date of this AD using Airbus Service 
Bulletin A300-57-6086, Revision 6, dated July 4, 2017.

(q) 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 (r)(2) of this AD. Information 
may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs previously approved for AD 2014-20-18 are approved as 
AMOCs for the corresponding provisions of this AD.
    (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 EASA; or Airbus SAS's 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
work-hour per response, including the time for reviewing 
instructions, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Comments concerning the accuracy of this burden and 
suggestions for reducing the burden should be directed to the FAA 
at: 800 Independence Ave. SW, Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.
    (4) Required for Compliance (RC): Except as required by 
paragraph (m) of this AD: If any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0210, dated October 24, 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-2018-0497.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (s)(5) and (s)(6) of this AD.

(s) 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.
    (3) The following service information was approved for IBR on 
November 7, 2018.
    (i) Airbus Service Bulletin A300-57-6049, Revision 8, dated July 
4, 2017.
    (ii) Airbus Service Bulletin A300-57-6086, Revision 7, dated 
March 26, 2018.
    (iii) Airbus Service Bulletin A300-57-6119, Revision 00, dated 
April 25, 2016.
    (4) The following service information was approved for IBR on 
December 19, 2005 (70 FR 69056, November 14, 2005).
    (i) Airbus Service Bulletin A300-57-6050, Revision 03, dated May 
31, 2001. This document contains the effective pages specified in 
paragraphs (s)(4)(i)(A), (s)(4)(i)(B), (s)(4)(i)(C), and 
(s)(4)(i)(D) of this AD.
    (A) Pages 1, 4, 10A through 11, 75, and 76 are identified as 
Revision 03, dated May 31, 2001.
    (B) Pages 2, 8, 9, 17 through 32, 41, 42, 57, 58, 61 through 63, 
and 77 are identified as Revision 02, dated February 10, 2000.
    (C) Pages 3, 5 through 7, 10, 12, 33, 34, 37, 38, 47, 59, and 60 
are identified as Revision 01, dated May 31, 1999.
    (D) Pages 13 through 16, 35, 36, 39, 40, 43 through 46, 48 
through 56, and 64 through 74 are identified as original, dated 
September 9, 1994.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email [email protected]; internet 
http://www.airbus.com.
    (6) 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.
    (7) You may view this service information that is incorporated 
by reference at the

[[Page 49799]]

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 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-20348 Filed 10-2-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                              Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations                                        49793

                                             (b) Unsafe Condition                                    (i) Material Incorporated by Reference                certain frame (FR) angle fitting. This AD
                                                This AD defines the unsafe condition as                 (1) The Director of the Federal Register           requires, depending on airplane
                                             failure of an overhead panel shock mount                approved the incorporation by reference of            configuration, a modification of certain
                                             assembly (shock mount). This condition                  the service information listed in this                angle fitting attachment holes; repetitive
                                             could result in detachment of the overhead              paragraph under 5 U.S.C. 552(a) and 1 CFR             inspections for cracking of certain holes
                                             panel and injury to occupants during an                 part 51.                                              of the internal lower angle fitting web,
                                             emergency landing.                                         (2) You must use this service information
                                                                                                                                                           certain holes of the internal lower angle
                                                                                                     as applicable to do the actions required by
                                             (c) Effective Date                                      this AD, unless the AD specifies otherwise.           fitting horizontal splicing, the aft bottom
                                               This AD becomes effective November 7,                    (i) Airbus Helicopters Alert Service               panel, and a certain junction area; and
                                             2018.                                                   Bulletin (ASB) MBB–BK117 C–2–24A–015,                 related investigative and corrective
                                                                                                     Revision 0, dated September 14, 2016.                 actions if necessary. We are issuing this
                                             (d) Compliance                                             (ii) Airbus Helicopters ASB MBB–BK117              AD to address the unsafe condition on
                                               You are responsible for performing each               D–2–24A–004, Revision 0, dated September              these products.
                                             action required by this AD within the                   14, 2016.
                                                                                                                                                           DATES: This AD is effective November 7,
                                             specified compliance time unless it has                    (3) For Airbus Helicopters service
                                                                                                     information identified in this AD, contact            2018.
                                             already been accomplished prior to that time.                                                                    The Director of the Federal Register
                                                                                                     Airbus Helicopters, 2701 N Forum Drive,
                                             (e) Required Actions                                    Grand Prairie, TX 75052; telephone (972)              approved the incorporation by reference
                                               (1) Within 300 hours time-in-service:                 641–0000 or (800) 232–0323; fax (972) 641–            of certain publications listed in this AD
                                               (i) Install a retaining plate on each shock
                                                                                                     3775; or at http://                                   as of November 7, 2018.
                                                                                                     www.helicopters.airbus.com/website/en/ref/               The Director of the Federal Register
                                             mount by following the Accomplishment
                                                                                                     Technical-Support_73.html.                            approved the incorporation by reference
                                             Instructions, paragraphs 3.B.2.1. through
                                                                                                        (4) You may view this service information          of a certain other publication listed in
                                             3.B.2.4, of Airbus Helicopters Alert Service            at FAA, Office of the Regional Counsel,
                                             Bulletin (ASB) MBB–BK117 C–2–24A–015,                                                                         this AD as of December 19, 2005 (70 FR
                                                                                                     Southwest Region, 10101 Hillwood Pkwy.,
                                             Revision 0, dated September 14, 2016 (ASB               Room 6N–321, Fort Worth, TX 76177. For                69056, November 14, 2005).
                                             MBB–BK117 C–2–24A–015), or ASB MBB–                     information on the availability of this               ADDRESSES: For service information
                                             BK117 D–2–24A–004, Revision 0, dated                    material at the FAA, call (817) 222–5110.             identified in this final rule, contact
                                             September 14, 2016 (ASB MBB–BK117 D–2–                     (5) You may view this service information          Airbus SAS, Airworthiness Office—
                                             24A–004), as applicable to your model                   that is incorporated by reference at the              EAW, Rond-Point Emile Dewoitine No:
                                             helicopter.                                             National Archives and Records                         2, 31700 Blagnac Cedex, France;
                                               (ii) Re-identify shock mount P/N                      Administration (NARA). For information on             telephone +33 5 61 93 36 96; fax +33 5
                                             B246M2035102 as P/N B246M2035966 and                    the availability of this material at NARA, call
                                             shock mount P/N B246M2036101 as P/N                     (202) 741–6030, or go to: http://
                                                                                                                                                           61 93 44 51; email account.airworth-
                                             B246M2036966 using permanent ink. When                  www.archives.gov/federal-register/cfr/ibr-            eas@airbus.com; internet http://
                                             the ink is dry, apply varnish over the P/N.             locations.html.                                       www.airbus.com. You may view this
                                               (iii) Re-install each shock mount.                                                                          service information at the FAA,
                                                                                                       Issued in Fort Worth, Texas, on September
                                               (2) After the effective date of this AD, do           24, 2018.
                                                                                                                                                           Transport Standards Branch, 2200
                                             not install a shock mount P/N                                                                                 South 216th St., Des Moines, WA. For
                                                                                                     Lance T. Gant,
                                             B246M2035102 or P/N B246M2036101 on                                                                           information on the availability of this
                                             any helicopter.                                         Director, Compliance & Airworthiness                  material at the FAA, call 206–231–3195.
                                                                                                     Division, Aircraft Certification Service.
                                             (f) Alternative Methods of Compliance                                                                         It is also available on the internet at
                                                                                                     [FR Doc. 2018–21342 Filed 10–2–18; 8:45 am]
                                             (AMOCs)                                                                                                       http://www.regulations.gov by searching
                                                                                                     BILLING CODE 4910–13–P
                                                                                                                                                           for and locating Docket No. FAA–2018–
                                                (1) The Manager, Safety Management
                                             Section, Rotorcraft Standards Branch, FAA,
                                                                                                                                                           0497.
                                             may approve AMOCs for this AD. Send your                DEPARTMENT OF TRANSPORTATION                          Examining the AD Docket
                                             proposal to: Matt Fuller, Senior Aviation
                                             Safety Engineer, Safety Management Section,                                                                      You may examine the AD docket on
                                                                                                     Federal Aviation Administration
                                             Rotorcraft Standards Branch, FAA, 10101                                                                       the internet at http://
                                             Hillwood Pkwy., Fort Worth, TX 76177;                                                                         www.regulations.gov by searching for
                                                                                                     14 CFR Part 39
                                             telephone (817) 222–5110; email 9-ASW-                                                                        and locating Docket No. FAA–2018–
                                             FTW-AMOC-Requests@faa.gov.                              [Docket No. FAA–2018–0497; Product                    0497; or in person at Docket Operations
                                                (2) For operations conducted under a 14              Identifier 2017–NM–140–AD; Amendment                  between 9 a.m. and 5 p.m., Monday
                                             CFR part 119 operating certificate or under             39–19418; AD 2018–19–18]                              through Friday, except Federal holidays.
                                             14 CFR part 91, subpart K, we suggest that              RIN 2120–AA64                                         The AD docket contains this final rule,
                                             you notify your principal inspector, or                                                                       the regulatory evaluation, any
                                             lacking a principal inspector, the manager of           Airworthiness Directives; Airbus SAS                  comments received, and other
                                             the local flight standards district office or           Airplanes                                             information. The address for Docket
                                             certificate holding district office, before                                                                   Operations (phone: 800–647–5527) is
                                             operating any aircraft complying with this              AGENCY:  Federal Aviation
                                                                                                                                                           U.S. Department of Transportation,
                                             AD through an AMOC.                                     Administration (FAA), Department of
                                                                                                                                                           Docket Operations, M–30, West
                                             (g) Additional Information
                                                                                                     Transportation (DOT).
                                                                                                                                                           Building Ground Floor, Room W12–140,
                                                                                                     ACTION: Final rule.
                                               The subject of this AD is addressed in                                                                      1200 New Jersey Avenue SE,
                                             European Aviation Safety Agency (EASA) AD               SUMMARY:  We are adopting a new                       Washington, DC 20590.
                                             No. 2017–0026, dated February 14, 2017. You             airworthiness directive (AD) for certain              FOR FURTHER INFORMATION CONTACT: Dan
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                                             may view the EASA AD on the internet at                 Airbus SAS Model A300 B4–603, B4–                     Rodina, Aerospace Engineer,
                                             http://www.regulations.gov in Docket No.                                                                      International Section, Transport
                                                                                                     620, and B4–622 airplanes; Model A300
                                             FAA–2018–0517.
                                                                                                     B4–600R series airplanes; Model A300                  Standards Branch, FAA, 2200 South
                                             (h) Subject                                             C4–605R Variant F airplanes; and Model                216th St., Des Moines, WA 98198;
                                               Joint Aircraft Service Component (JASC)               A300 F4–605R airplanes. This AD was                   telephone and fax 206–231–3225.
                                             Code: 2400, Electrical Power System.                    prompted by reports of cracking on a                  SUPPLEMENTARY INFORMATION:



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                                             49794            Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations

                                             Discussion                                              Amendment 39–17991 (79 FR 65879,                      Request To Refer to New Service
                                                                                                     November 6, 2014) (‘‘AD 2014–20–18’’)],               Information
                                                We issued a notice of proposed                       retaining the requirements of DGAC France
                                             rulemaking (NPRM) to amend 14 CFR                       AD F–2004–159, which was superseded, and                 FedEx Express requested that we
                                             part 39 by adding an AD that would                      requiring additional repetitive inspections of        revise paragraphs (j), (k), and (m)(2) of
                                             apply to certain Airbus SAS Model                       the CWB lower panel through the ultrasonic            the proposed AD to refer to Airbus
                                             A300 B4–603, B4–620, and B4–622                         method and, depending on findings, re-
                                                                                                     installation of removed fasteners in transition
                                                                                                                                                           Service Bulletin A300–57–6086,
                                             airplanes; Model A300 B4–600R series                                                                          Revision 7, dated March 26, 2018, rather
                                             airplanes; Model A300 C4–605R Variant                   fit instead of interface.
                                                                                                        In addition, DGAC France had previously            than Airbus Service Bulletin A300–57–
                                             F airplanes; and Model A300 F4–605R                                                                           6086, Revision 6, dated July 4, 2017.
                                                                                                     issued AD F–2005–124 (EASA approval
                                             airplanes. The NPRM published in the                    2005–6071) to require the same inspections            FedEx Express noted that the service
                                             Federal Register on June 4, 2018 (83 FR                 for A300 F4–608ST aeroplanes, in                      information had been updated since the
                                             25590). The NPRM was prompted by                        accordance with Airbus SB A300–57–9001                NPRM was released.
                                             reports of cracking on the FR47 angle                   and SB A300–57–9002.
                                             fitting. The NPRM proposed to require,                     Following the discovery of numerous                   We agree with the request. Airbus
                                             depending on airplane configuration, a                  cracks during the accomplishment of SB                Service Bulletin A300–57–6086,
                                             modification of certain angle fitting                   A300–57–6049 and SB A300–57–6089                      Revision 7, dated March 26, 2018,
                                                                                                     inspections, Airbus developed in a first step         removes one airplane from the
                                             attachment holes; repetitive inspections
                                                                                                     a new (recommended) modification (Airbus              effectivity and adds clarification on
                                             for cracking of certain holes of the                    SB A300–57–6113) and defined, for post-mod
                                             internal lower angle fitting web, certain                                                                     reporting related to ultrasonic
                                                                                                     aeroplanes, new inspections, and published
                                             holes of the internal lower angle fitting               SB A300–57–6119, which included new
                                                                                                                                                           inspections. All actions remain
                                             horizontal splicing, the aft bottom                     inspection methods (ultrasonic/radiographic)          unchanged. We have revised paragraphs
                                             panel, and the FR47/Rib 1 junction area;                with new inspection thresholds and                    (j), (k), and (m)(2) of this AD to refer to
                                             and related investigative and corrective                intervals.                                            Airbus Service Bulletin A300–57–6086,
                                             actions if necessary.                                      Consequently, EASA issued AD 2016–                 Revision 7, dated March 26, 2018. We
                                                We are issuing this AD to address                    0198, retaining the requirements of EASA AD           have also revised paragraph (p) of this
                                                                                                     2012–0092, which was superseded, to require           AD to provide credit for certain actions
                                             cracking of the FR47 angle fitting, which
                                                                                                     repetitive inspections for post-SB A300–57–           performed in accordance with Airbus
                                             could result in reduced structural                      6113 aeroplanes.
                                             integrity of the airplane.                                 Since EASA AD 2016–0198 was issued,
                                                                                                                                                           Service Bulletin A300–57–6086,
                                                The European Aviation Safety Agency                  Airbus revised in a second step the                   Revision 6, dated July 4, 2017.
                                             (EASA), which is the Technical Agent                    inspection programme for A300–600 pre-SB              Request To Allow Previously Approved
                                             for the Member States of the European                   57–6113 and A300–600ST aeroplanes,
                                                                                                                                                           Alternative Methods of Compliance
                                             Union, has issued EASA AD 2017–0210,                    reducing inspection thresholds and intervals.
                                                                                                     At this opportunity, the existing ultrasonic          (AMOCs)
                                             dated October 24, 2017 (referred to after
                                             this as the Mandatory Continuing                        inspection for A300–600 aeroplanes has been
                                                                                                     added for A300–600ST aeroplanes.
                                                                                                                                                             FedEx Express requested that we
                                             Airworthiness Information, or ‘‘the                                                                           revise the proposed AD to allow AMOCs
                                                                                                        For the reasons described above, this new
                                             MCAI’’), to correct an unsafe condition                 [EASA] AD retains the requirements of EASA            previously approved for AD 2014–20–18
                                             for certain Airbus SAS Model A300 B4–                   AD 2016–0198 for A300–600 aeroplanes and              as AMOCs for the corresponding
                                             603, B4–620, and B4–622 airplanes;                      of DGAC France AD F–2005–124 for A300–                provisions of this AD.
                                             Model A300 B4–600R series airplanes;                    600ST aeroplanes, which are both                        We agree with the commenter’s
                                             Model A300 C4–605R Variant F                            superseded, and requires [modification
                                                                                                     through cold expansion of certain angle
                                                                                                                                                           request. We have revised paragraph
                                             airplanes; and Model A300 F4–605R
                                                                                                     fitting attachment holes and] repetitive              (q)(1) of this AD to note that AMOCs
                                             airplanes. The MCAI states:
                                                                                                     inspections [for cracking of certain holes of         previously approved for AD 2014–20–18
                                                Prompted by cracks found on the Frame                the internal lower angle fitting web, certain         are approved as AMOCs for the
                                             (FR) 47 angle fitting, Airbus issued SB                 holes of the internal lower angle fitting             corresponding provisions of this AD.
                                             [Service Bulletin] A300–57–6049, SB A300–               horizontal splicing, the aft bottom panel, and
                                             57–6050, and SB A300–57–6086.                           the FR47/Rib 1 junction area, and applicable          Request To Allow Reporting Through
                                                These cracks, if not detected and corrected,         related investigative and corrective actions]         Alternative Method
                                             could affect the structural integrity of the
                                                                                                     with new compliance times and intervals.
                                             centre wing box (CWB) of the aeroplane.                                                                         FedEx Express requested that
                                                                                                     This [EASA] AD is applicable to both A300–
                                                Consequently, DGAC [Direction Générale                                                                   paragraph (n) of the proposed AD be
                                                                                                     600 and A300–600ST aeroplanes * * *.
                                             de l’Aviation Civile] France published AD                                                                     revised to allow operators to determine
                                             94–241–170, AD 1999–147–279, AD 2000–                      Related investigative actions include a
                                             533–328 and AD F–2004–159 (EASA                                                                               the method or form they use for
                                                                                                     rotating probe inspection for cracking.
                                             approval 2004–9779), each AD superseding                                                                      reporting inspection results. FexEx
                                                                                                     Corrective actions include replacing
                                             the previous one, to require repetitive high                                                                  Express noted that they believe
                                                                                                     damaged fasteners, reaming and drilling
                                             frequency eddy current (HFEC) rotating                                                                        reporting is needed, but do not currently
                                             probe inspections of the FR47 internal lower            holes, installing the next nominal
                                                                                                                                                           have the capability to use the Airbus
                                             angle fitting.                                          fastener for oversized bore holes, and
                                                                                                                                                           online reporting system.
                                                After DGAC France AD F–2004–159 was                  repairing cracks. You may examine the
                                             issued, cracks were reportedly found on the             MCAI in the AD docket on the internet                   We acknowledge the commenter’s
                                             horizontal flange of FR47 internal corner               at http://www.regulations.gov by                      request, but disagree that we need to
                                             angle fitting during accomplishment of                  searching for and locating Docket No.                 change this AD regarding this issue.
                                             routine maintenance structural inspection               FAA–2018–0497.                                        Paragraph (n) of this AD allows
                                             and modification in accordance with the                                                                       reporting in accordance with the
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                                             instructions of Airbus SB A300–57–6050.                 Comments                                              instructions of the applicable service
                                             Prompted by these findings, Airbus reviewed
                                             and amended the inspection programme for
                                                                                                       We gave the public the opportunity to               information. This allows operators to
                                             the internal lower angle fitting flange                 participate in developing this final rule.            use alternative methods of reporting,
                                             (horizontal face).                                      The following presents the comments                   including mail, fax, and email.
                                                Consequently, EASA issued AD 2012–0092               received on the NPRM and the FAA’s                    Therefore, a change to this AD is
                                             [which corresponds to FAA AD 2014–20–18,                response to each comment.                             unnecessary.


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                                                              Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations                                              49795

                                             Conclusion                                              Related Service Information Under 1                        inspections for cracking of the aft
                                                We reviewed the relevant data,                       CFR Part 51                                                bottom panel.
                                             considered the comments received, and                                                                                • Service Bulletin A300–57–6119,
                                                                                                       Airbus SAS has issued the following                      Revision 00, dated April 25, 2016. This
                                             determined that air safety and the                      service information.
                                             public interest require adopting this                                                                              service information describes
                                             final rule with the changes described                     • Service Bulletin A300–57–6049,                         procedures for ultrasonic and
                                             previously and minor editorial changes.                 Revision 8, dated July 4, 2017. This                       radiographic inspections for cracking of
                                             We have determined that these minor                     service information describes                              the FR47/Rib 1 junction area.
                                             changes:                                                procedures for HFEC rotating probe                           This service information is reasonably
                                                • Are consistent with the intent that                inspections for cracking of certain holes                  available because the interested parties
                                             was proposed in the NPRM for                            of the internal lower angle fitting web.                   have access to it through their normal
                                             addressing the unsafe condition; and                      • Service Bulletin A300–57–6086,                         course of business or by the means
                                                • Do not add any additional burden                   Revision 7, dated March 26, 2018. This                     identified in the ADDRESSES section.
                                             upon the public than was already                        service information describes
                                                                                                                                                                Costs of Compliance
                                             proposed in the NPRM.                                   procedures for HFEC rotating probe
                                                We also determined that these                        inspections for cracking of certain holes                    We estimate that this AD affects 65
                                             changes will not increase the economic                  in the internal lower angle fitting                        airplanes of U.S. registry.
                                             burden on any operator or increase the                  horizontal splicing (left-hand and right-                    We estimate the following costs to
                                             scope of this final rule.                               hand sides) and for ultrasonic                             comply with this AD:
                                                                                                   ESTIMATED COSTS FOR REQUIRED ACTIONS
                                                                 Labor cost                                 Parts cost                Cost per product                     Cost on U.S. operators

                                             Up to 727 work-hours × $85 per hour = Up to             Up to $3,370 ..............   Up to $65,165 ............   Up to $4,235,725 per inspection cycle.
                                               $61,795.



                                               We estimate that it would take about                  Authority for This Rulemaking                              Regulatory Findings
                                             1 work-hour per product to comply with
                                             the reporting requirement in this AD.                      Title 49 of the United States Code                        This AD will not have federalism
                                             The average labor rate is $85 per hour.                 specifies the FAA’s authority to issue                     implications under Executive Order
                                             Based on these figures, we estimate the                 rules on aviation safety. Subtitle I,                      13132. This AD will not have a
                                             cost of reporting the inspection results                section 106, describes the authority of                    substantial direct effect on the States, on
                                             on U.S. operators to be $5,525, or $85                  the FAA Administrator. Subtitle VII:                       the relationship between the national
                                             per product.                                            Aviation Programs, describes in more                       government and the States, or on the
                                                                                                     detail the scope of the Agency’s                           distribution of power and
                                               We have received no definitive data
                                                                                                     authority.                                                 responsibilities among the various
                                             that would enable us to provide cost
                                                                                                        We are issuing this rulemaking under                    levels of government.
                                             estimates for the on-condition actions
                                             specified in this AD.                                   the authority described in Subtitle VII,                     For the reasons discussed above, I
                                                                                                     Part A, Subpart III, Section 44701:                        certify that this AD:
                                             Paperwork Reduction Act                                 ‘‘General requirements.’’ Under that                         (1) Is not a ‘‘significant regulatory
                                                                                                     section, Congress charges the FAA with                     action’’ under Executive Order 12866,
                                               A federal agency may not conduct or
                                                                                                     promoting safe flight of civil aircraft in
                                             sponsor, and a person is not required to                                                                             (2) Is not a ‘‘significant rule’’ under
                                                                                                     air commerce by prescribing regulations
                                             respond to, nor shall a person be subject                                                                          the DOT Regulatory Policies and
                                                                                                     for practices, methods, and procedures
                                             to penalty for failure to comply with a                                                                            Procedures (44 FR 11034, February 26,
                                                                                                     the Administrator finds necessary for
                                             collection of information subject to the                                                                           1979),
                                                                                                     safety in air commerce. This regulation
                                             requirements of the Paperwork                                                                                        (3) Will not affect intrastate aviation
                                                                                                     is within the scope of that authority
                                             Reduction Act unless that collection of
                                                                                                     because it addresses an unsafe condition                   in Alaska, and
                                             information displays a current valid
                                                                                                     that is likely to exist or develop on                        (4) Will not have a significant
                                             OMB control number. The control
                                             number for the collection of information                products identified in this rulemaking                     economic impact, positive or negative,
                                             required by this AD is 2120–0056. The                   action.                                                    on a substantial number of small entities
                                             paperwork cost associated with this AD                     This AD is issued in accordance with                    under the criteria of the Regulatory
                                             has been detailed in the Costs of                       authority delegated by the Executive                       Flexibility Act.
                                             Compliance section of this document                     Director, Aircraft Certification Service,
                                                                                                                                                                List of Subjects in 14 CFR Part 39
                                             and includes time for reviewing                         as authorized by FAA Order 8000.51C.
                                             instructions, as well as completing and                 In accordance with that order, issuance                      Air transportation, Aircraft, Aviation
                                             reviewing the collection of information.                of ADs is normally a function of the                       safety, Incorporation by reference,
                                             Therefore, all reporting associated with                Compliance and Airworthiness                               Safety.
                                             this AD is mandatory. Comments                          Division, but during this transition
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                                             concerning the accuracy of this burden                  period, the Executive Director has                         Adoption of the Amendment
                                             and suggestions for reducing the burden                 delegated the authority to issue ADs                         Accordingly, under the authority
                                             should be directed to the FAA at 800                    applicable to transport category                           delegated to me by the Administrator,
                                             Independence Ave. SW, Washington,                       airplanes and associated appliances to                     the FAA amends 14 CFR part 39 as
                                             DC 20591, ATTN: Information                             the Director of the System Oversight                       follows:
                                             Collection Clearance Officer, AES–200.                  Division.


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                                             49796            Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations

                                             PART 39—AIRWORTHINESS                                   (f) Compliance                                        ‘‘Accomplishment Timescale,’’ of Airbus
                                             DIRECTIVES                                                 Comply with this AD within the                     Service Bulletin A300–57–6050, Revision 3,
                                                                                                     compliance times specified, unless already            dated May 31, 2001; whichever occurs later,
                                             ■ 1. The authority citation for part 39                 done.                                                 modify the angle fitting attachment holes of
                                             continues to read as follows:                                                                                 the wing center box by cold expansion,
                                                                                                     (g) Definitions                                       including doing a rotating probe inspection
                                                 Authority: 49 U.S.C. 106(g), 40113, 44701.             For the purposes of this AD, the definitions       for cracking, in accordance with the
                                             § 39.13   [Amended]                                     in paragraphs (g)(1) through (g)(6) apply.            Accomplishment Instructions of Airbus
                                                                                                        (1) Group 1 airplanes are those airplanes          Service Bulletin A300–57–6050, Revision 3,
                                             ■ 2. The FAA amends § 39.13 by adding                   on which Airbus Service Bulletin A300–57–             dated May 31, 2001. Where paragraph 1.B.(4),
                                             the following new airworthiness                         6113, Revision 00, dated April 25, 2016, has          ‘‘Accomplishment Timescale,’’ of Airbus
                                             directive (AD):                                         not been incorporated as of the effective date        Service Bulletin A300–57–6050, Revision 3,
                                                                                                     of this AD.                                           dated May 31, 2001, specifies ‘‘grace
                                             2018–19–18 Airbus SAS: Amendment 39–                       (2) Group 2 airplanes are those airplanes
                                                 19418; Docket No. FAA–2018–0497;                                                                          periods’’ relative to the receipt of the service
                                                                                                     on which Airbus Service Bulletin A300–57–
                                                 Product Identifier 2017–NM–140–AD.                                                                        bulletin, count the ‘‘grace periods’’ from
                                                                                                     6113, Revision 00, dated April 25, 2016, has
                                                                                                     been incorporated as of the effective date of         December 19, 2005 (the effective date of AD
                                             (a) Effective Date
                                                                                                     this AD.                                              2005–23–08 (70 FR 69056, November 14,
                                               This AD is effective November 7, 2018.                                                                      2005)). If any crack is found during any
                                                                                                        (3) The average flight time (AFT) for the
                                             (b) Affected ADs                                        inspection threshold is defined as the flight         inspection: Before further flight, repair using
                                                                                                     hours (FH) divided by the flight cycles (FC),         a method approved by the Manager,
                                               This AD affects AD 2014–20–18,
                                             Amendment 39–17991 (79 FR 65879,                        counted from the first flight of the airplane.        International Section, Transport Standards
                                             November 6, 2014) (‘‘AD 2014–20–18’’).                     (4) The AFT for the inspection interval is         Branch, FAA; or the European Aviation
                                                                                                     defined as the FH divided by the FC, counted          Safety Agency (EASA); or Airbus SAS’s
                                             (c) Applicability                                       from the date of the last inspection required         EASA Design Organization Approval (DOA).
                                                This AD applies to Airbus SAS Model                  by paragraph (i), (j), (k), or (l) of this AD, as     If approved by the DOA, the approval must
                                             A300 B4–603, A300 B4–620, A300 B4–622,                  applicable.                                           include the DOA-authorized signature.
                                             A300 B4–605R, A300 B4–622R, A300 C4–                       (5) For airplanes on which Airbus
                                             605R Variant F, and A300 F4–605R airplanes,             modification 10155 has been embodied, the             (i) Internal Lower Angle Fitting (Vertical
                                             certificated in any category, all manufacturer          thresholds for the inspections required by            Face) Web Inspections
                                             serial numbers, except airplanes on which               paragraphs (i), (j), and (k) of this AD are             For Group 1 airplanes: Before exceeding
                                             Airbus Modification 12171 or 12249 has been             counted from the first flight of the airplane.        the applicable threshold specified in figure 1
                                             embodied in production, or on which Airbus                 (6) For airplanes on which Airbus                  to paragraph (i) of this AD, or within 12
                                             Service Bulletin A300–57–6069 has been                  modification 10155 has not been embodied,             months after the effective date of this AD,
                                             embodied in service.                                    the thresholds for the inspections required by        whichever occurs later, do a high frequency
                                                                                                     paragraphs (i), (j), and (k) of this AD are
                                             (d) Subject                                                                                                   eddy current (HFEC) rotating probe
                                                                                                     counted since the date on which Airbus
                                                                                                                                                           inspection for cracking of holes H, I, K, L M,
                                               Air Transport Association (ATA) of                    Service Bulletin A300–57–6050 was
                                                                                                     embodied on the airplane.                             N, U, V, W, X, and Y of the internal lower
                                             America Code 57, Wings.
                                                                                                                                                           angle fitting web (left-hand and right-hand
                                             (e) Reason                                              (h) Modification                                      sides), in accordance with the
                                                This AD was prompted by reports of                     For all airplanes on which Airbus                   Accomplishment Instructions of Airbus
                                             cracking on the frame (FR) 47 angle fitting.            modification 10155 has not been embodied:             Service Bulletin A300–57–6049, Revision 8,
                                             We are issuing this AD to detect and correct            Before exceeding 15,100 FC or 38,900 FH,              dated July 4, 2017. Repeat the inspection
                                             cracking of the FR47 angle fitting, which               whichever occurs first after first flight of the      thereafter at intervals not to exceed those
                                             could result in reduced structural integrity of         airplane; or within the ‘‘grace periods’’             specified in figure 1 to paragraph (i) of this
                                             the airplane.                                           defined in paragraph 1.B.(4),                         AD.




                                             (j) Internal Lower Angle Fitting (Horizontal            whichever occurs later, do an HFEC rotating           Accomplishment Instructions of Airbus
                                             Face) Inspections                                       probe inspection for cracking of holes A, B,          Service Bulletin A300–57–6086, Revision 7,
                                                For Group 1 airplanes: Before exceeding              C, D, E, F, G, P, Q, S, and T (adjacent to hole       dated March 26, 2018. Repeat the inspection
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                                             the applicable threshold specified in figure 2          G) of the internal lower angle fitting                thereafter at intervals not to exceed those
                                             to paragraph (j) of this AD, or within 12               horizontal splicing (left-hand and right-hand         specified in figure 2 to paragraph (j) of this
                                             months after the effective date of this AD,             sides), in accordance with the                        AD.
                                                                                                                                                                                                              ER03OC18.000</GPH>




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                                                              Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations                                           49797




                                             (k) Aft Bottom Panel Inspections                        months after the effective date of this AD,           Service Bulletin A300–57–6086, Revision 7,
                                                For Group 1 airplanes: Before exceeding              whichever occurs later, do an ultrasonic              dated March 26, 2018. Repeat the inspection
                                                                                                     inspection for cracking of the aft bottom             thereafter at intervals not to exceed those
                                             the applicable thresholds specified in figure
                                                                                                     panel, in accordance with the                         specified in figure 3 to paragraph (k) of this
                                             3 to paragraph (k) of this AD, or within 12             Accomplishment Instructions of Airbus                 AD.




                                             (l) FR47/Rib 1 junction area inspections                the FR47/Rib 1 junction area, in accordance           paragraph (l) of this AD. Count the threshold
                                                For Group 2 airplanes: Before exceeding              with the Accomplishment Instructions of               compliance times from the date on which
                                                                                                     Airbus Service Bulletin A300–57–6119,                 Airbus Service Bulletin A300–57–6113,
                                             the applicable thresholds specified in figure
                                                                                                     Revision 00, dated April 25, 2016. Repeat the         Revision 00, dated April 25, 2016, was
                                             4 to paragraph (l) of this AD, do ultrasonic            inspections thereafter at intervals not to
                                             and radiographic inspections for cracking of                                                                  embodied on the airplane.
                                                                                                     exceed those specified in figure 4 to




                                                                                                                                                                                                            ER03OC18.002</GPH> ER03OC18.003</GPH>
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                                                                                                                                                                                                            ER03OC18.001</GPH>




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                                             49798            Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations

                                             (m) Related Investigative and Corrective                performed before the effective date of this AD        changes to procedures or tests identified as
                                             Actions                                                 using Airbus Service Bulletin A300–57–6086,           RC require approval of an AMOC.
                                               If, during any inspection required by                 Revision 6, dated July 4, 2017.
                                                                                                                                                           (r) Related Information
                                             paragraph (i), (j), (k), or (l) of this AD, any         (q) Other FAA AD Provisions
                                             crack is found: Before further flight,                                                                           (1) Refer to Mandatory Continuing
                                                                                                       The following provisions also apply to this         Airworthiness Information (MCAI) EASA AD
                                             accomplish all applicable related
                                                                                                     AD:                                                   2017–0210, dated October 24, 2017, for
                                             investigative and corrective actions in
                                                                                                       (1) Alternative Methods of Compliance               related information. This MCAI may be
                                             accordance with the Accomplishment
                                                                                                     (AMOCs): The Manager, International                   found in the AD docket on the internet at
                                             Instructions of the service information
                                                                                                     Section, Transport Standards Branch, FAA,             http://www.regulations.gov by searching for
                                             specified in paragraphs (m)(1) through (m)(3)
                                                                                                     has the authority to approve AMOCs for this           and locating Docket No. FAA–2018–0497.
                                             of this AD, as applicable. Where the service
                                                                                                     AD, if requested using the procedures found              (2) For more information about this AD,
                                             information specified in paragraphs (m)(1)
                                             through (m)(3) of this AD specifies to contact          in 14 CFR 39.19. In accordance with 14 CFR            contact Dan Rodina, Aerospace Engineer,
                                             Airbus for instructions, before further flight,         39.19, send your request to your principal            International Section, Transport Standards
                                             obtain instructions approved by the Manager,            inspector or local Flight Standards District          Branch, FAA, 2200 South 216th St., Des
                                             International Section, Transport Standards              Office, as appropriate. If sending information        Moines, WA 98198; telephone and fax 206–
                                             Branch, FAA; or EASA; or Airbus SAS’s                   directly to the International Section, send it        231–3225.
                                             EASA DOA and accomplish those                           to the attention of the person identified in             (3) Service information identified in this
                                             instructions accordingly. If approved by the            paragraph (r)(2) of this AD. Information may          AD that is not incorporated by reference is
                                             DOA, the approval must include the DOA-                 be emailed to: 9-ANM-116-AMOC-                        available at the addresses specified in
                                             authorized signature.                                   REQUESTS@faa.gov.                                     paragraphs (s)(5) and (s)(6) of this AD.
                                               (1) If the inspection was done as specified             (i) Before using any approved AMOC,
                                                                                                     notify your appropriate principal inspector,          (s) Material Incorporated by Reference
                                             in paragraph (i) of this AD: Airbus Service
                                             Bulletin A300–57–6049, Revision 8, dated                or lacking a principal inspector, the manager            (1) The Director of the Federal Register
                                             July 4, 2017.                                           of the local flight standards district office/        approved the incorporation by reference
                                               (2) If the inspection was done as specified           certificate holding district office.                  (IBR) of the service information listed in this
                                             in paragraph (j) or (k) of this AD: Airbus                (ii) AMOCs previously approved for AD               paragraph under 5 U.S.C. 552(a) and 1 CFR
                                             Service Bulletin A300–57–6086, Revision 7,              2014–20–18 are approved as AMOCs for the              part 51.
                                             dated March 26, 2018.                                   corresponding provisions of this AD.                     (2) You must use this service information
                                               (3) If the inspection was done as specified             (2) Contacting the Manufacturer: For any            as applicable to do the actions required by
                                             in paragraph (l) of this AD: Airbus Service             requirement in this AD to obtain corrective           this AD, unless this AD specifies otherwise.
                                             Bulletin A300–57–6119, Revision 00, dated               actions from a manufacturer, the action must             (3) The following service information was
                                             April 25, 2016.                                         be accomplished using a method approved               approved for IBR on November 7, 2018.
                                                                                                     by the Manager, International Section,                   (i) Airbus Service Bulletin A300–57–6049,
                                             (n) Reporting                                           Transport Standards Branch, FAA; or EASA;             Revision 8, dated July 4, 2017.
                                                At the applicable time specified in                  or Airbus SAS’s EASA DOA. If approved by                 (ii) Airbus Service Bulletin A300–57–6086,
                                             paragraph (n)(1) or (n)(2) of this AD: Report           the DOA, the approval must include the                Revision 7, dated March 26, 2018.
                                             the results of the inspections required by              DOA-authorized signature.                                (iii) Airbus Service Bulletin A300–57–
                                             paragraphs (i), (j), (k), and (l) of this AD to           (3) Paperwork Reduction Act Burden                  6119, Revision 00, dated April 25, 2016.
                                             Airbus Service Bulletin Reporting Online                Statement: A federal agency may not conduct              (4) The following service information was
                                             Application on Airbus World (https://                   or sponsor, and a person is not required to           approved for IBR on December 19, 2005 (70
                                             w3.airbus.com/), or submit the results to               respond to, nor shall a person be subject to          FR 69056, November 14, 2005).
                                             Airbus in accordance with the instructions of           a penalty for failure to comply with a                   (i) Airbus Service Bulletin A300–57–6050,
                                             the applicable service information specified            collection of information subject to the              Revision 03, dated May 31, 2001. This
                                             in paragraphs (i), (j), (k), or (l) of this AD. The     requirements of the Paperwork Reduction               document contains the effective pages
                                             report must include the inspection results, a           Act unless that collection of information             specified in paragraphs (s)(4)(i)(A),
                                             description of any discrepancies found, the             displays a current valid OMB Control                  (s)(4)(i)(B), (s)(4)(i)(C), and (s)(4)(i)(D) of this
                                             airplane serial number, and the number of               Number. The OMB Control Number for this               AD.
                                             flight cycles and flight hours on the airplane.         information collection is 2120–0056. Public              (A) Pages 1, 4, 10A through 11, 75, and 76
                                                (1) If the inspection was done on or after           reporting for this collection of information is       are identified as Revision 03, dated May 31,
                                             the effective date of this AD: Submit the               estimated to be approximately 1 work-hour             2001.
                                             report within 30 days after the inspection.             per response, including the time for                     (B) Pages 2, 8, 9, 17 through 32, 41, 42, 57,
                                                (2) If the inspection was done before the            reviewing instructions, completing and                58, 61 through 63, and 77 are identified as
                                             effective date of this AD: Submit the report            reviewing the collection of information. All          Revision 02, dated February 10, 2000.
                                             within 30 days after the effective date of this         responses to this collection of information              (C) Pages 3, 5 through 7, 10, 12, 33, 34, 37,
                                             AD.                                                     are mandatory. Comments concerning the                38, 47, 59, and 60 are identified as Revision
                                                                                                     accuracy of this burden and suggestions for           01, dated May 31, 1999.
                                             (o) Terminating Action for AD 2014–20–18                reducing the burden should be directed to                (D) Pages 13 through 16, 35, 36, 39, 40, 43
                                               Accomplishment of the action required by              the FAA at: 800 Independence Ave. SW,                 through 46, 48 through 56, and 64 through
                                             paragraph (h) of this AD and the initial                Washington, DC 20591, Attn: Information               74 are identified as original, dated September
                                             inspections required by paragraphs (i) and (j),         Collection Clearance Officer, AES–200.                9, 1994.
                                             and (k) of this AD terminates all                         (4) Required for Compliance (RC): Except               (ii) Reserved.
                                             requirements of AD 2014–20–18.                          as required by paragraph (m) of this AD: If              (5) For service information identified in
                                                                                                     any service information contains procedures           this AD, contact Airbus SAS, Airworthiness
                                             (p) Credit for Previous Actions                         or tests that are identified as RC, those             Office—EAW, Rond-Point Emile Dewoitine
                                                (1) This paragraph provides credit for               procedures and tests must be done to comply           No: 2, 31700 Blagnac Cedex, France;
                                             actions specified in paragraph (h) of this AD,          with this AD; any procedures or tests that are        telephone +33 5 61 93 36 96; fax +33 5 61
                                             if those actions were performed before                  not identified as RC are recommended. Those           93 44 51; email account.airworth-eas@
                                             December 19, 2005 (the effective date of AD             procedures and tests that are not identified          airbus.com; internet http://www.airbus.com.
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                                             2005–23–08 (70 FR 69056, November 14,                   as RC may be deviated from using accepted                (6) You may view this service information
                                             2005)), using Airbus Service Bulletin A300–             methods in accordance with the operator’s             at the FAA, Transport Standards Branch,
                                             57–6050, Revision 02, dated February 10,                maintenance or inspection program without             2200 South 216th St., Des Moines, WA. For
                                             2000.                                                   obtaining approval of an AMOC, provided               information on the availability of this
                                                (2) This paragraph provides credit for               the procedures and tests identified as RC can         material at the FAA, call 206–231–3195.
                                             actions specified in paragraphs (j), (k), and           be done and the airplane can be put back in              (7) You may view this service information
                                             (m)(2) of this AD, if those actions were                an airworthy condition. Any substitutions or          that is incorporated by reference at the



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                                                              Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Rules and Regulations                                       49799

                                             National Archives and Records                           Executive Summary                                     participant who was a ‘‘substantial
                                             Administration (NARA). For information on                                                                     owner’’ at any time within the 60
                                             the availability of this material at NARA, call         Purpose of the Regulatory Action
                                                                                                                                                           months preceding the date on which the
                                             202–741–6030, or go to: http://                            This final rule is necessary to conform            determination was made. Section
                                             www.archives.gov/federal-register/cfr/ibr-
                                                                                                     the regulations of PBGC to current law                4021(d) of ERISA defines a substantial
                                             locations.html.
                                                                                                     and practice. PBGC is incorporating                   owner as an individual who owns the
                                               Issued in Des Moines, Washington, on                  statutory changes affecting guaranteed                entire interest in an unincorporated
                                             September 10, 2018.                                     benefits and asset allocation when a                  trade or business, or a partner or
                                             Michael Kaszycki,                                       plan has one or more participants with                shareholder who owns more than 10
                                             Acting Director, System Oversight Division,             certain ownership interests in the plan               percent of the partnership or
                                             Aircraft Certification Service.                         sponsor. PBGC’s legal authority for this              corporation. PPA 2006 revised the
                                             [FR Doc. 2018–20348 Filed 10–2–18; 8:45 am]             action comes from sections 4002(b)(3),                owner-participant provisions, in large
                                             BILLING CODE 4910–13–P                                  4022, and 4044 of ERISA. Section                      part, by making them applicable to
                                                                                                     4002(b)(3) authorizes PBGC to issue                   ‘‘majority owners’’ instead of substantial
                                                                                                     regulations to carry out the purposes of              owners. Section 4022(b)(5)(A) of ERISA
                                                                                                     title IV of ERISA. Sections 4022 and                  defines a majority owner as an
                                             PENSION BENEFIT GUARANTY                                4044 authorize PBGC to prescribe                      individual who owns the entire interest
                                             CORPORATION                                             regulations regarding the determination               in an unincorporated trade or business,
                                                                                                     of guaranteed benefits and the allocation             or a partner or shareholder who owns 50
                                             29 CFR Parts 4001, 4022, 4043, and                      of assets within priority categories,                 percent or more of the entity.
                                             4044                                                    respectively.                                            On March 7, 2018 (at 83 FR 9716),
                                                                                                                                                           PBGC published a proposed rule to
                                             RIN 1212–AB24
                                                                                                     Major Provisions                                      amend parts 4001, 4022, 4041, 4043,
                                                                                                       This final rule amends PBGC’s benefit               and 4044 to incorporate statutory
                                             Owner-Participant Changes to                            payment regulation by replacing the                   changes to the rules for participants
                                             Guaranteed Benefits and Asset                           guarantee limitations applicable to                   with certain ownership interests in a
                                             Allocation                                              substantial owners with a new                         plan sponsor. PBGC received no
                                                                                                     limitation applicable to majority                     comments on the proposed rule.
                                             AGENCY:  Pension Benefit Guaranty                                                                                The final regulation is the same as the
                                                                                                     owners.1 Additionally, this final rule
                                             Corporation.                                                                                                  proposed regulation with two
                                                                                                     amends PBGC’s asset allocation
                                             ACTION: Final rule.                                     regulation by prioritizing funding of all             exceptions discussed below: PBGC is
                                                                                                     other benefits in priority category 4                 adding clarifying language to § 4022.26
                                             SUMMARY:   The Pension Benefit Guaranty                                                                       of the benefit payment regulation,
                                                                                                     ahead of those benefits that would be
                                             Corporation (PBGC) is amending its                                                                            concerning PPA 2006 bankruptcy
                                                                                                     guaranteed but for the new limitation.
                                             regulations on guaranteed benefits and                                                                        terminations; and PBGC is not making
                                                                                                     The rulemaking also clarifies that plan
                                             asset allocation. These amendments                                                                            the proposed amendment to its
                                                                                                     administrators may continue to use the
                                             incorporate statutory changes to the                                                                          regulation on Termination of Single-
                                                                                                     simplified calculation in the existing
                                             rules for participants with certain                                                                           Employer Plans (29 CFR part 4041).
                                                                                                     rule to estimate benefits funded by plan
                                             ownership interests in a plan sponsor.
                                                                                                     assets. Finally, it provides new                      Guaranteed Benefits Before and After
                                             DATES: Effective Date: This rule is                     examples to aid in implementation.                    PPA 2006
                                             effective November 2, 2018.
                                                Applicability: Like the provisions of                Background                                               ERISA section 4022 imposes several
                                             the Pension Protection Act of 2006 (PPA                    PBGC administers the pension                       limitations on PBGC’s guarantee of plan
                                             2006) that this rule incorporates, the                  insurance program under title IV of                   benefits, including the ‘‘phase-in
                                             amendments in this final rule are                       ERISA. ERISA sections 4022 and 4044                   limitation.’’ As the name of this
                                             applicable to plan terminations—                        cover PBGC’s guarantee of plan benefits               limitation suggests, PBGC’s guarantee of
                                                (A) under section 4041(c) of the                     and allocation of plan assets,                        a plan’s benefits is phased in over a
                                             Employee Retirement Income Security                     respectively, under terminated single-                specified time period. Before PPA 2006,
                                             Act of 1974 (ERISA) with respect to                     employer plans. Special provisions                    this time period was drastically
                                             which notices of intent to terminate are                within these sections apply to ‘‘owner-               different for owner-participants and for
                                             provided under section 4041(a)(2) of                    participants,’’ who have certain                      all other participants; the benefits of
                                             ERISA after December 31, 2005, and                      ownership interests in their plan                     owner-participants were phased in over
                                                (B) under section 4042 of ERISA with                 sponsors. PPA 2006 made changes to                    30 years, whereas the benefits of non-
                                             respect to which notices of                             these provisions. PBGC has been                       owner-participants were phased in over
                                             determination are provided under that                   operating in accordance with the                      five years. In addition, the extent to
                                             section after December 31, 2005.                        amended provisions since they became                  which an owner-participant’s benefit
                                                                                                     effective, but had not yet updated its                was phased in was unique to each
                                             FOR FURTHER INFORMATION CONTACT:                                                                              owner-participant and based on the
                                             Samantha M. Lowen (lowen.samantha@                      regulations nor issued guidance on
                                                                                                     implementation. With this rulemaking,                 number of years he or she was an active
                                             pbgc.gov), Attorney, Regulatory Affairs                                                                       participant in the plan; whereas the
                                             Division, Office of the General Counsel,                PBGC is increasing transparency into its
                                                                                                     operations and is clarifying for plan                 extent to which all other participants’
                                             Pension Benefit Guaranty Corporation,                                                                         benefits were phased in was based on
                                             1200 K Street NW, Washington, DC                        administrators the impact of the
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                                                                                                     statutory changes.                                    the number of years a plan provision—
                                             20005–4026; 202–326–4400, extension                                                                           specifically, one that increased
                                             3786. (TTY users may call the Federal                      Before PPA 2006, the owner-
                                                                                                     participant provisions applied to any                 benefits—was in effect before the plan
                                             relay service toll-free at 800–877–8339                                                                       terminated.
                                             and ask to be connected to 202–326–                        1 In this preamble, substantial owners and            PPA 2006 greatly simplified the
                                             4400, extension 3786.)                                  majority owners are referred to interchangeably as    method for determining PBGC’s
                                             SUPPLEMENTARY INFORMATION:                              ‘‘owner-participants.’’                               guarantee of owner-participants’


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Document Created: 2018-10-03 02:30:32
Document Modified: 2018-10-03 02:30:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective November 7, 2018.
ContactDan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.
FR Citation83 FR 49793 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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