83 FR 5182 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 25 (February 6, 2018)

Page Range		5182-5188
FR Document		2018-02364

We are adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, and A320 series airplanes and Model A321-111, -112, -131, -211, -212, -213, -231, -232 airplanes. This AD requires revising the airplane flight manual (AFM) to provide guidance to the flight crew for emergency procedures when erroneous airspeed indications are displayed on the back-up speed scale (BUSS). This AD was prompted by a determination that, when two angle of attack (AoA) sensors are adversely affected by icing conditions at the same time, data displayed on the BUSS could be erroneous. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 25 (Tuesday, February 6, 2018)

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5182-5188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02364]



[[Page 5182]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0024; Product Identifier 2018-NM-002-AD; Amendment 
39-19171; AD 2018-02-18]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A318, A319, and A320 series airplanes and Model A321-111, 
-112, -131, -211, -212, -213, -231, -232 airplanes. This AD requires 
revising the airplane flight manual (AFM) to provide guidance to the 
flight crew for emergency procedures when erroneous airspeed 
indications are displayed on the back-up speed scale (BUSS). This AD 
was prompted by a determination that, when two angle of attack (AoA) 
sensors are adversely affected by icing conditions at the same time, 
data displayed on the BUSS could be erroneous. We are issuing this AD 
to address the unsafe condition on these products.

DATES: This AD becomes effective February 21, 2018.
    We must receive comments on this AD by March 23, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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-
0024; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Operations office 
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2017-0257R1, dated January 9, 2018 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A318, A319, and A320 series airplanes, and Model A321-111, -112, -131, 
-211, -212, -213, -231, -232 airplanes. The MCAI states:

    In extreme icing conditions, pitot probes may induce erroneous 
airspeed indications. Airbus developed a Back-up Speed Scale (BUSS 
and reversible BUSS, based on angle of attack (AoA) value) displayed 
on the Primary Flight Display (PFD), together with a PFD Back-Up 
Altitude Scale based on Global Positioning System (GPS) altitude to 
provide flight crews with reliable information on airspeed. This 
BUSS is intended to be used below flight level (FL) 250 only (above 
FL250, the BUSS is disconnected). Following new investigation 
related to AoA probes blockages, it was identified that, when two 
AoA sensors are adversely affected by icing conditions at the same 
time, data displayed on the BUSS could be erroneous.
    This condition, if not corrected, could lead to an increased 
flight crew workload, possibly resulting in reduced control of the 
aeroplane.
    To address this potential unsafe condition, Airbus established 
specific operational instructions to be applied by the flight crew 
under certain defined conditions. The relevant procedure has been 
incorporated into the applicable A320 family Aircraft Flight Manual 
(AFM) since 07 March 2017 (publication date).
    For the reason described above, this [EASA] AD requires a one-
time AFM amendment to introduce the additional operational procedure 
[to provide guidance to the flight crew for emergency procedures 
when erroneous airspeed indications are displayed on the BUSS].

* * * * *
    This AD contains a figure derived from the MCAI with content 
written by Airbus. Because this content (including the Airbus logo) is 
already publicly available through the MCAI, which is a public 
document, it is not subject to copyright protection.
    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0024.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because when 
two AoA sensors are adversely affected by icing conditions at the same 
time, data displayed on the BUSS could be erroneous, leading to an 
increased flight crew workload that could ultimately result in reduced 
control of the airplane. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0024; Product 
Identifier 2018-NM-002-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.

[[Page 5183]]

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 1,180 airplanes of U.S. registry. 
We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85        $100,300
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2018-02-18 Airbus: Amendment 39-19171; Docket No. FAA-2018-0024; 
Product Identifier 2018-NM-002-AD.

(a) Effective Date

    This AD becomes effective February 21, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, all 
manufacturer serial numbers on which Airbus modification 35871 has 
been embodied in production or Airbus Service Bulletin A320-34-1397 
has been embodied in service, except airplanes on which Airbus 
modification 159281 has also been embodied in production or Airbus 
Service Bulletin A320-34-1658 or Airbus Service Bulletin A320-34-
1659 has also been embodied in service.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, 
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by a determination that, when two angle of 
attack (AoA) sensors are adversely affected by icing conditions at 
the same time, data displayed on the back-up speed scale (BUSS) 
could be erroneous. We are issuing this AD to address erroneous 
airspeed data displays, which could lead to an increased flight crew 
workload, possibly resulting in reduced control of the airplane.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Except for airplanes identified in paragraph (h) of this AD: 
Within 30 days after the effective date of this AD, revise the AFM 
to incorporate the procedure specified in figure 1 to paragraphs (g) 
and (h) of this AD, and thereafter operate the airplane accordingly. 
When a procedure identical to that in figure 1 to paragraphs (g) and 
(h) of this AD has been included in the general revisions of the 
AFM, the general revisions may be inserted into the AFM.
 BILLING CODE 4910-13-P

[[Page 5184]]

[GRAPHIC] [TIFF OMITTED] TR06FE18.000


[[Page 5185]]


[GRAPHIC] [TIFF OMITTED] TR06FE18.001


[[Page 5186]]


[GRAPHIC] [TIFF OMITTED] TR06FE18.002


[[Page 5187]]


[GRAPHIC] [TIFF OMITTED] TR06FE18.003

 BILLING CODE 4910-13-C

(h) Airplanes Not Affected by Paragraph (g) of This AD

    Airplanes operated with an AFM having the NAV--ADR 1+2+3 FAULT 
procedure identical to the procedure specified in figure 1 to 
paragraphs (g) and (h) of this AD, with an approval date on or after 
March 2, 2017, are compliant with the requirements of this AD, 
provided that the procedure specified in figure 1 to paragraphs (g) 
and (h) of this AD is not removed from the AFM.

(i) 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 (k)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal

[[Page 5188]]

inspector, the manager of the local flight standards district 
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(j) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2017-0257R1, dated January 9, 
2018, for related information. You may examine the MCAI on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2018-0024.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 
425-227-1405; fax 425-227-1149.

(l) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 19, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-02364 Filed 2-5-18; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations 5183

We will post all comments we substantive verbal contact we receive Costs of Compliance
receive, without change, to http:// about this AD. We estimate that this AD affects 1,180
www.regulations.gov, including any airplanes of U.S. registry. We estimate
personal information you provide. We the following costs to comply with this
will also post a report summarizing each AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators

AFM revision ................................................... 1 work-hour × $85 per hour = $85 ................. $0 $85 $100,300

Authority for This Rulemaking For the reasons discussed above, I of this AD, certificated in any category, all
certify that this AD: manufacturer serial numbers on which
Title 49 of the United States Code 1. Is not a ‘‘significant regulatory Airbus modification 35871 has been
specifies the FAA’s authority to issue action’’ under Executive Order 12866; embodied in production or Airbus Service
rules on aviation safety. Subtitle I, 2. Is not a ‘‘significant rule’’ under the Bulletin A320–34–1397 has been embodied
section 106, describes the authority of DOT Regulatory Policies and Procedures in service, except airplanes on which Airbus
the FAA Administrator. ‘‘Subtitle VII: modification 159281 has also been embodied
(44 FR 11034, February 26, 1979); in production or Airbus Service Bulletin
Aviation Programs,’’ describes in more 3. Will not affect intrastate aviation in
detail the scope of the Agency’s A320–34–1658 or Airbus Service Bulletin
Alaska; and A320–34–1659 has also been embodied in
authority. 4. Will not have a significant service.
We are issuing this rulemaking under economic impact, positive or negative, (1) Model A318–111, –112, –121, and –122
the authority described in ‘‘Subtitle VII, on a substantial number of small entities airplanes.
Part A, Subpart III, Section 44701: under the criteria of the Regulatory (2) Model A319–111, –112, –113, –114,
General requirements.’’ Under that Flexibility Act. –115, –131, –132, and –133 airplanes.
section, Congress charges the FAA with (3) Model A320–211, –212, –214, –216,
promoting safe flight of civil aircraft in List of Subjects in 14 CFR Part 39 –231, –232, –233, –251N, and –271N
air commerce by prescribing regulations Air transportation, Aircraft, Aviation airplanes.
for practices, methods, and procedures safety, Incorporation by reference, (4) Model A321–111, –112, –131, –211,
the Administrator finds necessary for Safety. –212, –213, –231, and –232 airplanes.
safety in air commerce. This regulation Adoption of the Amendment (d) Subject
is within the scope of that authority Air Transport Association (ATA) of
because it addresses an unsafe condition Accordingly, under the authority America Code 34, Navigation.
that is likely to exist or develop on delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as (e) Reason
products identified in this rulemaking
action. follows: This AD was prompted by a determination
that, when two angle of attack (AoA) sensors
This AD is issued in accordance with PART 39—AIRWORTHINESS are adversely affected by icing conditions at
authority delegated by the Executive DIRECTIVES the same time, data displayed on the back-
Director, Aircraft Certification Service, up speed scale (BUSS) could be erroneous.
as authorized by FAA Order 8000.51C. ■ 1. The authority citation for part 39 We are issuing this AD to address erroneous
In accordance with that order, issuance continues to read as follows: airspeed data displays, which could lead to
of ADs is normally a function of the Authority: 49 U.S.C. 106(g), 40113, 44701.
an increased flight crew workload, possibly
Compliance and Airworthiness resulting in reduced control of the airplane.
Division, but during this transition § 39.13 [Amended] (f) Compliance
period, the Executive Director has ■ 2. The FAA amends § 39.13 by adding Comply with this AD within the
delegated the authority to issue ADs the following new airworthiness compliance times specified, unless already
applicable to transport category directive (AD): done.
airplanes to the Director of the System
Oversight Division. 2018–02–18 Airbus: Amendment 39–19171; (g) Airplane Flight Manual (AFM) Revision
Docket No. FAA–2018–0024; Product
Except for airplanes identified in
Regulatory Findings Identifier 2018–NM–002–AD.
paragraph (h) of this AD: Within 30 days after
We determined that this AD will not (a) Effective Date the effective date of this AD, revise the AFM
have federalism implications under This AD becomes effective February 21, to incorporate the procedure specified in
2018. figure 1 to paragraphs (g) and (h) of this AD,
Executive Order 13132. This AD will
and thereafter operate the airplane
not have a substantial direct effect on (b) Affected ADs accordingly. When a procedure identical to
the States, on the relationship between that in figure 1 to paragraphs (g) and (h) of
None.
the national government and the States, this AD has been included in the general
or on the distribution of power and (c) Applicability revisions of the AFM, the general revisions
responsibilities among the various This AD applies to the Airbus airplanes may be inserted into the AFM.
daltland on DSKBBV9HB2PROD with RULES

levels of government. identified in paragraphs (c)(1) through (c)(4) BILLING CODE 4910–13–P

VerDate Sep<11>2014 17:43 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1

5188 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations

inspector, the manager of the local flight based on a finding by the Administrator Background
standards district office/certificate holding that the placement of these synthetic
district office. The Nature of the Problem and DEA’s
opioids in schedule I is necessary to
(2) Contacting the Manufacturer: For any Approach to Correct It
avoid an imminent hazard to the public
requirement in this AD to obtain corrective It is well known that deaths
actions from a manufacturer, the action must
safety. As a result of this order, the
regulatory controls and administrative, associated with the abuse of substances
be accomplished using a method approved
by the Manager, International Section, civil, and criminal sanctions applicable structurally related to fentanyl 2 in the
Transport Standards Branch, FAA; or the to schedule I controlled substances will United States are on the rise and have
European Aviation Safety Agency (EASA); or be imposed on persons who handle already reached alarming levels. While
Airbus’s EASA Design Organization (manufacture, distribute, reverse a number of factors appear to be
Approval (DOA). If approved by the DOA, distribute, import, export, engage in contributing to this public health crisis,
the approval must include the DOA- research, conduct instructional chief among the causes is the sharp
authorized signature. activities or chemical analysis, or increase in recent years in the
(j) Special Flight Permits possess), or propose to handle fentanyl- availability of illicitly produced, potent
related substances. substances structurally related to
Special flight permits, as described in
Section 21.197 and Section 21.199 of the
fentanyl. Fentanyl is approximately 100
DATES: This temporary scheduling order times more potent than morphine, and
Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed. is effective February 6, 2018, until the substances structurally related to
February 6, 2020. If this order is fentanyl that DEA is temporarily
(k) Related Information extended or made permanent, the DEA controlling also tend to be potent
(1) Refer to Mandatory Continuing will publish a document in the Federal substances. Typically, these substances
Airworthiness Information (MCAI) EASA Register. are manufactured outside the United
Airworthiness Directive 2017–0257R1, dated States by clandestine manufacturers and
January 9, 2018, for related information. You FOR FURTHER INFORMATION CONTACT:
Michael J. Lewis, Diversion Control then smuggled into the United States.
may examine the MCAI on the internet at
Fentanyl is often mixed with heroin
http://www.regulations.gov by searching for Division, Drug Enforcement
and locating Docket No. FAA–2018–0024. and other substances (such as cocaine
Administration; Mailing Address: 8701
(2) For more information about this AD, and methamphetamine) or used in
Morrissette Drive, Springfield, Virginia
contact Sanjay Ralhan, Aerospace Engineer, counterfeit pharmaceutical prescription
22152; Telephone: (202) 598–6812. drugs. As a consequence, users who buy
International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, SUPPLEMENTARY INFORMATION: these substances on the illicit market are
Renton, WA 98057–3356; telephone 425– often unaware of the specific substance
227–1405; fax 425–227–1149. Legal Authority they are actually consuming and the
(l) Material Incorporated by Reference Section 201 of the Controlled associated risk. According to the Centers
Substances Act (CSA), 21 U.S.C. 811, for Disease Control and Prevention
None.
provides the Attorney General with the (CDC), drug overdose deaths involving
Issued in Renton, Washington, on January synthetic opioids (excluding
19, 2018. authority to temporarily place a
substance in schedule I of the CSA for methadone), such as fentanyl and
Michael Kaszycki, tramadol, increased from 5,544 in 2014
two years without regard to the
Acting Director, System Oversight Division, to 9,580 in 2015. According to
Aircraft Certification Service.
requirements of 21 U.S.C. 811(b) if he
finds that such action is necessary to provisional data released in August
[FR Doc. 2018–02364 Filed 2–5–18; 8:45 am]
avoid an imminent hazard to the public 2017 by the CDC, National Center for
BILLING CODE 4910–13–P
safety. 21 U.S.C. 811(h)(1). In addition, Health Statistics, an estimated 55
if proceedings to control a substance Americans are dying every day from
permanently are initiated under 21 overdoses of synthetic opioids
DEPARTMENT OF JUSTICE U.S.C. 811(a)(1) while the substance is (excluding methadone).3 Drug overdose
temporarily controlled under section deaths involving synthetic opioids
Drug Enforcement Administration 811(h), the Attorney General may excluding methadone for the 12-month
extend the temporary scheduling 1 for period ending in January of 2017
21 CFR Part 1308 up to one year. 21 U.S.C. 811(h)(2). (20,145 deaths) more than doubled from
[Docket No. DEA–476]
the corresponding data for the period
Where the necessary findings are ending in January of 2016 (9,945
made, a substance may be temporarily deaths).
Schedules of Controlled Substances: scheduled if it is not listed in any other
Temporary Placement of Fentanyl- DEA has responded to this crisis by
schedule under section 202 of the CSA, issuing eight temporary scheduling
Related Substances in Schedule I 21 U.S.C. 812, or if there is no
AGENCY: Drug Enforcement exemption or approval in effect for the 2 As explained further below, in this document,

Administration, Department of Justice. substance under section 505 of the the term ‘‘fentanyl-related substances’’ is defined to
Federal Food, Drug, and Cosmetic Act include substances structurally related to fentanyl
ACTION: Temporary amendment; but which are not controlled under a separate
temporary scheduling order. (FD&C Act), 21 U.S.C. 355. 21 U.S.C. scheduling action (listed under another
811(h)(1). The Attorney General has Administration Controlled Substance Code
SUMMARY: The Administrator of the Drug delegated scheduling authority under 21 Number). Thus, all ‘‘fentanyl-related substances’’
Enforcement Administration is issuing U.S.C. 811 to the Administrator of the are structurally related to fentanyl, but some
fentanyl-related substances are controlled under
this temporary scheduling order to DEA. 28 CFR 0.100.
daltland on DSKBBV9HB2PROD with RULES

separate scheduling actions.
schedule fentanyl-related substances 3 Provisional synthetic opioid death overdose

that are not currently listed in any 1 Though DEA has used the term ‘‘final order’’ counts are based on CDC data available for analysis
schedule of the Controlled Substances with respect to temporary scheduling orders in the as of August 6, 2017, based on the 12-month
past, this notification adheres to the statutory reporting period ending January 2017. See https://
Act (CSA) and their isomers, esters, language of 21 U.S.C. 811(h), which refers to a www.cdc.gov/nchs/data/health_policy/monthly-
ethers, salts and salts of isomers, esters, ‘‘temporary scheduling order.’’ No substantive drug-overdose-death-estimates.pdf accessed 09–06–
and ethers in schedule I. This action is change is intended. 2017.

VerDate Sep<11>2014 17:43 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1

Document Created: 2018-02-06 00:30:26
Document Modified: 2018-02-06 00:30:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; request for comments.
Dates		This AD becomes effective February 21, 2018.
Contact		Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227- 1149.
FR Citation		83 FR 5182
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

83 FR 5182 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 25 (February 6, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration