83_FR_55711 83 FR 55496 - Airworthiness Directives; Airbus SAS Airplanes

83 FR 55496 - Airworthiness Directives; Airbus SAS Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 215 (November 6, 2018)

Page Range55496-55498
FR Document2018-24019

We are revising an earlier proposal, which would have applied to certain Airbus SAS Model A350-941 airplanes. This action revises the notice of proposed rulemaking (NPRM) by adding airplanes to the applicability and proposing to require revised maintenance requirements and airworthiness limitations. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these changes would impose an additional burden over the proposed requirements in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

Federal Register, Volume 83 Issue 215 (Tuesday, November 6, 2018)
[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Proposed Rules]
[Pages 55496-55498]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24019]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / 
Proposed Rules

[[Page 55496]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0508; Product Identifier 2018-NM-012-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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

SUMMARY: We are revising an earlier proposal, which would have applied 
to certain Airbus SAS Model A350-941 airplanes. This action revises the 
notice of proposed rulemaking (NPRM) by adding airplanes to the 
applicability and proposing to require revised maintenance requirements 
and airworthiness limitations. We are proposing this airworthiness 
directive (AD) to address the unsafe condition on these products. Since 
these changes would impose an additional burden over the proposed 
requirements in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on June 11, 2018 (83 FR 26884), is reopened.
    We must receive comments on this SNPRM by December 21, 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.
    For service information identified in this NPRM, contact Airbus 
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 
80; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0508; 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 SNPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0508; 
Product Identifier 2018-NM-012-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus SAS Model A350-941 airplanes. The NPRM 
published in the Federal Register on June 11, 2018 (83 FR 26884). The 
NPRM was prompted by a determination that more restrictive maintenance 
requirements and airworthiness limitations are necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
maintenance requirements and airworthiness limitations.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, the service information referenced in the 
NPRM has been further revised to include new or more restrictive 
maintenance requirements and airworthiness limitations.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0179, dated August 23, 2018, to correct an unsafe condition on all 
Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2018-0179 
states:

    Certification Maintenance Requirements (CMR) for the Airbus 
A350, which are approved by EASA, are currently defined and 
published in the Airbus A350 ALS Part 3 document. These instructions 
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued AD 2018-0004 to require the actions as 
specified in Airbus A350 ALS Part 3 Revision 04.
    Since this [EASA] AD was issued, Airbus published variation 4.2 
of Airbus A350 ALS Part 3, to introduce new and more restrictive 
CMRs.
    For the reason described above, this [EASA] AD requires 
accomplishment of the actions specified in the ALS.

    EASA previously issued AD 2018-0004, dated January 9, 2018, to 
correct an unsafe condition on all Airbus SAS Model A350-941 airplanes. 
EASA AD 2018-0004 states:


[[Page 55497]]


    Certification Maintenance Requirements (CMR) for the Airbus 
A350, which are approved by EASA, are currently defined and 
published in the Airbus A350 ALS Part 3 document. These instructions 
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued AD 2017-0029 to require the actions as 
specified in Airbus A350 ALS Part 3 Revision 03.
    Since this [EASA] AD was issued, Airbus published Revision 04 of 
Airbus A350 ALS Part 3, to introduce new and more restrictive CMRs.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0029, which is superseded, and requires 
accomplishment of the actions specified in the ALS.

    EASA ADs 2018-0004 and 2018-0179 are collectively referred to after 
this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''. 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-2018-0508.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirements (CMR), Variation 
4.2, dated July 26, 2018, which describes mandatory maintenance tasks 
that operators must perform at specified intervals. 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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received.

Request To Use Later-Approved Revisions of the Service Information

    Delta Air Lines (DAL) requested that we revise the proposed AD to 
allow use of later-approved revisions of the service information. DAL 
stated that the allowance of later-approved revisions would address the 
Airworthiness Limitation and Type Design conflict cited in the 
Supplemental Information section of the NPRM, without applying 
conditions to the applicability that are related to the original 
certificate of airworthiness date or original export certificate of 
airworthiness date. DAL also stated that Airbus recommends that 
operators consider implementing later-approved revisions to eliminate 
the need for operators to obtain an alternative method of compliance 
(AMOC) when updating maintenance programs to more current revisions and 
variations of Airbus A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR). DAL stated that the 
revisions and variations are EASA-approved documents and therefore FAA-
approved documents via bilateral agreements. DAL added that fewer AMOCs 
would reduce the workload of both the FAA and operators.
    We disagree with the commenter's request. We may not refer to any 
document that does not yet exist. Doing so violates Office of the 
Federal Register (OFR) regulations for approval of materials 
``incorporated by reference,'' as specified in 1 CFR 51.1(f). In 
general terms, we are required by these OFR regulations to either 
publish the service document contents as part of the actual AD 
language; or submit the service document to the OFR for approval as 
``referenced'' material, in which case we may only refer to such 
material in the text of an AD. An AD may refer to the service document 
only if the OFR approved it for ``incorporation by reference.'' See 1 
CFR part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either we must revise 
the AD to refer to specific later revisions, or operators must request 
approval to use later revisions as an AMOC with the AD under the 
provisions of paragraph (i)(1) of this proposed AD. We have not changed 
this proposed AD in this regard.

FAA's Determination and Proposed Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although this figure may vary from operator to operator. In the past, 
we have estimated that this action takes 1 work-hour per airplane. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), we have determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, we 
estimate the total cost per operator to be $7,650 (90 work-hours x $85 
per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a

[[Page 55498]]

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2018-0508; Product Identifier 2018-NM-012-AD.

(a) Comments Due Date

    We must receive comments by December 21, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before July 26, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to address safety-significant 
latent failures that would, in combination with one or more other 
specific failures or events, result in a hazardous or catastrophic 
failure condition.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate Airbus A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airworthiness Limitations 
Section (ALS) Part 3, Certification Maintenance Requirements (CMR), 
Variation 4.2, dated July 26, 2018. The initial compliance time for 
accomplishing the actions is at the applicable times specified in 
Airbus A350 Airworthiness Limitations Section (ALS) Part 3, 
Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, including Airworthiness Limitations Section (ALS) 
Part 3, Certification Maintenance Requirements (CMR), Variation 4.2, 
dated July 26, 2018; or within 90 days after the effective date of 
this AD; whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals, may be used unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (i)(1) of this AD.

(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 (j)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus SAS's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0179, dated August 23, 2018, and EASA AD 2018-
0004, dated January 9, 2018, 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-
2018-0508.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 45 80; email [email protected]; 
internet http://www.airbus.com. You may view this service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on October 25, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-24019 Filed 11-5-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                55496

                                                Proposed Rules                                                                                                Federal Register
                                                                                                                                                              Vol. 83, No. 215

                                                                                                                                                              Tuesday, November 6, 2018



                                                This section of the FEDERAL REGISTER                      • Hand Delivery: U.S. Department of                   We will post all comments we
                                                contains notices to the public of the proposed          Transportation, Docket Operations,                    receive, without change, to http://
                                                issuance of rules and regulations. The                  M–30, West Building Ground Floor,                     www.regulations.gov, including any
                                                purpose of these notices is to give interested          Room W12–140, 1200 New Jersey                         personal information you provide. We
                                                persons an opportunity to participate in the            Avenue SE, Washington, DC, between 9                  will also post a report summarizing each
                                                rule making prior to the adoption of the final
                                                rules.
                                                                                                        a.m. and 5 p.m., Monday through                       substantive verbal contact we receive
                                                                                                        Friday, except Federal holidays.                      about this SNPRM.
                                                                                                          For service information identified in               Discussion
                                                DEPARTMENT OF TRANSPORTATION                            this NPRM, contact Airbus SAS,
                                                                                                        Airworthiness Office—EAL, Rond-Point                    We issued an NPRM to amend 14 CFR
                                                Federal Aviation Administration                         Emile Dewoitine No: 2, 31700 Blagnac                  part 39 by adding an AD that would
                                                                                                        Cedex, France; telephone +33 5 61 93 36               apply to certain Airbus SAS Model
                                                14 CFR Part 39                                          96; fax +33 5 61 93 45 80; email                      A350–941 airplanes. The NPRM
                                                                                                        continued-airworthiness.a350@                         published in the Federal Register on
                                                [Docket No. FAA–2018–0508; Product                                                                            June 11, 2018 (83 FR 26884). The NPRM
                                                Identifier 2018–NM–012–AD]                              airbus.com; internet http://
                                                                                                        www.airbus.com. You may view this                     was prompted by a determination that
                                                RIN 2120–AA64                                           referenced service information at the                 more restrictive maintenance
                                                                                                        FAA, Transport Standards Branch, 2200                 requirements and airworthiness
                                                Airworthiness Directives; Airbus SAS                                                                          limitations are necessary. The NPRM
                                                Airplanes                                               South 216th St., Des Moines, WA. For
                                                                                                        information on the availability of this               proposed to require revising the existing
                                                AGENCY:  Federal Aviation                               material at the FAA, call 206–231–3195.               maintenance or inspection program, as
                                                Administration (FAA), DOT.                                                                                    applicable, to incorporate new or more
                                                                                                        Examining the AD Docket                               restrictive maintenance requirements
                                                ACTION: Supplemental notice of
                                                                                                          You may examine the AD docket on                    and airworthiness limitations.
                                                proposed rulemaking (SNPRM);
                                                reopening of comment period.                            the internet at http://                               Actions Since the NPRM Was Issued
                                                                                                        www.regulations.gov by searching for                    Since we issued the NPRM, the
                                                SUMMARY:   We are revising an earlier                   and locating Docket No. FAA–2018–
                                                proposal, which would have applied to                                                                         service information referenced in the
                                                                                                        0508; or in person at Docket Operations               NPRM has been further revised to
                                                certain Airbus SAS Model A350–941                       between 9 a.m. and 5 p.m., Monday
                                                airplanes. This action revises the notice                                                                     include new or more restrictive
                                                                                                        through Friday, except Federal holidays.              maintenance requirements and
                                                of proposed rulemaking (NPRM) by                        The AD docket contains this SNPRM,
                                                adding airplanes to the applicability and                                                                     airworthiness limitations.
                                                                                                        the regulatory evaluation, any                          The European Aviation Safety Agency
                                                proposing to require revised                            comments received, and other
                                                maintenance requirements and                                                                                  (EASA), which is the Technical Agent
                                                                                                        information. The street address for                   for the Member States of the European
                                                airworthiness limitations. We are                       Docket Operations (phone: 800–647–
                                                proposing this airworthiness directive                                                                        Union, has issued EASA AD 2018–0179,
                                                                                                        5527) is in the ADDRESSES section.                    dated August 23, 2018, to correct an
                                                (AD) to address the unsafe condition on                 Comments will be available in the AD
                                                these products. Since these changes                                                                           unsafe condition on all Airbus SAS
                                                                                                        docket shortly after receipt.                         Model A350–941 and –1041 airplanes.
                                                would impose an additional burden
                                                over the proposed requirements in the                   FOR FURTHER INFORMATION CONTACT:                      EASA AD 2018–0179 states:
                                                NPRM, we are reopening the comment                      Kathleen Arrigotti, Aerospace Engineer,                 Certification Maintenance Requirements
                                                period to allow the public the chance to                International Section, Transport                      (CMR) for the Airbus A350, which are
                                                comment on these proposed changes.                      Standards Branch, FAA, 2200 South                     approved by EASA, are currently defined and
                                                                                                        216th St., Des Moines, WA 98198;                      published in the Airbus A350 ALS Part 3
                                                DATES: The comment period for the                                                                             document. These instructions have been
                                                                                                        telephone and fax 206–231–3218.
                                                NPRM published in the Federal                                                                                 identified as mandatory for continued
                                                Register on June 11, 2018 (83 FR 26884),                SUPPLEMENTARY INFORMATION:                            airworthiness.
                                                is reopened.                                                                                                    Failure to accomplish these instructions
                                                                                                        Comments Invited                                      could result in an unsafe condition.
                                                   We must receive comments on this
                                                SNPRM by December 21, 2018.                               We invite you to send any written                     EASA previously issued AD 2018–0004 to
                                                                                                        relevant data, views, or arguments about              require the actions as specified in Airbus
                                                ADDRESSES: You may send comments,                                                                             A350 ALS Part 3 Revision 04.
                                                using the procedures found in 14 CFR                    this proposal. Send your comments to                    Since this [EASA] AD was issued, Airbus
                                                11.43 and 11.45, by any of the following                an address listed under the ADDRESSES                 published variation 4.2 of Airbus A350 ALS
                                                methods:                                                section. Include ‘‘Docket No. FAA–                    Part 3, to introduce new and more restrictive
                                                   • Federal eRulemaking Portal: Go to                  2018–0508; Product Identifier 2018–                   CMRs.
khammond on DSK30JT082PROD with PROPOSAL




                                                http://www.regulations.gov. Follow the                  NM–012–AD’’ at the beginning of your                    For the reason described above, this
                                                instructions for submitting comments.                   comments. We specifically invite                      [EASA] AD requires accomplishment of the
                                                   • Fax: 202–493–2251.                                 comments on the overall regulatory,                   actions specified in the ALS.
                                                   • Mail: U.S. Department of                           economic, environmental, and energy                     EASA previously issued AD 2018–
                                                Transportation, Docket Operations,                      aspects of this SNPRM. We will                        0004, dated January 9, 2018, to correct
                                                M–30, West Building Ground Floor,                       consider all comments received by the                 an unsafe condition on all Airbus SAS
                                                Room W12–140, 1200 New Jersey                           closing date and may amend this                       Model A350–941 airplanes. EASA AD
                                                Avenue SE, Washington, DC 20590.                        SNPRM based on those comments.                        2018–0004 states:


                                           VerDate Sep<11>2014   16:43 Nov 05, 2018   Jkt 247001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\06NOP1.SGM   06NOP1


                                                                     Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Proposed Rules                                           55497

                                                  Certification Maintenance Requirements                certificate of airworthiness date. DAL                to provide additional opportunity for
                                                (CMR) for the Airbus A350, which are                    also stated that Airbus recommends that               the public to comment on this SNPRM.
                                                approved by EASA, are currently defined and             operators consider implementing later-
                                                published in the Airbus A350 ALS Part 3                                                                       Costs of Compliance
                                                document. These instructions have been
                                                                                                        approved revisions to eliminate the
                                                                                                        need for operators to obtain an                          We estimate that this proposed AD
                                                identified as mandatory for continued
                                                airworthiness.                                          alternative method of compliance                      affects 11 airplanes of U.S. registry.
                                                  Failure to accomplish these instructions              (AMOC) when updating maintenance                         We estimate the following costs to
                                                could result in an unsafe condition.                    programs to more current revisions and                comply with this proposed AD:
                                                  EASA previously issued AD 2017–0029 to                variations of Airbus A350 Airworthiness                  We have determined that revising the
                                                require the actions as specified in Airbus              Limitations Section (ALS) Part 3,                     existing maintenance or inspection
                                                A350 ALS Part 3 Revision 03.                                                                                  program takes an average of 90 work-
                                                                                                        Certification Maintenance Requirements
                                                  Since this [EASA] AD was issued, Airbus                                                                     hours per operator, although this figure
                                                published Revision 04 of Airbus A350 ALS                (CMR). DAL stated that the revisions
                                                                                                        and variations are EASA-approved                      may vary from operator to operator. In
                                                Part 3, to introduce new and more restrictive
                                                CMRs.                                                   documents and therefore FAA-approved                  the past, we have estimated that this
                                                  For the reason described above, this                  documents via bilateral agreements.                   action takes 1 work-hour per airplane.
                                                [EASA] AD retains the requirements of EASA              DAL added that fewer AMOCs would                      Since operators incorporate
                                                AD 2017–0029, which is superseded, and                  reduce the workload of both the FAA                   maintenance or inspection program
                                                requires accomplishment of the actions                  and operators.                                        changes for their affected fleet(s), we
                                                specified in the ALS.                                                                                         have determined that a per-operator
                                                                                                           We disagree with the commenter’s
                                                  EASA ADs 2018–0004 and 2018–0179                      request. We may not refer to any                      estimate is more accurate than a per-
                                                are collectively referred to after this as              document that does not yet exist. Doing               airplane estimate. Therefore, we
                                                the Mandatory Continuing                                so violates Office of the Federal Register            estimate the total cost per operator to be
                                                Airworthiness Information, or ‘‘the                     (OFR) regulations for approval of                     $7,650 (90 work-hours × $85 per work-
                                                MCAI’’. You may examine the MCAI in                     materials ‘‘incorporated by reference,’’              hour).
                                                the AD docket on the internet at http://                as specified in 1 CFR 51.1(f). In general             Authority for This Rulemaking
                                                www.regulations.gov by searching for                    terms, we are required by these OFR
                                                and locating Docket No. FAA–2018–                                                                                Title 49 of the United States Code
                                                                                                        regulations to either publish the service             specifies the FAA’s authority to issue
                                                0508.                                                   document contents as part of the actual               rules on aviation safety. Subtitle I,
                                                Related Service Information Under 1                     AD language; or submit the service                    section 106, describes the authority of
                                                CFR Part 51                                             document to the OFR for approval as                   the FAA Administrator. Subtitle VII:
                                                                                                        ‘‘referenced’’ material, in which case we             Aviation Programs, describes in more
                                                  Airbus has issued A350
                                                                                                        may only refer to such material in the                detail the scope of the Agency’s
                                                Airworthiness Limitations Section
                                                                                                        text of an AD. An AD may refer to the                 authority.
                                                (ALS) Part 3, Certification Maintenance
                                                                                                        service document only if the OFR                         We are issuing this rulemaking under
                                                Requirements (CMR), Revision 04, dated
                                                                                                        approved it for ‘‘incorporation by                    the authority described in Subtitle VII,
                                                December 15, 2017, as supplemented by
                                                                                                        reference.’’ See 1 CFR part 51.                       Part A, Subpart III, Section 44701:
                                                Airworthiness Limitations Section
                                                (ALS) Part 3, Certification Maintenance                    To allow operators to use later                    ‘‘General requirements.’’ Under that
                                                Requirements (CMR), Variation 4.2,                      revisions of the referenced document                  section, Congress charges the FAA with
                                                dated July 26, 2018, which describes                    (issued after publication of the AD),                 promoting safe flight of civil aircraft in
                                                mandatory maintenance tasks that                        either we must revise the AD to refer to              air commerce by prescribing regulations
                                                operators must perform at specified                     specific later revisions, or operators                for practices, methods, and procedures
                                                intervals. This service information is                  must request approval to use later                    the Administrator finds necessary for
                                                reasonably available because the                        revisions as an AMOC with the AD                      safety in air commerce. This regulation
                                                interested parties have access to it                    under the provisions of paragraph (i)(1)              is within the scope of that authority
                                                through their normal course of business                 of this proposed AD. We have not                      because it addresses an unsafe condition
                                                or by the means identified in the                       changed this proposed AD in this                      that is likely to exist or develop on
                                                ADDRESSES section.
                                                                                                        regard.                                               products identified in this rulemaking
                                                                                                        FAA’s Determination and Proposed                      action.
                                                Comments                                                                                                         This proposed AD is issued in
                                                                                                        Requirements of This SNPRM
                                                  We gave the public the opportunity to                                                                       accordance with authority delegated by
                                                participate in developing this proposed                   This product has been approved by                   the Executive Director, Aircraft
                                                AD. We considered the comment                           the aviation authority of another                     Certification Service, as authorized by
                                                received.                                               country, and is approved for operation                FAA Order 8000.51C. In accordance
                                                                                                        in the United States. Pursuant to our                 with that order, issuance of ADs is
                                                Request To Use Later-Approved                           bilateral agreement with the State of                 normally a function of the Compliance
                                                Revisions of the Service Information                    Design Authority, we have been notified               and Airworthiness Division, but during
                                                   Delta Air Lines (DAL) requested that                 of the unsafe condition described in the              this transition period, the Executive
                                                we revise the proposed AD to allow use                  MCAI and service information                          Director has delegated the authority to
                                                of later-approved revisions of the                      referenced above. We are proposing this               issue ADs applicable to transport
                                                service information. DAL stated that the                AD because we evaluated all pertinent                 category airplanes and associated
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                                                allowance of later-approved revisions                   information and determined an unsafe                  appliances to the Director of the System
                                                would address the Airworthiness                         condition exists and is likely to exist or            Oversight Division.
                                                Limitation and Type Design conflict                     develop on other products of the same
                                                cited in the Supplemental Information                   type design.                                          Regulatory Findings
                                                section of the NPRM, without applying                     Certain changes described above                       We determined that this proposed AD
                                                conditions to the applicability that are                expand the scope of the NPRM. As a                    would not have federalism implications
                                                related to the original certificate of                  result, we have determined that it is                 under Executive Order 13132. This
                                                airworthiness date or original export                   necessary to reopen the comment period                proposed AD would not have a


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                                                55498                Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Proposed Rules

                                                substantial direct effect on the States, on             would, in combination with one or more                the approval must include the DOA-
                                                the relationship between the national                   other specific failures or events, result in a        authorized signature.
                                                Government and the States, or on the                    hazardous or catastrophic failure condition.            (3) Required for Compliance (RC): If any
                                                                                                                                                              service information contains procedures or
                                                distribution of power and                               (f) Compliance
                                                                                                                                                              tests that are identified as RC, those
                                                responsibilities among the various                         Comply with this AD within the                     procedures and tests must be done to comply
                                                levels of government.                                   compliance times specified, unless already            with this AD; any procedures or tests that are
                                                  For the reasons discussed above, I                    done.                                                 not identified as RC are recommended. Those
                                                certify this proposed regulation:                                                                             procedures and tests that are not identified
                                                                                                        (g) Maintenance or Inspection Program
                                                  1. Is not a ‘‘significant regulatory                  Revision                                              as RC may be deviated from using accepted
                                                action’’ under Executive Order 12866;                                                                         methods in accordance with the operator’s
                                                  2. Is not a ‘‘significant rule’’ under the               Within 90 days after the effective date of         maintenance or inspection program without
                                                                                                        this AD, revise the existing maintenance or           obtaining approval of an AMOC, provided
                                                DOT Regulatory Policies and Procedures                  inspection program, as applicable, to
                                                (44 FR 11034, February 26, 1979);                                                                             the procedures and tests identified as RC can
                                                                                                        incorporate Airbus A350 Airworthiness                 be done and the airplane can be put back in
                                                  3. Will not affect intrastate aviation in             Limitations Section (ALS) Part 3,                     an airworthy condition. Any substitutions or
                                                Alaska; and                                             Certification Maintenance Requirements                changes to procedures or tests identified as
                                                  4. Will not have a significant                        (CMR), Revision 04, dated December 15,                RC require approval of an AMOC.
                                                economic impact, positive or negative,                  2017, as supplemented by Airworthiness
                                                on a substantial number of small entities               Limitations Section (ALS) Part 3,                     (j) Related Information
                                                under the criteria of the Regulatory                    Certification Maintenance Requirements                   (1) Refer to Mandatory Continuing
                                                                                                        (CMR), Variation 4.2, dated July 26, 2018.            Airworthiness Information (MCAI) EASA AD
                                                Flexibility Act.
                                                                                                        The initial compliance time for                       2018–0179, dated August 23, 2018, and
                                                List of Subjects in 14 CFR Part 39                      accomplishing the actions is at the applicable        EASA AD 2018–0004, dated January 9, 2018,
                                                                                                        times specified in Airbus A350                        for related information. This MCAI may be
                                                  Air transportation, Aircraft, Aviation                Airworthiness Limitations Section (ALS) Part          found in the AD docket on the internet at
                                                safety, Incorporation by reference,                     3, Certification Maintenance Requirements             http://www.regulations.gov by searching for
                                                Safety.                                                 (CMR), Revision 04, dated December 15,                and locating Docket No. FAA–2018–0508.
                                                                                                        2017, including Airworthiness Limitations                (2) For more information about this AD,
                                                The Proposed Amendment                                  Section (ALS) Part 3, Certification                   contact Kathleen Arrigotti, Aerospace
                                                  Accordingly, under the authority                      Maintenance Requirements (CMR), Variation             Engineer, International Section, Transport
                                                delegated to me by the Administrator,                   4.2, dated July 26, 2018; or within 90 days           Standards Branch, FAA, 2200 South 216th
                                                the FAA proposes to amend 14 CFR part                   after the effective date of this AD; whichever        St., Des Moines, WA 98198; telephone and
                                                                                                        occurs later.                                         fax 206–231–3218.
                                                39 as follows:
                                                                                                        (h) No Alternative Actions or Intervals                  (3) For service information identified in
                                                PART 39—AIRWORTHINESS                                      After the existing maintenance or                  this AD, contact Airbus SAS, Airworthiness
                                                DIRECTIVES                                              inspection program has been revised as                Office—EAL, Rond-Point Emile Dewoitine
                                                                                                        required by paragraph (g) of this AD, no              No: 2, 31700 Blagnac Cedex, France;
                                                ■ 1. The authority citation for part 39                 alternative actions (e.g., inspections) or            telephone +33 5 61 93 36 96; fax +33 5 61
                                                continues to read as follows:                           intervals, may be used unless the actions or          93 45 80; email continued-
                                                                                                        intervals are approved as an alternative              airworthiness.a350@airbus.com; internet
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.                                                                http://www.airbus.com. You may view this
                                                                                                        method of compliance (AMOC) in
                                                                                                        accordance with the procedures specified in           service information at the FAA, Transport
                                                § 39.13   [Amended]
                                                                                                        paragraph (i)(1) of this AD.                          Standards Branch, 2200 South 216th St., Des
                                                ■ 2. The FAA amends § 39.13 by adding                                                                         Moines, WA. For information on the
                                                the following new airworthiness                         (i) Other FAA AD Provisions                           availability of this material at the FAA, call
                                                directive (AD):                                            The following provisions also apply to this        206–231–3195.
                                                Airbus: Docket No. FAA–2018–0508; Product               AD:                                                     Issued in Des Moines, Washington, on
                                                    Identifier 2018–NM–012–AD.                             (1) Alternative Methods of Compliance              October 25, 2018.
                                                                                                        (AMOCs): The Manager, International
                                                (a) Comments Due Date                                                                                         Michael Kaszycki,
                                                                                                        Section, Transport Standards Branch, FAA,
                                                                                                        has the authority to approve AMOCs for this           Acting Director, System Oversight Division,
                                                  We must receive comments by December
                                                                                                        AD, if requested using the procedures found           Aircraft Certification Service.
                                                21, 2018.
                                                                                                        in 14 CFR 39.19. In accordance with 14 CFR            [FR Doc. 2018–24019 Filed 11–5–18; 8:45 am]
                                                (b) Affected ADs                                        39.19, send your request to your principal            BILLING CODE 4910–13–P
                                                  None.                                                 inspector or local Flight Standards District
                                                                                                        Office, as appropriate. If sending information
                                                (c) Applicability                                       directly to the International Section, send it        DEPARTMENT OF TRANSPORTATION
                                                   This AD applies to Airbus SAS Model                  to the attention of the person identified in
                                                A350–941 and -1041 airplanes, certificated in           paragraph (j)(2) of this AD. Information may
                                                                                                                                                              Federal Aviation Administration
                                                any category, with an original certificate of           be emailed to: 9-ANM-116-AMOC-
                                                airworthiness or original export certificate of         REQUESTS@faa.gov. Before using any
                                                airworthiness issued on or before July 26,              approved AMOC, notify your appropriate                14 CFR Part 39
                                                2018.                                                   principal inspector, or lacking a principal           [Docket No. FAA–2018–0907; Product
                                                                                                        inspector, the manager of the local flight            Identifier 2018–NM–118–AD]
                                                (d) Subject                                             standards district office/certificate holding
                                                  Air Transport Association (ATA) of                    district office.                                      RIN 2120–AA64
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                                                America Code 05, Time Limits/Maintenance                   (2) Contacting the Manufacturer: For any
                                                Checks.                                                 requirement in this AD to obtain corrective           Airworthiness Directives; Airbus SAS
                                                                                                        actions from a manufacturer, the action must          Airplanes
                                                (e) Reason                                              be accomplished using a method approved
                                                   This AD was prompted by a determination              by the Manager, International Section,                AGENCY: Federal Aviation
                                                that more restrictive maintenance                       Transport Standards Branch, FAA; or the               Administration (FAA), DOT.
                                                requirements and airworthiness limitations              European Aviation Safety Agency (EASA); or            ACTION: Notice of proposed rulemaking
                                                are necessary. We are issuing this AD to                Airbus SAS’s EASA Design Organization                 (NPRM).
                                                address safety-significant latent failures that         Approval (DOA). If approved by the DOA,



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Document Created: 2018-11-06 00:18:34
Document Modified: 2018-11-06 00:18:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
DatesThe comment period for the NPRM published in the Federal Register on June 11, 2018 (83 FR 26884), is reopened.
ContactKathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.
FR Citation83 FR 55496 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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