83 FR 55953 - Airworthiness Directives; Airbus SAS Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 218 (November 9, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 218 (November 9, 2018)
| Page Range | 55953-55956 | |
| FR Document | 2018-24394 |
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)] [Rules and Regulations] [Pages 55953-55956] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24394] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0589; Product Identifier 2018-NM-021-AD; Amendment 39-19489; AD 2018-23-03] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, - 211, -212, -213, -231, and -232 airplanes. This AD was prompted by reports of false resolution advisories (RAs) from certain traffic collision avoidance systems (TCASs). This AD requires modification or replacement of certain TCAS processors. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 14, 2018. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 14, 2018. ADDRESSES: For service information identified in this final rule, contact Honeywell Aerospace, Technical Publications and Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; phone: 602-365- 5535; fax: 602-365-5577; internet: http://www.honeywell.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0589. 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- 0589; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800-647- 5527) is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7367; fax 516-794-5531. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus SAS Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, - 231, and -232 airplanes. The NPRM published in the Federal Register on July 10, 2018 (83 FR 31911). The NPRM was prompted by reports of false RAs from certain TCASs. The NPRM proposed to require modification or replacement of certain TCAS processors. We are issuing this AD to address the occurrence of false RAs from the TCAS, which could lead to a loss of separation from other airplanes, possibly resulting in a mid-air collision. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0196, dated October 5, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus SAS Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The MCAI states: Since 2012, a number of false TCAS resolution advisories (RA) have been reported by various European Air Navigation Service Providers. EASA has published certification guidance material for collision avoidance systems (AMC 20-15) which defines a false TCAS RA as an RA that is issued, but the RA condition does not exist. It is possible that more false (or spurious) RA events have occurred, but were not recorded or reported. The known events were mainly occurring on Airbus single-aisle (A320 family) aeroplanes, although several events have also occurred on Airbus A330 aeroplanes. Investigation determined that the false RAs are caused on aeroplanes with a Honeywell TPA-100B TCAS processor installed, P/N [part number] 940-0351-001. This was caused by a combination of three factors: (1) Hybrid surveillance enabled; (2) processor connected to a hybrid GPS [global positioning system] source, without a direct connection to a GPS source; and (3) an encounter with an intruder aeroplane with noisy (jumping) ADS-B Out position. EASA previously published Safety Information Bulletin (SIB) 2014-33 to inform owners and operators of affected aeroplanes about this safety concern. At that time, the false RAs were not considered an unsafe condition. Since the SIB was issued, further events have been reported, involving a third aeroplane. This condition, if not corrected, could lead to a loss of separation with other aeroplanes, possibly resulting in a mid-air collision. Prompted by these latest findings, and after review of the available information, EASA reassessed the severity and rate of occurrence of false RAs and has decided that mandatory action must be taken to reduce the rate of occurrence, and the risk of loss of separation with other aeroplanes. Honeywell International Inc. published Service Bulletin [[Page 55954]] (SB) 940-0351-34-0005 [Publication Number D201611000002] to provide instructions for an upgrade, introducing software version 05/01, changing the processor unit to P/N 940-0351-005. EASA previously issued AD 2017-0091 (later revised) to address the unsafe condition on aeroplanes that had the P/N 940-0351-001 processor installed by Airbus major change or SB. However, part of the fleet had the same P/N installed by STC [supplemental type certificate]. The relevant STC approval holders (see section Remarks of this [EASA] AD for contact details) have been notified and modification instructions (see section Ref. Publications of this [EASA] AD) can be obtained from those companies. For the reason described above, this [EASA] AD requires modification or replacement of Honeywell TPA-100B P/N 940-0351-001 TCAS processors. This [EASA] AD also prohibits installation of those processors on post-mod aeroplanes. 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- 0589. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comment received on the NPRM and the FAA's response to that comment. Request To Withdraw the NPRM Delta Air Lines (DAL) observed that the proposed AD is redundant to AD 2018-06-01, Amendment 39-19221 (83 FR 12852, March 26, 2018) (``AD 2018-06-01''), because they both address the modification or replacement of a TCAS processor. We infer a request to withdraw the NPRM. We disagree because this AD pertains to aircraft that have had their TCAS processor modified by an FAA-validated supplemental type certificate (STC), whereas AD 2018-06-01 pertains to the aircraft type certificate (TC) and the TCAS processor modification required by that AD does not include airplanes modified by an FAA STC. We have made no change to this AD in this regard. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 H4 Aerospace has issued Service Bulletin H4ASB009, Issue 1, dated September 18, 2017; and PMV Engineering has issued Service Bulletin AVI-00690-SB-S99-R01, Revision 01, dated October 5, 2017. This service information, provided by the applicable design change FAA STC approval holders, describes the modification or replacement of the Honeywell TPA-100B TCAS processor. These documents are distinct because they apply to airplanes having different STCs installed. 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. Other Related Service Information Honeywell International, Inc., has issued Service Bulletin 940- 0351-34-0005, Revision 2, dated December 1, 2017. This service information describes procedures for updating the software of the Honeywell TPA-100B TCAS processor either on the airplane or at an authorized service center. Costs of Compliance We estimate that this AD affects 1209 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Modification................... 1 work-hour x $85 per Up to $1,623..... Up to $1,708..... Up to $2,064,972. hour = $85. ---------------------------------------------------------------------------------------------------------------- Estimated Costs for Optional Actions ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement................................ 1 work-hour x $85 per hour = $85... $121,993 $122,078 ---------------------------------------------------------------------------------------------------------------- According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This 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. [[Page 55955]] Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2018-23-03 Airbus SAS: Amendment 39-19489; Docket No. FAA-2018-0589; Product Identifier 2018-NM-021-AD. (a) Effective Date This AD is effective December 14, 2018. (b) Affected ADs None. (c) Applicability This AD applies to the Airbus SAS airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, certificated in any category, if modified by H4 Aerospace Supplemental Type Certificate (STC) ST03708NY or PMV Engineering STC ST03835NY. (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, -231, -232, and -233 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 reports of false resolution advisories (RAs) from certain traffic collision avoidance systems (TCASs). We are issuing this AD to address the occurrence of false RAs from the TCAS, which could lead to a loss of separation from other airplanes, possibly resulting in a mid-air collision. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definition of an Affected TCAS Processor For the purposes of this AD, an affected TCAS processor is defined as a Honeywell TPA-100B TCAS processor having part number (P/N) 940-0351-001. (h) Modification or Replacement of TCAS Processor Within 12 months after the effective date of this AD: Update the software of the affected TCAS processor and change the part number to P/N 940-0351-005, or replace the affected TCAS processor with a TPA-100B TCAS processor P/N 940-0351-005, in accordance with the Accomplishment Instructions of H4 Aerospace Service Bulletin H4ASB009, Issue 1, dated September 18, 2017; or PMV Engineering Service Bulletin AVI-00690-SB-S99-R01, Revision 01, dated October 5, 2017; as applicable. Note 1 to paragraph (h) of this AD: Guidance for accomplishing the actions required by paragraph (h) of this AD can be found in Honeywell Service Bulletin 940-0351-34-0005, Revision 2, dated December 1, 2017. (i) Parts Installation Prohibition After modification or replacement of the TCAS processor as required by paragraph (h) of this AD, no person may install on that airplane an affected TCAS processor, as defined in paragraph (g) of this AD. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO 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 manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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, New York ACO 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. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0196, dated October 5, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0589. (2) For more information about this AD, contact Steven Dzierzynski, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7367; fax 516-794- 5531. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) H4 Aerospace Service Bulletin H4ASB009, Issue 1, dated September 18, 2017. (ii) PMV Engineering Service Bulletin AVI-00690-SB-S99-R01, Revision 01, dated October 5, 2017. (3) For service information identified in this AD, contact Honeywell Aerospace, Technical Publications and Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; phone: 602-365- 5535; fax: 602-365-5577; internet: http://www.honeywell.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. [[Page 55956]] Issued in Des Moines, Washington, on October 26, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-24394 Filed 11-8-18; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations 55953
§ 1208.30 Credible fear determinations –214, –231, –232, and –233 airplanes; A320–211, –212, –214, –231, –232, and
involving stowaways and applicants for and Model A321–111, –112, –131, –211, –233 airplanes; and Model A321–111,
admission who are found inadmissible –212, –213, –231, and –232 airplanes. –112, –131, –211, –212, –213, –231, and
pursuant to section 212(a)(6)(C) or 212(a)(7) This AD was prompted by reports of –232 airplanes. The NPRM published in
of the Act or whose entry is limited or
suspended under section 212(f) or 215(a)(1)
false resolution advisories (RAs) from the Federal Register on July 10, 2018
of the Act. certain traffic collision avoidance (83 FR 31911). The NPRM was
systems (TCASs). This AD requires prompted by reports of false RAs from
* * * * *
modification or replacement of certain certain TCASs. The NPRM proposed to
(g) * * *
TCAS processors. We are issuing this require modification or replacement of
(1) Review by immigration judge of a
AD to address the unsafe condition on certain TCAS processors.
mandatory bar finding. If the alien is
these products. We are issuing this AD to address the
determined to be an alien described in
DATES: This AD is effective December occurrence of false RAs from the TCAS,
8 CFR 208.13(c)(3) or 1208.13(c)(3) and
14, 2018. which could lead to a loss of separation
is determined to lack a reasonable fear
The Director of the Federal Register from other airplanes, possibly resulting
under 8 CFR 208.30(e)(5), the
approved the incorporation by reference in a mid-air collision.
immigration judge shall first review de The European Aviation Safety Agency
novo the determination that the alien is of certain publications listed in this AD
as of December 14, 2018. (EASA), which is the Technical Agent
described in 8 CFR 208.13(c)(3) or for the Member States of the European
1208.13(c)(3). If the immigration judge ADDRESSES: For service information
identified in this final rule, contact Union, has issued EASA AD 2017–0196,
finds that the alien is not described in dated October 5, 2017 (referred to after
8 CFR 208.13(c)(3) or 1208.13(c)(3), then Honeywell Aerospace, Technical
Publications and Distribution, M/S this as the Mandatory Continuing
the immigration judge shall vacate the Airworthiness Information, or ‘‘the
order of the asylum officer, and DHS 2101–201, P.O. Box 52170, Phoenix, AZ
85072–2170; phone: 602–365–5535; fax: MCAI’’), to correct an unsafe condition
may commence removal proceedings for certain Airbus SAS Model A318 and
under section 240 of the Act. If the 602–365–5577; internet: http://
www.honeywell.com. You may view this A319 series airplanes; Model A320–211,
immigration judge concurs with the –212, –214, –231, –232, and –233
credible fear determination that the service information at the FAA,
Transport Standards Branch, 2200 airplanes; and Model A321–111, –112,
alien is an alien described in 8 CFR –131, –211, –212, –213, –231, and –232
208.13(c)(3) or 1208.13(c)(3), the South 216th St., Des Moines, WA. For
information on the availability of this airplanes. The MCAI states:
immigration judge will then review the
asylum officer’s negative decision material at the FAA, call 206–231–3195. Since 2012, a number of false TCAS
It is also available on the internet at resolution advisories (RA) have been
regarding reasonable fear made under 8 reported by various European Air Navigation
CFR 208.30(e)(5) consistent with http://www.regulations.gov by searching
Service Providers. EASA has published
paragraph (g)(2) of this section, except for and locating Docket No. FAA–2018– certification guidance material for collision
that the immigration judge will review 0589. avoidance systems (AMC 20–15) which
the findings under the reasonable fear Examining the AD Docket defines a false TCAS RA as an RA that is
standard instead of the credible fear issued, but the RA condition does not exist.
standard described in paragraph (g)(2). You may examine the AD docket on It is possible that more false (or spurious) RA
the internet at http:// events have occurred, but were not recorded
* * * * * www.regulations.gov by searching for or reported. The known events were mainly
Dated: November 6, 2018. and locating Docket No. FAA–2018– occurring on Airbus single-aisle (A320
Jefferson B. Sessions III, 0589; or in person at Docket Operations family) aeroplanes, although several events
have also occurred on Airbus A330
Attorney General. between 9 a.m. and 5 p.m., Monday aeroplanes. Investigation determined that the
[FR Doc. 2018–24594 Filed 11–8–18; 4:15 pm] through Friday, except Federal holidays. false RAs are caused on aeroplanes with a
BILLING CODE 4410–30–P; 9111–97–P
The AD docket contains this final rule, Honeywell TPA–100B TCAS processor
the regulatory evaluation, any installed, P/N [part number] 940–0351–001.
comments received, and other This was caused by a combination of three
information. The address for Docket factors: (1) Hybrid surveillance enabled; (2)
DEPARTMENT OF TRANSPORTATION processor connected to a hybrid GPS [global
Operations (phone: 800–647–5527) is
positioning system] source, without a direct
Federal Aviation Administration U.S. Department of Transportation,
connection to a GPS source; and (3) an
Docket Operations, M–30, West encounter with an intruder aeroplane with
14 CFR Part 39 Building Ground Floor, Room W12–140, noisy (jumping) ADS–B Out position.
1200 New Jersey Avenue SE, EASA previously published Safety
[Docket No. FAA–2018–0589; Product Washington, DC 20590. Information Bulletin (SIB) 2014–33 to inform
Identifier 2018–NM–021–AD; Amendment owners and operators of affected aeroplanes
39–19489; AD 2018–23–03] FOR FURTHER INFORMATION CONTACT:
Steven Dzierzynski, Aerospace about this safety concern. At that time, the
RIN 2120–AA64 false RAs were not considered an unsafe
Engineer, Avionics and Administrative condition. Since the SIB was issued, further
Services Section, FAA, New York ACO events have been reported, involving a third
Airworthiness Directives; Airbus SAS
Branch, 1600 Stewart Avenue, Suite aeroplane.
Airplanes
410, Westbury, NY 11590; telephone This condition, if not corrected, could lead
AGENCY: Federal Aviation 516–228–7367; fax 516–794–5531. to a loss of separation with other aeroplanes,
Administration (FAA), Department of SUPPLEMENTARY INFORMATION: possibly resulting in a mid-air collision.
khammond on DSK30JT082PROD with RULES
Transportation (DOT). Prompted by these latest findings, and after
Discussion review of the available information, EASA
ACTION: Final rule. reassessed the severity and rate of occurrence
We issued a notice of proposed of false RAs and has decided that mandatory
SUMMARY: We are adopting a new rulemaking (NPRM) to amend 14 CFR action must be taken to reduce the rate of
airworthiness directive (AD) for certain part 39 by adding an AD that would occurrence, and the risk of loss of separation
Airbus SAS Model A318 and A319 apply to certain Airbus SAS Model with other aeroplanes. Honeywell
series airplanes; Model A320–211, –212, A318 and A319 series airplanes; Model International Inc. published Service Bulletin
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![55954 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations
(SB) 940–0351–34–0005 [Publication Number 2018–06–01, Amendment 39–19221 (83 September 18, 2017; and PMV
D201611000002] to provide instructions for FR 12852, March 26, 2018) (‘‘AD 2018– Engineering has issued Service Bulletin
an upgrade, introducing software version 05/ 06–01’’), because they both address the AVI–00690–SB–S99–R01, Revision 01,
01, changing the processor unit to P/N 940–
modification or replacement of a TCAS dated October 5, 2017. This service
0351–005.
EASA previously issued AD 2017–0091 processor. We infer a request to information, provided by the applicable
(later revised) to address the unsafe condition withdraw the NPRM. design change FAA STC approval
on aeroplanes that had the P/N 940–0351– We disagree because this AD pertains holders, describes the modification or
001 processor installed by Airbus major to aircraft that have had their TCAS replacement of the Honeywell TPA–
change or SB. However, part of the fleet had processor modified by an FAA-validated
the same P/N installed by STC [supplemental 100B TCAS processor. These documents
supplemental type certificate (STC),
type certificate]. The relevant STC approval are distinct because they apply to
whereas AD 2018–06–01 pertains to the
holders (see section Remarks of this [EASA] aircraft type certificate (TC) and the airplanes having different STCs
AD for contact details) have been notified installed. This service information is
and modification instructions (see section
TCAS processor modification required
by that AD does not include airplanes reasonably available because the
Ref. Publications of this [EASA] AD) can be
modified by an FAA STC. We have interested parties have access to it
obtained from those companies.
For the reason described above, this made no change to this AD in this through their normal course of business
[EASA] AD requires modification or regard. or by the means identified in the
replacement of Honeywell TPA–100B P/N ADDRESSES section.
940–0351–001 TCAS processors. This Conclusion
[EASA] AD also prohibits installation of We reviewed the relevant data, Other Related Service Information
those processors on post-mod aeroplanes. considered the comment received, and Honeywell International, Inc., has
You may examine the MCAI in the determined that air safety and the issued Service Bulletin 940–0351–34–
AD docket on the internet at http:// public interest require adopting this
0005, Revision 2, dated December 1,
www.regulations.gov by searching for final rule as proposed, except for minor
2017. This service information describes
and locating Docket No. FAA–2018– editorial changes. We have determined
that these minor changes: procedures for updating the software of
0589.
• Are consistent with the intent that the Honeywell TPA–100B TCAS
Comments was proposed in the NPRM for processor either on the airplane or at an
We gave the public the opportunity to addressing the unsafe condition; and authorized service center.
participate in developing this final rule. • Do not add any additional burden Costs of Compliance
The following presents the comment upon the public than was already
received on the NPRM and the FAA’s proposed in the NPRM. We estimate that this AD affects 1209
response to that comment. airplanes of U.S. registry.
Related Service Information Under 1
Request To Withdraw the NPRM CFR Part 51 We estimate the following costs to
Delta Air Lines (DAL) observed that H4 Aerospace has issued Service comply with this AD:
the proposed AD is redundant to AD Bulletin H4ASB009, Issue 1, dated
ESTIMATED COSTS
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
Modification ................ 1 work-hour × $85 per hour = $85 ................. Up to $1,623 .............. Up to $1,708 .............. Up to $2,064,972.
ESTIMATED COSTS FOR OPTIONAL ACTIONS
Cost per
Action Labor cost Parts cost product
Replacement .................................... 1 work-hour × $85 per hour = $85 ............................................................ $121,993 $122,078
According to the manufacturer, some detail the scope of the Agency’s products identified in this rulemaking
of the costs of this AD may be covered authority. action.
under warranty, thereby reducing the We are issuing this rulemaking under This AD is issued in accordance with
cost impact on affected individuals. We the authority described in Subtitle VII, authority delegated by the Executive
do not control warranty coverage for Part A, Subpart III, Section 44701: Director, Aircraft Certification Service,
affected individuals. As a result, we ‘‘General requirements.’’ Under that as authorized by FAA Order 8000.51C.
have included all costs in our cost section, Congress charges the FAA with In accordance with that order, issuance
estimate. promoting safe flight of civil aircraft in of ADs is normally a function of the
Authority for This Rulemaking air commerce by prescribing regulations Compliance and Airworthiness
khammond on DSK30JT082PROD with RULES
for practices, methods, and procedures Division, but during this transition
Title 49 of the United States Code the Administrator finds necessary for period, the Executive Director has
specifies the FAA’s authority to issue safety in air commerce. This regulation delegated the authority to issue ADs
rules on aviation safety. Subtitle I, is within the scope of that authority applicable to transport category
section 106, describes the authority of because it addresses an unsafe condition airplanes and associated appliances to
the FAA Administrator. Subtitle VII: that is likely to exist or develop on the Director of the System Oversight
Aviation Programs, describes in more Division.
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![Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations 55955
Regulatory Findings (3) Model A320–211, –212, –214, –231, 516–228–7300; fax 516–794–5531. Before
–232, and –233 airplanes. using any approved AMOC, notify your
This AD will not have federalism (4) Model A321–111, –112, –131, –211, appropriate principal inspector, or lacking a
implications under Executive Order –212, –213, –231, and –232 airplanes. principal inspector, the manager of the local
13132. This AD will not have a flight standards district office/certificate
substantial direct effect on the States, on (d) Subject
holding district office.
the relationship between the national Air Transport Association (ATA) of (2) Contacting the Manufacturer: For any
government and the States, or on the America Code 34, Navigation.
requirement in this AD to obtain corrective
distribution of power and (e) Reason actions from a manufacturer, the action must
responsibilities among the various This AD was prompted by reports of false be accomplished using a method approved
levels of government. resolution advisories (RAs) from certain by the Manager, New York ACO Branch,
For the reasons discussed above, I traffic collision avoidance systems (TCASs). FAA; or the European Aviation Safety
certify that this AD: We are issuing this AD to address the Agency (EASA); or Airbus SAS’s EASA
(1) Is not a ‘‘significant regulatory occurrence of false RAs from the TCAS, Design Organization Approval (DOA). If
action’’ under Executive Order 12866, which could lead to a loss of separation from approved by the DOA, the approval must
(2) Is not a ‘‘significant rule’’ under other airplanes, possibly resulting in a mid- include the DOA-authorized signature.
the DOT Regulatory Policies and air collision.
(k) Related Information
Procedures (44 FR 11034, February 26, (f) Compliance
(1) Refer to Mandatory Continuing
1979), Comply with this AD within the Airworthiness Information (MCAI) EASA AD
(3) Will not affect intrastate aviation compliance times specified, unless already 2017–0196, dated October 5, 2017, for related
in Alaska, and done. information. This MCAI may be found in the
(4) Will not have a significant AD docket on the internet at http://
(g) Definition of an Affected TCAS Processor
economic impact, positive or negative, www.regulations.gov by searching for and
on a substantial number of small entities For the purposes of this AD, an affected
locating Docket No. FAA–2018–0589.
under the criteria of the Regulatory TCAS processor is defined as a Honeywell
TPA–100B TCAS processor having part (2) For more information about this AD,
Flexibility Act. number (P/N) 940–0351–001. contact Steven Dzierzynski, Aerospace
Engineer, Avionics and Administrative
List of Subjects in 14 CFR Part 39 (h) Modification or Replacement of TCAS Services Section, FAA, New York ACO
Air transportation, Aircraft, Aviation Processor Branch, 1600 Stewart Avenue, Suite 410,
safety, Incorporation by reference, Within 12 months after the effective date Westbury, NY 11590; telephone 516–228–
Safety. of this AD: Update the software of the 7367; fax 516–794–5531.
affected TCAS processor and change the part (3) Service information identified in this
Adoption of the Amendment number to P/N 940–0351–005, or replace the AD that is not incorporated by reference is
Accordingly, under the authority affected TCAS processor with a TPA–100B available at the addresses specified in
delegated to me by the Administrator, TCAS processor P/N 940–0351–005, in paragraphs (l)(3) and (l)(4) of this AD.
accordance with the Accomplishment
the FAA amends 14 CFR part 39 as (l) Material Incorporated by Reference
Instructions of H4 Aerospace Service Bulletin
follows: H4ASB009, Issue 1, dated September 18, (1) The Director of the Federal Register
2017; or PMV Engineering Service Bulletin approved the incorporation by reference
PART 39—AIRWORTHINESS AVI–00690–SB–S99–R01, Revision 01, dated (IBR) of the service information listed in this
DIRECTIVES October 5, 2017; as applicable. paragraph under 5 U.S.C. 552(a) and 1 CFR
■ 1. The authority citation for part 39 Note 1 to paragraph (h) of this AD: part 51.
Guidance for accomplishing the actions (2) You must use this service information
continues to read as follows:
required by paragraph (h) of this AD can be as applicable to do the actions required by
Authority: 49 U.S.C. 106(g), 40113, 44701. found in Honeywell Service Bulletin 940– this AD, unless this AD specifies otherwise.
0351–34–0005, Revision 2, dated December (i) H4 Aerospace Service Bulletin
§ 39.13 [Amended] 1, 2017. H4ASB009, Issue 1, dated September 18,
■ 2. The FAA amends § 39.13 by adding 2017.
(i) Parts Installation Prohibition
the following new airworthiness (ii) PMV Engineering Service Bulletin AVI–
directive (AD): After modification or replacement of the 00690–SB–S99–R01, Revision 01, dated
TCAS processor as required by paragraph (h) October 5, 2017.
2018–23–03 Airbus SAS: Amendment 39– of this AD, no person may install on that
19489; Docket No. FAA–2018–0589; (3) For service information identified in
airplane an affected TCAS processor, as this AD, contact Honeywell Aerospace,
Product Identifier 2018–NM–021–AD. defined in paragraph (g) of this AD. Technical Publications and Distribution, M/
(a) Effective Date (j) Other FAA AD Provisions S 2101–201, P.O. Box 52170, Phoenix, AZ
This AD is effective December 14, 2018. 85072–2170; phone: 602–365–5535; fax: 602–
The following provisions also apply to this
365–5577; internet: http://
(b) Affected ADs AD:
www.honeywell.com.
None. (1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO (4) You may view this service information
(c) Applicability Branch, FAA, has the authority to approve at the FAA, Transport Standards Branch,
AMOCs for this AD, if requested using the 2200 South 216th St., Des Moines, WA. For
This AD applies to the Airbus SAS
procedures found in 14 CFR 39.19. In information on the availability of this
airplanes identified in paragraphs (c)(1)
accordance with 14 CFR 39.19, send your material at the FAA, call 206–231–3195.
through (c)(4) of this AD, certificated in any
(5) You may view this service information
khammond on DSK30JT082PROD with RULES
category, if modified by H4 Aerospace request to your principal inspector or local
Supplemental Type Certificate (STC) Flight Standards District Office, as that is incorporated by reference at the
ST03708NY or PMV Engineering STC appropriate. If sending information directly National Archives and Records
ST03835NY. to the manager of the certification office, Administration (NARA). For information on
(1) Model A318–111, –112, –121, and –122 send it to ATTN: Program Manager, the availability of this material at NARA, call
airplanes. Continuing Operational Safety, FAA, New 202–741–6030, or go to: http://
(2) Model A319–111, –112, –113, –114, York ACO Branch, 1600 Stewart Avenue, www.archives.gov/federal-register/cfr/ibr-
–115, –131, –132, and –133 airplanes. Suite 410, Westbury, NY 11590; telephone locations.html.
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![55956 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations
Issued in Des Moines, Washington, on Farallones National Marine Sanctuary, the federal office within NOAA that
October 26, 2018. 991 Marine Drive, The Presidio, San manages the National Marine Sanctuary
Michael Kaszycki, Francisco, CA 94129. Copies of the final System (System). The mission of ONMS
Acting Director, System Oversight Division, EA and the final rule can also be viewed is to identify, protect, conserve, and
Aircraft Certification Service. or downloaded at https:// enhance the natural and cultural
[FR Doc. 2018–24394 Filed 11–8–18; 8:45 am] farallones.noaa.gov/manage/ resources, values, and qualities of the
BILLING CODE 4910–13–P regulations.html or at System for this and future generations
www.regulations.gov (search for docket throughout the nation. This System
NOAA–NOS–2017–0140). includes 13 national marine sanctuaries,
DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: among them GFNMS and CBNMS.
Maria Brown, Greater Farallones ONMS also manages
National Oceanic and Atmospheric National Marine Sanctuary Papahānaumokuākea and Rose Atoll
Administration Superintendent, at Maria.Brown@ marine national monuments. GFNMS
noaa.gov or 415–561–6622. was designated in 1981 and protects
15 CFR Part 922 SUPPLEMENTARY INFORMATION: approximately 3,295 square miles (2,488
square nm). CBNMS was designated in
[Docket No. 170315274–7274–01] I. Background and Purpose of 1989 and protects approximately 1,286
RIN 0648–BG73 Regulatory Change square miles (971 square nm). NOAA
A. Introduction expanded both sanctuaries to their
Vessel and Aircraft Discharges From current size on March 12, 2015 (80 FR
United States Coast Guard in Greater On March 12, 2015, NOAA expanded 13078). When referring to the expansion
Farallones and Cordell Bank National the boundaries of GFNMS and CBNMS areas of the sanctuaries, NOAA means
Marine Sanctuaries to an area north and west of their the areas that were added to the existing
previous boundaries. In that rule, 1981 and 1989 boundaries for GFNMS
AGENCY: Office of National Marine pursuant to a request from the USCG,
Sanctuaries (ONMS), National Ocean and CBNMS, respectively.
NOAA announced that it would Both GFNMS and CBNMS regulations
Service (NOS), National Oceanic and postpone the effective date for the prohibit discharging or depositing, from
Atmospheric Administration (NOAA), discharge requirements in both within or into the sanctuary, any
Department of Commerce (DOC). expansion areas (defined as the areas material or other matter (15 CFR
ACTION: Final rule. that were added to the existing 1981 and 922.82(a)(2), (3) and 15 CFR
1989 boundaries for GFNMS and 922.112(a)(2)(i) and (ii)). Both GFNMS
SUMMARY: With this final rule, the CBNMS, respectively) with regard to
National Oceanic and Atmospheric and CBNMS regulations also prohibit
USCG activities. The purpose of the discharging or depositing, from beyond
Administration (NOAA) is allowing the postponement was to look at ways to
United States Coast Guard (USCG or the boundary of the sanctuary, any
address Coast Guard’s concerns that the material or other matter that
Coast Guard) to carry out certain discharge regulations would impair the
otherwise prohibited activities within subsequently enters the sanctuary and
operations of Coast Guard vessels in, injures a sanctuary resource or quality
waters of Greater Farallones National and aircraft over, the sanctuaries, and to
Marine Sanctuary (GFNMS) and Cordell (15 CFR 922.82(a)(4); 15 CFR
consider, among other things, whether 922.112(a)(2)(iii)). Most national marine
Bank National Marine Sanctuary to exempt Coast Guard activities in both
(CBNMS) beyond approximately 3 sanctuaries have similar regulatory
sanctuary expansion areas. This final prohibitions. The discharge prohibitions
nautical miles (nm) from the shore, in rule allows the USCG to carry out
the areas of the sanctuaries that were are aimed at maintaining and improving
otherwise prohibited discharges within water quality within national marine
expanded in 2015. This final rule will waters of the expansion areas of GFNMS
further the ability of the USCG to sanctuaries to enhance conditions for
and CBNMS seaward of approximately their living marine resources. The
complete its mission requirements and 3 nm from the shore, as described in
NOAA’s policy of facilitating uses of the discharge prohibitions include the
more detail below.1 In formulating this following exceptions relevant to the
sanctuaries to the extent compatible final rule, NOAA considered a number
with resource protection. There is no final action:
of factors discussed more fully in the • For a vessel less than 300 gross
change to the regulatory prohibitions or final EA, including the ability of the
exceptions applicable to the pre- registered tons (GRT), or a vessel 300
USCG to complete its mission GRT or greater without sufficient
expansion boundaries of the two requirements and the policy of
sanctuaries. NOAA published a holding tank capacity to hold sewage
facilitating uses of the sanctuaries to the while within the sanctuary, clean
proposed rule and draft environmental extent compatible with resource
assessment (EA) under the National effluent generated incidental to vessel
protection. use by an operable Type I or II marine
Environmental Policy Act (NEPA) on
November 22, 2017. NOAA received B. Greater Farallones and Cordell Bank sanitation device that is approved in
written and oral public comments on National Marine Sanctuaries accordance with section 312 of the
the proposed rule and draft EA, and Federal Water Pollution Control Act,2 as
NOAA is charged with managing
NOAA considers and responds to the amended (FWPCA); vessel operators
areas of the marine environment that are
comments in this final rule and the final must lock all marine sanitation devices
of special national significance as the
EA. in a manner that prevents discharge or
National Marine Sanctuary System (16
deposit of untreated sewage (15 CFR
khammond on DSK30JT082PROD with RULES
DATES: This final rule is effective on U.S.C. 1431(b)(1)). The Office of
922.82(a)(2)(ii) and 922.112(a)(2)(i)(B));
December 10, 2018. National Marine Sanctuaries (ONMS) is • For a vessel less than 300 GRT, or
ADDRESSES: Copies of the final EA a vessel 300 GRT or greater without
1 The specific boundary lines that designate the
described in this rule and the Finding sufficient holding tank capacity to hold
areas where the new discharge exceptions for
of No Significant Impact (FONSI) are certain USCG activities applies are identified by
available upon written request from coordinates included in appendices to the 2 The Federal Water Pollution Control Act is more
Maria Brown, Superintendent, Greater regulatory text. commonly referred to as the Clean Water Act.
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Document Created: 2018-11-09 03:34:12
Document Modified: 2018-11-09 03:34:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective December 14, 2018. | |
| Contact | Steven Dzierzynski, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7367; fax 516-794-5531. | |
| FR Citation | 83 FR 55953 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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