83 FR 59328 - Airworthiness Directives; Airbus SAS Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 226 (November 23, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59328-59331 | |
| FR Document | 2018-25386 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Proposed Rules] [Pages 59328-59331] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25386] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0962; Product Identifier 2018-NM-125-AD] RIN 2120-AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for all Airbus SAS Model A350-941 airplanes. This proposed AD was prompted by reports of an overheat failure mode of the hydraulic engine-driven pump (EDP), and a determination that the affected EDP needs to be replaced with an improved EDP. This proposed AD would require replacement of a certain EDP with an improved EDP. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by January 7, 2019. 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. [[Page 59329]] Hand Delivery: Deliver to Mail address above 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 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- 0962; 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 NPRM, 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-2018-0962; Product Identifier 2018-NM-125-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of 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 NPRM. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018-0178, dated August 23, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus SAS Model A350-941 airplanes. The MCAI states: In the Airbus A350 design, the hydraulic fluid cooling system is located in the fuel tanks. Recently, an overheat failure mode of the hydraulic EDP was found, which may cause a fast temperature rise of the hydraulic fluid. This condition, if not detected and corrected, combined with an inoperative fuel tank inerting system, could lead to an uncontrolled overheat of the hydraulic fluid, possibly resulting in ignition of the fuel-air mixture in the affected fuel tank. To address this potential unsafe condition, Airbus issued a Major Event Revision (MER) of the A350 Master Minimum Equipment List (MMEL) that incorporates restrictions to avoid an uncontrolled overheat of the hydraulic system. Consequently, EASA issued Emergency AD 2017-0154-E to require implementation of these dispatch restrictions. After EASA AD 2017-0154-E was issued, following further investigation, Airbus issued another MER of the A350 MMEL that expanded the number of restricted MMEL items. At the same time, Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to inform all operators accordingly. Consequently, EASA issued AD 2017- 0180, retaining the requirements of EASA Emergency AD 2017-0154-E, which was superseded, and requiring implementation of the new Airbus A350 MMEL MER and, consequently, restrictions for aeroplane dispatch. After EASA AD 2017-0180 was issued, Airbus developed HMCA [Hydraulic Monitoring and Control Application] SW [software] S4.2, embodied in production through Airbus mod 112090, and introduced in service through Airbus SB [service bulletin] A350-29-P012. Consequently, EASA issued AD 2017-0200 [which corresponds to FAA AD 2018-19-19, Amendment 39-19419 (83 FR 48203, September 24, 2018)], retaining the requirements of EASA AD 2017-0180, which was superseded, and requiring modification of the aeroplane by installing HMCA SW S4.2. Since EASA AD 2017-0200 was issued, it was determined that the affected part need to be replaced with improved EDP. Consequently, Airbus issued the SB [Service Bulletin A350-29-P013, dated March 12, 2018] to provide instructions to replace the affected parts with improved EDP, having P/N [part number] 53098-06, which are embodied in production through Airbus mod 112192. For the reasons described above, this [EASA] AD retains the requirement of EASA AD 2017-0200, which is superseded, and requires replacement of each affected parts with improved EDP. 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- 0962. Related Service Information Under 1 CFR Part 51 Airbus SAS has issued Service Bulletin A350-29-P013, dated March 12, 2018. This service information describes procedures for replacing a certain EDP with an improved EDP. 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. FAA's Determination 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 the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed Requirements of This NPRM This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ``Differences Between this Proposed AD and the MCAI.'' Differences Between This Proposed AD and the MCAI This NPRM does not propose to supersede AD 2018-19-19. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This proposed AD would require replacing the EDP with an improved EDP. The MCAI specifies a modification to install HMCA SW S4.2 on certain airplanes. This proposed AD would not require this modification, since the modification is required by AD 2018-19-19. Additionally, the MCAI prohibits installing software prior to HMCA SW S4.2. This proposed AD would not include that prohibition since it has already been prohibited by AD 2018-19-19. The MCAI specifies changes to the Airbus MMEL to incorporate dispatch restrictions. However, the FAA MMEL is already updated to incorporate these, and all current and future U.S. operators are already required to use the FAA MMEL, so this proposed AD would not [[Page 59330]] require changes to the MMEL as specified in the MCAI. Further, the MCAI notes that, after completing the modification by installing HMCA SW S4.2 and replacing the EDP with an improved EDP, Airbus A350 MMEL Minor Change V29ME1732522, dated January 3, 2018, and Airbus A350 MMEL Major Change V29ME1734973, dated January 30, 2018, can be implemented for that airplane, and those changes remove certain restrictions for that airplane. For U.S. registered aircraft, no provisions for relief are to be added to the MMEL with incorporation of this proposed AD. The FAA-approved MMEL currently contains more restrictive operational limitations, and we will update it when relief is justified. Explanation of Compliance Time In most ADs, we adopt a compliance time allowing a specified amount of time after the AD's effective date. In this case, however, we are using a fixed compliance date in this proposed AD. The MCAI requires operators of all Airbus SAS Model A350-941 airplanes to replace affected EDPs with improved EDPs to address an identified unsafe condition in a specified amount of time (within 17 months after the MCAI's effective date of September 6, 2018, or February 6, 2020). That compliance time is based on risk analysis requirements, including reports of fuel pump overheats and failures. To support this risk analysis, and to provide for coordinated implementation of EASA's regulations and this proposed AD, we are using the same compliance target in this proposed AD. 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: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Labor cost Parts cost Cost per product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Up to 25 work-hours x $85 per hour = Up to $224,400......... Up to $226,525......... Up to $2,491,775. $2,125. ---------------------------------------------------------------------------------------------------------------- According to the manufacturer, some or all of the costs of this proposed 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 known 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 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 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 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 SAS: Docket No. FAA-2018-0962; Product Identifier 2018-NM- 125-AD. (a) Comments Due Date We must receive comments by January 7, 2019. (b) Affected ADs None. (c) Applicability This AD applies to Airbus SAS Model A350-941 airplanes, certificated in any category, all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 29, Hydraulic power. (e) Reason This AD was prompted by reports of an overheat failure mode of the hydraulic engine-driven pump (EDP), and a determination that the affected EDP needs to be replaced with an improved EDP. We are issuing this AD to address the overheat failure mode of the hydraulic EDP, which may cause a fast temperature rise of the hydraulic fluid, and, if combined with an inoperative fuel tank inerting system, could lead to an uncontrolled overheat of the hydraulic fluid, possibly resulting in ignition of the fuel-air mixture of the affected tank. [[Page 59331]] (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action Before February 6, 2020, replace each EDP having part number (P/ N) 53098-04 with an improved EDP, having P/N 53098-06, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A350-29-P013, dated March 12, 2018. (h) Parts Installation Prohibition At the applicable time specified in paragraph (h)(1) or (h)(2) of this AD: No person may install an EDP having P/N 53098-04 on any airplane. (1) For airplanes that, as of the effective date of this AD, have any EDP having P/N 53098-04 installed: After modification of the airplane as specified by paragraph (g) of this AD. (2) For airplanes that, as of the effective date of this AD, are post-Modification 112192 and do not have any EDP having P/N 53098-04 installed: As of the effective date 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 2018-0178, dated August 23, 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-2018-0962. (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 November 8, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-25386 Filed 11-21-18; 8:45 am] BILLING CODE 4910-13-P
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under the criteria of the Regulatory specified in Chapter 5–40, Airworthiness International Section, Transport Standards
Flexibility Act. Limitations, DMD 44729, Revision 9, dated Branch, FAA, 2200 South 216th St., Des
November 29, 2017, of the Dassault Aviation Moines, WA 98198; telephone and fax 206–
List of Subjects in 14 CFR Part 39 Falcon 20 Maintenance Manual. The initial 231–3226.
compliance time for accomplishing the (3) For service information identified in
Air transportation, Aircraft, Aviation actions is at the applicable time specified in this AD, contact Dassault Falcon Jet
safety, Incorporation by reference, Chapter 5–40, Airworthiness Limitations, Corporation, Teterboro Airport, P.O. Box
Safety. DMD 44729, Revision 9, dated November 29, 2000, South Hackensack, NJ 07606;
2017, of the Dassault Aviation Falcon 20 telephone 201–440–6700; internet http://
The Proposed Amendment
Maintenance Manual; or within 90 days after www.dassaultfalcon.com. You may view this
Accordingly, under the authority the effective date of this AD; whichever service information at the FAA, Transport
delegated to me by the Administrator, occurs later. Where the threshold column in Standards Branch, 2200 South 216th St., Des
the FAA proposes to amend 14 CFR part the table in paragraph B, Mandatory Moines, WA. For information on the
39 as follows: Maintenance Operations, of Chapter 5–40, availability of this material at the FAA, call
Airworthiness Limitations, DMD 44729, 206–231–3195.
PART 39—AIRWORTHINESS Revision 9, dated November 29, 2017, of the
Dassault Aviation Falcon 20 Maintenance Issued in Des Moines, Washington, on
DIRECTIVES Manual specifies a compliance time in years, November 8, 2018.
those compliance times start from the date of Chris Spangenberg,
■ 1. The authority citation for part 39 issuance of the original airworthiness
continues to read as follows: certificate or date of issuance of the original Acting Director, System Oversight Division,
export certificate of airworthiness. Aircraft Certification Service.
Authority: 49 U.S.C. 106(g), 40113, 44701.
[FR Doc. 2018–25385 Filed 11–21–18; 8:45 am]
§ 39.13 [Amended] (h) No Alternative Actions or Intervals
BILLING CODE 4910–13–P
■ 2. The FAA amends § 39.13 by adding After accomplishing the revision required
by paragraph (g) of this AD, no alternative
the following new airworthiness
actions (e.g., inspections) or intervals may be DEPARTMENT OF TRANSPORTATION
directive (AD): used unless the actions and intervals are
Dassault Aviation: Docket No. FAA–2018– approved as an alternative method of Federal Aviation Administration
0963; Product Identifier 2018–NM–135– compliance (AMOC) in accordance with the
AD. procedures specified in paragraph (i)(1) of
this AD. 14 CFR Part 39
(a) Comments Due Date
(i) Other FAA AD Provisions [Docket No. FAA–2018–0962; Product
We must receive comments by January 7, Identifier 2018–NM–125–AD]
2019. The following provisions also apply to this
AD: RIN 2120–AA64
(b) Affected ADs (1) Alternative Methods of Compliance
None. (AMOCs): The Manager, International Airworthiness Directives; Airbus SAS
Section, Transport Standards Branch, FAA, Airplanes
(c) Applicability has the authority to approve AMOCs for this
This AD applies to Dassault Aviation AD, if requested using the procedures found AGENCY: Federal Aviation
Model FAN JET FALCON, and FAN JET in 14 CFR 39.19. In accordance with 14 CFR Administration (FAA), DOT.
FALCON SERIES C, D, E, F, and G airplanes, 39.19, send your request to your principal ACTION: Notice of proposed rulemaking
certificated in any category, all serial inspector or local Flight Standards District
(NPRM).
numbers, on which the Dassault Fan Jet Office, as appropriate. If sending information
Falcon Supplemental Structural Inspection directly to the International Section, send it SUMMARY: We propose to adopt a new
Program (Dassault Service Bulletin (SB) 730), to the attention of the person identified in
airworthiness directive (AD) for all
has been embodied into the airplane’s paragraph (j)(2) of this AD. Information may
maintenance program. be emailed to: 9–ANM–116–AMOC– Airbus SAS Model A350–941 airplanes.
REQUESTS@faa.gov. Before using any This proposed AD was prompted by
(d) Subject approved AMOC, notify your appropriate reports of an overheat failure mode of
Air Transport Association (ATA) of principal inspector, or lacking a principal the hydraulic engine-driven pump
America Code 05, Time Limits/Maintenance inspector, the manager of the local flight (EDP), and a determination that the
Checks. standards district office/certificate holding affected EDP needs to be replaced with
district office. an improved EDP. This proposed AD
(e) Reason (2) Contacting the Manufacturer: For any
This AD was prompted by a determination
would require replacement of a certain
requirement in this AD to obtain corrective
that new or more restrictive airworthiness actions from a manufacturer, the action must EDP with an improved EDP. We are
limitations and maintenance requirements be accomplished using a method approved proposing this AD to address the unsafe
are necessary. We are issuing this AD to by the Manager, International Section, condition on these products.
address, among other things, fatigue cracking Transport Standards Branch, FAA; or DATES: We must receive comments on
and damage in principal structural elements; European Aviation Safety Agency (EASA); or this proposed AD by January 7, 2019.
such fatigue cracking and damage could Dassault Aviation’s EASA Design
ADDRESSES: You may send comments,
result in reduced structural integrity of the Organization Approval (DOA). If approved by
airplane. the DOA, the approval must include the using the procedures found in 14 CFR
DOA-authorized signature. 11.43 and 11.45, by any of the following
(f) Compliance methods:
(j) Related Information
Comply with this AD within the • Federal eRulemaking Portal: Go to
amozie on DSK3GDR082PROD with PROPOSALS1
compliance times specified, unless already (1) Refer to Mandatory Continuing http://www.regulations.gov. Follow the
done. Airworthiness Information (MCAI) EASA AD instructions for submitting comments.
2018–0193, dated September 3, 2018, for
(g) Maintenance or Inspection Program • Fax: 202–493–2251.
related information. This MCAI may be
Revision found in the AD docket on the internet at
• Mail: U.S. Department of
Within 90 days after the effective date of http://www.regulations.gov by searching for Transportation, Docket Operations, M–
this AD, revise the existing maintenance or and locating Docket No. FAA–2018–0963. 30, West Building Ground Floor, Room
inspection program, as applicable, to (2) For more information about this AD, W12–140, 1200 New Jersey Avenue SE,
incorporate the airworthiness limitations contact Tom Rodriguez, Aerospace Engineer, Washington, DC 20590.
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• Hand Delivery: Deliver to Mail for the Member States of the European www.regulations.gov by searching for
address above between 9 a.m. and 5 Union, has issued EASA AD 2018–0178, and locating Docket No. FAA–2018–
p.m., Monday through Friday, except dated August 23, 2018 (referred to after 0962.
Federal holidays. this as the Mandatory Continuing
For service information identified in Related Service Information Under 1
Airworthiness Information, or ‘‘the
this NPRM, contact Airbus SAS, CFR Part 51
MCAI’’), to correct an unsafe condition
Airworthiness Office—EAL, Rond-Point for all Airbus SAS Model A350–941 Airbus SAS has issued Service
Emile Dewoitine No: 2, 31700 Blagnac airplanes. The MCAI states: Bulletin A350–29–P013, dated March
Cedex, France; telephone +33 5 61 93 36 12, 2018. This service information
In the Airbus A350 design, the hydraulic
96; fax +33 5 61 93 45 80; email fluid cooling system is located in the fuel describes procedures for replacing a
continued-airworthiness.a350@ tanks. Recently, an overheat failure mode of certain EDP with an improved EDP.
airbus.com; internet http:// the hydraulic EDP was found, which may This service information is reasonably
www.airbus.com. You may view this cause a fast temperature rise of the hydraulic available because the interested parties
service information at the FAA, fluid. have access to it through their normal
Transport Standards Branch, 2200 This condition, if not detected and course of business or by the means
South 216th St., Des Moines, WA. For corrected, combined with an inoperative fuel identified in the ADDRESSES section.
tank inerting system, could lead to an
information on the availability of this uncontrolled overheat of the hydraulic fluid,
material at the FAA, call 206–231–3195. FAA’s Determination
possibly resulting in ignition of the fuel-air
mixture in the affected fuel tank. This product has been approved by
Examining the AD Docket the aviation authority of another
To address this potential unsafe condition,
You may examine the AD docket on Airbus issued a Major Event Revision (MER) country, and is approved for operation
the internet at http:// of the A350 Master Minimum Equipment List in the United States. Pursuant to our
www.regulations.gov by searching for (MMEL) that incorporates restrictions to bilateral agreement with the State of
and locating Docket No. FAA–2018– avoid an uncontrolled overheat of the Design Authority, we have been notified
0962; or in person at Docket Operations hydraulic system. Consequently, EASA
of the unsafe condition described in the
between 9 a.m. and 5 p.m., Monday issued Emergency AD 2017–0154–E to
require implementation of these dispatch MCAI and service information
through Friday, except Federal holidays. restrictions. referenced above. We are proposing this
The AD docket contains this NPRM, the After EASA AD 2017–0154–E was issued, AD because we evaluated all the
regulatory evaluation, any comments following further investigation, Airbus issued relevant information and determined
received, and other information. The another MER of the A350 MMEL that the unsafe condition described
street address for Docket Operations expanded the number of restricted MMEL previously is likely to exist or develop
(phone: 800–647–5527) is in the items. At the same time, Airbus revised on other products of the same type
ADDRESSES section. Comments will be Flight Operation Transmission (FOT)
999.0068/17, to inform all operators design.
available in the AD docket shortly after
accordingly. Consequently, EASA issued AD Proposed Requirements of This NPRM
receipt. 2017–0180, retaining the requirements of
FOR FURTHER INFORMATION CONTACT: EASA Emergency AD 2017–0154–E, which This proposed AD would require
Kathleen Arrigotti, Aerospace Engineer, was superseded, and requiring accomplishing the actions specified in
International Section, Transport implementation of the new Airbus A350 the service information described
Standards Branch, FAA, 2200 South MMEL MER and, consequently, restrictions previously, except as discussed under
216th St., Des Moines, WA 98198; for aeroplane dispatch. ‘‘Differences Between this Proposed AD
After EASA AD 2017–0180 was issued,
telephone and fax 206–231–3218. and the MCAI.’’
Airbus developed HMCA [Hydraulic
SUPPLEMENTARY INFORMATION: Monitoring and Control Application] SW Differences Between This Proposed AD
[software] S4.2, embodied in production and the MCAI
Comments Invited
through Airbus mod 112090, and introduced
We invite you to send any written in service through Airbus SB [service This NPRM does not propose to
relevant data, views, or arguments about bulletin] A350–29–P012. Consequently, supersede AD 2018–19–19. Rather, we
this proposal. Send your comments to EASA issued AD 2017–0200 [which have determined that a stand-alone AD
an address listed under the ADDRESSES corresponds to FAA AD 2018–19–19, would be more appropriate to address
Amendment 39–19419 (83 FR 48203, the changes in the MCAI. This proposed
section. Include ‘‘Docket No. FAA–
September 24, 2018)], retaining the AD would require replacing the EDP
2018–0962; Product Identifier 2018– requirements of EASA AD 2017–0180, which
NM–125–AD’’ at the beginning of your was superseded, and requiring modification
with an improved EDP.
comments. We specifically invite of the aeroplane by installing HMCA SW The MCAI specifies a modification to
comments on the overall regulatory, S4.2. install HMCA SW S4.2 on certain
economic, environmental, and energy Since EASA AD 2017–0200 was issued, it airplanes. This proposed AD would not
aspects of this NPRM. We will consider was determined that the affected part need to require this modification, since the
all comments received by the closing be replaced with improved EDP. modification is required by AD 2018–
date and may amend this NPRM Consequently, Airbus issued the SB [Service 19–19. Additionally, the MCAI prohibits
Bulletin A350–29–P013, dated March 12, installing software prior to HMCA SW
because of those comments. 2018] to provide instructions to replace the
We will post all comments we S4.2. This proposed AD would not
affected parts with improved EDP, having
receive, without change, to http:// P/N [part number] 53098–06, which are include that prohibition since it has
www.regulations.gov, including any embodied in production through Airbus mod already been prohibited by AD 2018–
amozie on DSK3GDR082PROD with PROPOSALS1
personal information you provide. We 112192. 19–19.
will also post a report summarizing each For the reasons described above, this The MCAI specifies changes to the
substantive verbal contact we receive [EASA] AD retains the requirement of EASA Airbus MMEL to incorporate dispatch
about this NPRM. AD 2017–0200, which is superseded, and restrictions. However, the FAA MMEL
requires replacement of each affected parts is already updated to incorporate these,
Discussion with improved EDP. and all current and future U.S. operators
The European Aviation Safety Agency You may examine the MCAI in the are already required to use the FAA
(EASA), which is the Technical Agent AD docket on the internet at http:// MMEL, so this proposed AD would not
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![59330 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules
require changes to the MMEL as FAA-approved MMEL currently effective date of September 6, 2018, or
specified in the MCAI. contains more restrictive operational February 6, 2020). That compliance time
Further, the MCAI notes that, after limitations, and we will update it when is based on risk analysis requirements,
completing the modification by relief is justified. including reports of fuel pump
installing HMCA SW S4.2 and replacing Explanation of Compliance Time overheats and failures. To support this
the EDP with an improved EDP, Airbus risk analysis, and to provide for
In most ADs, we adopt a compliance
A350 MMEL Minor Change coordinated implementation of EASA’s
time allowing a specified amount of
V29ME1732522, dated January 3, 2018, regulations and this proposed AD, we
time after the AD’s effective date. In this
and Airbus A350 MMEL Major Change case, however, we are using a fixed are using the same compliance target in
V29ME1734973, dated January 30, 2018, compliance date in this proposed AD. this proposed AD.
can be implemented for that airplane, The MCAI requires operators of all Costs of Compliance
and those changes remove certain Airbus SAS Model A350–941 airplanes
restrictions for that airplane. For U.S. to replace affected EDPs with improved We estimate that this proposed AD
registered aircraft, no provisions for EDPs to address an identified unsafe affects 11 airplanes of U.S. registry. We
relief are to be added to the MMEL with condition in a specified amount of time estimate the following costs to comply
incorporation of this proposed AD. The (within 17 months after the MCAI’s with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on
Labor cost Parts cost product U.S. operators
Up to 25 work-hours × $85 per hour = $2,125 Up to $224,400 ....................... Up to $226,525 ....................... Up to $2,491,775.
According to the manufacturer, some issue ADs applicable to transport PART 39—AIRWORTHINESS
or all of the costs of this proposed AD category airplanes to the Director of the DIRECTIVES
may be covered under warranty, thereby System Oversight Division.
reducing the cost impact on affected ■ 1. The authority citation for part 39
individuals. We do not control warranty Regulatory Findings
continues to read as follows:
coverage for affected individuals. As a We determined that this proposed AD Authority: 49 U.S.C. 106(g), 40113, 44701.
result, we have included all known would not have federalism implications
costs in our cost estimate. under Executive Order 13132. This § 39.13 [Amended]
Authority for This Rulemaking proposed AD would not have a ■ 2. The FAA amends § 39.13 by adding
substantial direct effect on the States, on the following new airworthiness
Title 49 of the United States Code
the relationship between the national directive (AD):
specifies the FAA’s authority to issue
Government and the States, or on the
rules on aviation safety. Subtitle I, Airbus SAS: Docket No. FAA–2018–0962;
section 106, describes the authority of distribution of power and
Product Identifier 2018–NM–125–AD.
the FAA Administrator. Subtitle VII: responsibilities among the various
Aviation Programs, describes in more levels of government. (a) Comments Due Date
detail the scope of the Agency’s For the reasons discussed above, I We must receive comments by January 7,
authority. certify this proposed regulation: 2019.
We are issuing this rulemaking under 1. Is not a ‘‘significant regulatory (b) Affected ADs
the authority described in Subtitle VII, action’’ under Executive Order 12866; None.
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that 2. Is not a ‘‘significant rule’’ under the (c) Applicability
section, Congress charges the FAA with DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); This AD applies to Airbus SAS Model
promoting safe flight of civil aircraft in A350–941 airplanes, certificated in any
air commerce by prescribing regulations 3. Will not affect intrastate aviation in category, all serial numbers.
for practices, methods, and procedures Alaska; and
the Administrator finds necessary for (d) Subject
4. Will not have a significant
safety in air commerce. This regulation economic impact, positive or negative, Air Transport Association (ATA) of
is within the scope of that authority America Code 29, Hydraulic power.
on a substantial number of small entities
because it addresses an unsafe condition under the criteria of the Regulatory (e) Reason
that is likely to exist or develop on Flexibility Act. This AD was prompted by reports of an
products identified in this rulemaking
List of Subjects in 14 CFR Part 39 overheat failure mode of the hydraulic
action.
engine-driven pump (EDP), and a
This proposed AD is issued in
Air transportation, Aircraft, Aviation determination that the affected EDP needs to
accordance with authority delegated by be replaced with an improved EDP. We are
amozie on DSK3GDR082PROD with PROPOSALS1
the Executive Director, Aircraft safety, Incorporation by reference,
Safety. issuing this AD to address the overheat
Certification Service, as authorized by failure mode of the hydraulic EDP, which
FAA Order 8000.51C. In accordance The Proposed Amendment may cause a fast temperature rise of the
with that order, issuance of ADs is hydraulic fluid, and, if combined with an
normally a function of the Compliance Accordingly, under the authority inoperative fuel tank inerting system, could
and Airworthiness Division, but during delegated to me by the Administrator, lead to an uncontrolled overheat of the
this transition period, the Executive the FAA proposes to amend 14 CFR part hydraulic fluid, possibly resulting in ignition
Director has delegated the authority to 39 as follows: of the fuel-air mixture of the affected tank.
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![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules 59331
(f) Compliance methods in accordance with the operator’s transmission rates under an Open
Comply with this AD within the maintenance or inspection program without Access Transmission Tariff (OATT), a
compliance times specified, unless already obtaining approval of an AMOC, provided transmission owner tariff, or a rate
done. the procedures and tests identified as RC can
schedule to revise those rates to account
be done and the airplane can be put back in
(g) Required Action an airworthy condition. Any substitutions or for changes caused by the Tax Cuts and
Before February 6, 2020, replace each EDP changes to procedures or tests identified as Jobs Act of 2017 (Tax Cuts and Jobs
having part number (P/N) 53098–04 with an RC require approval of an AMOC. Act). Specifically, for transmission
improved EDP, having P/N 53098–06, in formula rates, the Commission is
(j) Related Information
accordance with the Accomplishment proposing to require that public utilities
Instructions of Airbus Service Bulletin A350– (1) Refer to Mandatory Continuing deduct excess accumulated deferred
29–P013, dated March 12, 2018. Airworthiness Information (MCAI) EASA AD income taxes (ADIT) from or add
2018–0178, dated August 23, 2018, for
(h) Parts Installation Prohibition deficient ADIT to their rate bases and
related information. This MCAI may be
At the applicable time specified in found in the AD docket on the internet at adjust their income tax allowances by
paragraph (h)(1) or (h)(2) of this AD: No http://www.regulations.gov by searching for amortized excess or deficient ADIT. The
person may install an EDP having P/N and locating Docket No. FAA–2018–0962. Commission is also proposing to require
53098–04 on any airplane. (2) For more information about this AD, all public utilities with transmission
(1) For airplanes that, as of the effective contact Kathleen Arrigotti, Aerospace formula rates to incorporate a new
date of this AD, have any EDP having P/N Engineer, International Section, Transport permanent worksheet into their
53098–04 installed: After modification of the Standards Branch, FAA, 2200 South 216th transmission formula rates that will
airplane as specified by paragraph (g) of this St., Des Moines, WA 98198; telephone and
AD.
annually track ADIT information.
fax 206–231–3218.
(2) For airplanes that, as of the effective Additionally, the Commission is
(3) For service information identified in
date of this AD, are post-Modification 112192 this AD, contact Airbus SAS, Airworthiness proposing to require all public utilities
and do not have any EDP having P/N 53098– Office—EAL, Rond-Point Emile Dewoitine with transmission stated rates to
04 installed: As of the effective date of this No: 2, 31700 Blagnac Cedex, France; determine the amount of excess and
AD. telephone +33 5 61 93 36 96; fax +33 5 61 deferred income tax caused by the Tax
(i) Other FAA AD Provisions 93 45 80; email continued- Cuts and Jobs Act’s reduction to the
airworthiness.a350@airbus.com; internet federal corporate income tax rate and
The following provisions also apply to this http://www.airbus.com. You may view this
AD: return or recover this amount to or from
service information at the FAA, Transport customers.
(1) Alternative Methods of Compliance Standards Branch, 2200 South 216th St., Des
(AMOCs): The Manager, International Moines, WA. For information on the DATES: Comments are due December 24,
Section, Transport Standards Branch, FAA, availability of this material at the FAA, call 2018.
has the authority to approve AMOCs for this 206–231–3195.
AD, if requested using the procedures found ADDRESSES: Comments, identified by
in 14 CFR 39.19. In accordance with 14 CFR Issued in Des Moines, Washington, on docket number, may be filed
39.19, send your request to your principal November 8, 2018. electronically at http://www.ferc.gov in
inspector or local Flight Standards District acceptable native applications and
Office, as appropriate. If sending information Chris Spangenberg,
Acting Director, System Oversight Division, print-to-PDF, but not in scanned or
directly to the International Section, send it
to the attention of the person identified in Aircraft Certification Service. picture format. For those unable to file
paragraph (j)(2) of this AD. Information may [FR Doc. 2018–25386 Filed 11–21–18; 8:45 am]
electronically, comments may be filed
be emailed to: 9-ANM-116-AMOC- by mail or hand-delivery to: Federal
BILLING CODE 4910–13–P
REQUESTS@faa.gov. Before using any Energy Regulatory Commission,
approved AMOC, notify your appropriate Secretary of the Commission, 888 First
principal inspector, or lacking a principal Street NE, Washington, DC 20426. The
inspector, the manager of the local flight DEPARTMENT OF ENERGY Comment Procedures Section of this
standards district office/certificate holding document contains more detailed filing
district office. Federal Energy Regulatory
(2) Contacting the Manufacturer: For any
procedures.
Commission
requirement in this AD to obtain corrective FOR FURTHER INFORMATION CONTACT:
actions from a manufacturer, the action must 18 CFR Part 35 Noah Lichtenstein (Technical
be accomplished using a method approved Information), Office of Energy Market
by the Manager, International Section, [Docket No. RM19–5–000]
Transport Standards Branch, FAA; or the Regulation, Federal Energy Regulatory
European Aviation Safety Agency (EASA); or Commission, 888 First Street NE,
Public Utility Transmission Rate
Airbus SAS’s EASA Design Organization Washington, DC 20426, (202) 502–
Changes To Address Accumulated
Approval (DOA). If approved by the DOA, 8696, noah.lichtenstein@ferc.gov.
Deferred Income Taxes
the approval must include the DOA- Joshua Walters (Legal Information),
authorized signature. AGENCY: Federal Energy Regulatory Office of the General Counsel, Federal
(3) Required for Compliance (RC): If any Commission, Department of Energy. Energy Regulatory Commission, 888
service information contains procedures or
tests that are identified as RC, those ACTION: Notice of proposed rulemaking. First Street NE, Washington, DC
procedures and tests must be done to comply 20426, (202) 502–6098,
with this AD; any procedures or tests that are SUMMARY: The Federal Energy joshua.walters@ferc.gov.
not identified as RC are recommended. Those Regulatory Commission (Commission) is
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with PROPOSALS1
procedures and tests that are not identified proposing to require all public utility
as RC may be deviated from using accepted transmission providers with Table of Contents
Paragraph
numbers
I. Background ............................................................................................................................................................................................ 7
A. Tax Cuts and Jobs Act .................................................................................................................................................................. 7
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Document Created: 2018-11-27 12:59:06
Document Modified: 2018-11-27 12:59:06
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by January 7, 2019. | |
| Contact | Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218. | |
| FR Citation | 83 FR 59328 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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