Airworthiness Directives; Zodiac Aero Evacuation Systems, 3283-3287 [2018-00951]

Download as PDF 3283 Proposed Rules Federal Register Vol. 83, No. 16 Wednesday, January 24, 2018 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–9392; Product Identifier 2016–NM–003–AD] RIN 2120–AA64 Airworthiness Directives; Zodiac Aero Evacuation Systems Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. AGENCY: daltland on DSKBBV9HB2PROD with PROPOSALS Examining the AD Docket We are revising an earlier proposal for Zodiac Aero Evacuation Systems (formerly known as Air Cruisers) fusible plugs installed on emergency evacuation equipment for various transport category airplanes. This action revises the notice of proposed rulemaking (NPRM) by extending the proposed compliance time, clarifying the applicability, and clarifying certain proposed requirements. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes. DATES: The comment period for the NPRM published in the Federal Register on November 18, 2016 (81 FR 81709), is reopened. We must receive comments on this SNPRM by March 12, 2018. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://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 SUMMARY: VerDate Sep<11>2014 20:23 Jan 23, 2018 Jkt 244001 W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this SNPRM, contact Air Cruisers, 1747 State Route 34, Wall Township, NJ 07727–3935; phone 732–681–3527; email technicalpublications@ zodiacaerospace.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2016– 9392. You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 9392; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this SNPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7318; fax 516–794–5531. 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– 2016–9392; Product Identifier 2016– NM–003–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this SNPRM. We will PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 consider all comments received by the closing date and may amend this SNPRM based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this SNPRM. Discussion We issued an NPRM to amend 14 CFR part 39 by adding an AD that would apply Zodiac Aero Evacuation Systems fusible plugs installed on emergency evacuation equipment for various transport category airplanes. The NPRM published in the Federal Register on November 18, 2016 (81 FR 81709) (‘‘the NPRM’’). The NPRM was prompted by reports indicating that affected fusible plugs activated (vented gas) below the rated temperature. The NPRM proposed to require an inspection of the fusible plugs to determine the part number and lot number, and replacement of all affected fusible plugs. Comments We gave the public the opportunity to participate in developing the NPRM. We considered the comments received. Support for the NPRM One commenter, FedEx, stated no objection to the NPRM. Requests To Withdraw the NPRM Airlines for America (A4A), formerly known as the Air Transport Association of America (ATA), on behalf of its members, requested the NPRM be withdrawn and reissued after the following errors and omissions have been corrected: • Errors in the applicability; • A ‘‘needlessly aggressive’’ compliance time when taken into account with operators’ normal procedures; and • An inadequate cost estimate based on the need to inspect several slides per airplane, and the lack of taking into account the feasibility and safety of inspecting ‘‘on wing,’’ as opposed to inspecting during a shop visit. American Airlines (AA), Air Cruisers, A4A (on behalf of its members), and Delta Air Lines (DAL) commented on the merits of issuing the NPRM. Some noted that operators already have routine maintenance inspections and E:\FR\FM\24JAP1.SGM 24JAP1 3284 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS pre-flight checks in place to evaluate the bottle pressure of emergency evacuation systems on airplanes; therefore, there is little to no risk of the occurrence of the unsafe condition identified in the NPRM. A4A (on behalf of its members) added that, in light of pre-flight cabin inspections and the low potential of carrying a suspect plug, the risk to passenger safety is negligible. Air Cruisers stated it never delivered a shipset of evacuation slides with the suspect fusible plugs since widespread use of the fusible plugs was discontinued years before the suspect batch was produced. We infer that these commenters request that we withdraw the NPRM. We do not agree to withdraw the proposal since the risk assessment determined the failure of the fusible plug to result in an unsafe condition; however, after careful consideration of the commenters’ requests and rationale, data submitted by the manufacturer regarding parts availability, the commenters’ recommended compliance time, and the degree of urgency to address the unsafe condition as determined by the risk assessment, we do agree to clarify the applicability and to extend the compliance time. We address applicability and the compliance time extension in subsequent comment responses. Regarding costs, the estimated costs are per slide and represent performing the actions during scheduled maintenance of the emergency evacuation equipment. Therefore, the cost estimates only account for the work required to replace the fusible plug and do not account for costs associated with getting access to the fusible plug and returning the emergency evacuation equipment to service. Requests To Clarify the Affected Airplanes and Parts Specified in the Proposed AD Several commenters requested that the NPRM be revised to clarify which airplanes and parts are affected. DAL specifically requested that paragraph (c) of the proposed AD (in the NPRM) be revised to specify all airplane models on which the affected fusible plugs are installed. However, DAL did not provide justification for its request. AA requested that the applicability of the proposed AD (in the NPRM) be revised to include all possible inflation systems that have fusible plug part number (P/N) B13984–3 installed. AA noted that the Air Cruisers service information states that in addition to the inflation systems identified in the service information, other inflation VerDate Sep<11>2014 20:23 Jan 23, 2018 Jkt 244001 systems not mentioned in the service information might have fusible plug P/ N B13984–3 installed; therefore, any slide or bottle that has fusible plug P/ N B13984–3 installed should be inspected. In addition, AA indicated that the proposed AD (in the NPRM) should include detailed compliance instructions for evacuation systems not identified in the Air Cruisers service information. AA added that based on its initial research, additional affected components include the aft service door on Boeing Model MD–80 airplanes, and the over-wing escape slides on Airbus Model A319 and A320 airplanes, and Boeing Model 757 airplanes. Cathay Pacific Airways (Cathay) noted that Boeing and Air Cruisers confirmed that the suspect fusible plugs were only installed in the reservoir and valve assemblies having a part number identified in Air Cruisers Service Information Letter (SIL) 25–246, Rev. No. 1, dated February 21, 2014 (‘‘Air Cruisers SIL 25–246, Rev. No. 1’’), and the applicable service bulletins identified in that service information. Air Cruisers noted that the implied scope of the NPRM is too broad, and that an unsafe condition does not exist in emergency equipment other than that identified in the service information issued by Air Cruisers in August and December 2010. Air Cruisers also stated that the inspection of the emergency evacuation equipment (including all inflation valves, reservoir and valve assemblies, and evacuation slides, slides/rafts, and life rafts) specified in paragraph (g) of the proposed AD (in the NPRM) is based on an assumption that fusible plugs are standard components used on all Air Cruisers inflation systems—and that the assumption is incorrect. Air Cruisers explained that many products do not have fusible plugs, and that fusible plugs were only required when certain early generation composite gas reservoirs were used in system design— and those were phased out in the 2003 to 2004 timeframe. We agree to clarify which airplanes and parts are affected. Based upon confirmation of the affected parts and airplanes by Air Cruisers, we have revised paragraph (c) of the proposed AD (in the SNPRM) to specify that the proposed AD would apply to Air Cruisers fusible plugs installed on emergency evacuation equipment identified in the service information specified in paragraphs (c)(1) through (c)(16) of this proposed AD. Therefore, there is no need to include additional compliance instructions for evacuation emergency equipment not identified in PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 the Air Cruisers service information. The service information is described under ‘‘Related Service Information under 1 CFR part 51’’ of this SNPRM. Requests To Extend the Compliance Time Air Cruisers, All Nippon Airways (ANA), Cathay, United Parcel Service (UPS), AA, Airbus, DAL, and A4A (on behalf of its members) requested that the compliance time proposed in paragraph (g) of the proposed AD (in the NPRM) be extended. The commenters stated that the proposed compliance time of 30 days is not adequate because there are several slides on each airplane and additional spare slide assemblies that also need to be inspected. The commenters also noted that the slide assembly has to be unpacked to gain access to the fusible plug for the inspection, and the slide unit would need to be discharged, inspected, repacked, and recertified—whether or not an affected fusible plug was identified. Several of the commenters also mentioned that the repacking and recertification of the slide assemblies must be accomplished by a certified third party vendor. UPS noted that there are few repair facilities that have the capability of testing, repacking, and recertifying emergency evacuation slides, and that an estimated 16,920 inflatable assemblies owned by U.S. operators may need to be inspected. The commenters stated it would not be possible for the repair facilities to accomplish this task within the proposed 30-day compliance time. A4A (on behalf of its members) added that the NPRM did not address the availability of the kits, and that it is unknown as to whether Zodiac can provide the required parts given a 30day compliance time, and requested 48 months. UPS, Cathay, ANA, Airbus, AA, and DAL requested the compliance time be extended so they can accomplish the required actions during a standard overhaul period or next scheduled overhaul of the evacuation system. The extended compliance time requested by the commenters was between 36 to 48 months. The commenters noted there are routine inspections of the pressure of the inflated reservoir assemblies. We agree that the compliance time should be revised. We had intended that the plug replacement occur during regularly scheduled maintenance on the evacuation systems for the majority of affected operators, when the airplanes would be located at a base where necessary special equipment and trained personnel would be readily available. After careful consideration of E:\FR\FM\24JAP1.SGM 24JAP1 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules daltland on DSKBBV9HB2PROD with PROPOSALS the commenters’ requests and rationale, data submitted by the manufacturer regarding parts availability, the commenters’ recommended compliance time, and the degree of urgency to address the unsafe condition, we have determined that extending the compliance time to 42 months will provide an acceptable level of safety. We have revised paragraph (g) of this AD accordingly. Request To Allow Other Methods of Compliance for the Inspection Air Cruisers and ANA requested that operators be allowed to show compliance with the requirements of the proposed AD (in the NPRM) if the actions in the Accomplishment Instructions of the applicable service bulletins identified in Air Cruisers SIL 25–246, Rev. No. 1 have been completed. Air Cruisers stated that it issued the 16 service bulletins identified in the SIL to identify the known systems and inflation valves that might be fitted with the subject fusible plugs from the affected lot numbers. Air Cruisers elaborated that verification of the accomplishment of the actions included in the 16 service bulletins should be sufficient to show compliance with the requirements of the proposed AD. ANA did not provide justification for its request. AA requested that operators be allowed to show compliance with the requirements of the proposed AD (in the NPRM) by a review of maintenance records, without having to provide the lot number of the fusible plug installed. AA noted that although paragraph (g) of the proposed AD (in the NPRM) included a review of maintenance records, that paragraph would require that the part number and lot number be conclusively determined from that review. However, AA stated that a records review is not possible because the lot number is not identified on the maintenance records. We partially agree with the commenters’ requests for the reasons provided by the commenters. We have revised paragraph (g) of the proposed AD (in this SNPRM) to allow a review of maintenance records if that review can conclusively determine that the affected fusible plug was replaced with a part not having P/N B13984–3, and not stamped with Lot PA–21 or PA–22. Request To Allow Other Methods of Compliance for the Replacement Cathay and Air Cruisers requested we allow using the component maintenance manual (CMM) as a method of compliance for the replacement specified in paragraph (g) of the VerDate Sep<11>2014 20:23 Jan 23, 2018 Jkt 244001 proposed AD (in the NPRM). Cathay stated that the vendor service information identified in Air Cruisers SIL 25–246, Rev. No. 1, provides procedures for replacing the affected fusible plugs. The commenter added that the vendor service information has been incorporated into the applicable ‘‘Reservoir and Valve Inflation Assembly’’ CMMs. Air Cruisers noted that the CMMs should be used instead of using the vendor service information. The commenter stated it plans to add information to the CMMs similar to that specified in the service information. We agree with the commenter’s request that the CMM or Air Cruisers SIL 25–246, Rev. No. 1 may also be used to replace the fusible plug. The proposed AD (in the NPRM) already provides allowance for the use of the CMM or Air Cruisers SIL 25–246, Rev. No. 1 to provide guidance for replacing the affected fusible plug as stated in ‘‘Note 1 to paragraph (g) of this AD’’ in the proposed AD (in the NPRM). We have not changed this proposed AD in this regard. Request To Remove the Reporting Requirement ANA, UPS, Air Cruisers, AA, DAL, and A4A (on behalf of its members) requested that the reporting requirement in paragraph (h) of the proposed AD (in the NPRM) be removed. The commenters stated that the Air Cruisers service bulletins identified in Air Cruisers SIL 25–246, Rev. No. 1, do not mention reporting findings, and the operators that have already started replacing the fusible plugs using the information in those Air Cruisers service bulletins did not report their findings to Air Cruisers. DAL noted that the information in the Air Cruisers service bulletins identified in Air Cruisers SIL 25–246, Rev. No. 1, was included in the applicable component maintenance manuals in 2011, which has allowed sufficient time for the escape slide/rafts to have gone through a regular overhaul at least once. Any fusible plugs from the defective lots would have been removed and scrapped, but would not have been reported because the Air Cruisers service bulletins did not mention reporting. We agree with the commenters’ request. We have removed the reporting requirement from this proposed AD. Related Service Information Under 1 CFR Part 51 We reviewed the following Air Cruisers service information. The service information identifies the PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 3285 affected fusible plugs. In addition, it describes procedures for inspecting and replacing affected fusible plugs. These documents are distinct since they apply to different airplane models or configurations. • Air Cruisers Service Bulletin 737 103–25–50, dated August 27, 2010. • Air Cruisers Service Bulletin 757 105–25–80, dated August 27, 2010. • Air Cruisers Service Bulletin 757 105–25–81, dated August 27, 2010. • Air Cruisers Service Bulletin 767 106–25–10, Rev. No. 1, dated October 15, 2010. • Air Cruisers Service Bulletin 777 107–25–29, Rev. No. 1, dated July 8, 2011. • Air Cruisers Service Bulletin A300/ A310 001–25–19, dated August 27, 2010. • Air Cruisers Service Bulletin A300/ A310 003–25–33, dated August 27, 2010. • Air Cruisers Service Bulletin A310 002–25–08, dated August 27, 2010. • Air Cruisers Service Bulletin A320 004–25–87, Rev. No. 2, dated January 7, 2011. • Air Cruisers Service Bulletin A321 005–25–21, dated August 27, 2010. • Air Cruisers Service Bulletin BAe146 201–25–23, dated December 10, 2010. • Air Cruisers Service Bulletin F28 352–25–02, dated December 10, 2010. • Air Cruisers Service Bulletin F100 351–25–07, dated December 10, 2010. • Air Cruisers Service Bulletin Liferaft 35–25–79, dated August 27, 2010. • Air Cruisers Service Bulletin MD11 305–25–35, dated August 27, 2010. • Air Cruisers Service Bulletin MD80/ 90/717 304–25–45, dated August 27, 2010. • Air Cruisers Service Information Letter 25–246, Rev. No. 1, dated February 21, 2014. 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 We are proposing this SNPRM because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. E:\FR\FM\24JAP1.SGM 24JAP1 3286 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules Proposed Requirements of This SNPRM This SNPRM would require an inspection of the fusible plugs to determine the part number and lot number, and replacement of all affected fusible plugs. Costs of Compliance We estimate that this proposed AD affects 3,384 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action Labor cost Determining part and lot number .................... 1 work-hour × $85 per hour = $85 ................. We estimate the following costs per slide to do any necessary replacement of the fusible plug that would be required Cost per product Parts cost based on the results of the proposed inspection. We have no way of $0 Cost on U.S. operators $85 $287,640 determining the number of aircraft that might need these replacements: ON-CONDITION COST Action Labor cost Parts cost Replacing ................................................. 1 work-hour × $85 per hour = $85 .......... Not available ............................................ According to the manufacturer, some 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 available costs in our cost estimate. daltland on DSKBBV9HB2PROD with PROPOSALS Cost per product 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 VerDate Sep<11>2014 20:23 Jan 23, 2018 Jkt 244001 issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. 1. The authority citation for part 39 continues to read as follows: 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: Frm 00004 Fmt 4702 PART 39—AIRWORTHINESS DIRECTIVES ■ Regulatory Findings PO 00000 $85 Sfmt 4702 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Zodiac Aero Evacuation Systems: Docket No. FAA–2016–9392; Product Identifier 2016–NM–003–AD. (a) Comments Due Date We must receive comments by March 12, 2018. (b) Affected ADs None. (c) Applicability This AD applies to Zodiac Aero Evacuation Systems fusible plugs installed on emergency evacuation equipment identified in the service information specified in paragraphs (c)(1) through (c)(16) of this AD. These affected fusible plugs might be installed on the emergency evacuation equipment of the following manufacturers’ airplanes: Airbus, The Boeing Company, BAE Systems (Operations) Limited, and Fokker Services B.V. (1) Air Cruisers Service Bulletin 737 103– 25–50, dated August 27, 2010. (2) Air Cruisers Service Bulletin 757 105– 25–80, dated August 27, 2010. (3) Air Cruisers Service Bulletin 757 105– 25–81, dated August 27, 2010. (4) Air Cruisers Service Bulletin 767 106– 25–10, Rev. No. 1, dated October 15, 2010. (5) Air Cruisers Service Bulletin 777 107– 25–29, Rev. No. 1, dated July 8, 2011. (6) Air Cruisers Service Bulletin A300/ A310 001–25–19, dated August 27, 2010. E:\FR\FM\24JAP1.SGM 24JAP1 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules (7) Air Cruisers Service Bulletin A300/ A310 003–25–33, dated August 27, 2010. (8) Air Cruisers Service Bulletin A310 002– 25–08, dated August 27, 2010. (9) Air Cruisers Service Bulletin A320 004– 25–87, Rev. No. 2, dated January 7, 2011. (10) Air Cruisers Service Bulletin A321 005–25–21, dated August 27, 2010. (11) Air Cruisers Service Bulletin BAe146 201–25–23, dated December 10, 2010. (12) Air Cruisers Service Bulletin F28 352– 25–02, dated December 10, 2010. (13) Air Cruisers Service Bulletin F100 351–25–07, dated December 10, 2010. (14) Air Cruisers Service Bulletin Liferaft 35–25–79, dated August 27, 2010. (15) Air Cruisers Service Bulletin MD11 305–25–35, dated August 27, 2010. (16) Air Cruisers Service Bulletin MD80/ 90/717 304–25–45, dated August 27, 2010. (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/furnishings. (e) Unsafe Condition This AD was prompted by reports indicating that affected fusible plugs activated (vented gas) below the rated temperature. We are issuing this AD to detect and replace fusible plugs that might activate below the rated temperature, which renders the evacuation system unusable. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Fusible Plug Identification Within 42 months after the effective date of this AD, do an inspection to determine if any fusible plug has part number (P/N) B13984–3, stamped with Lot PA–21 or PA– 22. A review of the airplane maintenance records is acceptable to make this determination if it can be conclusively determined from that review that a part not having P/N B13984–3, stamped with Lot PA– 21 or PA–22, has been installed. daltland on DSKBBV9HB2PROD with PROPOSALS (h) Replacement of Affected Fusible Plug If, during the inspection or records review required by paragraph (g) of this AD, it is determined that any fusible plug has part number (P/N) B13984–3, stamped with Lot PA–21 or PA–22: Before further flight, replace that fusible plug with a new part that does not have P/N B13984–3, stamped with Lot PA–21 or PA–22. Note 1 to paragraph (h) of this AD: Guidance can be found in the applicable component maintenance manual (CMM) for the replacement. In addition, Air Cruisers Service Information Letter 25–246, Rev. No. 1, dated February 21, 2014, provides information regarding affected fusible plugs and guidance on the replacement. (i) Parts Installation Prohibition As of the effective date of this AD, no person may install on any airplane any fusible plug having P/N B13984–3, stamped with Lot PA–21 or PA–22. VerDate Sep<11>2014 20:23 Jan 23, 2018 Jkt 244001 (j) Alternative Methods of Compliance (AMOCs) (1) 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 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. (2) 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. (k) Related Information (1) For more information about this AD, contact Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7318; fax 516–794–5531. (2) For service information identified in this AD, contact Air Cruisers, 1747 State Route 34, Wall Township, NJ 07727–3935; phone 732–681–3527; email technicalpublications@zodiacaerospace.com. You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on January 5, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–00951 Filed 1–23–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0967; Product Identifier 2017–NE–35–AD] RIN 2120–AA64 Airworthiness Directives; GE Aviation Czech s.r.o. Turboprop Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for GE Aviation Czech s.r.o. M601D–11, M601E–11, M601E–11A, M601E–11AS, M601E–11S, M601F, H80, H80–100, H80–200, H75–100, H75–200, H85–100, and H85–200 turboprop engines. This proposed AD was prompted by a review SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 3287 by the manufacturer that identified the possibility of a power turbine (PT) rotor overspeed and the uncontained release of PT blades. This proposed AD would require installing a modified engine outlet system. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this NPRM by March 12, 2018. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 202–493–2251. For service information identified in this proposed AD, contact GE Aviation ´ Czech s.r.o., Beranovych 65, 199 02 ˇ Praha 9—Letnany, Czech Republic; phone: +420 222 538 111; fax: +420 222 538 222. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7759. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0967; 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 proposed AD, the mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations (phone: 800–647–5527) is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781– 238–7754; fax: 781–238–7199; email: robert.green@faa.gov. 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 E:\FR\FM\24JAP1.SGM 24JAP1

Agencies

[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)]
[Proposed Rules]
[Pages 3283-3287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00951]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / 
Proposed Rules

[[Page 3283]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9392; Product Identifier 2016-NM-003-AD]
RIN 2120-AA64


Airworthiness Directives; Zodiac Aero Evacuation Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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SUMMARY: We are revising an earlier proposal for Zodiac Aero Evacuation 
Systems (formerly known as Air Cruisers) fusible plugs installed on 
emergency evacuation equipment for various transport category 
airplanes. This action revises the notice of proposed rulemaking (NPRM) 
by extending the proposed compliance time, clarifying the 
applicability, and clarifying certain proposed requirements. We are 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions would impose an 
additional burden over those in the NPRM, we are reopening the comment 
period to allow the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on November 18, 2016 (81 FR 81709), is reopened.
    We must receive comments on this SNPRM by March 12, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Air 
Cruisers, 1747 State Route 34, Wall Township, NJ 07727-3935; phone 732-
681-3527; email [email protected]. You may view 
this referenced service information at the FAA, Transport Standards 
Branch, 1601 Lind Avenue SW, Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9392.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9392; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this SNPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office 
(telephone: 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7318; 
fax 516-794-5531.

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-2016-9392; 
Product Identifier 2016-NM-003-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM based on 
those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply Zodiac Aero Evacuation Systems fusible plugs installed on 
emergency evacuation equipment for various transport category 
airplanes. The NPRM published in the Federal Register on November 18, 
2016 (81 FR 81709) (``the NPRM''). The NPRM was prompted by reports 
indicating that affected fusible plugs activated (vented gas) below the 
rated temperature. The NPRM proposed to require an inspection of the 
fusible plugs to determine the part number and lot number, and 
replacement of all affected fusible plugs.

Comments

    We gave the public the opportunity to participate in developing the 
NPRM. We considered the comments received.

Support for the NPRM

    One commenter, FedEx, stated no objection to the NPRM.

Requests To Withdraw the NPRM

    Airlines for America (A4A), formerly known as the Air Transport 
Association of America (ATA), on behalf of its members, requested the 
NPRM be withdrawn and reissued after the following errors and omissions 
have been corrected:
     Errors in the applicability;
     A ``needlessly aggressive'' compliance time when taken 
into account with operators' normal procedures; and
     An inadequate cost estimate based on the need to inspect 
several slides per airplane, and the lack of taking into account the 
feasibility and safety of inspecting ``on wing,'' as opposed to 
inspecting during a shop visit.
    American Airlines (AA), Air Cruisers, A4A (on behalf of its 
members), and Delta Air Lines (DAL) commented on the merits of issuing 
the NPRM. Some noted that operators already have routine maintenance 
inspections and

[[Page 3284]]

pre-flight checks in place to evaluate the bottle pressure of emergency 
evacuation systems on airplanes; therefore, there is little to no risk 
of the occurrence of the unsafe condition identified in the NPRM.
    A4A (on behalf of its members) added that, in light of pre-flight 
cabin inspections and the low potential of carrying a suspect plug, the 
risk to passenger safety is negligible. Air Cruisers stated it never 
delivered a shipset of evacuation slides with the suspect fusible plugs 
since widespread use of the fusible plugs was discontinued years before 
the suspect batch was produced.
    We infer that these commenters request that we withdraw the NPRM. 
We do not agree to withdraw the proposal since the risk assessment 
determined the failure of the fusible plug to result in an unsafe 
condition; however, after careful consideration of the commenters' 
requests and rationale, data submitted by the manufacturer regarding 
parts availability, the commenters' recommended compliance time, and 
the degree of urgency to address the unsafe condition as determined by 
the risk assessment, we do agree to clarify the applicability and to 
extend the compliance time. We address applicability and the compliance 
time extension in subsequent comment responses. Regarding costs, the 
estimated costs are per slide and represent performing the actions 
during scheduled maintenance of the emergency evacuation equipment. 
Therefore, the cost estimates only account for the work required to 
replace the fusible plug and do not account for costs associated with 
getting access to the fusible plug and returning the emergency 
evacuation equipment to service.

Requests To Clarify the Affected Airplanes and Parts Specified in the 
Proposed AD

    Several commenters requested that the NPRM be revised to clarify 
which airplanes and parts are affected. DAL specifically requested that 
paragraph (c) of the proposed AD (in the NPRM) be revised to specify 
all airplane models on which the affected fusible plugs are installed. 
However, DAL did not provide justification for its request.
    AA requested that the applicability of the proposed AD (in the 
NPRM) be revised to include all possible inflation systems that have 
fusible plug part number (P/N) B13984-3 installed. AA noted that the 
Air Cruisers service information states that in addition to the 
inflation systems identified in the service information, other 
inflation systems not mentioned in the service information might have 
fusible plug P/N B13984-3 installed; therefore, any slide or bottle 
that has fusible plug P/N B13984-3 installed should be inspected. In 
addition, AA indicated that the proposed AD (in the NPRM) should 
include detailed compliance instructions for evacuation systems not 
identified in the Air Cruisers service information.
    AA added that based on its initial research, additional affected 
components include the aft service door on Boeing Model MD-80 
airplanes, and the over-wing escape slides on Airbus Model A319 and 
A320 airplanes, and Boeing Model 757 airplanes.
    Cathay Pacific Airways (Cathay) noted that Boeing and Air Cruisers 
confirmed that the suspect fusible plugs were only installed in the 
reservoir and valve assemblies having a part number identified in Air 
Cruisers Service Information Letter (SIL) 25-246, Rev. No. 1, dated 
February 21, 2014 (``Air Cruisers SIL 25-246, Rev. No. 1''), and the 
applicable service bulletins identified in that service information.
    Air Cruisers noted that the implied scope of the NPRM is too broad, 
and that an unsafe condition does not exist in emergency equipment 
other than that identified in the service information issued by Air 
Cruisers in August and December 2010.
    Air Cruisers also stated that the inspection of the emergency 
evacuation equipment (including all inflation valves, reservoir and 
valve assemblies, and evacuation slides, slides/rafts, and life rafts) 
specified in paragraph (g) of the proposed AD (in the NPRM) is based on 
an assumption that fusible plugs are standard components used on all 
Air Cruisers inflation systems--and that the assumption is incorrect. 
Air Cruisers explained that many products do not have fusible plugs, 
and that fusible plugs were only required when certain early generation 
composite gas reservoirs were used in system design--and those were 
phased out in the 2003 to 2004 timeframe.
    We agree to clarify which airplanes and parts are affected. Based 
upon confirmation of the affected parts and airplanes by Air Cruisers, 
we have revised paragraph (c) of the proposed AD (in the SNPRM) to 
specify that the proposed AD would apply to Air Cruisers fusible plugs 
installed on emergency evacuation equipment identified in the service 
information specified in paragraphs (c)(1) through (c)(16) of this 
proposed AD. Therefore, there is no need to include additional 
compliance instructions for evacuation emergency equipment not 
identified in the Air Cruisers service information. The service 
information is described under ``Related Service Information under 1 
CFR part 51'' of this SNPRM.

Requests To Extend the Compliance Time

    Air Cruisers, All Nippon Airways (ANA), Cathay, United Parcel 
Service (UPS), AA, Airbus, DAL, and A4A (on behalf of its members) 
requested that the compliance time proposed in paragraph (g) of the 
proposed AD (in the NPRM) be extended. The commenters stated that the 
proposed compliance time of 30 days is not adequate because there are 
several slides on each airplane and additional spare slide assemblies 
that also need to be inspected. The commenters also noted that the 
slide assembly has to be unpacked to gain access to the fusible plug 
for the inspection, and the slide unit would need to be discharged, 
inspected, repacked, and recertified--whether or not an affected 
fusible plug was identified.
    Several of the commenters also mentioned that the repacking and 
recertification of the slide assemblies must be accomplished by a 
certified third party vendor. UPS noted that there are few repair 
facilities that have the capability of testing, repacking, and 
recertifying emergency evacuation slides, and that an estimated 16,920 
inflatable assemblies owned by U.S. operators may need to be inspected. 
The commenters stated it would not be possible for the repair 
facilities to accomplish this task within the proposed 30-day 
compliance time.
    A4A (on behalf of its members) added that the NPRM did not address 
the availability of the kits, and that it is unknown as to whether 
Zodiac can provide the required parts given a 30-day compliance time, 
and requested 48 months. UPS, Cathay, ANA, Airbus, AA, and DAL 
requested the compliance time be extended so they can accomplish the 
required actions during a standard overhaul period or next scheduled 
overhaul of the evacuation system. The extended compliance time 
requested by the commenters was between 36 to 48 months. The commenters 
noted there are routine inspections of the pressure of the inflated 
reservoir assemblies.
    We agree that the compliance time should be revised. We had 
intended that the plug replacement occur during regularly scheduled 
maintenance on the evacuation systems for the majority of affected 
operators, when the airplanes would be located at a base where 
necessary special equipment and trained personnel would be readily 
available. After careful consideration of

[[Page 3285]]

the commenters' requests and rationale, data submitted by the 
manufacturer regarding parts availability, the commenters' recommended 
compliance time, and the degree of urgency to address the unsafe 
condition, we have determined that extending the compliance time to 42 
months will provide an acceptable level of safety. We have revised 
paragraph (g) of this AD accordingly.

Request To Allow Other Methods of Compliance for the Inspection

    Air Cruisers and ANA requested that operators be allowed to show 
compliance with the requirements of the proposed AD (in the NPRM) if 
the actions in the Accomplishment Instructions of the applicable 
service bulletins identified in Air Cruisers SIL 25-246, Rev. No. 1 
have been completed. Air Cruisers stated that it issued the 16 service 
bulletins identified in the SIL to identify the known systems and 
inflation valves that might be fitted with the subject fusible plugs 
from the affected lot numbers. Air Cruisers elaborated that 
verification of the accomplishment of the actions included in the 16 
service bulletins should be sufficient to show compliance with the 
requirements of the proposed AD. ANA did not provide justification for 
its request.
    AA requested that operators be allowed to show compliance with the 
requirements of the proposed AD (in the NPRM) by a review of 
maintenance records, without having to provide the lot number of the 
fusible plug installed. AA noted that although paragraph (g) of the 
proposed AD (in the NPRM) included a review of maintenance records, 
that paragraph would require that the part number and lot number be 
conclusively determined from that review. However, AA stated that a 
records review is not possible because the lot number is not identified 
on the maintenance records.
    We partially agree with the commenters' requests for the reasons 
provided by the commenters. We have revised paragraph (g) of the 
proposed AD (in this SNPRM) to allow a review of maintenance records if 
that review can conclusively determine that the affected fusible plug 
was replaced with a part not having P/N B13984-3, and not stamped with 
Lot PA-21 or PA-22.

Request To Allow Other Methods of Compliance for the Replacement

    Cathay and Air Cruisers requested we allow using the component 
maintenance manual (CMM) as a method of compliance for the replacement 
specified in paragraph (g) of the proposed AD (in the NPRM). Cathay 
stated that the vendor service information identified in Air Cruisers 
SIL 25-246, Rev. No. 1, provides procedures for replacing the affected 
fusible plugs. The commenter added that the vendor service information 
has been incorporated into the applicable ``Reservoir and Valve 
Inflation Assembly'' CMMs.
    Air Cruisers noted that the CMMs should be used instead of using 
the vendor service information. The commenter stated it plans to add 
information to the CMMs similar to that specified in the service 
information.
    We agree with the commenter's request that the CMM or Air Cruisers 
SIL 25-246, Rev. No. 1 may also be used to replace the fusible plug. 
The proposed AD (in the NPRM) already provides allowance for the use of 
the CMM or Air Cruisers SIL 25-246, Rev. No. 1 to provide guidance for 
replacing the affected fusible plug as stated in ``Note 1 to paragraph 
(g) of this AD'' in the proposed AD (in the NPRM). We have not changed 
this proposed AD in this regard.

Request To Remove the Reporting Requirement

    ANA, UPS, Air Cruisers, AA, DAL, and A4A (on behalf of its members) 
requested that the reporting requirement in paragraph (h) of the 
proposed AD (in the NPRM) be removed. The commenters stated that the 
Air Cruisers service bulletins identified in Air Cruisers SIL 25-246, 
Rev. No. 1, do not mention reporting findings, and the operators that 
have already started replacing the fusible plugs using the information 
in those Air Cruisers service bulletins did not report their findings 
to Air Cruisers. DAL noted that the information in the Air Cruisers 
service bulletins identified in Air Cruisers SIL 25-246, Rev. No. 1, 
was included in the applicable component maintenance manuals in 2011, 
which has allowed sufficient time for the escape slide/rafts to have 
gone through a regular overhaul at least once. Any fusible plugs from 
the defective lots would have been removed and scrapped, but would not 
have been reported because the Air Cruisers service bulletins did not 
mention reporting.
    We agree with the commenters' request. We have removed the 
reporting requirement from this proposed AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Air Cruisers service information. The 
service information identifies the affected fusible plugs. In addition, 
it describes procedures for inspecting and replacing affected fusible 
plugs. These documents are distinct since they apply to different 
airplane models or configurations.
     Air Cruisers Service Bulletin 737 103-25-50, dated August 
27, 2010.
     Air Cruisers Service Bulletin 757 105-25-80, dated August 
27, 2010.
     Air Cruisers Service Bulletin 757 105-25-81, dated August 
27, 2010.
     Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1, 
dated October 15, 2010.
     Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1, 
dated July 8, 2011.
     Air Cruisers Service Bulletin A300/A310 001-25-19, dated 
August 27, 2010.
     Air Cruisers Service Bulletin A300/A310 003-25-33, dated 
August 27, 2010.
     Air Cruisers Service Bulletin A310 002-25-08, dated August 
27, 2010.
     Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2, 
dated January 7, 2011.
     Air Cruisers Service Bulletin A321 005-25-21, dated August 
27, 2010.
     Air Cruisers Service Bulletin BAe146 201-25-23, dated 
December 10, 2010.
     Air Cruisers Service Bulletin F28 352-25-02, dated 
December 10, 2010.
     Air Cruisers Service Bulletin F100 351-25-07, dated 
December 10, 2010.
     Air Cruisers Service Bulletin Liferaft 35-25-79, dated 
August 27, 2010.
     Air Cruisers Service Bulletin MD11 305-25-35, dated August 
27, 2010.
     Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated 
August 27, 2010.
     Air Cruisers Service Information Letter 25-246, Rev. No. 
1, dated February 21, 2014.
    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

    We are proposing this SNPRM because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

[[Page 3286]]

Proposed Requirements of This SNPRM

    This SNPRM would require an inspection of the fusible plugs to 
determine the part number and lot number, and replacement of all 
affected fusible plugs.

Costs of Compliance

    We estimate that this proposed AD affects 3,384 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Determining part and lot number.......  1 work-hour x $85 per                 $0             $85        $287,640
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs per slide to do any necessary 
replacement of the fusible plug that would be required based on the 
results of the proposed inspection. We have no way of determining the 
number of aircraft that might need these replacements:

                                                On-Condition Cost
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Replacing...............................  1 work-hour x $85 per hour  Not available.............             $85
                                           = $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some 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 available 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):

Zodiac Aero Evacuation Systems: Docket No. FAA-2016-9392; Product 
Identifier 2016-NM-003-AD.

(a) Comments Due Date

    We must receive comments by March 12, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Zodiac Aero Evacuation Systems fusible plugs 
installed on emergency evacuation equipment identified in the 
service information specified in paragraphs (c)(1) through (c)(16) 
of this AD. These affected fusible plugs might be installed on the 
emergency evacuation equipment of the following manufacturers' 
airplanes: Airbus, The Boeing Company, BAE Systems (Operations) 
Limited, and Fokker Services B.V.
    (1) Air Cruisers Service Bulletin 737 103-25-50, dated August 
27, 2010.
    (2) Air Cruisers Service Bulletin 757 105-25-80, dated August 
27, 2010.
    (3) Air Cruisers Service Bulletin 757 105-25-81, dated August 
27, 2010.
    (4) Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1, 
dated October 15, 2010.
    (5) Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1, 
dated July 8, 2011.
    (6) Air Cruisers Service Bulletin A300/A310 001-25-19, dated 
August 27, 2010.

[[Page 3287]]

    (7) Air Cruisers Service Bulletin A300/A310 003-25-33, dated 
August 27, 2010.
    (8) Air Cruisers Service Bulletin A310 002-25-08, dated August 
27, 2010.
    (9) Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2, 
dated January 7, 2011.
    (10) Air Cruisers Service Bulletin A321 005-25-21, dated August 
27, 2010.
    (11) Air Cruisers Service Bulletin BAe146 201-25-23, dated 
December 10, 2010.
    (12) Air Cruisers Service Bulletin F28 352-25-02, dated December 
10, 2010.
    (13) Air Cruisers Service Bulletin F100 351-25-07, dated 
December 10, 2010.
    (14) Air Cruisers Service Bulletin Liferaft 35-25-79, dated 
August 27, 2010.
    (15) Air Cruisers Service Bulletin MD11 305-25-35, dated August 
27, 2010.
    (16) Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated 
August 27, 2010.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports indicating that affected fusible 
plugs activated (vented gas) below the rated temperature. We are 
issuing this AD to detect and replace fusible plugs that might 
activate below the rated temperature, which renders the evacuation 
system unusable.

(f) Compliance

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

(g) Fusible Plug Identification

    Within 42 months after the effective date of this AD, do an 
inspection to determine if any fusible plug has part number (P/N) 
B13984-3, stamped with Lot PA-21 or PA-22. A review of the airplane 
maintenance records is acceptable to make this determination if it 
can be conclusively determined from that review that a part not 
having P/N B13984-3, stamped with Lot PA-21 or PA-22, has been 
installed.

(h) Replacement of Affected Fusible Plug

    If, during the inspection or records review required by 
paragraph (g) of this AD, it is determined that any fusible plug has 
part number (P/N) B13984-3, stamped with Lot PA-21 or PA-22: Before 
further flight, replace that fusible plug with a new part that does 
not have P/N B13984-3, stamped with Lot PA-21 or PA-22.
    Note 1 to paragraph (h) of this AD: Guidance can be found in the 
applicable component maintenance manual (CMM) for the replacement. 
In addition, Air Cruisers Service Information Letter 25-246, Rev. 
No. 1, dated February 21, 2014, provides information regarding 
affected fusible plugs and guidance on the replacement.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane any fusible plug having P/N B13984-3, stamped with Lot 
PA-21 or PA-22.

(j) Alternative Methods of Compliance (AMOCs)

    (1) 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 
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.
    (2) 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.

(k) Related Information

    (1) For more information about this AD, contact Cesar Gomez, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7318; fax 516-794-5531.
    (2) For service information identified in this AD, contact Air 
Cruisers, 1747 State Route 34, Wall Township, NJ 07727-3935; phone 
732-681-3527; email [email protected]. You 
may view this service information at the FAA, Transport Standards 
Branch, 1601 Lind Avenue SW, Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on January 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00951 Filed 1-23-18; 8:45 am]
 BILLING CODE 4910-13-P
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