Airworthiness Directives; Airbus Airplanes, 13885-13888 [2018-06590]
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Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules
that is likely to exist or develop on
products identified in this rulemaking
action.
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, 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 to the extent that it justifies
making a regulatory distinction; 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.
We prepared an economic evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2013–21–05, Amendment 39–17629 (78
FR 65169, October 31, 2013), and
adding the following new AD:
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■
Airbus Helicopters Deutschland GmbH
(Previously Eurocopter Deutschland
GmbH): Docket No. FAA–2013–0446;
Product Identifier 2010–SW–007–AD.
(a) Applicability
This AD applies to Model EC135 P1, P2,
P2+, T1, T2, and T2+ helicopters, with
bearing, part number (P/N) LN9367GE6N2;
rod, P/N L671M5040205; lever, P/N
L671M5040101; and floor, P/N
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13885
L533M1014101, L533M1014102,
L533M1014103, L533M1014104,
L533M1014105 or L533M1014106, installed,
certificated in any category.
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(b) Unsafe Condition
This AD defines the unsafe condition as
limited control of a tail rotor because of the
binding of a bearing. This condition could
result in subsequent loss of control of the
helicopter.
(h) Additional Information
(1) Airbus Helicopters Alert Service
Bulletin No. EC135–67A–012, Revision 2,
dated April 3, 2017, which is not
incorporated by reference, contains
additional information about the subject of
this AD. For service information identified in
this AD, contact Airbus Helicopters, 2701 N.
Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–0323;
fax (972) 641–3775; or at https://
www.helicopters.airbus.com/website/en/ref/
Technical-Supportl73.html. You may
review the referenced service information at
the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2006–0318R2, dated April 25, 2017. You
may view the EASA AD on the internet at
https://www.regulations.gov in the AD Docket.
(c) Affected ADs
This AD replaces AD 2013–21–05,
Amendment 39–17629 (78 FR 65169, October
31, 2013).
(d) Comments Due Date
We must receive comments by June 1,
2018.
(e) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Actions
(1) Within 100 hours time-in-service (TIS),
inspect each bearing for freedom of
movement by turning and tilting the bearing
as depicted in Figure 2 of Eurocopter Alert
Service Bulletin No. EC135–67A–012,
Revision 1, dated October 18, 2006 (ASB).
During any inspection:
(i) If there is binding or rough turning,
before further flight, replace the bearing with
an airworthy bearing.
(ii) If there is chafing on the lower side of
the floor that does not extend through the
panel outer layer, before further flight,
replace the bearing with an airworthy
bearing.
(iii) If there is damage on the lower side
of the floor in the area of the assembly
opening that extends through the panel outer
layer (revealing an open honeycomb cell or
layer), before further flight, replace the
bearing with an airworthy bearing and repair
the floor.
(2) After performing the actions in
paragraphs (f)(1)(i) through (iii) of this AD,
before further flight, install a Teflon strip and
identify the floor by following the
Accomplishment Instructions, paragraphs
3.E.(1) through 3.E.(4), of the ASB.
(3) Within 100 hours TIS, modify and reidentify the rod as depicted in Figure 1 of the
ASB and by following the Accomplishment
Instructions, paragraphs 3.H.(1) through
3.H.(3)(f), of the ASB.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Section, FAA, may approve AMOCs for this
AD. Send your proposal to: Matt Fuller,
Senior Aviation Safety Engineer, Safety
Management Section, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222–5110;
email 9-ASW-FTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
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(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6720, Tail Rotor Control System.
Issued in Fort Worth, Texas, on March 23,
2018.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018–06448 Filed 3–30–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0168; Product
Identifier 2017–NM–135–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Airbus Model A318, A319, and A320
series airplanes, and Model A321–111,
–112, –131, –211, –212, –213, –231,
–232, –251N, –253N, and –271N
airplanes. This proposed AD was
prompted by a revision of an
airworthiness limitations document that
specifies more restrictive maintenance
requirements and airworthiness
limitations. This proposed AD would
require revising the maintenance or
inspection program, as applicable, to
SUMMARY:
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Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules
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incorporate the specified maintenance
requirements and airworthiness
limitations. We are proposing this AD to
address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by May 17, 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: 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,
Airworthiness Office—EIAS, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
internet https://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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0168; 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 NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
800–647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
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FAA–2018–0168; Product Identifier
2017–NM–135–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 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 NPRM.
Relationship of Proposed AD to AD
2017–19–24
Discussion
Airbus has issued Airbus A318/A319/
A320/A321 Airworthiness Limitations
Section (ALS) Part 4, ‘‘System
Equipment Maintenance Requirements
(SEMR),’’ Revision 05, dated April 6,
2017. This service information describes
preventive maintenance requirements
and includes updated inspections and
intervals to be incorporated into the
maintenance or inspection program.
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.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2017–0170, dated September
7, 2017 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Model A318, A319, and A320 series
airplanes, and Model A321–111, –112,
–131, –211, –212, –213, –231, –232,
–251N, –253N, and –271N airplanes.
The MCAI states:
The System Equipment Maintenance
Requirements (SEMR) for Airbus A320 family
aeroplanes, which are approved by EASA,
are currently defined and published in the
Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part
4 document. These instructions have been
identified as mandatory for continued
airworthiness.
Failure to accomplish these instructions
could result in an unsafe condition.
Previously, EASA issued AD 2016–0093
[which corresponds to FAA AD 2017–19–24,
Amendment 39–19054 (82 FR 44900,
September 27, 2017) (‘‘AD 2017–19–24’’)] to
require accomplishment of all maintenance
tasks as described in ALS Part 4 at Revision
03. ALS Part 4 Revision 04 was not mandated
because no significant changes were
introduced with this Revision. The new ALS
Part 4 Revision 05 (hereafter referred to as
‘the ALS’ in this [EASA] AD) includes new
and/or more restrictive requirements and
extends the applicability to model A320–
251N, A320–271N, A321–251N, A321–253N
and A321–271N aeroplanes.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2016–0093, which is superseded, and
requires accomplishment of all tasks as
described in the ALS.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0168.
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This NPRM would not supersede AD
2017–19–24. Rather, we have
determined that a stand-alone AD
would be more appropriate to address
the changes in the MCAI. This NPRM
would require revising the maintenance
or inspection program to incorporate the
new maintenance requirements and
airworthiness limitations.
Accomplishment of the proposed
actions would then terminate all of the
requirements of AD 2017–19–24.
Related Service Information Under
1 CFR Part 51
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of these same
type designs.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (j)(1) of this proposed AD.
The request should include a
description of changes to the required
actions that will ensure the continued
operational safety of the airplane.
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Differences Between This Proposed AD
and the MCAI or Service Information
The MCAI specifies that if there are
findings from the ALS inspection tasks,
corrective actions must be accomplished
in accordance with Airbus maintenance
documentation. However, this proposed
AD does not include that requirement.
Operators of U.S.-registered airplanes
are required by general airworthiness
and operational regulations to perform
maintenance using methods that are
acceptable to the FAA. We consider
those methods to be adequate to address
any corrective actions necessitated by
the findings of ALS inspections required
by this proposed AD.
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Airworthiness Limitations Based on
Type Design
The FAA recently became aware of an
issue related to the applicability of ADs
that require incorporation of an ALS
revision into an operator’s maintenance
or inspection program.
Typically, when these types of ADs
are issued by civil aviation authorities
of other countries, they apply to all
airplanes covered under an identified
type certificate (TC). The corresponding
FAA AD typically retains applicability
to all of those airplanes.
In addition, U.S. operators must
operate their airplanes in an airworthy
condition, in accordance with 14 CFR
91.7(a). Included in this obligation is the
requirement to perform any
maintenance or inspections specified in
the ALS, and in accordance with the
ALS as specified in 14 CFR 43.16 and
91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for
a type design, the specific ALS,
including revisions, is a part of that type
design, as specified in 14 CFR 21.31(c).
The sum effect of these operational
and maintenance requirements is an
obligation to comply with the ALS
defined in the type design referenced in
the manufacturer’s conformity
statement. This obligation may
introduce a conflict with an AD that
requires a specific ALS revision if new
airplanes are delivered with a later
revision as part of their type design.
To address this conflict, the FAA has
approved alternative methods of
compliance (AMOCs) that allow
operators to incorporate the most recent
ALS revision into their maintenance/
inspection programs, in lieu of the ALS
revision required by the AD. This
eliminates the conflict and enables the
operator to comply with both the AD
and the type design.
However, compliance with AMOCs is
normally optional, and we recently
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became aware that some operators
choose to retain the AD-mandated ALS
revision in their fleet-wide
maintenance/inspection programs,
including those for new airplanes
delivered with later ALS revisions, to
help standardize the maintenance of the
fleet. To ensure that operators comply
with the applicable ALS revision for
newly delivered airplanes containing a
later revision than that specified in an
AD, we plan to limit the applicability of
ADs that mandate ALS revisions to
those airplanes that are subject to an
earlier revision of the ALS, either as part
of the type design or as mandated by an
earlier AD. This proposed AD therefore
would apply to Airbus Model A318,
A319, and A320 series airplanes, and
Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –253N,
and –271N airplanes with an original
certificate of airworthiness or original
export certificate of airworthiness that
was issued on or before the date of
approval of the ALS revision identified
in this proposed AD. Operators of
airplanes with an original certificate of
airworthiness or original export
certificate of airworthiness issued after
that date must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet.
Costs of Compliance
We estimate that this proposed AD
affects 1,133 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
We have determined that revising the
maintenance or inspection program
takes an average of 90 work-hours per
operator, although this figure may vary
from operator to operator. In the past,
we have estimated that this action takes
1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), we have determined
that a per-operator estimate is more
accurate than a per-airplane estimate.
Therefore, we estimate the total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
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13887
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Proposed Rules
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus: Docket No. FAA–2018–0168; Product
Identifier 2017–NM–135–AD.
(a) Comments Due Date
We must receive comments by May 17,
2018.
Accomplishing the actions required by this
AD terminates all requirements of AD 2017–
19–24.
(j) Other FAA AD Provisions
(c) Applicability
This AD applies to the Airbus airplanes
identified in paragraphs (c)(1) through (c)(4)
of this AD, certificated in any category, with
an original certificate of airworthiness or
original export certificate of airworthiness
issued on or before April 6, 2017.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, and –271N
airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –253N, and
–271N airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a revision of an
airworthiness limitations document that
specifies more restrictive maintenance
requirements and airworthiness limitations.
We are issuing this AD to mitigate the risks
associated with the effects of aging on
airplane systems. Such effects could change
system characteristics, leading to an
increased potential for failure of certain lifelimited parts, and reduced structural
integrity or controllability of the airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Maintenance or Inspection
Program
Within 90 days after the effective date of
this AD, revise the maintenance or inspection
program, as applicable, to incorporate Airbus
A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 4, ‘‘System
Equipment Maintenance Requirements
(SEMR),’’ Revision 05, dated April 6, 2017.
The initial compliance time for doing the
revised actions is at the applicable time
specified in Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part
4, ‘‘System Equipment Maintenance
Requirements (SEMR),’’ Revision 05, dated
April 6, 2017.
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Issued in Des Moines, Washington, on
March 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–06590 Filed 3–30–18; 8:45 am]
BILLING CODE 4910–13–P
(i) Terminating Action for AD 2017–19–24
(b) Affected ADs
This AD affects AD 2017–19–24,
Amendment 39–19054 (82 FR 44900,
September 27, 2017) (‘‘AD 2017–19–24’’).
(h) No Alternative Actions or Intervals
After the maintenance or inspection
program has been revised as required by
paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be
used unless the actions and intervals are
approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of
this AD.
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2017–0170, dated
September 7, 2017, for related information.
This MCAI may be found in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2018–0168.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223.
(3) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; internet https://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.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 5, 15, and 101
[GN Docket No. 18–21, RM–11795; FCC 18–
17]
Spectrum Horizons
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) seeks comment on
proposed rules to permit licensed fixed
point-to-point operations in a total of
102.2 gigahertz of spectrum; on making
15.2 gigahertz of spectrum available for
unlicensed use; and on creating a new
category of experimental licenses to
increase opportunities for entities to
develop new services and technologies
from 95 GHz to 3 THz with no limits on
geography or technology. The
Commission also granted, in part, two
petitions for rulemaking and denied two
requests for waiver.
DATES: Comments are due May 2, 2018.
Reply comments are due May 17, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael Ha, Office of Engineering and
Technology, 202–418–2099,
Michael.Ha@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking, ET Docket No.
18–21, RM–11795, FCC 18–17, adopted
February 22, 2018, and released
February 28, 2018. The full text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Center
(Room CY–A257), 445 12th Street SW,
Washington, DC 20554. The full text
may also be downloaded at: https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2018/db0228/FCC-1817A1.pdf. People with Disabilities: To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
SUMMARY:
E:\FR\FM\02APP1.SGM
02APP1
]]>Agencies
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Proposed Rules]
[Pages 13885-13888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06590]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0168; Product Identifier 2017-NM-135-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A318, A319, and A320 series airplanes, and Model
A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -253N, and -
271N airplanes. This proposed AD was prompted by a revision of an
airworthiness limitations document that specifies more restrictive
maintenance requirements and airworthiness limitations. This proposed
AD would require revising the maintenance or inspection program, as
applicable, to
[[Page 13886]]
incorporate the specified maintenance requirements and airworthiness
limitations. We are proposing this AD to address the unsafe condition
on these products.
DATES: We must receive comments on this proposed AD by May 17, 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: 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,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; internet https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0168; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone 800-647-5527) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0168;
Product Identifier 2017-NM-135-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 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 NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0170, dated September 7, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, and A320 series airplanes, and Model A321-111, -112, -131,
-211, -212, -213, -231, -232, -251N, -253N, and -271N airplanes. The
MCAI states:
The System Equipment Maintenance Requirements (SEMR) for Airbus
A320 family aeroplanes, which are approved by EASA, are currently
defined and published in the Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 4 document. These
instructions have been identified as mandatory for continued
airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition.
Previously, EASA issued AD 2016-0093 [which corresponds to FAA
AD 2017-19-24, Amendment 39-19054 (82 FR 44900, September 27, 2017)
(``AD 2017-19-24'')] to require accomplishment of all maintenance
tasks as described in ALS Part 4 at Revision 03. ALS Part 4 Revision
04 was not mandated because no significant changes were introduced
with this Revision. The new ALS Part 4 Revision 05 (hereafter
referred to as `the ALS' in this [EASA] AD) includes new and/or more
restrictive requirements and extends the applicability to model
A320-251N, A320-271N, A321-251N, A321-253N and A321-271N aeroplanes.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2016-0093, which is superseded, and requires
accomplishment of all tasks as described in the ALS.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0168.
Relationship of Proposed AD to AD 2017-19-24
This NPRM would not supersede AD 2017-19-24. Rather, we have
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program to incorporate the new maintenance
requirements and airworthiness limitations. Accomplishment of the
proposed actions would then terminate all of the requirements of AD
2017-19-24.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 4, ``System Equipment Maintenance
Requirements (SEMR),'' Revision 05, dated April 6, 2017. This service
information describes preventive maintenance requirements and includes
updated inspections and intervals to be incorporated into the
maintenance or inspection program. 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 and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD. The request should include a description of
changes to the required actions that will ensure the continued
operational safety of the airplane.
[[Page 13887]]
Differences Between This Proposed AD and the MCAI or Service
Information
The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Airbus maintenance documentation. However, this proposed AD does
not include that requirement. Operators of U.S.-registered airplanes
are required by general airworthiness and operational regulations to
perform maintenance using methods that are acceptable to the FAA. We
consider those methods to be adequate to address any corrective actions
necessitated by the findings of ALS inspections required by this
proposed AD.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for a type design, the specific
ALS, including revisions, is a part of that type design, as specified
in 14 CFR 21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD. This proposed AD therefore would apply to Airbus Model A318, A319,
and A320 series airplanes, and Model A321-111, -112, -131, -211, -212,
-213, -231, -232, -251N, -253N, and -271N airplanes with an original
certificate of airworthiness or original export certificate of
airworthiness that was issued on or before the date of approval of the
ALS revision identified in this proposed AD. Operators of airplanes
with an original certificate of airworthiness or original export
certificate of airworthiness issued after that date must comply with
the airworthiness limitations specified as part of the approved type
design and referenced on the type certificate data sheet.
Costs of Compliance
We estimate that this proposed AD affects 1,133 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although this
figure may vary from operator to operator. In the past, we have
estimated that this action takes 1 work-hour per airplane. Since
operators incorporate maintenance or inspection program changes for
their affected fleet(s), we have determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, we
estimate the total cost per operator to be $7,650 (90 work-hours x $85
per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes 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.
[[Page 13888]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Airbus: Docket No. FAA-2018-0168; Product Identifier 2017-NM-135-AD.
(a) Comments Due Date
We must receive comments by May 17, 2018.
(b) Affected ADs
This AD affects AD 2017-19-24, Amendment 39-19054 (82 FR 44900,
September 27, 2017) (``AD 2017-19-24'').
(c) Applicability
This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before April 6, 2017.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N,
and -271N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -253N, and -271N airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a revision of an airworthiness
limitations document that specifies more restrictive maintenance
requirements and airworthiness limitations. We are issuing this AD
to mitigate the risks associated with the effects of aging on
airplane systems. Such effects could change system characteristics,
leading to an increased potential for failure of certain life-
limited parts, and reduced structural integrity or controllability
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Maintenance or Inspection Program
Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS)
Part 4, ``System Equipment Maintenance Requirements (SEMR),''
Revision 05, dated April 6, 2017. The initial compliance time for
doing the revised actions is at the applicable time specified in
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS)
Part 4, ``System Equipment Maintenance Requirements (SEMR),''
Revision 05, dated April 6, 2017.
(h) No Alternative Actions or Intervals
After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.
(i) Terminating Action for AD 2017-19-24
Accomplishing the actions required by this AD terminates all
requirements of AD 2017-19-24.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0170, dated September 7,
2017, for related information. This MCAI may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0168.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; internet https://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 March 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-06590 Filed 3-30-18; 8:45 am]
BILLING CODE 4910-13-P
