Airworthiness Directives; Airbus Airplanes, 28555-28560 [2018-12885]
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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Bombardier, Inc.: Docket No. FAA–2018–
0546; Product Identifier 2017–NM–171–
AD.
(a) Comments Due Date
We must receive comments by August 6,
2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–700–1A10 and BD–700–1A11
airplanes, certificated in any category, serial
numbers 9002 through 9770 inclusive, 9772
through 9781 inclusive, and 9998.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
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(e) Reason
This AD was prompted by reports of
multiple in-flight departures of the aft belly
fairing access panels. We are issuing this AD
to prevent in-flight departures of the aft belly
fairing access panels, which could result in
runway hazards or hazards to people on the
ground.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Access Panel Modification
Within 15 months after the effective date
of this AD, modify the aft belly fairing access
panels by replacing the attachments, in
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accordance with the Accomplishment
Instructions of the applicable service
information identified in paragraphs (g)(1)
and (g)(2) of this AD.
(1) For Model BD–700–1A10 airplanes:
Bombardier Service Bulletin 700–53–050, or
700–53–6008, both Revision 01, both dated
December 16, 2016.
(2) For Model BD–700–1A11 airplanes:
Bombardier Service Bulletin 700–1A11–53–
025, or 700–53–5009, both Revision 01, both
dated December 16, 2016.
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using the applicable service
information identified in paragraphs (h)(1)
through (h)(4) of this AD.
(1) Bombardier Service Bulletin 700–
1A11–53–025, dated July 14, 2016.
(2) Bombardier Service Bulletin 700–53–
050, dated July 14, 2016.
(3) Bombardier Service Bulletin 700–53–
5009, dated July 14, 2016.
(4) Bombardier Service Bulletin 700–53–
6008, dated July 14, 2016.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2017–31, dated
September 22, 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–2018–0546.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section,
FAA, New York ACO Branch, 1600 Stewart
PO 00000
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28555
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7330; fax 516–794–5531.
(3) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; email thd.crj@
aero.bombardier.com; internet https://
www.bombardier.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 June
8, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–13126 Filed 6–19–18; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0556; Product
Identifier 2018–NM–015–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 all
Airbus Model A318 series; Model A319
series; Model A320 series; and Model
A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes. This
proposed AD was prompted by reports
of multiple angle of attack (AoA) probe
blockages. This proposed AD would
require all elevator aileron computer
(ELAC) units to be upgraded with new
software, or replaced with upgraded
units. We are proposing this AD to
address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by August 6, 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.
SUMMARY:
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• 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–
0556; 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 206–231–3223; fax 206–231–
3398.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0556; Product Identifier 2018–
NM–015–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 AD 2018–
0007R1, dated January 19, 2018
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for all Airbus Model A318
series; Model A319 series; Model A320
series; and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
airplanes. The MCAI states:
Occurrences were reported on multiple
Angle of Attack (AoA) probes blockages.
Investigation results indicated the need for
improved AoA monitoring in order to detect
cases of AoA probe blockage.
This condition, if not corrected, could lead
to undue activation of the AoA protection,
reverting to manual control of the aeroplane,
which, under specific circumstances, could
result in reduced control of the aeroplane.
To address this potential unsafe condition,
Airbus developed several Elevator Aileron
Computer (ELAC) standards, i.e. ELAC units
loaded with a specific software Part Number
(P/N), and EASA issued AD 2017–0008,
retaining part of the requirements of EASA
AD 2015–0088R1 [which corresponds to FAA
AD 2016–17–03, Amendment 39–18616 (81
FR 55358, August 19, 2016) (‘‘AD 2016–17–
03’’)], which was superseded, and requiring
an upgrade of all ELAC units with ELAC L99
standard, which introduces improvements in
the AoA probe monitoring for Current Engine
Option (CEO) aeroplanes, and also
incorporates flight control aspects for New
Engine Option (NEO) aeroplanes.
Since that [EASA] AD was issued, it was
determined that clarification is necessary for
the Parts Installation requirements, and some
typographical (P/N) errors were detected.
This [EASA] AD is revised accordingly.
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–
0556.
Relationship of Proposed AD to AD
2016–17–03
This NPRM does not propose to
supersede AD 2016–17–03. Rather, we
have determined that a stand-alone AD
would be more appropriate to address
the changes in the MCAI. This proposed
AD would require all ELAC units to be
upgraded with new software, or
replaced with upgraded units.
Accomplishment of the proposed
actions would then terminate all of the
requirements of AD 2016–17–03.
Related Service Information Under 1
CFR Part 51
Airbus has issued Service Bulletin
A320–27–1263, Revision 00, dated April
28, 2017; and Service Bulletin A320–
27–1264, Revision 00, dated April 28,
2017. The service information describes
the upgrade or replacement of ELAC
units. These documents are distinct
because they apply to different airplane
configurations.
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 the same
type designs.
Costs of Compliance
We estimate that this proposed AD
affects 1,250 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
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ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Modification ................
3 work-hours × $85 per hour = $255 .............
Up to $7,970 ..............
Up to $8,225 ..............
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
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Cost on U.S.
operators
Up to $10,281,250
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules
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.
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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;
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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.
§ 39.13
28557
(c) Applicability
This AD applies to the Airbus airplanes
identified in paragraphs (c)(1) through (c)(4)
of this AD, certificated in any category, all
manufacturer serial numbers.
(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, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight Controls.
(e) Reason
This AD was prompted by reports of
multiple angle of attack (AoA) probe
blockages. We are issuing this AD to address
the blockage of AoA probes. This condition,
if not corrected, could lead to undue
activation of the AoA protection, reverting to
manual control of the airplane, which, under
specific circumstances, could result in
reduced control of the airplane.
(f) Compliance
[Amended]
■
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Comply with this AD within the
compliance times specified, unless already
done.
Airbus: Docket No. FAA–2018–0556; Product
Identifier 2018–NM–015–AD.
(g) Definition of Affected Elevator Aileron
Computer (ELAC)
(a) Comments Due Date
We must receive comments by August 6,
2018.
For the purposes of this AD, ELAC units
having a part number (P/N) listed in table 1
to paragraphs (g), (h), and (i) of this AD are
hereafter referred to as ‘‘affected ELAC’’ in
this AD.
(b) Affected ADs
This AD affects AD 2016–17–03,
Amendment 39–18616 (81 FR 55358, August
19, 2016) (‘‘AD 2016–17–03’’).
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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules
ELACP/N
3945122202
3945122203
3945122303
3945122304
3945122305
3945122306
3945122307
C12370AA01
3945122501
3945122502
3945122503
3945122504
3945122505
3945123505
3945128101
3945122506
3945123506
3945128102
3945122507
3945123507
3945128103
3945122608
3945123608
3945122609
3945123609
3945128204
3945128205
3945128206
3945129101
3945128207
3945128208
3945128209
3945129103
3945128210
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Designation
ELAC A320-111 Type Def.
ELACL50C
ELACL50C
ELACL60
ELACL61B
ELACL61F
ELACL62C
ELACL68C
ELACL69
ELAC L69J
ELACL77
ELACL78
ELAC AL80
ELAC A' L80
ELACBL80
ELAC AL81
ELAC A' L81
ELAC B L81
ELAC AL82
ELAC A' L82
ELACBL82
ELAC AL83
ELAC A' L83
ELAC AL84
ELAC A' L84
ELACBL90L
ELACBL90N
ELACBL91
ELAC B L91 data loadable
ELACBL92
ELACBL92L
ELACBL93
ELAC B L93 data loadable
ELACBL94
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Table 1 to paragraphs (g), (h), and (i) of this AD- Affected ELAC Part Numbers
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(i) Parts Installation Prohibition
(1) For airplanes with ELAC units listed in
table 1 to paragraphs (g), (h), and (i) of this
AD: After modification of an airplane as
required by paragraph (h) of this AD, do not
install any affected ELAC on that airplane.
(2) For airplanes with ELAC units not
listed in table 1 to paragraphs (g), (h), and (i)
of this AD: From the effective date of this AD,
do not install any affected ELAC on that
airplane.
(j) Installation of Later Software Versions
Installation of an ELAC unit with a
software standard above L99 is equal to
compliance with the requirements of
paragraph (h) of this AD, provided the
conditions specified in paragraphs (j)(1)
through (j)(2) of this AD are met.
(1) The ELAC unit part number is approved
by the Manager, International Section,
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Section, Transport Standards Branch, FAA;
or the European Aviation Safety Agency
(EASA); or Airbus’s EASA Design
Organization Approval (DOA); or in
accordance with modification instructions
approved by an EASA DOA (other than the
Airbus EASA DOA), provided the conditions
specified in paragraphs (h)(1) through (h)(4)
of this AD are met. If approved by the DOA,
the approval must include the DOAauthorized signature.
(1) Absence of electronic centralized
aircraft monitoring (ECAM) warning or
maintenance message related to ELAC, before
the data-loadable ELAC unit is removed and
software is loaded.
(2) The data-loadable ELAC unit is
removed as specified in Airbus aircraft
maintenance manual (AMM) Task 27–93–34–
000–001–A.
(3) The data-loadable ELAC unit is checked
by two different means, either line
replaceable unit (LRU) identification and
label call up, or Alpha Call Up ELA 1 and
ELA 2.
(4) After the software is loaded, the dataloadable ELAC unit is re-installed as
specified in Airbus AMM Task 27–93–34–
400–001–A.
Note 1 to paragraph (h) of this AD: Nondata-loadable ELAC L99 P/N 3945128217
units are fully interchangeable and mixable
with data-loadable ELAC L99 P/N
3945129100 units with L99 software P/N
3945129111 loaded.
Transport Standards Branch, FAA; or EASA;
or Airbus’s EASA DOA.
(2) The installation is accomplished in
accordance with modification instructions
approved by the Manager, International
Section, Transport Standards Branch, FAA;
or EASA; or Airbus’s EASA DOA; or in
accordance with modification instructions
approved by an EASA DOA (other than the
Airbus EASA DOA), provided the conditions
in paragraphs (j)(2)(i) through (j)(2)(iv) of this
AD are met.
(i) Absence of ECAM warning or
maintenance message related to ELAC, before
the data-loadable ELAC unit is removed and
software is loaded.
(ii) The data-loadable ELAC unit is
removed as specified in Airbus AMM Task
27–93–34–000–001–A.
(iii) The data-loadable ELAC unit is
checked by two different means, either LRU
identification and label call up, or Alpha Call
Up ELA 1 and ELA 2.
(iv) After the software is loaded, the dataloadable ELAC unit is re-installed as
specified in Airbus AMM Task 27–93–34–
400–001–A.
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(k) Airplanes Not Affected by the
Requirements of Paragraph (h) of This AD
(1) An airplane on which any modification
(mod) specified in paragraphs (k)(1)(i) and
(k)(1)(ii) of this AD was embodied in
production is not affected by the
requirements of paragraph (h) of this AD,
provided it is determined that no affected
ELAC is installed as of the effective date of
this AD.
(i) Airbus mod 161843 (installation of dataloadable ELAC P/N 3945129100 unit with
L99 software P/N 3945129111) or mod
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(h) Required Actions
For airplanes with ELAC part numbers
listed in table 1 to paragraphs (g), (h), and (i)
of this AD: Within the applicable compliance
times defined in figure 1 to paragraph (h) of
this AD, upgrade each ELAC by uploading
L99 software part number (P/N) 3945129111
or by replacing the existing ELAC with ELAC
L99 P/N 3945128217 in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A320–27–1263, Revision 00,
dated April 28, 2017, or Airbus Service
Bulletin A320–27–1264, Revision 00, dated
April 28, 2017, as applicable, or in
accordance with modification instructions
approved by the Manager, International
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159979 (installation of non-data-loadable
ELAC L99 P/N 3945128217).
(ii) Airbus mod 160577 (installation of
data-loadable ELAC P/N 3945129100 unit
with L101 software P/N 3945129112) or mod
162042 (installation of non-data-loadable
ELAC L101 P/N 3945128218).
(2) An airplane on which any modification
specified in paragraphs (k)(2)(i), (k)(2)(ii), or
(k)(2)(iii) of this AD was done is not affected
by the requirements of paragraph (h) of this
AD, provided it is determined that no
affected ELAC is installed as of the effective
date of this AD.
(i) A modification specified in Airbus
Service Bulletin A320–27–1267, Revision 00,
dated September 27, 2017 (ELAC L101 P/N
3945128218 non-data-loadable).
(ii) A modification specified in Airbus
Service Bulletin A320–27–1268, Revision 00,
dated September 27, 2017 (ELAC P/N
3945129100 data-loadable with L101
software P/N 3945129112 for A320 NEO).
(iii) A modification specified in Airbus
Service Bulletin A320–27–1269, Revision 00,
dated September 27, 2017 (ELAC P/N
3945129100 data-loadable with L101
software P/N 3945129112).
sradovich on DSK3GMQ082PROD with PROPOSALS
(l) Terminating Action for AD 2016–17–03
Accomplishing the actions required by
paragraph (h) of this AD or complying with
any method of compliance specified in
paragraph (k) of this AD terminates all
requirements of AD 2016–17–03.
(m) 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 (n)(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 EASA;
or Airbus’s EASA DOA. If approved by the
DOA, the approval must include the DOAauthorized signature.
(n) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0007R1, dated January 19, 2018, 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–2018–0556.
VerDate Sep<11>2014
16:51 Jun 19, 2018
Jkt 244001
(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 206–231–
3223; fax 206–231–3398.
(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. 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 June
7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–12885 Filed 6–19–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 100
[Docket No. FR–6111–A–01]
RIN 2529–ZA01
Reconsideration of HUD’s
Implementation of the Fair Housing
Act’s Disparate Impact Standard
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
This advance notice of
proposed rulemaking (ANPR) invites
public comment on possible
amendments to HUD’s 2013 final rule
implementing the Fair Housing Act’s
disparate impact standard, as well as the
2016 supplement to HUD’s responses to
certain insurance industry comments
made during the rulemaking. HUD is
reviewing the final rule and supplement
to determine what changes, if any, are
appropriate following the Supreme
Court’s 2015 ruling in Texas
Department of Housing and Community
Affairs v. Inclusive Communities
Project, Inc., which held that disparate
impact claims were cognizable under
the Fair Housing Act and discussed
standards for, and the constitutional
limitations on, such claims. As HUD
conducts its review, it is soliciting
SUMMARY:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
public comment on the disparate impact
standard set forth in the final rule and
supplement, the burden-shifting
approach, the relevant definitions, the
causation standard, and whether
changes to these or other provisions of
the rule would be appropriate. HUD is
also issuing this ANPR in response to
public comments submitted on its May
15, 2017, Federal Register document
seeking input on ineffective regulations
and an October 26, 2017,
recommendation from the Department
of the Treasury.
DATES:
Comment Due Date: August 20,
2018.
Interested persons are
invited to submit comments to the
Office of the General Counsel, Rules
Docket Clerk, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 10276, Washington,
DC 20410–0001. Communications
should refer to the above docket number
and title and should contain the
information specified in the ‘‘Request
for Comments’’ section. There are two
methods for submitting public
comments.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW, Room 10276,
Washington, DC 20410–0500. Due to
security measures at all federal agencies,
however, submission of comments by
mail often results in delayed delivery.
To ensure timely receipt of comments,
HUD recommends that comments
submitted by mail be submitted at least
two weeks in advance of the public
comment deadline.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make comments immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov website can
be viewed by other commenters and
interested members of the public.
Commenters should follow instructions
provided on that site to submit
comments electronically.
ADDRESSES:
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
E:\FR\FM\20JNP1.SGM
20JNP1
Agencies
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28555-28560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12885]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0556; Product Identifier 2018-NM-015-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318 series; Model A319 series; Model A320 series; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
This proposed AD was prompted by reports of multiple angle of attack
(AoA) probe blockages. This proposed AD would require all elevator
aileron computer (ELAC) units to be upgraded with new software, or
replaced with upgraded units. We are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on this proposed AD by August 6, 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.
[[Page 28556]]
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-
0556; 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 206-231-3223; fax 206-231-
3398.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0556;
Product Identifier 2018-NM-015-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 AD
2018-0007R1, dated January 19, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A318 series; Model
A319 series; Model A320 series; and Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. The MCAI states:
Occurrences were reported on multiple Angle of Attack (AoA)
probes blockages. Investigation results indicated the need for
improved AoA monitoring in order to detect cases of AoA probe
blockage.
This condition, if not corrected, could lead to undue activation
of the AoA protection, reverting to manual control of the aeroplane,
which, under specific circumstances, could result in reduced control
of the aeroplane.
To address this potential unsafe condition, Airbus developed
several Elevator Aileron Computer (ELAC) standards, i.e. ELAC units
loaded with a specific software Part Number (P/N), and EASA issued
AD 2017-0008, retaining part of the requirements of EASA AD 2015-
0088R1 [which corresponds to FAA AD 2016-17-03, Amendment 39-18616
(81 FR 55358, August 19, 2016) (``AD 2016-17-03'')], which was
superseded, and requiring an upgrade of all ELAC units with ELAC L99
standard, which introduces improvements in the AoA probe monitoring
for Current Engine Option (CEO) aeroplanes, and also incorporates
flight control aspects for New Engine Option (NEO) aeroplanes.
Since that [EASA] AD was issued, it was determined that
clarification is necessary for the Parts Installation requirements,
and some typographical (P/N) errors were detected. This [EASA] AD is
revised accordingly.
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-
0556.
Relationship of Proposed AD to AD 2016-17-03
This NPRM does not propose to supersede AD 2016-17-03. Rather, we
have determined that a stand-alone AD would be more appropriate to
address the changes in the MCAI. This proposed AD would require all
ELAC units to be upgraded with new software, or replaced with upgraded
units. Accomplishment of the proposed actions would then terminate all
of the requirements of AD 2016-17-03.
Related Service Information Under 1 CFR Part 51
Airbus has issued Service Bulletin A320-27-1263, Revision 00, dated
April 28, 2017; and Service Bulletin A320-27-1264, Revision 00, dated
April 28, 2017. The service information describes the upgrade or
replacement of ELAC units. These documents are distinct because they
apply to different airplane configurations.
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 the same
type designs.
Costs of Compliance
We estimate that this proposed AD affects 1,250 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Modification................... 3 work-hours x $85 per Up to $7,970..... Up to $8,225..... Up to $10,281,250
hour = $255.
----------------------------------------------------------------------------------------------------------------
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.
[[Page 28557]]
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Airbus: Docket No. FAA-2018-0556; Product Identifier 2018-NM-015-AD.
(a) Comments Due Date
We must receive comments by August 6, 2018.
(b) Affected ADs
This AD affects AD 2016-17-03, Amendment 39-18616 (81 FR 55358,
August 19, 2016) (``AD 2016-17-03'').
(c) Applicability
This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
(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, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Reason
This AD was prompted by reports of multiple angle of attack
(AoA) probe blockages. We are issuing this AD to address the
blockage of AoA probes. This condition, if not corrected, could lead
to undue activation of the AoA protection, reverting to manual
control of the airplane, which, under specific circumstances, could
result in reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definition of Affected Elevator Aileron Computer (ELAC)
For the purposes of this AD, ELAC units having a part number (P/
N) listed in table 1 to paragraphs (g), (h), and (i) of this AD are
hereafter referred to as ``affected ELAC'' in this AD.
BILLING CODE 4910-13-P
[[Page 28558]]
[GRAPHIC] [TIFF OMITTED] TP20JN18.000
[[Page 28559]]
[GRAPHIC] [TIFF OMITTED] TP20JN18.001
BILLING CODE 4910-13-C
(h) Required Actions
For airplanes with ELAC part numbers listed in table 1 to
paragraphs (g), (h), and (i) of this AD: Within the applicable
compliance times defined in figure 1 to paragraph (h) of this AD,
upgrade each ELAC by uploading L99 software part number (P/N)
3945129111 or by replacing the existing ELAC with ELAC L99 P/N
3945128217 in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-27-1263, Revision 00, dated April 28,
2017, or Airbus Service Bulletin A320-27-1264, Revision 00, dated
April 28, 2017, as applicable, or in accordance with modification
instructions 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);
or in accordance with modification instructions approved by an EASA
DOA (other than the Airbus EASA DOA), provided the conditions
specified in paragraphs (h)(1) through (h)(4) of this AD are met. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(1) Absence of electronic centralized aircraft monitoring (ECAM)
warning or maintenance message related to ELAC, before the data-
loadable ELAC unit is removed and software is loaded.
(2) The data-loadable ELAC unit is removed as specified in
Airbus aircraft maintenance manual (AMM) Task 27-93-34-000-001-A.
(3) The data-loadable ELAC unit is checked by two different
means, either line replaceable unit (LRU) identification and label
call up, or Alpha Call Up ELA 1 and ELA 2.
(4) After the software is loaded, the data-loadable ELAC unit is
re-installed as specified in Airbus AMM Task 27-93-34-400-001-A.
Note 1 to paragraph (h) of this AD: Non-data-loadable ELAC L99
P/N 3945128217 units are fully interchangeable and mixable with
data-loadable ELAC L99 P/N 3945129100 units with L99 software P/N
3945129111 loaded.
[GRAPHIC] [TIFF OMITTED] TP20JN18.002
(i) Parts Installation Prohibition
(1) For airplanes with ELAC units listed in table 1 to
paragraphs (g), (h), and (i) of this AD: After modification of an
airplane as required by paragraph (h) of this AD, do not install any
affected ELAC on that airplane.
(2) For airplanes with ELAC units not listed in table 1 to
paragraphs (g), (h), and (i) of this AD: From the effective date of
this AD, do not install any affected ELAC on that airplane.
(j) Installation of Later Software Versions
Installation of an ELAC unit with a software standard above L99
is equal to compliance with the requirements of paragraph (h) of
this AD, provided the conditions specified in paragraphs (j)(1)
through (j)(2) of this AD are met.
(1) The ELAC unit part number is approved by the Manager,
International Section, Transport Standards Branch, FAA; or EASA; or
Airbus's EASA DOA.
(2) The installation is accomplished in accordance with
modification instructions approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
DOA; or in accordance with modification instructions approved by an
EASA DOA (other than the Airbus EASA DOA), provided the conditions
in paragraphs (j)(2)(i) through (j)(2)(iv) of this AD are met.
(i) Absence of ECAM warning or maintenance message related to
ELAC, before the data-loadable ELAC unit is removed and software is
loaded.
(ii) The data-loadable ELAC unit is removed as specified in
Airbus AMM Task 27-93-34-000-001-A.
(iii) The data-loadable ELAC unit is checked by two different
means, either LRU identification and label call up, or Alpha Call Up
ELA 1 and ELA 2.
(iv) After the software is loaded, the data-loadable ELAC unit
is re-installed as specified in Airbus AMM Task 27-93-34-400-001-A.
(k) Airplanes Not Affected by the Requirements of Paragraph (h) of This
AD
(1) An airplane on which any modification (mod) specified in
paragraphs (k)(1)(i) and (k)(1)(ii) of this AD was embodied in
production is not affected by the requirements of paragraph (h) of
this AD, provided it is determined that no affected ELAC is
installed as of the effective date of this AD.
(i) Airbus mod 161843 (installation of data-loadable ELAC P/N
3945129100 unit with L99 software P/N 3945129111) or mod
[[Page 28560]]
159979 (installation of non-data-loadable ELAC L99 P/N 3945128217).
(ii) Airbus mod 160577 (installation of data-loadable ELAC P/N
3945129100 unit with L101 software P/N 3945129112) or mod 162042
(installation of non-data-loadable ELAC L101 P/N 3945128218).
(2) An airplane on which any modification specified in
paragraphs (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD was done
is not affected by the requirements of paragraph (h) of this AD,
provided it is determined that no affected ELAC is installed as of
the effective date of this AD.
(i) A modification specified in Airbus Service Bulletin A320-27-
1267, Revision 00, dated September 27, 2017 (ELAC L101 P/N
3945128218 non-data-loadable).
(ii) A modification specified in Airbus Service Bulletin A320-
27-1268, Revision 00, dated September 27, 2017 (ELAC P/N 3945129100
data-loadable with L101 software P/N 3945129112 for A320 NEO).
(iii) A modification specified in Airbus Service Bulletin A320-
27-1269, Revision 00, dated September 27, 2017 (ELAC P/N 3945129100
data-loadable with L101 software P/N 3945129112).
(l) Terminating Action for AD 2016-17-03
Accomplishing the actions required by paragraph (h) of this AD
or complying with any method of compliance specified in paragraph
(k) of this AD terminates all requirements of AD 2016-17-03.
(m) 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 (n)(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 EASA; or Airbus's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(n) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0007R1, dated January 19, 2018, 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-2018-0556.
(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
206-231-3223; fax 206-231-3398.
(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. 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 June 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-12885 Filed 6-19-18; 8:45 am]
BILLING CODE 4910-13-P