Airworthiness Directives; Airbus SAS Airplanes, 48203-48206 [2018-20338]

Download as PDF Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations deferred premium is $131,056,000, and the maximum annual deferred premium is $20,496,000. Section 140.11(a)(4) is amended accordingly. III. Rulemaking Procedure This final rule is being issued without prior public notice or opportunity for public comment. The Administrative Procedure Act (5 U.S.C. 553(b)(B)) does not require an agency to use the public notice and comment process ‘‘when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ In this instance, the NRC finds, for good cause, that solicitation of public comment on this final rule is unnecessary because the PriceAnderson Act requires these nondiscretionary adjustments in the maximum total and annual standard deferred premiums. Requesting public comment on these adjustments, which are made pursuant to a formula required by statute, would not result in a change to the adjusted amount. Consistent with this finding of good cause, and as permitted by 5 U.S.C. 808(2), the NRC has determined that the effective date of this rule will be November 1, 2018. daltland on DSKBBV9HB2PROD with RULES IV. Regulatory Analysis A regulatory analysis has not been prepared for this final rule. As discussed in this document under Section III, ‘‘Rulemaking Procedure,’’ the Price-Anderson Act requires that the NRC perform this rulemaking according to a formula required by statute. This final rule does not involve an exercise of Commission discretion. V. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to regulations for which a Federal agency is not required by law, including the rulemaking provisions of the Administrative Procedure Act, 5 U.S.C 553(b), to publish a general notice of proposed rulemaking (5 U.S.C. 604). As discussed in this document under Section III, ‘‘Rulemaking Procedure,’’ the NRC is not publishing this final rule for notice and comment. Accordingly, the NRC has determined that the requirements of the Regulatory Flexibility Act do not apply to this final rule. VI. Backfitting and Issue Finality The NRC has not prepared a backfit analysis for this final rule. This final rule does not involve any provision that would impose a backfit, nor is it inconsistent with any issue finality VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 provision, as those terms are defined in 10 CFR chapter I. These mandatory adjustments are non-discretionary, required by statute, and do not represent any change in position by the NRC with respect to the design, construction, or operation of a licensed facility. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). VIII. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in § 51.22(c)(1). Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this final rule. IX. Paperwork Reduction Act This final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget (OMB), approval number 3150–0039. X. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. XI. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). The Office of Management and Budget has found it to be a major rule as defined in the Congressional Review Act. As explained in Section III, the NRC has found good cause that solicitation of public comment on this final rule is unnecessary. Therefore, consistent with 5 U.S.C. 808(2), the NRC has determined that the effective date of this rule will be November 1, 2018, in lieu of the customary 60-day delay in effectiveness for ‘‘major rules’’ under the Congressional Review Act. List of Subjects in 10 CFR Part 140 Criminal penalties, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 48203 reactors, Penalties, Reporting and recordkeeping requirements. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendment to 10 CFR part 140: PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS 1. The authority citation for part 140 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234 (42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note. § 140.11 [Amended] 2. In § 140.11(a)(4), remove the number ‘‘$121,255,000’’ and add in its place the number ‘‘$131,056,000’’, and remove the number ‘‘$18,963,000’’ and add in its place the number ‘‘$20,496,000’’. ■ Dated at Rockville, Maryland, this 6th day of September 2018. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2018–20650 Filed 9–21–18; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0505; Product Identifier 2017–NM–178–AD; Amendment 39–19419; AD 2018–19–19] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for all Airbus SAS Model A350–941 airplanes. This AD was prompted by a report of an overheat failure mode of the hydraulic engine-driven pump, which could cause a fast temperature rise of the hydraulic fluid. This AD requires modifying the hydraulic monitoring and control application (HMCA) software. We are issuing this AD to address the unsafe condition on these products. SUMMARY: E:\FR\FM\24SER1.SGM 24SER1 48204 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations This AD is effective October 29, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 29, 2018. ADDRESSES: For service information identified in this final rule, contact Airbus SAS, Airworthiness Office— EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email continuedairworthiness.a350@airbus.com; internet http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2018– 0505. DATES: Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0505; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations (phone: 800–647–5527) is in the ADDRESSES section. FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3218. SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with RULES Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A350– 941 airplanes. The NPRM published in the Federal Register on June 11, 2018 (83 FR 26880). The NPRM was prompted by a report of an overheat failure mode of the hydraulic enginedriven pump, which could cause a fast temperature rise of the hydraulic fluid. The NPRM proposed to require modifying the HMCA software. We are issuing this AD to address high hydraulic fluid temperature combined with an inoperative fuel tank inerting system, which could result in uncontrolled overheating of the hydraulic system and consequent ignition sources inside the fuel tank, VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 which, combined with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017–0200, dated October 10, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Airbus SAS Model A350–941 airplanes. The MCAI states: In the Airbus A350 design, the hydraulic fluid cooling system is located in the fuel tanks. Recently, an overheat failure mode of the hydraulic engine-driven pump (EDP) was found. Such EDP failure may cause a fast temperature rise of the hydraulic fluid. This condition, if not detected and corrected, combined with an inoperative fuel tank inerting system, could lead to an uncontrolled overheat of the hydraulic fluid, possibly resulting in ignition of the fuel-air mixture in the affected fuel tank. To address this potential unsafe condition, Airbus issued a Major Event Revision (MER) of the A350 Master Minimum Equipment List (MMEL) that incorporates restrictions to avoid an uncontrolled overheat of the hydraulic system. Consequently, EASA issued Emergency AD 2017–0154–E to require implementation of these dispatch restrictions. Since EASA Emergency AD 2017–0154–E was issued, following further investigation, Airbus issued another MER of the A350 MMEL that expands the number of restricted MMEL items. At the same time, Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to inform all operators about the latest MMEL restrictions. Consequently, EASA issued AD 2017–0180, retaining the requirements of EASA Emergency AD 2017– 0154–E, which was superseded, and requiring implementation of the new Airbus A350 MMEL MER and, consequently, restrictions for aeroplane dispatch. Since EASA AD 2017–0180 was issued, Airbus developed a software (SW) update of the Hydraulic Monitoring and Control Application (HMCA) SW S4.2, introduction of which avoids uncontrolled overheat of the hydraulic system. HMCA SW S4.2 is embodied in production through Airbus modification (mod) 112090, and introduced in service through Airbus Service Bulletin (SB) A350–29–P012. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2017–0180, which is superseded, and requires modification of the aeroplane by installing HMCA SW S4.2. This [EASA] AD is still considered to be an interim action and further AD action may follow. You may examine the MCAI in the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0505. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM The Air Line Pilots Association, International (ALPA) expressed support for the NPRM. Request To Include Revised Service Information Delta Air Lines (Delta) requested that Airbus Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018, be included in paragraph (h) of the proposed AD because the effectivity identified in Airbus Service Bulletin A350–29–P012, dated October 6, 2017, is incomplete. Delta added that Revision 01 of the service information was issued to include all airplanes affected by the HMCA software update that were embodied in production. We agree with the commenter’s request. We have included Airbus Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018, in this AD. We have added paragraph (k) to this AD to provide credit for actions done in accordance with the original issue of the referenced service information. Revision 01 of the service information updates certain manufacturer serial numbers, but specifies that no additional work is necessary. Request To Clarify Group 2 Airplane Definition Delta asked that we revise the definition of Group 2 airplanes in paragraph (g)(2) of the proposed AD, from ‘‘post-mod 112090 airplanes on which the HMCA SW S4.2 is installed’’ to ‘‘airplanes on which the HMCA SW S4.2 is installed in production by embodiment of Mod 112090 or as retrofit, per Airbus Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018.’’ Delta stated that this addition will define the connection between the mod 112090 and Airbus Service Bulletin A350–29–P012, and clarify that the post-mod condition could be driven by production embodiment or retrofit per the referenced service bulletin. We agree with the commenter’s request. We have clarified the definition in paragraph (g)(2) of this AD to include the commenter’s suggested language with minor revisions. E:\FR\FM\24SER1.SGM 24SER1 48205 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations Request To Clarify Parts Prohibition Language Delta asked that we clarify the prohibited parts language specified in paragraph (i) of the proposed AD, from ‘‘an HMCA software pre-mod HMCA SW S4.2’’ to ‘‘an HMCA software prior to Standard 4.2.’’ Delta stated that this change will properly identify the HMCA software nomenclature. We agree with the commenter’s request to clarify the prohibited parts language specified in paragraph (i) of this AD. We have revised paragraph (i) of this AD to refer to ‘‘HMCA software prior to HMCA SW S4.2.’’ While we acknowledge that SW S4.2 constitutes a software standard, we have not included the phrase ‘‘Standard 4.2’’ in this AD because that term is not used in the MCAI. dated February 1, 2018.’’ Airbus stated that this exclusion will limit the applicability and reduce engineering work-hours required for administrative paperwork for future delivery of new airplanes. We disagree with the commenter’s request to limit the applicability. Although the requirement to install updated software, as specified in paragraph (h) of this AD, is limited to airplanes without that software, the prohibition against installing earlier software, as specified in paragraph (i) of this AD, applies to all Model A350–941 airplanes. Without that restriction on all airplanes, installation of earlier software would be allowed on airplanes delivered in the future. Therefore, we have not changed this AD in this regard. Request To Exclude Certain Airplanes Delta asked that paragraph (c), ‘‘Applicability,’’ of the proposed AD be changed from ‘‘all A350–941 airplanes’’ to exclude ‘‘airplanes on which the Mod 112090 has been accomplished in production or retrofit via Airbus Service Bulletin A350–29–P012, Revision 01, We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes: Conclusion • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 Airbus SAS has issued Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018. This service information describes procedures for modifying HMCA software by installing HMCA software S4.2 upgrades. 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. Costs of Compliance We estimate that this AD affects 7 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 2 work-hours × $85 per hour = $170 .......................................................................................... $450 $620 $4,340 daltland on DSKBBV9HB2PROD with RULES Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation in Alaska, and PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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): ■ E:\FR\FM\24SER1.SGM 24SER1 48206 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations 2018–19–19 Airbus SAS: Amendment 39– 19419; Docket No. FAA–2018–0505; Product Identifier 2017–NM–178–AD. (a) Effective Date This AD is effective October 29, 2018. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS Model A350–941 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 29, Hydraulic Power. (e) Reason This AD was prompted by a report of an overheat failure mode of the hydraulic engine-driven pump, which could cause a fast temperature rise of the hydraulic fluid. We are issuing this AD to address high hydraulic fluid temperature combined with an inoperative fuel tank inerting system, which could result in uncontrolled overheating of the hydraulic system and consequent ignition sources inside the fuel tank, which, combined with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definition of Airplane Groups (1) Group 1 airplanes are those on which the hydraulic monitoring and control application (HMCA) software (SW) S4.2 is not installed. (2) Group 2 airplanes are those on which HMCA SW S4.2 is installed in production by embodiment of Mod 112090 or installed inservice as specified in Airbus Service Bulletin A350–29–P012. daltland on DSKBBV9HB2PROD with RULES (h) Software Modification For Group 1 airplanes: Within 30 days after the effective date of this AD, modify the HMCA software by installing HMCA SW S4.2, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018. Where paragraphs 3.C.(1)(a) and 3.C.(2)(a) of Airbus Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018, identify ‘‘SOFTWARE-**’’ and indicate that the ‘‘Software becomes’’ new software: For purposes of this AD, the software titles/descriptions might not match exactly with the airplane and the service information; the old and new software titles/ descriptions are for reference only as an aid to operators. (i) Parts Prohibition At the applicable time specified in paragraph (i)(1) or (i)(2) of this AD: No person may install HMCA software prior to HMCA SW S4.2 on any airplane. (1) For Group 1 airplanes: After accomplishment of the modification required by paragraph (h) of this AD. VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 (2) For Group 2 airplanes: As of the effective date of this AD. (j) Other Acceptable SW Standards and Installation Methods Installation of an HMCA SW standard approved after the effective date of this AD is acceptable for compliance with the corresponding actions required by paragraph (h) of this AD, provided the conditions required by paragraphs (j)(1) and (j)(2) of this AD are met. (1) The HMCA SW standard must be approved by the Manager, International Section, Transport Standards Branch, FAA; the European Aviation Safety Agency (EASA); or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (2) The installation must be accomplished in accordance with the modification instructions approved by the Manager, International Section, Transport Standards Branch, FAA; the EASA; or Airbus SAS’s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (k) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A350–29–P012, dated October 6, 2017. (l) 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 (m)(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 EASA; or Airbus SAS’s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017–0200, dated October 10, 2017, for related information. You may examine the MCAI on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018–0505. (2) For more information about this AD, contact Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3218. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD. (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus Service Bulletin A350–29–P012, Revision 01, dated February 1, 2018. (ii) Reserved. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email continued-airworthiness.a350@airbus.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on September 11, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–20338 Filed 9–21–18; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\24SER1.SGM 24SER1

Agencies

[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48203-48206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0505; Product Identifier 2017-NM-178-AD; Amendment 
39-19419; AD 2018-19-19]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus SAS Model A350-941 airplanes. This AD was prompted by a report 
of an overheat failure mode of the hydraulic engine-driven pump, which 
could cause a fast temperature rise of the hydraulic fluid. This AD 
requires modifying the hydraulic monitoring and control application 
(HMCA) software. We are issuing this AD to address the unsafe condition 
on these products.

[[Page 48204]]


DATES: This AD is effective October 29, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 29, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 45 80; email [email protected]; 
internet http://www.airbus.com. You may view this service information 
at the FAA, Transport Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Airbus SAS Model A350-
941 airplanes. The NPRM published in the Federal Register on June 11, 
2018 (83 FR 26880). The NPRM was prompted by a report of an overheat 
failure mode of the hydraulic engine-driven pump, which could cause a 
fast temperature rise of the hydraulic fluid. The NPRM proposed to 
require modifying the HMCA software. We are issuing this AD to address 
high hydraulic fluid temperature combined with an inoperative fuel tank 
inerting system, which could result in uncontrolled overheating of the 
hydraulic system and consequent ignition sources inside the fuel tank, 
which, combined with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0200, dated October 10, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus SAS Model A350-941 
airplanes. The MCAI states:

    In the Airbus A350 design, the hydraulic fluid cooling system is 
located in the fuel tanks. Recently, an overheat failure mode of the 
hydraulic engine-driven pump (EDP) was found. Such EDP failure may 
cause a fast temperature rise of the hydraulic fluid.
    This condition, if not detected and corrected, combined with an 
inoperative fuel tank inerting system, could lead to an uncontrolled 
overheat of the hydraulic fluid, possibly resulting in ignition of 
the fuel-air mixture in the affected fuel tank.
    To address this potential unsafe condition, Airbus issued a 
Major Event Revision (MER) of the A350 Master Minimum Equipment List 
(MMEL) that incorporates restrictions to avoid an uncontrolled 
overheat of the hydraulic system. Consequently, EASA issued 
Emergency AD 2017-0154-E to require implementation of these dispatch 
restrictions.
    Since EASA Emergency AD 2017-0154-E was issued, following 
further investigation, Airbus issued another MER of the A350 MMEL 
that expands the number of restricted MMEL items. At the same time, 
Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to 
inform all operators about the latest MMEL restrictions. 
Consequently, EASA issued AD 2017-0180, retaining the requirements 
of EASA Emergency AD 2017-0154-E, which was superseded, and 
requiring implementation of the new Airbus A350 MMEL MER and, 
consequently, restrictions for aeroplane dispatch.
    Since EASA AD 2017-0180 was issued, Airbus developed a software 
(SW) update of the Hydraulic Monitoring and Control Application 
(HMCA) SW S4.2, introduction of which avoids uncontrolled overheat 
of the hydraulic system. HMCA SW S4.2 is embodied in production 
through Airbus modification (mod) 112090, and introduced in service 
through Airbus Service Bulletin (SB) A350-29-P012.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0180, which is superseded, and requires 
modification of the aeroplane by installing HMCA SW S4.2.
    This [EASA] AD is still considered to be an interim action and 
further AD action may follow.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) expressed 
support for the NPRM.

Request To Include Revised Service Information

    Delta Air Lines (Delta) requested that Airbus Service Bulletin 
A350-29-P012, Revision 01, dated February 1, 2018, be included in 
paragraph (h) of the proposed AD because the effectivity identified in 
Airbus Service Bulletin A350-29-P012, dated October 6, 2017, is 
incomplete. Delta added that Revision 01 of the service information was 
issued to include all airplanes affected by the HMCA software update 
that were embodied in production.
    We agree with the commenter's request. We have included Airbus 
Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018, in 
this AD. We have added paragraph (k) to this AD to provide credit for 
actions done in accordance with the original issue of the referenced 
service information. Revision 01 of the service information updates 
certain manufacturer serial numbers, but specifies that no additional 
work is necessary.

Request To Clarify Group 2 Airplane Definition

    Delta asked that we revise the definition of Group 2 airplanes in 
paragraph (g)(2) of the proposed AD, from ``post-mod 112090 airplanes 
on which the HMCA SW S4.2 is installed'' to ``airplanes on which the 
HMCA SW S4.2 is installed in production by embodiment of Mod 112090 or 
as retrofit, per Airbus Service Bulletin A350-29-P012, Revision 01, 
dated February 1, 2018.'' Delta stated that this addition will define 
the connection between the mod 112090 and Airbus Service Bulletin A350-
29-P012, and clarify that the post-mod condition could be driven by 
production embodiment or retrofit per the referenced service bulletin.
    We agree with the commenter's request. We have clarified the 
definition in paragraph (g)(2) of this AD to include the commenter's 
suggested language with minor revisions.

[[Page 48205]]

Request To Clarify Parts Prohibition Language

    Delta asked that we clarify the prohibited parts language specified 
in paragraph (i) of the proposed AD, from ``an HMCA software pre-mod 
HMCA SW S4.2'' to ``an HMCA software prior to Standard 4.2.'' Delta 
stated that this change will properly identify the HMCA software 
nomenclature.
    We agree with the commenter's request to clarify the prohibited 
parts language specified in paragraph (i) of this AD. We have revised 
paragraph (i) of this AD to refer to ``HMCA software prior to HMCA SW 
S4.2.'' While we acknowledge that SW S4.2 constitutes a software 
standard, we have not included the phrase ``Standard 4.2'' in this AD 
because that term is not used in the MCAI.

Request To Exclude Certain Airplanes

    Delta asked that paragraph (c), ``Applicability,'' of the proposed 
AD be changed from ``all A350-941 airplanes'' to exclude ``airplanes on 
which the Mod 112090 has been accomplished in production or retrofit 
via Airbus Service Bulletin A350-29-P012, Revision 01, dated February 
1, 2018.'' Airbus stated that this exclusion will limit the 
applicability and reduce engineering work-hours required for 
administrative paperwork for future delivery of new airplanes.
    We disagree with the commenter's request to limit the 
applicability. Although the requirement to install updated software, as 
specified in paragraph (h) of this AD, is limited to airplanes without 
that software, the prohibition against installing earlier software, as 
specified in paragraph (i) of this AD, applies to all Model A350-941 
airplanes. Without that restriction on all airplanes, installation of 
earlier software would be allowed on airplanes delivered in the future. 
Therefore, we have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Service Bulletin A350-29-P012, Revision 01, 
dated February 1, 2018. This service information describes procedures 
for modifying HMCA software by installing HMCA software S4.2 upgrades. 
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.

Costs of Compliance

    We estimate that this AD affects 7 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $450             $620           $4,340
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]


0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):


[[Page 48206]]


2018-19-19 Airbus SAS: Amendment 39-19419; Docket No. FAA-2018-0505; 
Product Identifier 2017-NM-178-AD.

(a) Effective Date

    This AD is effective October 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
Power.

(e) Reason

    This AD was prompted by a report of an overheat failure mode of 
the hydraulic engine-driven pump, which could cause a fast 
temperature rise of the hydraulic fluid. We are issuing this AD to 
address high hydraulic fluid temperature combined with an 
inoperative fuel tank inerting system, which could result in 
uncontrolled overheating of the hydraulic system and consequent 
ignition sources inside the fuel tank, which, combined with 
flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

(f) Compliance

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

(g) Definition of Airplane Groups

    (1) Group 1 airplanes are those on which the hydraulic 
monitoring and control application (HMCA) software (SW) S4.2 is not 
installed.
    (2) Group 2 airplanes are those on which HMCA SW S4.2 is 
installed in production by embodiment of Mod 112090 or installed in-
service as specified in Airbus Service Bulletin A350-29-P012.

(h) Software Modification

    For Group 1 airplanes: Within 30 days after the effective date 
of this AD, modify the HMCA software by installing HMCA SW S4.2, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A350-29-P012, Revision 01, dated February 1, 2018. Where 
paragraphs 3.C.(1)(a) and 3.C.(2)(a) of Airbus Service Bulletin 
A350-29-P012, Revision 01, dated February 1, 2018, identify 
``SOFTWARE-**'' and indicate that the ``Software becomes'' new 
software: For purposes of this AD, the software titles/descriptions 
might not match exactly with the airplane and the service 
information; the old and new software titles/descriptions are for 
reference only as an aid to operators.

(i) Parts Prohibition

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD: No person may install HMCA software prior to HMCA SW 
S4.2 on any airplane.
    (1) For Group 1 airplanes: After accomplishment of the 
modification required by paragraph (h) of this AD.
    (2) For Group 2 airplanes: As of the effective date of this AD.

(j) Other Acceptable SW Standards and Installation Methods

    Installation of an HMCA SW standard approved after the effective 
date of this AD is acceptable for compliance with the corresponding 
actions required by paragraph (h) of this AD, provided the 
conditions required by paragraphs (j)(1) and (j)(2) of this AD are 
met.
    (1) The HMCA SW standard must be approved by the Manager, 
International Section, Transport Standards Branch, FAA; the European 
Aviation Safety Agency (EASA); or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (2) The installation must be accomplished in accordance with the 
modification instructions approved by the Manager, International 
Section, Transport Standards Branch, FAA; the EASA; or Airbus SAS's 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Service Bulletin A350-29-P012, dated 
October 6, 2017.

(l) 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 (m)(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 EASA; or Airbus 
SAS's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0200, dated October 10, 2017, for related 
information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0505.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A350-29-P012, Revision 01, dated 
February 1, 2018.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80; email [email protected].
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Des Moines, Washington, on September 11, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-20338 Filed 9-21-18; 8:45 am]
 BILLING CODE 4910-13-P