Airworthiness Directives; Airbus SAS Airplanes, 55953-55956 [2018-24394]

Download as PDF Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations § 1208.30 Credible fear determinations involving stowaways and applicants for admission who are found inadmissible pursuant to section 212(a)(6)(C) or 212(a)(7) of the Act or whose entry is limited or suspended under section 212(f) or 215(a)(1) of the Act. * * * * * (g) * * * (1) Review by immigration judge of a mandatory bar finding. If the alien is determined to be an alien described in 8 CFR 208.13(c)(3) or 1208.13(c)(3) and is determined to lack a reasonable fear under 8 CFR 208.30(e)(5), the immigration judge shall first review de novo the determination that the alien is described in 8 CFR 208.13(c)(3) or 1208.13(c)(3). If the immigration judge finds that the alien is not described in 8 CFR 208.13(c)(3) or 1208.13(c)(3), then the immigration judge shall vacate the order of the asylum officer, and DHS may commence removal proceedings under section 240 of the Act. If the immigration judge concurs with the credible fear determination that the alien is an alien described in 8 CFR 208.13(c)(3) or 1208.13(c)(3), the immigration judge will then review the asylum officer’s negative decision regarding reasonable fear made under 8 CFR 208.30(e)(5) consistent with paragraph (g)(2) of this section, except that the immigration judge will review the findings under the reasonable fear standard instead of the credible fear standard described in paragraph (g)(2). * * * * * Dated: November 6, 2018. Jefferson B. Sessions III, Attorney General. [FR Doc. 2018–24594 Filed 11–8–18; 4:15 pm] BILLING CODE 4410–30–P; 9111–97–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0589; Product Identifier 2018–NM–021–AD; Amendment 39–19489; AD 2018–23–03] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. khammond on DSK30JT082PROD with RULES AGENCY: We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A318 and A319 series airplanes; Model A320–211, –212, SUMMARY: VerDate Sep<11>2014 16:00 Nov 08, 2018 Jkt 247001 –214, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes. This AD was prompted by reports of false resolution advisories (RAs) from certain traffic collision avoidance systems (TCASs). This AD requires modification or replacement of certain TCAS processors. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 14, 2018. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 14, 2018. ADDRESSES: For service information identified in this final rule, contact Honeywell Aerospace, Technical Publications and Distribution, M/S 2101–201, P.O. Box 52170, Phoenix, AZ 85072–2170; phone: 602–365–5535; fax: 602–365–5577; internet: https:// www.honeywell.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 https://www.regulations.gov by searching for and locating Docket No. FAA–2018– 0589. 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– 0589; 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 U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7367; fax 516–794–5531. 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 certain Airbus SAS Model A318 and A319 series airplanes; Model PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 55953 A320–211, –212, –214, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes. The NPRM published in the Federal Register on July 10, 2018 (83 FR 31911). The NPRM was prompted by reports of false RAs from certain TCASs. The NPRM proposed to require modification or replacement of certain TCAS processors. We are issuing this AD to address the occurrence of false RAs from the TCAS, which could lead to a loss of separation from other airplanes, possibly resulting in a mid-air collision. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017–0196, dated October 5, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Airbus SAS Model A318 and A319 series airplanes; Model A320–211, –212, –214, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes. The MCAI states: Since 2012, a number of false TCAS resolution advisories (RA) have been reported by various European Air Navigation Service Providers. EASA has published certification guidance material for collision avoidance systems (AMC 20–15) which defines a false TCAS RA as an RA that is issued, but the RA condition does not exist. It is possible that more false (or spurious) RA events have occurred, but were not recorded or reported. The known events were mainly occurring on Airbus single-aisle (A320 family) aeroplanes, although several events have also occurred on Airbus A330 aeroplanes. Investigation determined that the false RAs are caused on aeroplanes with a Honeywell TPA–100B TCAS processor installed, P/N [part number] 940–0351–001. This was caused by a combination of three factors: (1) Hybrid surveillance enabled; (2) processor connected to a hybrid GPS [global positioning system] source, without a direct connection to a GPS source; and (3) an encounter with an intruder aeroplane with noisy (jumping) ADS–B Out position. EASA previously published Safety Information Bulletin (SIB) 2014–33 to inform owners and operators of affected aeroplanes about this safety concern. At that time, the false RAs were not considered an unsafe condition. Since the SIB was issued, further events have been reported, involving a third aeroplane. This condition, if not corrected, could lead to a loss of separation with other aeroplanes, possibly resulting in a mid-air collision. Prompted by these latest findings, and after review of the available information, EASA reassessed the severity and rate of occurrence of false RAs and has decided that mandatory action must be taken to reduce the rate of occurrence, and the risk of loss of separation with other aeroplanes. Honeywell International Inc. published Service Bulletin E:\FR\FM\09NOR1.SGM 09NOR1 55954 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations (SB) 940–0351–34–0005 [Publication Number D201611000002] to provide instructions for an upgrade, introducing software version 05/ 01, changing the processor unit to P/N 940– 0351–005. EASA previously issued AD 2017–0091 (later revised) to address the unsafe condition on aeroplanes that had the P/N 940–0351– 001 processor installed by Airbus major change or SB. However, part of the fleet had the same P/N installed by STC [supplemental type certificate]. The relevant STC approval holders (see section Remarks of this [EASA] AD for contact details) have been notified and modification instructions (see section Ref. Publications of this [EASA] AD) can be obtained from those companies. For the reason described above, this [EASA] AD requires modification or replacement of Honeywell TPA–100B P/N 940–0351–001 TCAS processors. This [EASA] AD also prohibits installation of those processors on post-mod aeroplanes. 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– 0589. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comment received on the NPRM and the FAA’s response to that comment. Request To Withdraw the NPRM Delta Air Lines (DAL) observed that the proposed AD is redundant to AD September 18, 2017; and PMV Engineering has issued Service Bulletin AVI–00690–SB–S99–R01, Revision 01, dated October 5, 2017. This service information, provided by the applicable design change FAA STC approval holders, describes the modification or replacement of the Honeywell TPA– 100B TCAS processor. These documents are distinct because they apply to airplanes having different STCs installed. 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. 2018–06–01, Amendment 39–19221 (83 FR 12852, March 26, 2018) (‘‘AD 2018– 06–01’’), because they both address the modification or replacement of a TCAS processor. We infer a request to withdraw the NPRM. We disagree because this AD pertains to aircraft that have had their TCAS processor modified by an FAA-validated supplemental type certificate (STC), whereas AD 2018–06–01 pertains to the aircraft type certificate (TC) and the TCAS processor modification required by that AD does not include airplanes modified by an FAA STC. We have made no change to this AD in this regard. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule as proposed, except for 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. Other Related Service Information Honeywell International, Inc., has issued Service Bulletin 940–0351–34– 0005, Revision 2, dated December 1, 2017. This service information describes procedures for updating the software of the Honeywell TPA–100B TCAS processor either on the airplane or at an authorized service center. Costs of Compliance We estimate that this AD affects 1209 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Related Service Information Under 1 CFR Part 51 H4 Aerospace has issued Service Bulletin H4ASB009, Issue 1, dated ESTIMATED COSTS Cost on U.S. operators Action Labor cost Parts cost Cost per product Modification ................ 1 work-hour × $85 per hour = $85 ................. Up to $1,623 .............. Up to $1,708 .............. Up to $2,064,972. ESTIMATED COSTS FOR OPTIONAL ACTIONS Action Labor cost Replacement .................................... 1 work-hour × $85 per hour = $85 ............................................................ khammond on DSK30JT082PROD with RULES According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more VerDate Sep<11>2014 16:00 Nov 08, 2018 Jkt 247001 Parts cost 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 $121,993 Cost per product $122,078 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. E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations 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 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): ■ 2018–23–03 Airbus SAS: Amendment 39– 19489; Docket No. FAA–2018–0589; Product Identifier 2018–NM–021–AD. (a) Effective Date This AD is effective December 14, 2018. khammond on DSK30JT082PROD with RULES (c) Applicability This AD applies to the Airbus SAS airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, certificated in any category, if modified by H4 Aerospace Supplemental Type Certificate (STC) ST03708NY or PMV Engineering STC ST03835NY. (1) Model A318–111, –112, –121, and –122 airplanes. (2) Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes. 16:00 Nov 08, 2018 Jkt 247001 (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Reason This AD was prompted by reports of false resolution advisories (RAs) from certain traffic collision avoidance systems (TCASs). We are issuing this AD to address the occurrence of false RAs from the TCAS, which could lead to a loss of separation from other airplanes, possibly resulting in a midair collision. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definition of an Affected TCAS Processor For the purposes of this AD, an affected TCAS processor is defined as a Honeywell TPA–100B TCAS processor having part number (P/N) 940–0351–001. (h) Modification or Replacement of TCAS Processor Within 12 months after the effective date of this AD: Update the software of the affected TCAS processor and change the part number to P/N 940–0351–005, or replace the affected TCAS processor with a TPA–100B TCAS processor P/N 940–0351–005, in accordance with the Accomplishment Instructions of H4 Aerospace Service Bulletin H4ASB009, Issue 1, dated September 18, 2017; or PMV Engineering Service Bulletin AVI–00690–SB–S99–R01, Revision 01, dated October 5, 2017; as applicable. Note 1 to paragraph (h) of this AD: Guidance for accomplishing the actions required by paragraph (h) of this AD can be found in Honeywell Service Bulletin 940– 0351–34–0005, Revision 2, dated December 1, 2017. (i) Parts Installation Prohibition After modification or replacement of the TCAS processor as required by paragraph (h) of this AD, no person may install on that airplane an affected TCAS processor, as defined in paragraph (g) of this AD. (j) Other FAA AD Provisions (b) Affected ADs None. VerDate Sep<11>2014 (3) Model A320–211, –212, –214, –231, –232, and –233 airplanes. (4) Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes. 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 55955 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 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. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017–0196, dated October 5, 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–2018–0589. (2) For more information about this AD, contact Steven Dzierzynski, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228– 7367; fax 516–794–5531. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD. (l) 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) H4 Aerospace Service Bulletin H4ASB009, Issue 1, dated September 18, 2017. (ii) PMV Engineering Service Bulletin AVI– 00690–SB–S99–R01, Revision 01, dated October 5, 2017. (3) For service information identified in this AD, contact Honeywell Aerospace, Technical Publications and Distribution, M/ S 2101–201, P.O. Box 52170, Phoenix, AZ 85072–2170; phone: 602–365–5535; fax: 602– 365–5577; internet: https:// www.honeywell.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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. E:\FR\FM\09NOR1.SGM 09NOR1 55956 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Rules and Regulations Issued in Des Moines, Washington, on October 26, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. Farallones National Marine Sanctuary, 991 Marine Drive, The Presidio, San Francisco, CA 94129. Copies of the final EA and the final rule can also be viewed or downloaded at https:// farallones.noaa.gov/manage/ regulations.html or at www.regulations.gov (search for docket NOAA–NOS–2017–0140). FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at Maria.Brown@ noaa.gov or 415–561–6622. SUPPLEMENTARY INFORMATION: [FR Doc. 2018–24394 Filed 11–8–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 170315274–7274–01] I. Background and Purpose of Regulatory Change RIN 0648–BG73 Vessel and Aircraft Discharges From United States Coast Guard in Greater Farallones and Cordell Bank National Marine Sanctuaries Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Final rule. AGENCY: With this final rule, the National Oceanic and Atmospheric Administration (NOAA) is allowing the United States Coast Guard (USCG or Coast Guard) to carry out certain otherwise prohibited activities within waters of Greater Farallones National Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) beyond approximately 3 nautical miles (nm) from the shore, in the areas of the sanctuaries that were expanded in 2015. This final rule will further the ability of the USCG to complete its mission requirements and NOAA’s policy of facilitating uses of the sanctuaries to the extent compatible with resource protection. There is no change to the regulatory prohibitions or exceptions applicable to the preexpansion boundaries of the two sanctuaries. NOAA published a proposed rule and draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) on November 22, 2017. NOAA received written and oral public comments on the proposed rule and draft EA, and NOAA considers and responds to the comments in this final rule and the final EA. DATES: This final rule is effective on December 10, 2018. ADDRESSES: Copies of the final EA described in this rule and the Finding of No Significant Impact (FONSI) are available upon written request from Maria Brown, Superintendent, Greater khammond on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:00 Nov 08, 2018 Jkt 247001 A. Introduction On March 12, 2015, NOAA expanded the boundaries of GFNMS and CBNMS to an area north and west of their previous boundaries. In that rule, pursuant to a request from the USCG, NOAA announced that it would postpone the effective date for the discharge requirements in both expansion areas (defined as the areas that were added to the existing 1981 and 1989 boundaries for GFNMS and CBNMS, respectively) with regard to USCG activities. The purpose of the postponement was to look at ways to address Coast Guard’s concerns that the discharge regulations would impair the operations of Coast Guard vessels in, and aircraft over, the sanctuaries, and to consider, among other things, whether to exempt Coast Guard activities in both sanctuary expansion areas. This final rule allows the USCG to carry out otherwise prohibited discharges within waters of the expansion areas of GFNMS and CBNMS seaward of approximately 3 nm from the shore, as described in more detail below.1 In formulating this final rule, NOAA considered a number of factors discussed more fully in the final EA, including the ability of the USCG to complete its mission requirements and the policy of facilitating uses of the sanctuaries to the extent compatible with resource protection. B. Greater Farallones and Cordell Bank National Marine Sanctuaries NOAA is charged with managing areas of the marine environment that are of special national significance as the National Marine Sanctuary System (16 U.S.C. 1431(b)(1)). The Office of National Marine Sanctuaries (ONMS) is 1 The specific boundary lines that designate the areas where the new discharge exceptions for certain USCG activities applies are identified by coordinates included in appendices to the regulatory text. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 the federal office within NOAA that manages the National Marine Sanctuary System (System). The mission of ONMS is to identify, protect, conserve, and enhance the natural and cultural resources, values, and qualities of the System for this and future generations throughout the nation. This System includes 13 national marine sanctuaries, among them GFNMS and CBNMS. ONMS also manages Papaha¯naumokua¯kea and Rose Atoll marine national monuments. GFNMS was designated in 1981 and protects approximately 3,295 square miles (2,488 square nm). CBNMS was designated in 1989 and protects approximately 1,286 square miles (971 square nm). NOAA expanded both sanctuaries to their current size on March 12, 2015 (80 FR 13078). When referring to the expansion areas of the sanctuaries, NOAA means the areas that were added to the existing 1981 and 1989 boundaries for GFNMS and CBNMS, respectively. Both GFNMS and CBNMS regulations prohibit discharging or depositing, from within or into the sanctuary, any material or other matter (15 CFR 922.82(a)(2), (3) and 15 CFR 922.112(a)(2)(i) and (ii)). Both GFNMS and CBNMS regulations also prohibit discharging or depositing, from beyond the boundary of the sanctuary, any material or other matter that subsequently enters the sanctuary and injures a sanctuary resource or quality (15 CFR 922.82(a)(4); 15 CFR 922.112(a)(2)(iii)). Most national marine sanctuaries have similar regulatory prohibitions. The discharge prohibitions are aimed at maintaining and improving water quality within national marine sanctuaries to enhance conditions for their living marine resources. The discharge prohibitions include the following exceptions relevant to the final action: • For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device that is approved in accordance with section 312 of the Federal Water Pollution Control Act,2 as amended (FWPCA); vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage (15 CFR 922.82(a)(2)(ii) and 922.112(a)(2)(i)(B)); • For a vessel less than 300 GRT, or a vessel 300 GRT or greater without sufficient holding tank capacity to hold 2 The Federal Water Pollution Control Act is more commonly referred to as the Clean Water Act. E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Rules and Regulations]
[Pages 55953-55956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24394]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0589; Product Identifier 2018-NM-021-AD; Amendment 
39-19489; AD 2018-23-03]
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 certain 
Airbus SAS Model A318 and A319 series airplanes; Model A320-211, -212, 
-214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. This AD was prompted by 
reports of false resolution advisories (RAs) from certain traffic 
collision avoidance systems (TCASs). This AD requires modification or 
replacement of certain TCAS processors. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 14, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 14, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Honeywell Aerospace, Technical Publications and Distribution, 
M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; phone: 602-365-
5535; fax: 602-365-5577; internet: https://www.honeywell.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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0589.

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-
0589; 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 U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace 
Engineer, Avionics and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7367; fax 516-794-5531.

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 certain Airbus SAS Model 
A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, 
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. The NPRM published in the Federal Register on 
July 10, 2018 (83 FR 31911). The NPRM was prompted by reports of false 
RAs from certain TCASs. The NPRM proposed to require modification or 
replacement of certain TCAS processors.
    We are issuing this AD to address the occurrence of false RAs from 
the TCAS, which could lead to a loss of separation from other 
airplanes, possibly resulting in a mid-air collision.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0196, dated October 5, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus SAS Model A318 and A319 
series airplanes; Model A320-211, -212, -214, -231, -232, and -233 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and 
-232 airplanes. The MCAI states:

    Since 2012, a number of false TCAS resolution advisories (RA) 
have been reported by various European Air Navigation Service 
Providers. EASA has published certification guidance material for 
collision avoidance systems (AMC 20-15) which defines a false TCAS 
RA as an RA that is issued, but the RA condition does not exist. It 
is possible that more false (or spurious) RA events have occurred, 
but were not recorded or reported. The known events were mainly 
occurring on Airbus single-aisle (A320 family) aeroplanes, although 
several events have also occurred on Airbus A330 aeroplanes. 
Investigation determined that the false RAs are caused on aeroplanes 
with a Honeywell TPA-100B TCAS processor installed, P/N [part 
number] 940-0351-001. This was caused by a combination of three 
factors: (1) Hybrid surveillance enabled; (2) processor connected to 
a hybrid GPS [global positioning system] source, without a direct 
connection to a GPS source; and (3) an encounter with an intruder 
aeroplane with noisy (jumping) ADS-B Out position.
    EASA previously published Safety Information Bulletin (SIB) 
2014-33 to inform owners and operators of affected aeroplanes about 
this safety concern. At that time, the false RAs were not considered 
an unsafe condition. Since the SIB was issued, further events have 
been reported, involving a third aeroplane.
    This condition, if not corrected, could lead to a loss of 
separation with other aeroplanes, possibly resulting in a mid-air 
collision.
    Prompted by these latest findings, and after review of the 
available information, EASA reassessed the severity and rate of 
occurrence of false RAs and has decided that mandatory action must 
be taken to reduce the rate of occurrence, and the risk of loss of 
separation with other aeroplanes. Honeywell International Inc. 
published Service Bulletin

[[Page 55954]]

(SB) 940-0351-34-0005 [Publication Number D201611000002] to provide 
instructions for an upgrade, introducing software version 05/01, 
changing the processor unit to P/N 940-0351-005.
    EASA previously issued AD 2017-0091 (later revised) to address 
the unsafe condition on aeroplanes that had the P/N 940-0351-001 
processor installed by Airbus major change or SB. However, part of 
the fleet had the same P/N installed by STC [supplemental type 
certificate]. The relevant STC approval holders (see section Remarks 
of this [EASA] AD for contact details) have been notified and 
modification instructions (see section Ref. Publications of this 
[EASA] AD) can be obtained from those companies.
    For the reason described above, this [EASA] AD requires 
modification or replacement of Honeywell TPA-100B P/N 940-0351-001 
TCAS processors. This [EASA] AD also prohibits installation of those 
processors on post-mod aeroplanes.

    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-
0589.

Comments

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

Request To Withdraw the NPRM

    Delta Air Lines (DAL) observed that the proposed AD is redundant to 
AD 2018-06-01, Amendment 39-19221 (83 FR 12852, March 26, 2018) (``AD 
2018-06-01''), because they both address the modification or 
replacement of a TCAS processor. We infer a request to withdraw the 
NPRM.
    We disagree because this AD pertains to aircraft that have had 
their TCAS processor modified by an FAA-validated supplemental type 
certificate (STC), whereas AD 2018-06-01 pertains to the aircraft type 
certificate (TC) and the TCAS processor modification required by that 
AD does not include airplanes modified by an FAA STC. We have made no 
change to this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule as proposed, except for 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.

Related Service Information Under 1 CFR Part 51

    H4 Aerospace has issued Service Bulletin H4ASB009, Issue 1, dated 
September 18, 2017; and PMV Engineering has issued Service Bulletin 
AVI-00690-SB-S99-R01, Revision 01, dated October 5, 2017. This service 
information, provided by the applicable design change FAA STC approval 
holders, describes the modification or replacement of the Honeywell 
TPA-100B TCAS processor. These documents are distinct because they 
apply to airplanes having different STCs installed. 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.

Other Related Service Information

    Honeywell International, Inc., has issued Service Bulletin 940-
0351-34-0005, Revision 2, dated December 1, 2017. This service 
information describes procedures for updating the software of the 
Honeywell TPA-100B TCAS processor either on the airplane or at an 
authorized service center.

Costs of Compliance

    We estimate that this AD affects 1209 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Modification...................  1 work-hour x $85 per   Up to $1,623.....  Up to $1,708.....  Up to $2,064,972.
                                  hour = $85.
----------------------------------------------------------------------------------------------------------------


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  1 work-hour x $85 per hour = $85...        $121,993        $122,078
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This 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.

[[Page 55955]]

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):

2018-23-03 Airbus SAS: Amendment 39-19489; Docket No. FAA-2018-0589; 
Product Identifier 2018-NM-021-AD.

(a) Effective Date

    This AD is effective December 14, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in 
paragraphs (c)(1) through (c)(4) of this AD, certificated in any 
category, if modified by H4 Aerospace Supplemental Type Certificate 
(STC) ST03708NY or PMV Engineering STC ST03835NY.
    (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, -231, -232, and -233 airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of false resolution advisories 
(RAs) from certain traffic collision avoidance systems (TCASs). We 
are issuing this AD to address the occurrence of false RAs from the 
TCAS, which could lead to a loss of separation from other airplanes, 
possibly resulting in a mid-air collision.

(f) Compliance

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

(g) Definition of an Affected TCAS Processor

    For the purposes of this AD, an affected TCAS processor is 
defined as a Honeywell TPA-100B TCAS processor having part number 
(P/N) 940-0351-001.

(h) Modification or Replacement of TCAS Processor

    Within 12 months after the effective date of this AD: Update the 
software of the affected TCAS processor and change the part number 
to P/N 940-0351-005, or replace the affected TCAS processor with a 
TPA-100B TCAS processor P/N 940-0351-005, in accordance with the 
Accomplishment Instructions of H4 Aerospace Service Bulletin 
H4ASB009, Issue 1, dated September 18, 2017; or PMV Engineering 
Service Bulletin AVI-00690-SB-S99-R01, Revision 01, dated October 5, 
2017; as applicable.

    Note 1 to paragraph (h) of this AD:  Guidance for accomplishing 
the actions required by paragraph (h) of this AD can be found in 
Honeywell Service Bulletin 940-0351-34-0005, Revision 2, dated 
December 1, 2017.

(i) Parts Installation Prohibition

    After modification or replacement of the TCAS processor as 
required by paragraph (h) of this AD, no person may install on that 
airplane an affected TCAS processor, as defined in paragraph (g) of 
this AD.

(j) 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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0196, dated October 5, 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-2018-0589.
    (2) For more information about this AD, contact Steven 
Dzierzynski, Aerospace Engineer, Avionics and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7367; fax 516-794-
5531.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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) H4 Aerospace Service Bulletin H4ASB009, Issue 1, dated 
September 18, 2017.
    (ii) PMV Engineering Service Bulletin AVI-00690-SB-S99-R01, 
Revision 01, dated October 5, 2017.
    (3) For service information identified in this AD, contact 
Honeywell Aerospace, Technical Publications and Distribution, M/S 
2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; phone: 602-365-
5535; fax: 602-365-5577; internet: https://www.honeywell.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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 55956]]


    Issued in Des Moines, Washington, on October 26, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-24394 Filed 11-8-18; 8:45 am]
 BILLING CODE 4910-13-P

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