Airworthiness Directives; Zodiac Aero Evacuation Systems (also known as Air Cruisers Company), 59290-59295 [2018-25003]
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
(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):
■
2018–23–01 Zodiac Seats France (formerly
SICMA Aero Seat): Amendment 39–19487;
Docket No. FAA–2017–0632; Product
Identifier 2017–NE–16–AD.
(a) Effective Date
This AD is effective December 28, 2018.
(b) Affected ADs
None.
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(d) Subject
Joint Aircraft System Component (JASC)
Code 2500, Cabin Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by cracks found in
a highly concentrated stress area of the seat
pan hinges. We are issuing this AD to prevent
failure of affected seats. The unsafe
condition, if not addressed, could result in
injury to the seat occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
16:13 Nov 21, 2018
(1) Before exceeding 2,500 flight cycles
(FCs), or within 100 FCs after the effective
date of this AD, whichever occurs later,
inspect the seat pan structure in both
deployed and stowed positions using
paragraph 2.A., Accomplishment
Instructions, of Zodiac Seats France Service
Bulletin (SB) No. 536–25–003, Rev. 3, dated
June 2, 2017.
(2) If cracks are found, before the next
flight:
(i) Replace seat pan with reinforced seat
pan, P/N F0511530, using paragraph 2.B.,
Accomplishment Instructions, of Zodiac
Seats France SB No. 536–25–003, Rev. 3,
dated June 2, 2017.
(ii) Re-mark the seat using paragraph 2.C.,
Accomplishment Instructions, of Zodiac
Seats France SB No. 536–25–003, Rev. 3,
dated June 2, 2017.
(3) If no cracks are found, do the following:
(i) Re-mark the seat using paragraph 2.C.,
Accomplishment Instructions, of Zodiac
Seats France SB No. 536–25–003, Rev. 3,
dated June 2, 2017.
(ii) Reinspect the seat pan every 100 FCs
since last inspection, or replace seat pan with
reinforced seat pan, P/N F0511530, using
paragraph 2.B., Accomplishment.
Instructions, of Zodiac Seats France SB No.
536–25–003, Rev. 3, dated June 2, 2017.
(4) After the effective date of this AD, and
until compliance with this AD is
accomplished, stow and secure an affected
attendant seat in the retracted position to
prevent occupancy, in accordance with the
provisions and limitations of the applicable
Master Minimum Equipment List item.
(h) Optional Terminating Action
Installation of a reinforced seat pan, P/N
F0511530, using paragraph 2.B.,
Accomplishment Instructions, of Zodiac
Seats France SB No. 536–25–003, Rev. 3,
dated June 2, 2017, is terminating action to
this AD.
(i) Credit for Previous Actions
(c) Applicability
(1) This AD applies to all Zodiac Seats
France Cabin Attendant Seats, 536 Series,
part numbers (P/N) 53600, all dash numbers,
and all serial numbers, with seat pan P/N
F0433453, installed.
(2) These appliances are installed on, but
not limited to, ATR 42 and ATR 72 airplanes
of U.S. registry.
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(g) Required Actions
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You may take credit for inspections and
modifications performed in accordance with
Zodiac Seats France SB No. 536–25–003,
Rev. 2, dated September 16, 2016, or earlier
versions, if you performed these actions
before the effective date of this AD.
(k) Related Information
(1) For more information about this AD,
contact Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, FAA, 1200 District
Avenue, Burlington, MA, 01803; phone: 781–
238–7693; fax: 781–238–7199; email:
dorie.resnik@faa.gov.
(2) Refer to MCAI EASA AD 2017–0001,
dated January 6, 2017, for more information.
You may examine the MCAI in the AD
docket on the internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2017–0632.
(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 the AD specifies otherwise.
(i) Zodiac Seats France Service Bulletin
No. 536–25–003, Rev. 3, dated June 2, 2017.
(ii) [Reserved.]
(3) For Zodiac Seats France service
information identified in this AD, contact
Zodiac Seats France, Rue Robert Marechal
Senior B.P. 69, 36100 Issoudun, France;
phone: +33 (0) 2 54 03 39 39; fax: +33 (0) 2
54 03 39 00; email: zs.tac@
zodiacaerospace.com; internet: https://
services.zodiacaerospace.com.
(4) You may view this service information
at FAA, Engine & Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA, 01803. For information on the
availability of this material at the FAA, call
781–238–7759.
(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.
Issued in Burlington, Massachusetts, on
November 16, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
[FR Doc. 2018–25436 Filed 11–21–18; 8:45 am]
BILLING CODE 4910–13–P
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Boston 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
ACO Branch, send it to the attention of the
person identified in paragraph (k)(1) of this
AD. You may email your request to: 9-aneboston-aco-amocrequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9392; Product
Identifier 2016–NM–003–AD; Amendment
39–19499; AD 2018–23–12]
RIN 2120–AA64
Airworthiness Directives; Zodiac Aero
Evacuation Systems (also known as
Air Cruisers Company)
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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ACTION:
Final rule.
We are adopting a new
airworthiness directive (AD) for Zodiac
Aero Evacuation Systems (also known
as Air Cruisers Company) fusible plugs
installed on emergency evacuation
equipment for various transport
category airplanes. This AD was
prompted by reports indicating that
affected fusible plugs activated (vented
gas) below the rated temperature. This
AD requires an inspection of the fusible
plugs to determine the part number and
lot number, and replacement of all
affected fusible plugs. We are issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective December
28, 2018.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 28, 2018.
ADDRESSES: For service information
identified in this final rule, contact Air
Cruisers, 1747 State Route 34, Wall
Township, NJ 07727–3935; phone 732–
681–3527; email technicalpublications@
zodiacaerospace.com. You may view
this service information at the FAA,
Transport Standards Branch, 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–2016–
9392.
SUMMARY:
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Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9392; or in person at 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:
Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7323; fax 516–794–5531; email
9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
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Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to Zodiac Aero Evacuation
Systems (also known as Air Cruisers
Company) fusible plugs installed on
emergency evacuation equipment for
various transport category airplanes.
The NPRM published in the Federal
Register on November 18, 2016 (81 FR
81709). The NPRM was prompted by
reports indicating that affected fusible
plugs activated (vented gas) below the
rated temperature. The NPRM proposed
to require an inspection of the fusible
plugs to determine the part number and
lot number, and replacement of all
affected fusible plugs.
We subsequently issued a
supplemental NPRM (SNPRM) that was
published in the Federal Register on
January 24, 2018 (83 FR 3283). The
SNPRM proposed to extend the
compliance time, clarify the
applicability, and clarify certain
requirements.
We are issuing this AD to address
fusible plugs that might activate below
the rated temperature and render the
evacuation system unusable.
Comments
We gave the public the opportunity to
participate in developing this final rule.
The following presents the comments
received on the SNPRM and the FAA’s
response to each comment.
Request to Extend Compliance Time
Airlines for America (A4A), on behalf
of its members, requested that we
extend the compliance time specified in
paragraph (h) of the proposed AD (in the
SNPRM). A4A stated that the extended
compliance time of 42 months after the
effective date (in paragraph (g) of the
proposed AD (in the SNPRM)) had an
unintended consequence in the reworded compliance paragraph (h) of the
proposed AD (in the SNPRM). A4A
noted that while the allowance for
maintenance records inspection was
added, the words ‘‘[b]efore further
flight’’ remained. A4A concluded that
the current version means that either a
planeside finding or a maintenance
records discovery will each require
action before further flight. A4A stated
that while a finding by direct inspection
will happen only in a shop and not
affect operation of any aircraft, the
accommodation for records review
could immediately ground an in-service
aircraft. A4A requested that we allow 42
months for the replacement if a records
review was done.
We agree to revise the compliance
time in paragraph (h) of this AD because
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59291
we have determined that a compliance
time of 42 months to replace the
affected part addresses the unsafe
condition and provides an acceptable
level of safety. We have revised
paragraph (h) of the AD to specify a 42month compliance time for the
replacement.
Request To Specify Serial Numbers
All Nippon Airways (ANA) requested
that we revise paragraph (c) of the
proposed AD (in the SNPRM) to refer to
service information that specifies the
serial numbers and not only the part
numbers of the affected emergency
equipment. ANA stated that identifying
affected [parts] by only the part number
means that even after expiration of the
compliance time specified in the
proposed AD, the inspection must be
continued every time the affected
emergency equipment is purchased.
ANA stated that the serial number of the
affected emergency equipment should
be specified in the service information
listed in paragraph (c) of the proposed
AD (in the SNPRM) in order to prevent
endless inspections.
We do not agree because specific
serial numbers for the affected
emergency equipment have not been
identified. In addition, since the fusible
plugs are rotable we cannot limit the
applicability to only the known
emergency equipment on which the
fusible plugs were initially installed.
Therefore, in order to address the
identified unsafe condition, all fusible
plugs installed on emergency
evacuation equipment identified in the
service information specified in
paragraph (c) of this AD must be
inspected as specified in paragraph (g)
of this AD. When installing new
equipment on an airplane, operators
must ensure the newly installed part is
not one of the affected parts by
complying with the parts installation
prohibition specified in paragraph (i) of
this AD. We have not changed this AD
in this regard.
Request To Refer to Service
Information
Southwest Airlines (SWA) and A4A,
on behalf of its members, requested that
we refer to service information for
accomplishing the actions specified in
paragraph (g) of the proposed AD (in the
SNPRM). SWA stated that the Air
Cruisers service bulletins listed in
paragraphs (c)(1) through (c)(16) of the
proposed AD (in the SNPRM) have steps
to inspect for the affected fusible plugs
and to remove fusible plugs that are
stamped with Lot PA–21 or PA–22.
SWA noted that the service bulletins
have been incorporated into the various
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Air Cruisers component maintenance
manuals (CMMs). A4A stated that the
service bulletins and CMMs specify an
inspection for the suspect fusible plug
lot numbers and replacement if found.
A4A and SWA also stated that
maintenance records would not indicate
the level of detail of the fusible plug
part numbers and lot numbers installed.
SWA stated that the revision of the
CMM used to make the components
serviceable is noted on FAA Form
8130–3. A4A also stated that access to
the fusible plug part number and lot
number is not achievable planeside, and
noted that the equipment manufacturer
recommends the system to be unpacked
and inspected in the slide shop. SWA
and A4A requested that paragraph (g) of
the proposed AD (in the SNPRM) be
revised to specify accomplishing the
inspection in accordance with the
applicable service information specified
in paragraphs (c)(1) through (c)(16) of
the proposed AD (in the SNPRM) and/
or the applicable component
maintenance manuals.
We do not agree with revising
paragraph (g) of this AD to mandate
service information because this AD
does not require operators to
accomplish the inspection using a
specific method. However, we do agree
that operators should be aware of the
service information that can be used to
do the inspection specified in paragraph
(g) of this AD. Therefore, we have added
Note 1 to paragraph (g) of this AD to
specify service bulletins and CMMs that
provide guidance for performing the
inspection. We have redesignated
subsequent notes in this AD
accordingly.
We also acknowledge the
commenters’ statement that the records
review might not be conclusive. As
stated in paragraph (g) of this AD, the
records review is allowed only if
operators can conclusively determine
the part number and lot number. For
operators that do not have records that
can conclusively determine the part
number and lot number, the inspection
must be done.
Request To Remove Paragraph (h) of
the Proposed AD (in the SNPRM)
SWA requested that we remove
paragraph (h) of the proposed AD (in the
SNPRM). SWA stated that paragraph (h)
of the proposed AD (in the SNPRM)
would require immediate removal of the
emergency equipment if an inspection
or a records review determines an
affected part is installed. SWA
suggested that paragraph (h) of the
proposed AD (in the SNPRM) be deleted
because it is unnecessary. SWA stated
the emergency equipment must be
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removed from the aircraft in order to
inspect for the affected fusible plug.
SWA noted the component maintenance
documents do not provide the level of
detail of the fusible plug part numbers
and lot numbers installed.
We do not agree with removing
paragraph (h) of this AD because in
order to address the unsafe condition
the affected fusible plug must not only
be removed but must also be replaced as
required by paragraph (h) of this AD.
We have not changed this AD in this
regard. However, as stated previously,
we have revised the compliance time in
paragraph (h) of this AD to specify
replacing within 42 months instead of
requiring immediate action.
Request for Credit for Actions Done
Using Certain Service Information
SWA requested that we give credit for
inspections of the affected fusible plugs
previously done per Air Cruisers service
bulletins and/or CMMs incorporating
the requirements of the Air Cruisers
service bulletins.
We agree to clarify. We have not
mandated specific service information
for accomplishing the actions specified
in paragraphs (g) and (h) of this AD;
therefore, it is not necessary to give
credit for using specific service
information. For operators that have
already accomplished the actions
required by paragraphs (g) and (h) of
this AD, credit is given as specified in
paragraph (f) of this AD, which states to
accomplish the required actions within
the compliance times specified, ‘‘unless
already done.’’ Therefore, if operators
have accomplished the actions required
for compliance with paragraphs (g) and
(h) of this AD before the effective date
of this AD, no further action is
necessary.
Request To Revise Parts Installation
Prohibition
A4A, on behalf of its members,
requested that we revise paragraph (i) of
the proposed AD (in the SNPRM) to
specify that no person may install on
any airplane any slide, slide/raft, or offwing escape system unless the
inspection of the fusible plug has been
done per the applicable service
information specified in paragraphs
(c)(1) through (c)(16) of the proposed
AD (in the SNPRM) and/or the
applicable CMM listed in Air Cruisers
Service Information Letter (SIL) 25–246,
Rev. No. 2, dated January 24, 2017. A4A
stated that paragraph (i) of the proposed
AD (in the SNPRM) does not sufficiently
close the door on direct inspection of
the plug, which can only be
accomplished by unpacking slides and
complete disassembly. A4A stated that
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only the inspection of records
(including service bulletin
accomplishment information directly
stamped on the slide) can reasonably
accomplish the intention of the
proposed AD in a practical manner.
We do not agree because we have not
mandated the service information
specified by the commenter. In order to
comply with paragraph (i) of this AD,
operators must prevent the installation
of an affected part on an airplane.
Paragraph (i) of this AD does not
mandate a specific method for operators
to follow to ensure the affected part is
not installed. We have not changed this
AD in this regard.
Request To Revise Cost Estimate
A4A, on behalf of its members,
requested that we revise the cost
estimate. A4A stated that the NPRM
assumes one hour of labor per aircraft.
A4A noted that because the actions
need to be done at an appropriate
facility (off wing and often not the
operator’s own shop), the cost should be
per system, and include all facets from
uninstalling through reinstallation. A4A
stated the operator’s actions will
consume closer to 4 hours per slide (at
$85/hour), with the addition of $500
each way shipping, and the vendor cost
(Zodiac’s typical billing is $2,900 per
slide).
We agree with revising the cost
estimate because operators that cannot
do a records review will need to remove
the affected emergency equipment to
accomplish the inspection. We disagree
with including the shipping and vendor
costs because not all operators will need
to ship the equipment in order to do the
inspection or records review. We have
revised the Costs of Compliance section
in this final rule to specify up to 4 workhours for the inspection.
Clarification of Replacement Part
In paragraph (h) of the proposed AD
(in the SNPRM), we specified to replace
the fusible plug with a new part that
does not have P/N B13984–3, stamped
with Lot PA–21 or PA–22. However, we
have determined that it is not necessary
for the replacement part to be a new
part. Therefore, we have revised
paragraph (h) of this AD to specify to
replace the fusible plug with a
serviceable fusible plug P/N B13984–3
that is not stamped with Lot PA–21 or
PA–22.
Additional Affected Parts—Other
Related Service Information
We have reviewed Air Cruisers
Service Information Letter (SIL) 25–246,
Rev. No. 2, dated January 24, 2017,
which indicates additional fusible plugs
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• Are consistent with the intent that
was proposed in the SNPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM.
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
might be affected by the identified
unsafe condition. We have determined
that to delay this action in order to
allow the public to comment on the
merits of inspecting the additional
fusible plugs would be inappropriate,
since we have determined that an
unsafe condition exists and that
inspections must be conducted to
ensure continued safety. We are
considering additional rulemaking to
address additional fusible plugs.
Clarification of Manufacturer’s Name
In the Summary of the SNPRM, we
noted that Zodiac Aero Evacuation
Systems was formerly known as Air
Cruisers. However, Zodiac Aero
Evacuation Systems is also known as
Air Cruisers Company. For clarity, we
have referred to the manufacturer as
Zodiac Aero Evacuation Systems (also
known as Air Cruisers Company)
throughout this final rule.
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:
Related Service Information Under 1
CFR Part 51
We reviewed the following Air
Cruisers service information. The
service information identifies the
affected fusible plugs. In addition, it
describes procedures for inspecting and
replacing affected fusible plugs. These
documents are distinct since they apply
to different airplane models or
configurations.
• Air Cruisers Service Bulletin 737
103–25–50, dated August 27, 2010.
• Air Cruisers Service Bulletin 757
105–25–80, dated August 27, 2010.
• Air Cruisers Service Bulletin 757
105–25–81, dated August 27, 2010.
• Air Cruisers Service Bulletin 767
106–25–10, Rev. No. 1, dated October
15, 2010.
• Air Cruisers Service Bulletin 777
107–25–29, Rev. No. 1, dated July 8,
2011.
• Air Cruisers Service Bulletin A300/
A310 001–25–19, dated August 27,
2010.
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• Air Cruisers Service Bulletin A300/
A310 003–25–33, dated August 27,
2010.
• Air Cruisers Service Bulletin A310
002–25–08, dated August 27, 2010.
• Air Cruisers Service Bulletin A320
004–25–87, Rev. No. 2, dated January 7,
2011.
• Air Cruisers Service Bulletin A321
005–25–21, dated August 27, 2010.
• Air Cruisers Service Bulletin BAe
146 201–25–23, dated December 10,
2010.
• Air Cruisers Service Bulletin F28
352–25–02, dated December 10, 2010.
• Air Cruisers Service Bulletin F100
351–25–07, dated December 10, 2010.
• Air Cruisers Service Bulletin
Liferaft 35–25–79, dated August 27,
2010.
• Air Cruisers Service Bulletin MD11
305–25–35, dated August 27, 2010.
• Air Cruisers Service Bulletin MD80/
90/717 304–25–45, dated August 27,
2010.
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 3,384
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS
Action
Labor cost
Determination of part
and lot number.
Up to 4 work-hours × $85 per hour = Up to
$340.
We estimate the following costs per
slide to do any necessary replacement of
the fusible plug that would be required
Cost per
product
Parts cost
$0
Up to $340 ...................
based on the results of the inspection.
We have no way of determining the
Cost on
U.S. operators
Up to $1,150,560.
number of aircraft that might need these
replacements:
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ON-CONDITION COST
Action
Labor cost
Parts cost
Replacement .............................
1 work-hour × $85 per hour = $85 ..........................................
Not available ...........................
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 available costs in our
cost estimate.
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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,
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Cost per
product
$85
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
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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
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.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Zodiac Aero Evacuation
Systems (also known as Air Cruisers
Company) fusible plugs installed on
emergency evacuation equipment identified
in the service information specified in
paragraphs (c)(1) through (c)(16) of this AD.
These affected fusible plugs might be
installed on the emergency evacuation
equipment of the following manufacturers’
airplanes: Airbus, The Boeing Company, BAE
Systems (Operations) Limited, and Fokker
Services B.V.
(1) Air Cruisers Service Bulletin 737 103–
25–50, dated August 27, 2010.
(2) Air Cruisers Service Bulletin 757 105–
25–80, dated August 27, 2010.
(3) Air Cruisers Service Bulletin 757 105–
25–81, dated August 27, 2010.
(4) Air Cruisers Service Bulletin 767 106–
25–10, Rev. No. 1, dated October 15, 2010.
(5) Air Cruisers Service Bulletin 777 107–
25–29, Rev. No. 1, dated July 8, 2011.
(6) Air Cruisers Service Bulletin A300/
A310 001–25–19, dated August 27, 2010.
(7) Air Cruisers Service Bulletin A300/
A310 003–25–33, dated August 27, 2010.
(8) Air Cruisers Service Bulletin A310 002–
25–08, dated August 27, 2010.
(9) Air Cruisers Service Bulletin A320 004–
25–87, Rev. No. 2, dated January 7, 2011.
(10) Air Cruisers Service Bulletin A321
005–25–21, dated August 27, 2010.
(11) Air Cruisers Service Bulletin BAe 146
201–25–23, dated December 10, 2010.
(12) Air Cruisers Service Bulletin F28 352–
25–02, dated December 10, 2010.
(13) Air Cruisers Service Bulletin F100
351–25–07, dated December 10, 2010.
(14) Air Cruisers Service Bulletin Liferaft
35–25–79, dated August 27, 2010.
(15) Air Cruisers Service Bulletin MD11
305–25–35, dated August 27, 2010.
(16) Air Cruisers Service Bulletin MD80/
90/717 304–25–45, dated August 27, 2010.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(e) Unsafe Condition
This AD was prompted by reports
indicating that affected fusible plugs
activated (vented gas) below the rated
temperature. We are issuing this AD to
address fusible plugs that might activate
below the rated temperature and render the
evacuation system unusable.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
■
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
2018–23–12 Zodiac Aero Evacuation
Systems (also known as Air Cruisers
Company): Amendment 39–19499;
Docket No. FAA–2016–9392; Product
Identifier 2016–NM–003–AD.
(g) Fusible Plug Identification
Within 42 months after the effective date
of this AD, do an inspection to determine if
any fusible plug has part number (P/N)
B13984–3, stamped with Lot PA–21 or PA–
22. A review of the airplane maintenance
records is acceptable to make this
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
amozie on DSK3GDR082PROD with RULES
(a) Effective Date
This AD is effective December 28, 2018.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
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16:13 Nov 21, 2018
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Frm 00026
Fmt 4700
Sfmt 4700
determination if it can be conclusively
determined from that review that a part not
having P/N B13984–3, stamped with Lot PA–
21 or PA–22, has been installed.
Note 1 to paragraph (g) of this AD:
Guidance for performing the inspection
specified in paragraph (g) of this AD can be
found in applicable service information
specified in paragraphs (c)(1) through (c)(16)
of this AD and the applicable component
maintenance manuals (CMMs) that have
incorporated the appropriate Air Cruisers
service information.
(h) Replacement of Affected Fusible Plug
If, during the inspection or records review
required by paragraph (g) of this AD, it is
determined that any fusible plug has part
number (P/N) B13984–3, stamped with Lot
PA–21 or PA–22: Within 42 months after the
effective date of this AD, replace that fusible
plug with a serviceable fusible plug P/N
B13984–3 that is not stamped with Lot PA–
21 or PA–22.
Note 2 to paragraph (h) of this AD:
Guidance can be found in the applicable
CMM for the replacement. In addition, Air
Cruisers Service Information Letter (SIL) 25–
246, Rev. No. 1, dated February 21, 2014,
provides information regarding affected
fusible plugs and guidance on the
replacement.
(i) Parts Installation Prohibition
As of the effective date of this AD, no
person may install on any airplane any
fusible plug having P/N B13984–3, stamped
with Lot PA–21 or PA–22.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, New York ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the certification
office, send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone:
516–228–7300; fax: 516–794–5531.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
(1) For more information about this AD,
contact Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services
Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7323; fax 516–
794–5531; email 9-avs-nyaco-cos@faa.gov.
(2) 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
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to determine parts that are
affected by this AD, unless the AD specifies
otherwise.
(i) Air Cruisers Service Bulletin 737 103–
25–50, dated August 27, 2010.
(ii) Air Cruisers Service Bulletin 757 105–
25–80, dated August 27, 2010.
(iii) Air Cruisers Service Bulletin 757 105–
25–81, dated August 27, 2010.
(iv) Air Cruisers Service Bulletin 767 106–
25–10, Rev. No. 1, dated October 15, 2010.
(v) Air Cruisers Service Bulletin 777 107–
25–29, Rev. No. 1, dated July 8, 2011.
(vi) Air Cruisers Service Bulletin A300/
A310 001–25–19, dated August 27, 2010.
(vii) Air Cruisers Service Bulletin A300/
A310 003–25–33, dated August 27, 2010.
(viii) Air Cruisers Service Bulletin A310
002–25–08, dated August 27, 2010.
(ix) Air Cruisers Service Bulletin A320
004–25–87, Rev. No. 2, dated January 7,
2011.
(x) Air Cruisers Service Bulletin A321 005–
25–21, dated August 27, 2010.
(xi) Air Cruisers Service Bulletin BAe 146
201–25–23, dated December 10, 2010.
(xii) Air Cruisers Service Bulletin F28 352–
25–02, dated December 10, 2010.
(xiii) Air Cruisers Service Bulletin F100
351–25–07, dated December 10, 2010.
(xiv) Air Cruisers Service Bulletin Liferaft
35–25–79, dated August 27, 2010.
(xv) Air Cruisers Service Bulletin MD11
305–25–35, dated August 27, 2010.
(xvi) Air Cruisers Service Bulletin MD80/
90/717 304–25–45, dated August 27, 2010.
(3) For service information identified in
this AD, contact Air Cruisers, 1747 State
Route 34, Wall Township, NJ 07727–3935;
phone 732–681–3527; email technical
publications@zodiacaerospace.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.
amozie on DSK3GDR082PROD with RULES
Issued in Des Moines, Washington, on
November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–25003 Filed 11–21–18; 8:45 am]
BILLING CODE 4910–13–P
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16:13 Nov 21, 2018
Jkt 247001
59295
Federal Energy Regulatory
Commission
Jobs Act of 2017.1 The Commission also
addresses the accounting and
ratemaking treatment of ADIT following
the sale or retirement of an asset.
18 CFR Parts 35, 101, 154, 201, and 352
I. Background
DEPARTMENT OF ENERGY
[Docket No. PL19–2–000]
Accounting and Ratemaking Treatment
of Accumulated Deferred Income
Taxes and Treatment Following the
Sale or Retirement of an Asset
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Policy statement.
AGENCY:
In this Policy Statement, the
Federal Energy Regulatory Commission
(Commission) states its policy regarding
the treatment of Accumulated Deferred
Income Taxes for both accounting and
ratemaking purposes as to Commissionjurisdictional public utilities, natural
gas pipelines and oil pipelines, in light
of the Tax Cuts and Jobs Act of 2017. In
addition, the Commission addresses the
accounting and ratemaking treatment of
Accumulated Deferred Income Taxes
following the sale or retirement of an
asset.
SUMMARY:
This Policy Statement will
become applicable November 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Sharli Silva (Legal Information), Office
of the General Counsel, 888 First
Street NE, Washington, DC 20426,
(202) 502–8719, Sharli.Silva@ferc.gov.
Bryan Wheeler (Technical Information),
Office of Energy Markets Regulation,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
8497, Bryan.Wheeler@ferc.gov.
Monil Patel (Technical Information),
Office of Energy Markets Regulation,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
8296, Monil.Patel@ferc.gov.
Kimberly Horner (Technical
Information), Office of Enforcement,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
8623, Kimberly.Horner@ferc.gov.
SUPPLEMENTARY INFORMATION:
1. In this Policy Statement, the
Federal Energy Regulatory Commission
(Commission) states its policy regarding
the treatment of Accumulated Deferred
Income Taxes (ADIT) for both
accounting and ratemaking purposes as
to Commission-jurisdictional public
utilities, natural gas pipelines, and oil
pipelines, in light of the Tax Cuts and
DATES:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
A. Tax Cuts and Jobs Act
2. On December 22, 2017, the
President signed into law the Tax Cuts
and Jobs Act. The Tax Cuts and Jobs
Act, among other things, reduced the
federal corporate income tax rate from
35 percent to 21 percent, effective
January 1, 2018.2 This means that,
beginning January 1, 2018, companies
subject to the Commission’s jurisdiction
will compute income taxes owed to the
Internal Revenue Service (IRS) based on
a 21 percent tax rate. The tax rate
reduction will result in less corporate
income tax expense going forward.
3. Importantly, the tax rate reduction
will also result in a reduction in ADIT
liabilities and ADIT assets on the books
of rate-regulated companies. ADIT
balances are accumulated on the
regulated books and records of such
regulated companies based on the
requirements of the Uniform System of
Accounts (USofA).3 ADIT arises from
timing differences between the method
of computing taxable income for
reporting to the IRS and the method of
computing income for regulatory
accounting and ratemaking purposes.4
As a result of the Tax Cuts and Jobs Act
reducing the federal corporate income
tax rate from 35 percent to 21 percent,
a portion of an ADIT liability that was
collected from customers will no longer
be due from public utilities, natural gas
pipelines and oil pipelines to the IRS
and is considered excess ADIT.
B. Order No. 144
4. The purpose of tax normalization is
to match the tax effects of costs and
revenues with the recovery in rates of
those same costs and revenues.5 As
1 An Act to provide for reconciliation pursuant to
titles II and V of the concurrent resolution on the
budget for fiscal year 2018, Public Law 115–97, 131
Stat. 2054 (2017) (Tax Cuts and Jobs Act).
2 Id. Sec. 13001, 131 Stat. at 2096.
3 See Definition of Accounts 182.3 and Account
254, 18 CFR part 101, Uniform System of Accounts
Prescribed for Public Utilities and Licensees Subject
to the Provisions of the Federal Power Act; see
Definition of Accounts 182.3 and Account 254, 18
CFR part 201, Uniform System of Accounts
Prescribed for Natural Gas Companies Subject to
the Provisions of the Natural Gas Act; see General
Instructions 1–12, Accounting for Income Taxes, 18
CFR part 352, Uniform Systems of Accounts
Prescribed for Oil Pipeline Companies Subject to
the Provisions of the Interstate Commerce Act.
4 See 18 CFR 35.24(d)(2) (2018).
5 Tax Normalization for Certain Items Reflecting
Timing Differences in the Recognition of Expenses
or Revenues for Ratemaking and Income Tax
E:\FR\FM\23NOR1.SGM
Continued
23NOR1
]]>Agencies
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59290-59295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25003]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9392; Product Identifier 2016-NM-003-AD; Amendment
39-19499; AD 2018-23-12]
RIN 2120-AA64
Airworthiness Directives; Zodiac Aero Evacuation Systems (also
known as Air Cruisers Company)
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 59291]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for Zodiac
Aero Evacuation Systems (also known as Air Cruisers Company) fusible
plugs installed on emergency evacuation equipment for various transport
category airplanes. This AD was prompted by reports indicating that
affected fusible plugs activated (vented gas) below the rated
temperature. This AD requires an inspection of the fusible plugs to
determine the part number and lot number, and replacement of all
affected fusible plugs. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December 28, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 28,
2018.
ADDRESSES: For service information identified in this final rule,
contact Air Cruisers, 1747 State Route 34, Wall Township, NJ 07727-
3935; phone 732-681-3527; email
[email protected]. You may view this service
information at the FAA, Transport Standards Branch, 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-2016-9392.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9392; or in person at 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: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7323; fax 516-794-5531; email [email protected].
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 Zodiac Aero Evacuation
Systems (also known as Air Cruisers Company) fusible plugs installed on
emergency evacuation equipment for various transport category
airplanes. The NPRM published in the Federal Register on November 18,
2016 (81 FR 81709). The NPRM was prompted by reports indicating that
affected fusible plugs activated (vented gas) below the rated
temperature. The NPRM proposed to require an inspection of the fusible
plugs to determine the part number and lot number, and replacement of
all affected fusible plugs.
We subsequently issued a supplemental NPRM (SNPRM) that was
published in the Federal Register on January 24, 2018 (83 FR 3283). The
SNPRM proposed to extend the compliance time, clarify the
applicability, and clarify certain requirements.
We are issuing this AD to address fusible plugs that might activate
below the rated temperature and render the evacuation system unusable.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
SNPRM and the FAA's response to each comment.
Request to Extend Compliance Time
Airlines for America (A4A), on behalf of its members, requested
that we extend the compliance time specified in paragraph (h) of the
proposed AD (in the SNPRM). A4A stated that the extended compliance
time of 42 months after the effective date (in paragraph (g) of the
proposed AD (in the SNPRM)) had an unintended consequence in the re-
worded compliance paragraph (h) of the proposed AD (in the SNPRM). A4A
noted that while the allowance for maintenance records inspection was
added, the words ``[b]efore further flight'' remained. A4A concluded
that the current version means that either a planeside finding or a
maintenance records discovery will each require action before further
flight. A4A stated that while a finding by direct inspection will
happen only in a shop and not affect operation of any aircraft, the
accommodation for records review could immediately ground an in-service
aircraft. A4A requested that we allow 42 months for the replacement if
a records review was done.
We agree to revise the compliance time in paragraph (h) of this AD
because we have determined that a compliance time of 42 months to
replace the affected part addresses the unsafe condition and provides
an acceptable level of safety. We have revised paragraph (h) of the AD
to specify a 42-month compliance time for the replacement.
Request To Specify Serial Numbers
All Nippon Airways (ANA) requested that we revise paragraph (c) of
the proposed AD (in the SNPRM) to refer to service information that
specifies the serial numbers and not only the part numbers of the
affected emergency equipment. ANA stated that identifying affected
[parts] by only the part number means that even after expiration of the
compliance time specified in the proposed AD, the inspection must be
continued every time the affected emergency equipment is purchased. ANA
stated that the serial number of the affected emergency equipment
should be specified in the service information listed in paragraph (c)
of the proposed AD (in the SNPRM) in order to prevent endless
inspections.
We do not agree because specific serial numbers for the affected
emergency equipment have not been identified. In addition, since the
fusible plugs are rotable we cannot limit the applicability to only the
known emergency equipment on which the fusible plugs were initially
installed. Therefore, in order to address the identified unsafe
condition, all fusible plugs installed on emergency evacuation
equipment identified in the service information specified in paragraph
(c) of this AD must be inspected as specified in paragraph (g) of this
AD. When installing new equipment on an airplane, operators must ensure
the newly installed part is not one of the affected parts by complying
with the parts installation prohibition specified in paragraph (i) of
this AD. We have not changed this AD in this regard.
Request To Refer to Service Information
Southwest Airlines (SWA) and A4A, on behalf of its members,
requested that we refer to service information for accomplishing the
actions specified in paragraph (g) of the proposed AD (in the SNPRM).
SWA stated that the Air Cruisers service bulletins listed in paragraphs
(c)(1) through (c)(16) of the proposed AD (in the SNPRM) have steps to
inspect for the affected fusible plugs and to remove fusible plugs that
are stamped with Lot PA-21 or PA-22. SWA noted that the service
bulletins have been incorporated into the various
[[Page 59292]]
Air Cruisers component maintenance manuals (CMMs). A4A stated that the
service bulletins and CMMs specify an inspection for the suspect
fusible plug lot numbers and replacement if found.
A4A and SWA also stated that maintenance records would not indicate
the level of detail of the fusible plug part numbers and lot numbers
installed. SWA stated that the revision of the CMM used to make the
components serviceable is noted on FAA Form 8130-3. A4A also stated
that access to the fusible plug part number and lot number is not
achievable planeside, and noted that the equipment manufacturer
recommends the system to be unpacked and inspected in the slide shop.
SWA and A4A requested that paragraph (g) of the proposed AD (in the
SNPRM) be revised to specify accomplishing the inspection in accordance
with the applicable service information specified in paragraphs (c)(1)
through (c)(16) of the proposed AD (in the SNPRM) and/or the applicable
component maintenance manuals.
We do not agree with revising paragraph (g) of this AD to mandate
service information because this AD does not require operators to
accomplish the inspection using a specific method. However, we do agree
that operators should be aware of the service information that can be
used to do the inspection specified in paragraph (g) of this AD.
Therefore, we have added Note 1 to paragraph (g) of this AD to specify
service bulletins and CMMs that provide guidance for performing the
inspection. We have redesignated subsequent notes in this AD
accordingly.
We also acknowledge the commenters' statement that the records
review might not be conclusive. As stated in paragraph (g) of this AD,
the records review is allowed only if operators can conclusively
determine the part number and lot number. For operators that do not
have records that can conclusively determine the part number and lot
number, the inspection must be done.
Request To Remove Paragraph (h) of the Proposed AD (in the SNPRM)
SWA requested that we remove paragraph (h) of the proposed AD (in
the SNPRM). SWA stated that paragraph (h) of the proposed AD (in the
SNPRM) would require immediate removal of the emergency equipment if an
inspection or a records review determines an affected part is
installed. SWA suggested that paragraph (h) of the proposed AD (in the
SNPRM) be deleted because it is unnecessary. SWA stated the emergency
equipment must be removed from the aircraft in order to inspect for the
affected fusible plug. SWA noted the component maintenance documents do
not provide the level of detail of the fusible plug part numbers and
lot numbers installed.
We do not agree with removing paragraph (h) of this AD because in
order to address the unsafe condition the affected fusible plug must
not only be removed but must also be replaced as required by paragraph
(h) of this AD. We have not changed this AD in this regard. However, as
stated previously, we have revised the compliance time in paragraph (h)
of this AD to specify replacing within 42 months instead of requiring
immediate action.
Request for Credit for Actions Done Using Certain Service Information
SWA requested that we give credit for inspections of the affected
fusible plugs previously done per Air Cruisers service bulletins and/or
CMMs incorporating the requirements of the Air Cruisers service
bulletins.
We agree to clarify. We have not mandated specific service
information for accomplishing the actions specified in paragraphs (g)
and (h) of this AD; therefore, it is not necessary to give credit for
using specific service information. For operators that have already
accomplished the actions required by paragraphs (g) and (h) of this AD,
credit is given as specified in paragraph (f) of this AD, which states
to accomplish the required actions within the compliance times
specified, ``unless already done.'' Therefore, if operators have
accomplished the actions required for compliance with paragraphs (g)
and (h) of this AD before the effective date of this AD, no further
action is necessary.
Request To Revise Parts Installation Prohibition
A4A, on behalf of its members, requested that we revise paragraph
(i) of the proposed AD (in the SNPRM) to specify that no person may
install on any airplane any slide, slide/raft, or off-wing escape
system unless the inspection of the fusible plug has been done per the
applicable service information specified in paragraphs (c)(1) through
(c)(16) of the proposed AD (in the SNPRM) and/or the applicable CMM
listed in Air Cruisers Service Information Letter (SIL) 25-246, Rev.
No. 2, dated January 24, 2017. A4A stated that paragraph (i) of the
proposed AD (in the SNPRM) does not sufficiently close the door on
direct inspection of the plug, which can only be accomplished by
unpacking slides and complete disassembly. A4A stated that only the
inspection of records (including service bulletin accomplishment
information directly stamped on the slide) can reasonably accomplish
the intention of the proposed AD in a practical manner.
We do not agree because we have not mandated the service
information specified by the commenter. In order to comply with
paragraph (i) of this AD, operators must prevent the installation of an
affected part on an airplane. Paragraph (i) of this AD does not mandate
a specific method for operators to follow to ensure the affected part
is not installed. We have not changed this AD in this regard.
Request To Revise Cost Estimate
A4A, on behalf of its members, requested that we revise the cost
estimate. A4A stated that the NPRM assumes one hour of labor per
aircraft. A4A noted that because the actions need to be done at an
appropriate facility (off wing and often not the operator's own shop),
the cost should be per system, and include all facets from uninstalling
through reinstallation. A4A stated the operator's actions will consume
closer to 4 hours per slide (at $85/hour), with the addition of $500
each way shipping, and the vendor cost (Zodiac's typical billing is
$2,900 per slide).
We agree with revising the cost estimate because operators that
cannot do a records review will need to remove the affected emergency
equipment to accomplish the inspection. We disagree with including the
shipping and vendor costs because not all operators will need to ship
the equipment in order to do the inspection or records review. We have
revised the Costs of Compliance section in this final rule to specify
up to 4 work-hours for the inspection.
Clarification of Replacement Part
In paragraph (h) of the proposed AD (in the SNPRM), we specified to
replace the fusible plug with a new part that does not have P/N B13984-
3, stamped with Lot PA-21 or PA-22. However, we have determined that it
is not necessary for the replacement part to be a new part. Therefore,
we have revised paragraph (h) of this AD to specify to replace the
fusible plug with a serviceable fusible plug P/N B13984-3 that is not
stamped with Lot PA-21 or PA-22.
Additional Affected Parts--Other Related Service Information
We have reviewed Air Cruisers Service Information Letter (SIL) 25-
246, Rev. No. 2, dated January 24, 2017, which indicates additional
fusible plugs
[[Page 59293]]
might be affected by the identified unsafe condition. We have
determined that to delay this action in order to allow the public to
comment on the merits of inspecting the additional fusible plugs would
be inappropriate, since we have determined that an unsafe condition
exists and that inspections must be conducted to ensure continued
safety. We are considering additional rulemaking to address additional
fusible plugs.
Clarification of Manufacturer's Name
In the Summary of the SNPRM, we noted that Zodiac Aero Evacuation
Systems was formerly known as Air Cruisers. However, Zodiac Aero
Evacuation Systems is also known as Air Cruisers Company. For clarity,
we have referred to the manufacturer as Zodiac Aero Evacuation Systems
(also known as Air Cruisers Company) throughout this final rule.
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
SNPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
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
We reviewed the following Air Cruisers service information. The
service information identifies the affected fusible plugs. In addition,
it describes procedures for inspecting and replacing affected fusible
plugs. These documents are distinct since they apply to different
airplane models or configurations.
Air Cruisers Service Bulletin 737 103-25-50, dated August
27, 2010.
Air Cruisers Service Bulletin 757 105-25-80, dated August
27, 2010.
Air Cruisers Service Bulletin 757 105-25-81, dated August
27, 2010.
Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1,
dated October 15, 2010.
Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1,
dated July 8, 2011.
Air Cruisers Service Bulletin A300/A310 001-25-19, dated
August 27, 2010.
Air Cruisers Service Bulletin A300/A310 003-25-33, dated
August 27, 2010.
Air Cruisers Service Bulletin A310 002-25-08, dated August
27, 2010.
Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2,
dated January 7, 2011.
Air Cruisers Service Bulletin A321 005-25-21, dated August
27, 2010.
Air Cruisers Service Bulletin BAe 146 201-25-23, dated
December 10, 2010.
Air Cruisers Service Bulletin F28 352-25-02, dated
December 10, 2010.
Air Cruisers Service Bulletin F100 351-25-07, dated
December 10, 2010.
Air Cruisers Service Bulletin Liferaft 35-25-79, dated
August 27, 2010.
Air Cruisers Service Bulletin MD11 305-25-35, dated August
27, 2010.
Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated
August 27, 2010.
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 3,384 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
----------------------------------------------------------------------------------------------------------------
Determination of part and lot Up to 4 work-hours $0 Up to $340......... Up to $1,150,560.
number. x $85 per hour =
Up to $340.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs per slide to do any necessary
replacement of the fusible plug that would be required based on the
results of the inspection. We have no way of determining the number of
aircraft that might need these replacements:
On-Condition Cost
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement............................. 1 work-hour x $85 per hour Not available............. $85
= $85.
----------------------------------------------------------------------------------------------------------------
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 available costs in our
cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on
[[Page 59294]]
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 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):
2018-23-12 Zodiac Aero Evacuation Systems (also known as Air
Cruisers Company): Amendment 39-19499; Docket No. FAA-2016-9392;
Product Identifier 2016-NM-003-AD.
(a) Effective Date
This AD is effective December 28, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Zodiac Aero Evacuation Systems (also known as
Air Cruisers Company) fusible plugs installed on emergency
evacuation equipment identified in the service information specified
in paragraphs (c)(1) through (c)(16) of this AD. These affected
fusible plugs might be installed on the emergency evacuation
equipment of the following manufacturers' airplanes: Airbus, The
Boeing Company, BAE Systems (Operations) Limited, and Fokker
Services B.V.
(1) Air Cruisers Service Bulletin 737 103-25-50, dated August
27, 2010.
(2) Air Cruisers Service Bulletin 757 105-25-80, dated August
27, 2010.
(3) Air Cruisers Service Bulletin 757 105-25-81, dated August
27, 2010.
(4) Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1,
dated October 15, 2010.
(5) Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1,
dated July 8, 2011.
(6) Air Cruisers Service Bulletin A300/A310 001-25-19, dated
August 27, 2010.
(7) Air Cruisers Service Bulletin A300/A310 003-25-33, dated
August 27, 2010.
(8) Air Cruisers Service Bulletin A310 002-25-08, dated August
27, 2010.
(9) Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2,
dated January 7, 2011.
(10) Air Cruisers Service Bulletin A321 005-25-21, dated August
27, 2010.
(11) Air Cruisers Service Bulletin BAe 146 201-25-23, dated
December 10, 2010.
(12) Air Cruisers Service Bulletin F28 352-25-02, dated December
10, 2010.
(13) Air Cruisers Service Bulletin F100 351-25-07, dated
December 10, 2010.
(14) Air Cruisers Service Bulletin Liferaft 35-25-79, dated
August 27, 2010.
(15) Air Cruisers Service Bulletin MD11 305-25-35, dated August
27, 2010.
(16) Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated
August 27, 2010.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports indicating that affected fusible
plugs activated (vented gas) below the rated temperature. We are
issuing this AD to address fusible plugs that might activate below
the rated temperature and render the evacuation system unusable.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Fusible Plug Identification
Within 42 months after the effective date of this AD, do an
inspection to determine if any fusible plug has part number (P/N)
B13984-3, stamped with Lot PA-21 or PA-22. A review of the airplane
maintenance records is acceptable to make this determination if it
can be conclusively determined from that review that a part not
having P/N B13984-3, stamped with Lot PA-21 or PA-22, has been
installed.
Note 1 to paragraph (g) of this AD: Guidance for performing the
inspection specified in paragraph (g) of this AD can be found in
applicable service information specified in paragraphs (c)(1)
through (c)(16) of this AD and the applicable component maintenance
manuals (CMMs) that have incorporated the appropriate Air Cruisers
service information.
(h) Replacement of Affected Fusible Plug
If, during the inspection or records review required by
paragraph (g) of this AD, it is determined that any fusible plug has
part number (P/N) B13984-3, stamped with Lot PA-21 or PA-22: Within
42 months after the effective date of this AD, replace that fusible
plug with a serviceable fusible plug P/N B13984-3 that is not
stamped with Lot PA-21 or PA-22.
Note 2 to paragraph (h) of this AD: Guidance can be found in the
applicable CMM for the replacement. In addition, Air Cruisers
Service Information Letter (SIL) 25-246, Rev. No. 1, dated February
21, 2014, provides information regarding affected fusible plugs and
guidance on the replacement.
(i) Parts Installation Prohibition
As of the effective date of this AD, no person may install on
any airplane any fusible plug having P/N B13984-3, stamped with Lot
PA-21 or PA-22.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, New York ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
certification office, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone: 516-228-7300; fax: 516-
794-5531.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(k) Related Information
(1) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Admin Services Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7323; fax 516-794-5531; email [email protected].
(2) 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
[[Page 59295]]
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to
determine parts that are affected by this AD, unless the AD
specifies otherwise.
(i) Air Cruisers Service Bulletin 737 103-25-50, dated August
27, 2010.
(ii) Air Cruisers Service Bulletin 757 105-25-80, dated August
27, 2010.
(iii) Air Cruisers Service Bulletin 757 105-25-81, dated August
27, 2010.
(iv) Air Cruisers Service Bulletin 767 106-25-10, Rev. No. 1,
dated October 15, 2010.
(v) Air Cruisers Service Bulletin 777 107-25-29, Rev. No. 1,
dated July 8, 2011.
(vi) Air Cruisers Service Bulletin A300/A310 001-25-19, dated
August 27, 2010.
(vii) Air Cruisers Service Bulletin A300/A310 003-25-33, dated
August 27, 2010.
(viii) Air Cruisers Service Bulletin A310 002-25-08, dated
August 27, 2010.
(ix) Air Cruisers Service Bulletin A320 004-25-87, Rev. No. 2,
dated January 7, 2011.
(x) Air Cruisers Service Bulletin A321 005-25-21, dated August
27, 2010.
(xi) Air Cruisers Service Bulletin BAe 146 201-25-23, dated
December 10, 2010.
(xii) Air Cruisers Service Bulletin F28 352-25-02, dated
December 10, 2010.
(xiii) Air Cruisers Service Bulletin F100 351-25-07, dated
December 10, 2010.
(xiv) Air Cruisers Service Bulletin Liferaft 35-25-79, dated
August 27, 2010.
(xv) Air Cruisers Service Bulletin MD11 305-25-35, dated August
27, 2010.
(xvi) Air Cruisers Service Bulletin MD80/90/717 304-25-45, dated
August 27, 2010.
(3) For service information identified in this AD, contact Air
Cruisers, 1747 State Route 34, Wall Township, NJ 07727-3935; phone
732-681-3527; email [email protected].
(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.
Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-25003 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-13-P
