Airworthiness Directives; Airbus SAS Airplanes, 59328-59331 [2018-25386]

Download as PDF 59328 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Dassault Aviation: Docket No. FAA–2018– 0963; Product Identifier 2018–NM–135– AD. (a) Comments Due Date We must receive comments by January 7, 2019. (b) Affected ADs None. (c) Applicability This AD applies to Dassault Aviation Model FAN JET FALCON, and FAN JET FALCON SERIES C, D, E, F, and G airplanes, certificated in any category, all serial numbers, on which the Dassault Fan Jet Falcon Supplemental Structural Inspection Program (Dassault Service Bulletin (SB) 730), has been embodied into the airplane’s maintenance program. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. amozie on DSK3GDR082PROD with PROPOSALS1 (e) Reason This AD was prompted by a determination that new or more restrictive airworthiness limitations and maintenance requirements are necessary. We are issuing this AD to address, among other things, fatigue cracking and damage in principal structural elements; such fatigue cracking and damage could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Maintenance or Inspection Program Revision Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the airworthiness limitations VerDate Sep<11>2014 16:25 Nov 21, 2018 Jkt 247001 specified in Chapter 5–40, Airworthiness Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon 20 Maintenance Manual. The initial compliance time for accomplishing the actions is at the applicable time specified in Chapter 5–40, Airworthiness Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon 20 Maintenance Manual; or within 90 days after the effective date of this AD; whichever occurs later. Where the threshold column in the table in paragraph B, Mandatory Maintenance Operations, of Chapter 5–40, Airworthiness Limitations, DMD 44729, Revision 9, dated November 29, 2017, of the Dassault Aviation Falcon 20 Maintenance Manual specifies a compliance time in years, those compliance times start from the date of issuance of the original airworthiness certificate or date of issuance of the original export certificate of airworthiness. (h) No Alternative Actions or Intervals After accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (i)(1) of this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (j)(2) of this AD. Information may be emailed to: 9–ANM–116–AMOC– REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or European Aviation Safety Agency (EASA); or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018–0193, dated September 3, 2018, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2018–0963. (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3226. (3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; internet http:// www.dassaultfalcon.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on November 8, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–25385 Filed 11–21–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0962; Product Identifier 2018–NM–125–AD] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for all Airbus SAS Model A350–941 airplanes. This proposed AD was prompted by reports of an overheat failure mode of the hydraulic engine-driven pump (EDP), and a determination that the affected EDP needs to be replaced with an improved EDP. This proposed AD would require replacement of a certain EDP with an improved EDP. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by January 7, 2019. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. SUMMARY: E:\FR\FM\23NOP1.SGM 23NOP1 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email continued-airworthiness.a350@ airbus.com; internet http:// www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. amozie on DSK3GDR082PROD with PROPOSALS1 Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0962; 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 NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3218. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2018–0962; Product Identifier 2018– NM–125–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this NPRM. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent VerDate Sep<11>2014 16:25 Nov 21, 2018 Jkt 247001 for the Member States of the European Union, has issued EASA AD 2018–0178, dated August 23, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Airbus SAS Model A350–941 airplanes. The MCAI states: In the Airbus A350 design, the hydraulic fluid cooling system is located in the fuel tanks. Recently, an overheat failure mode of the hydraulic EDP was found, which may cause a fast temperature rise of the hydraulic fluid. This condition, if not detected and corrected, combined with an inoperative fuel tank inerting system, could lead to an uncontrolled overheat of the hydraulic fluid, possibly resulting in ignition of the fuel-air mixture in the affected fuel tank. To address this potential unsafe condition, Airbus issued a Major Event Revision (MER) of the A350 Master Minimum Equipment List (MMEL) that incorporates restrictions to avoid an uncontrolled overheat of the hydraulic system. Consequently, EASA issued Emergency AD 2017–0154–E to require implementation of these dispatch restrictions. After EASA AD 2017–0154–E was issued, following further investigation, Airbus issued another MER of the A350 MMEL that expanded the number of restricted MMEL items. At the same time, Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to inform all operators accordingly. Consequently, EASA issued AD 2017–0180, retaining the requirements of EASA Emergency AD 2017–0154–E, which was superseded, and requiring implementation of the new Airbus A350 MMEL MER and, consequently, restrictions for aeroplane dispatch. After EASA AD 2017–0180 was issued, Airbus developed HMCA [Hydraulic Monitoring and Control Application] SW [software] S4.2, embodied in production through Airbus mod 112090, and introduced in service through Airbus SB [service bulletin] A350–29–P012. Consequently, EASA issued AD 2017–0200 [which corresponds to FAA AD 2018–19–19, Amendment 39–19419 (83 FR 48203, September 24, 2018)], retaining the requirements of EASA AD 2017–0180, which was superseded, and requiring modification of the aeroplane by installing HMCA SW S4.2. Since EASA AD 2017–0200 was issued, it was determined that the affected part need to be replaced with improved EDP. Consequently, Airbus issued the SB [Service Bulletin A350–29–P013, dated March 12, 2018] to provide instructions to replace the affected parts with improved EDP, having P/N [part number] 53098–06, which are embodied in production through Airbus mod 112192. For the reasons described above, this [EASA] AD retains the requirement of EASA AD 2017–0200, which is superseded, and requires replacement of each affected parts with improved EDP. You may examine the MCAI in the AD docket on the internet at http:// PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 59329 www.regulations.gov by searching for and locating Docket No. FAA–2018– 0962. Related Service Information Under 1 CFR Part 51 Airbus SAS has issued Service Bulletin A350–29–P013, dated March 12, 2018. This service information describes procedures for replacing a certain EDP with an improved EDP. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed Requirements of This NPRM This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between this Proposed AD and the MCAI.’’ Differences Between This Proposed AD and the MCAI This NPRM does not propose to supersede AD 2018–19–19. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This proposed AD would require replacing the EDP with an improved EDP. The MCAI specifies a modification to install HMCA SW S4.2 on certain airplanes. This proposed AD would not require this modification, since the modification is required by AD 2018– 19–19. Additionally, the MCAI prohibits installing software prior to HMCA SW S4.2. This proposed AD would not include that prohibition since it has already been prohibited by AD 2018– 19–19. The MCAI specifies changes to the Airbus MMEL to incorporate dispatch restrictions. However, the FAA MMEL is already updated to incorporate these, and all current and future U.S. operators are already required to use the FAA MMEL, so this proposed AD would not E:\FR\FM\23NOP1.SGM 23NOP1 59330 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules FAA-approved MMEL currently contains more restrictive operational limitations, and we will update it when relief is justified. require changes to the MMEL as specified in the MCAI. Further, the MCAI notes that, after completing the modification by installing HMCA SW S4.2 and replacing the EDP with an improved EDP, Airbus A350 MMEL Minor Change V29ME1732522, dated January 3, 2018, and Airbus A350 MMEL Major Change V29ME1734973, dated January 30, 2018, can be implemented for that airplane, and those changes remove certain restrictions for that airplane. For U.S. registered aircraft, no provisions for relief are to be added to the MMEL with incorporation of this proposed AD. The Explanation of Compliance Time In most ADs, we adopt a compliance time allowing a specified amount of time after the AD’s effective date. In this case, however, we are using a fixed compliance date in this proposed AD. The MCAI requires operators of all Airbus SAS Model A350–941 airplanes to replace affected EDPs with improved EDPs to address an identified unsafe condition in a specified amount of time (within 17 months after the MCAI’s effective date of September 6, 2018, or February 6, 2020). That compliance time is based on risk analysis requirements, including reports of fuel pump overheats and failures. To support this risk analysis, and to provide for coordinated implementation of EASA’s regulations and this proposed AD, we are using the same compliance target in this proposed AD. Costs of Compliance We estimate that this proposed AD affects 11 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Up to 25 work-hours × $85 per hour = $2,125 Up to $224,400 ....................... Up to $226,525 ....................... According to the manufacturer, some or all of the costs of this proposed 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 known costs in our cost estimate. issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. PART 39—AIRWORTHINESS DIRECTIVES Regulatory Findings ■ amozie on DSK3GDR082PROD with PROPOSALS1 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This proposed AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to VerDate Sep<11>2014 16:25 Nov 21, 2018 Jkt 247001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: Frm 00013 Fmt 4702 Up to $2,491,775. 1. The authority citation for part 39 continues to read as follows: We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. PO 00000 Cost on U.S. operators Sfmt 4702 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): ■ Airbus SAS: Docket No. FAA–2018–0962; Product Identifier 2018–NM–125–AD. (a) Comments Due Date We must receive comments by January 7, 2019. (b) Affected ADs None. (c) Applicability This AD applies to Airbus SAS Model A350–941 airplanes, certificated in any category, all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 29, Hydraulic power. (e) Reason This AD was prompted by reports of an overheat failure mode of the hydraulic engine-driven pump (EDP), and a determination that the affected EDP needs to be replaced with an improved EDP. We are issuing this AD to address the overheat failure mode of the hydraulic EDP, which may cause a fast temperature rise of the hydraulic fluid, and, if combined with an inoperative fuel tank inerting system, could lead to an uncontrolled overheat of the hydraulic fluid, possibly resulting in ignition of the fuel-air mixture of the affected tank. E:\FR\FM\23NOP1.SGM 23NOP1 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Proposed Rules (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action Before February 6, 2020, replace each EDP having part number (P/N) 53098–04 with an improved EDP, having P/N 53098–06, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A350– 29–P013, dated March 12, 2018. amozie on DSK3GDR082PROD with PROPOSALS1 (h) Parts Installation Prohibition At the applicable time specified in paragraph (h)(1) or (h)(2) of this AD: No person may install an EDP having P/N 53098–04 on any airplane. (1) For airplanes that, as of the effective date of this AD, have any EDP having P/N 53098–04 installed: After modification of the airplane as specified by paragraph (g) of this AD. (2) For airplanes that, as of the effective date of this AD, are post-Modification 112192 and do not have any EDP having P/N 53098– 04 installed: As of the effective date of this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (j)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018–0178, dated August 23, 2018, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2018–0962. (2) For more information about this AD, contact Kathleen Arrigotti, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3218. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email continuedairworthiness.a350@airbus.com; internet http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on November 8, 2018. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–25386 Filed 11–21–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 35 [Docket No. RM19–5–000] Public Utility Transmission Rate Changes To Address Accumulated Deferred Income Taxes Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of proposed rulemaking. AGENCY: The Federal Energy Regulatory Commission (Commission) is proposing to require all public utility transmission providers with SUMMARY: 59331 transmission rates under an Open Access Transmission Tariff (OATT), a transmission owner tariff, or a rate schedule to revise those rates to account for changes caused by the Tax Cuts and Jobs Act of 2017 (Tax Cuts and Jobs Act). Specifically, for transmission formula rates, the Commission is proposing to require that public utilities deduct excess accumulated deferred income taxes (ADIT) from or add deficient ADIT to their rate bases and adjust their income tax allowances by amortized excess or deficient ADIT. The Commission is also proposing to require all public utilities with transmission formula rates to incorporate a new permanent worksheet into their transmission formula rates that will annually track ADIT information. Additionally, the Commission is proposing to require all public utilities with transmission stated rates to determine the amount of excess and deferred income tax caused by the Tax Cuts and Jobs Act’s reduction to the federal corporate income tax rate and return or recover this amount to or from customers. DATES: Comments are due December 24, 2018. Comments, identified by docket number, may be filed electronically at http://www.ferc.gov in acceptable native applications and print-to-PDF, but not in scanned or picture format. For those unable to file electronically, comments may be filed by mail or hand-delivery to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. The Comment Procedures Section of this document contains more detailed filing procedures. FOR FURTHER INFORMATION CONTACT: Noah Lichtenstein (Technical Information), Office of Energy Market Regulation, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502– 8696, noah.lichtenstein@ferc.gov. Joshua Walters (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502–6098, joshua.walters@ferc.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents Paragraph numbers I. Background ............................................................................................................................................................................................ A. Tax Cuts and Jobs Act .................................................................................................................................................................. VerDate Sep<11>2014 16:25 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\23NOP1.SGM 23NOP1 7 7

Agencies

[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Proposed Rules]
[Pages 59328-59331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25386]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0962; Product Identifier 2018-NM-125-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Airbus SAS Model A350-941 airplanes. This proposed AD was prompted by 
reports of an overheat failure mode of the hydraulic engine-driven pump 
(EDP), and a determination that the affected EDP needs to be replaced 
with an improved EDP. This proposed AD would require replacement of a 
certain EDP with an improved EDP. We are proposing this AD to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 7, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

[[Page 59329]]

     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus 
SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 
80; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0962; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0962; 
Product Identifier 2018-NM-125-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0178, dated August 23, 2018 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus SAS Model A350-941 
airplanes. The MCAI states:

    In the Airbus A350 design, the hydraulic fluid cooling system is 
located in the fuel tanks. Recently, an overheat failure mode of the 
hydraulic EDP was found, which may cause a fast temperature rise of 
the hydraulic fluid.
    This condition, if not detected and corrected, combined with an 
inoperative fuel tank inerting system, could lead to an uncontrolled 
overheat of the hydraulic fluid, possibly resulting in ignition of 
the fuel-air mixture in the affected fuel tank.
    To address this potential unsafe condition, Airbus issued a 
Major Event Revision (MER) of the A350 Master Minimum Equipment List 
(MMEL) that incorporates restrictions to avoid an uncontrolled 
overheat of the hydraulic system. Consequently, EASA issued 
Emergency AD 2017-0154-E to require implementation of these dispatch 
restrictions.
    After EASA AD 2017-0154-E was issued, following further 
investigation, Airbus issued another MER of the A350 MMEL that 
expanded the number of restricted MMEL items. At the same time, 
Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to 
inform all operators accordingly. Consequently, EASA issued AD 2017-
0180, retaining the requirements of EASA Emergency AD 2017-0154-E, 
which was superseded, and requiring implementation of the new Airbus 
A350 MMEL MER and, consequently, restrictions for aeroplane 
dispatch.
    After EASA AD 2017-0180 was issued, Airbus developed HMCA 
[Hydraulic Monitoring and Control Application] SW [software] S4.2, 
embodied in production through Airbus mod 112090, and introduced in 
service through Airbus SB [service bulletin] A350-29-P012. 
Consequently, EASA issued AD 2017-0200 [which corresponds to FAA AD 
2018-19-19, Amendment 39-19419 (83 FR 48203, September 24, 2018)], 
retaining the requirements of EASA AD 2017-0180, which was 
superseded, and requiring modification of the aeroplane by 
installing HMCA SW S4.2.
    Since EASA AD 2017-0200 was issued, it was determined that the 
affected part need to be replaced with improved EDP. Consequently, 
Airbus issued the SB [Service Bulletin A350-29-P013, dated March 12, 
2018] to provide instructions to replace the affected parts with 
improved EDP, having P/N [part number] 53098-06, which are embodied 
in production through Airbus mod 112192.
    For the reasons described above, this [EASA] AD retains the 
requirement of EASA AD 2017-0200, which is superseded, and requires 
replacement of each affected parts with improved EDP.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0962.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Service Bulletin A350-29-P013, dated March 
12, 2018. This service information describes procedures for replacing a 
certain EDP with an improved EDP. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    This NPRM does not propose to supersede AD 2018-19-19. Rather, we 
have determined that a stand-alone AD would be more appropriate to 
address the changes in the MCAI. This proposed AD would require 
replacing the EDP with an improved EDP.
    The MCAI specifies a modification to install HMCA SW S4.2 on 
certain airplanes. This proposed AD would not require this 
modification, since the modification is required by AD 2018-19-19. 
Additionally, the MCAI prohibits installing software prior to HMCA SW 
S4.2. This proposed AD would not include that prohibition since it has 
already been prohibited by AD 2018-19-19.
    The MCAI specifies changes to the Airbus MMEL to incorporate 
dispatch restrictions. However, the FAA MMEL is already updated to 
incorporate these, and all current and future U.S. operators are 
already required to use the FAA MMEL, so this proposed AD would not

[[Page 59330]]

require changes to the MMEL as specified in the MCAI.
    Further, the MCAI notes that, after completing the modification by 
installing HMCA SW S4.2 and replacing the EDP with an improved EDP, 
Airbus A350 MMEL Minor Change V29ME1732522, dated January 3, 2018, and 
Airbus A350 MMEL Major Change V29ME1734973, dated January 30, 2018, can 
be implemented for that airplane, and those changes remove certain 
restrictions for that airplane. For U.S. registered aircraft, no 
provisions for relief are to be added to the MMEL with incorporation of 
this proposed AD. The FAA-approved MMEL currently contains more 
restrictive operational limitations, and we will update it when relief 
is justified.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time allowing a specified amount 
of time after the AD's effective date. In this case, however, we are 
using a fixed compliance date in this proposed AD. The MCAI requires 
operators of all Airbus SAS Model A350-941 airplanes to replace 
affected EDPs with improved EDPs to address an identified unsafe 
condition in a specified amount of time (within 17 months after the 
MCAI's effective date of September 6, 2018, or February 6, 2020). That 
compliance time is based on risk analysis requirements, including 
reports of fuel pump overheats and failures. To support this risk 
analysis, and to provide for coordinated implementation of EASA's 
regulations and this proposed AD, we are using the same compliance 
target in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost           Cost per  product     Cost on  U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 25 work-hours x $85 per hour =   Up to $224,400.........  Up to $226,525.........  Up to $2,491,775.
 $2,125.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed 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 known 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 proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2018-0962; Product Identifier 2018-NM-
125-AD.

(a) Comments Due Date

    We must receive comments by January 7, 2019.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Reason

    This AD was prompted by reports of an overheat failure mode of 
the hydraulic engine-driven pump (EDP), and a determination that the 
affected EDP needs to be replaced with an improved EDP. We are 
issuing this AD to address the overheat failure mode of the 
hydraulic EDP, which may cause a fast temperature rise of the 
hydraulic fluid, and, if combined with an inoperative fuel tank 
inerting system, could lead to an uncontrolled overheat of the 
hydraulic fluid, possibly resulting in ignition of the fuel-air 
mixture of the affected tank.

[[Page 59331]]

(f) Compliance

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

(g) Required Action

    Before February 6, 2020, replace each EDP having part number (P/
N) 53098-04 with an improved EDP, having P/N 53098-06, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A350-29-P013, dated March 12, 2018.

(h) Parts Installation Prohibition

    At the applicable time specified in paragraph (h)(1) or (h)(2) 
of this AD: No person may install an EDP having P/N 53098-04 on any 
airplane.
    (1) For airplanes that, as of the effective date of this AD, 
have any EDP having P/N 53098-04 installed: After modification of 
the airplane as specified by paragraph (g) of this AD.
    (2) For airplanes that, as of the effective date of this AD, are 
post-Modification 112192 and do not have any EDP having P/N 53098-04 
installed: As of the effective date of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus SAS's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0178, dated August 23, 2018, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0962.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 45 80; email [email protected]; 
internet http://www.airbus.com. You may view this service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.


    Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-25386 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-13-P