[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Proposed Rules]
[Pages 55496-55498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24019]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / 
Proposed Rules  

[[Page 55496]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0508; Product Identifier 2018-NM-012-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal, which would have applied 
to certain Airbus SAS Model A350-941 airplanes. This action revises the 
notice of proposed rulemaking (NPRM) by adding airplanes to the 
applicability and proposing to require revised maintenance requirements 
and airworthiness limitations. We are proposing this airworthiness 
directive (AD) to address the unsafe condition on these products. Since 
these changes would impose an additional burden over the proposed 
requirements in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on June 11, 2018 (83 FR 26884), is reopened.
    We must receive comments on this SNPRM by December 21, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, 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 referenced 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-
0508; 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 SNPRM, 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-2018-0508; 
Product Identifier 2018-NM-012-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM based on 
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 SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus SAS Model A350-941 airplanes. The NPRM 
published in the Federal Register on June 11, 2018 (83 FR 26884). The 
NPRM was prompted by a determination that more restrictive maintenance 
requirements and airworthiness limitations are necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
maintenance requirements and airworthiness limitations.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, the service information referenced in the 
NPRM has been further revised to include new or more restrictive 
maintenance requirements and airworthiness limitations.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0179, dated August 23, 2018, to correct an unsafe condition on all 
Airbus SAS Model A350-941 and -1041 airplanes. EASA AD 2018-0179 
states:

    Certification Maintenance Requirements (CMR) for the Airbus 
A350, which are approved by EASA, are currently defined and 
published in the Airbus A350 ALS Part 3 document. These instructions 
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued AD 2018-0004 to require the actions as 
specified in Airbus A350 ALS Part 3 Revision 04.
    Since this [EASA] AD was issued, Airbus published variation 4.2 
of Airbus A350 ALS Part 3, to introduce new and more restrictive 
CMRs.
    For the reason described above, this [EASA] AD requires 
accomplishment of the actions specified in the ALS.

    EASA previously issued AD 2018-0004, dated January 9, 2018, to 
correct an unsafe condition on all Airbus SAS Model A350-941 airplanes. 
EASA AD 2018-0004 states:


[[Page 55497]]


    Certification Maintenance Requirements (CMR) for the Airbus 
A350, which are approved by EASA, are currently defined and 
published in the Airbus A350 ALS Part 3 document. These instructions 
have been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    EASA previously issued AD 2017-0029 to require the actions as 
specified in Airbus A350 ALS Part 3 Revision 03.
    Since this [EASA] AD was issued, Airbus published Revision 04 of 
Airbus A350 ALS Part 3, to introduce new and more restrictive CMRs.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0029, which is superseded, and requires 
accomplishment of the actions specified in the ALS.

    EASA ADs 2018-0004 and 2018-0179 are collectively referred to after 
this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''. 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-2018-0508.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirements (CMR), Variation 
4.2, dated July 26, 2018, which describes mandatory maintenance tasks 
that operators must perform at specified intervals. 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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received.

Request To Use Later-Approved Revisions of the Service Information

    Delta Air Lines (DAL) requested that we revise the proposed AD to 
allow use of later-approved revisions of the service information. DAL 
stated that the allowance of later-approved revisions would address the 
Airworthiness Limitation and Type Design conflict cited in the 
Supplemental Information section of the NPRM, without applying 
conditions to the applicability that are related to the original 
certificate of airworthiness date or original export certificate of 
airworthiness date. DAL also stated that Airbus recommends that 
operators consider implementing later-approved revisions to eliminate 
the need for operators to obtain an alternative method of compliance 
(AMOC) when updating maintenance programs to more current revisions and 
variations of Airbus A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR). DAL stated that the 
revisions and variations are EASA-approved documents and therefore FAA-
approved documents via bilateral agreements. DAL added that fewer AMOCs 
would reduce the workload of both the FAA and operators.
    We disagree with the commenter's request. We may not refer to any 
document that does not yet exist. Doing so violates Office of the 
Federal Register (OFR) regulations for approval of materials 
``incorporated by reference,'' as specified in 1 CFR 51.1(f). In 
general terms, we are required by these OFR regulations to either 
publish the service document contents as part of the actual AD 
language; or submit the service document to the OFR for approval as 
``referenced'' material, in which case we may only refer to such 
material in the text of an AD. An AD may refer to the service document 
only if the OFR approved it for ``incorporation by reference.'' See 1 
CFR part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either we must revise 
the AD to refer to specific later revisions, or operators must request 
approval to use later revisions as an AMOC with the AD under the 
provisions of paragraph (i)(1) of this proposed AD. We have not changed 
this proposed AD in this regard.

FAA's Determination and Proposed Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

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:
    We have determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although this figure may vary from operator to operator. In the past, 
we have estimated that this action takes 1 work-hour per airplane. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), we have determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, we 
estimate the total cost per operator to be $7,650 (90 work-hours x $85 
per work-hour).

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 and associated appliances 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

[[Page 55498]]

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2018-0508; Product Identifier 2018-NM-012-AD.

(a) Comments Due Date

    We must receive comments by December 21, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued on or before July 26, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to address safety-significant 
latent failures that would, in combination with one or more other 
specific failures or events, result in a hazardous or catastrophic 
failure condition.

(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 Airbus A350 Airworthiness Limitations Section (ALS) Part 
3, Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, as supplemented by Airworthiness Limitations 
Section (ALS) Part 3, Certification Maintenance Requirements (CMR), 
Variation 4.2, dated July 26, 2018. The initial compliance time for 
accomplishing the actions is at the applicable times specified in 
Airbus A350 Airworthiness Limitations Section (ALS) Part 3, 
Certification Maintenance Requirements (CMR), Revision 04, dated 
December 15, 2017, including Airworthiness Limitations Section (ALS) 
Part 3, Certification Maintenance Requirements (CMR), Variation 4.2, 
dated July 26, 2018; or within 90 days after the effective date of 
this AD; whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals, may be used unless the 
actions or 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: [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 2018-0179, dated August 23, 2018, and EASA AD 2018-
0004, dated January 9, 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-
2018-0508.
    (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 October 25, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-24019 Filed 11-5-18; 8:45 am]
 BILLING CODE 4910-13-P


