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.

Proposed Rules Federal Register

33873 

Vol. 83, No. 138 

Wednesday, July 18, 2018 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0584; Product 

Identifier 2017–NM–173–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

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 Model A330–200, A330–200 

Freighter, and A330–300 series 

airplanes. This proposed AD was 

prompted by reports of dual flight 

management system (FMS) resets with 

the loss of flight plan (F–PLN) data. This 

proposed AD would require revising the 

airplane flight manual (AFM) to prohibit 

Required Navigation Performance— 

Authorization Required (RNP–AR) 

operations using Flight Management 

Guidance Envelope Computer (FMGEC) 

standard P5H3. This proposed AD 

would also require modifying the FMS 

software of airplanes equipped with 

FMGEC standard P5H3. We are 

proposing this AD to address the unsafe 

condition on these products. 

DATES: We must receive comments on 

this proposed AD by September 4, 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: 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, 2 RondPoint Emile Dewoitine, 31700 Blagnac, 

France; telephone +33 5 61 93 36 96; fax 

+33 5 61 93 45 80; email 

airworthiness.A330-A340@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. 

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– 

0584; or in person at the Docket 

Management Facility 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 

the Docket Operations office (telephone 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Section, Transport 

Standards Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3229. 

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– 

2018–0584; Product Identifier 2017– 

NM–173–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 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 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 2017–0233, 

dated November 23, 2017 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for all Airbus Model A330–200, Model 

A330–200 Freighter, and Model A330– 

300 series airplanes. The MCAI states: 

Operators of [Airbus] A330 aeroplanes 

fitted with a Flight Management Guidance 

Envelope Computer (FMGEC) standard P5H3 

have reported some occurrences of dual 

Flight Management System (FMS) reset with 

the loss of Flight Plan (F–PLN) data. These 

events have been identified in all flight 

phases, including Take-Off transition. 

This condition, if not corrected, 

particularly in the context of Required 

Navigation Performance—Authorization 

Required (RNP–AR) operations of the 

aeroplane, could lead to a large reduction in 

safety margins due to terrain and/or 

surrounded traffic proximity [below 

acceptable safety margins], and out of the 

context of RNP–AR operations could lead to 

an increased pilot workload. 

To address this potential unsafe condition, 

Airbus issued Aircraft Flight Manual (AFM) 

Temporary Revision (TR) 774 issue 1 

[approved October 13, 2017, to the Airbus 

A330/A340 Airplane Flight Manual] to 

provide instructions to prohibit RNP–AR 

operations. In addition, Airbus developed 

modification (mod) 207362 to allow FMS 

software downgrading from P5 to P4A 

standard, and issued [Airbus] Alert Operator 

Transmission (AOT) A22L002–17 [dated 

October 20, 2017] providing instructions to 

implement that mod on in-service 

aeroplanes. As a long term action, Airbus 

intends to publish [Airbus] Service Bulletin 

(SB) A330–22–3264 [dated March 14, 2018], 

which will supersede [Alert Operators 

Transmission] AOT A22L002–17 [dated 

October 20, 2017], to provide the same 

instructions for FMS software downgrade. 

For the reasons described above, this 

[EASA] AD requires amendment of the 

applicable AFM and operating the aeroplane 

accordingly, and requires FMS software 

downgrading of aeroplanes with FMGEC 

standard P5H3. 

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– 

0584. 

Related Service Information Under 1 

CFR Part 51 

Airbus has issued Temporary 

Revision TR774, RNP–AR Operations 


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33874 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 

Forbidden with FMGEC Standard P5H3, 

Issue 1, approved October 13, 2017, to 

the Airbus A330/A340 Airplane Flight 

Manual. The service information 

describes the operational restrictions for 

Required Navigation Performance— 

Authorization Required (RNP–AR) on 

Airbus A330 airplanes equipped with 

FMGEC standard P5H3. 

Airbus has issued Airbus Service 

Bulletin A330–22–3264, dated March 

14, 2018. The service information 

describes procedures to downgrade the 

FMS from P5 to P4A operational 

software on P5H3 FMGEC standard, by 

embodying Modification 207362S34542 

on the affected airplanes. 

The service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Other Related Service Information 

The Airbus A330/A340 Airplane 

Flight Manual (AFM) for the aircraft 

affected by this AD is required to be 

furnished with the aircraft, per 14 CFR 

25.1581. Further, operators of the 

aircraft affected by this AD must operate 

in accordance with the limitations 

specified in the AFM, per 14 CFR 91.9. 

FAA’s Determination and Requirements 

of This Proposed AD 

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. 

Costs of Compliance 

We estimate that this proposed AD 

affects 3 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 

3 work-hours × $85 per hour = $255 .......................................................................................... $0 $255 $765 

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 

■ 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): 

Airbus: Docket No. FAA–2018–0584; Product 

Identifier 2017–NM–173–AD. 

(a) Comments Due Date 

We must receive comments by September 

4, 2018. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A330– 

201, A330–202, A330–203, A330–223, A330– 

223F, A330–243, A330–243F, A330–301, 

A330–302, A330–303, A330–321, A330–322, 

A330–323, A330–341, A330–342, and A330– 

343 airplanes, certificated in any category, all 

manufacturer serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 22, Auto flight. 

(e) Reason 

This AD was prompted by reports of dual 

flight management system (FMS) resets with 

the loss of flight plan (F–PLN) data. We are 

issuing this AD to address dual FMS reset 

and loss of F–PLN data, which in the context 

of Required Navigation Performance— 

Authorization Required (RNP–AR) operations 

of the airplane could result in significantly 

reduced situational awareness of proximity 

to terrain and/or other aircraft to below 


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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 33875 

acceptable safety margins, and out of the 

context of RNP–AR operations could lead to 

an unusually high pilot workload. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Definitions 

For the purposes of this AD, the definitions 

in paragraphs (g)(1) through (g)(3) of this AD 

apply. 

(1) Group 1 airplanes are those that have 

Flight Management Guidance Envelope 

Computer (FMGEC) standard P5H3 (Airbus 

Modification 204758 Part Number (P/N) 

FMGEC C13226HA07 with P/N FMS 

operational SW PS4087700–906) embodied 

in production, or embodied in service as 

specified in Airbus Service Bulletin A330– 

22–3209; or Airbus Service Bulletin A330– 

22–3225; or Airbus Service Bulletin A330– 

22–3244; or Airbus Service Bulletin A330– 

22–3247; or Airbus Service Bulletin A330– 

22–3262, except those that have RNP–AR. 

(2) Group 2 airplanes have the same 

configuration as those in Group 1, but in 

addition have RNP–AR (Airbus Modification 

203441, or Airbus Modification 203442, or 

Airbus Modification 200624) embodied in 

production or Airbus Service Bulletin A330– 

34–3262; or Airbus Service Bulletin A330– 

34–3308; or Airbus Service Bulletin A330– 

34–3345, embodied in service. 

(3) Group 3 airplanes are those in any 

configuration other than that identified in 

paragraph (g)(1) or (g)(2) of this AD. 

(h) Airplane Flight Manual (AFM) Revision 

For Group 2 airplanes: Within 30 days after 

the effective date of this AD, revise the 

Limitations section of the Airbus A330/A340 

Airplane Flight Manual (AFM) to include the 

information in Temporary Revision TR774, 

RNP–AR Operations Forbidden with FMGEC 

Standard P5H3, Issue 1, approved October 

13, 2017 (‘‘TR774’’), and inform all flight 

crews, and, thereafter, operate the airplane 

accordingly, as specified in the TR. TR774 

prohibits the RNP–AR operation on Airbus 

A330 airplanes equipped with FMGEC 

standard P5H3. Revising the AFM to include 

TR774 may be done by inserting a copy of 

TR774 in the AFM. When this TR has been 

included in general revisions of the AFM, the 

general revisions may be inserted in the 

AFM, provided the relevant information in 

the general revision is identical to that in 

TR774, and the TR may be removed. 

(i) FMS Software Modification 

(1) For Group 1 and Group 2 airplanes: 

Within 60 days after the effective date of this 

AD, modify the airplane by installing FMS 

software P4A (P/N FMS operational SW 

PS4087700–905) on FMGEC standard P5H3 

(P/N FMGEC C13226HA07 with P/N FMS 

operational SW PS4087700–906) in 

accordance with the instructions of Airbus 

Service Bulletin A330–22–3264, dated March 

14, 2018. 

(2) For Group 2 airplanes: After 

modification of an airplane as required by 

paragraph (i)(1) of this AD, the AFM revision 

required by paragraph (h) of this AD may be 

removed from the AFM of that airplane. 

(j) Optional Modification 

For Group 3 airplanes: From the effective 

date of this AD, it is allowed to modify any 

airplane into a Group 1 or Group 2 

configuration, provided that, concurrently, 

that airplane is modified in accordance with 

the Accomplishment Instructions of Airbus 

Service Bulletin A330–22–3264, dated March 

14, 2018. 

(k) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (i) of this AD 

and optional actions specified in paragraph 

(j) of this AD, if those actions were performed 

before the effective date of this AD using 

Airbus Alert Operators Transmission—AOT 

A22L002–17, dated October 20, 2017. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Section, send it 

to the attention of the person identified in 

paragraph (m)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or the 

European Aviation Safety Agency (EASA); or 

Airbus’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. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA AD 

2017–0233, dated November 23, 2017, 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–2018–0584. 

(2) For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, International Section, Transport 

Standards Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3229. 

(3) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, 2 Rond-Point Emile Dewoitine, 

31700 Blagnac, France; telephone +33 5 61 

93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@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 June 

22, 2018. 

Michael Kaszycki, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–14408 Filed 7–17–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–103474–18] 

RIN 1545–BO63 

Tax Return Preparer Due Diligence 

Penalty Under Section 6695(g) 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking, 

partial withdrawal of notice of proposed 

rulemaking. 

SUMMARY: This document contains 

proposed regulations that amend 

portions of previously proposed 

regulations related to the tax return 

preparer penalty under section 6695(g) 

of the Internal Revenue Code (Code). 

These amendments to the previously 

proposed regulations are necessary to 

implement a recent law change that 

expands the scope of the tax return 

preparer due diligence penalty under 

section 6695(g) so that it applies with 

respect to eligibility to file a return or 

claim for refund as head of household. 

The proposed regulations affect tax 

return preparers. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by August 17, 2018. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–103474–18), Room 

5207, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand delivered Monday through 


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