[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Proposed Rules]
[Pages 33873-33875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14408]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 33873]]



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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 Rond-Point Emile Dewoitine, 31700 
Blagnac, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; 
email <a href="/cdn-cgi/l/email-protection#82e3ebf0f5edf0f6eaebece7f1f1acc3b1b1b2afc3b1b6b2c2e3ebf0e0f7f1ace1edef"><span class="__cf_email__" data-cfemail="ec8d859e9b839e98848582899f9fc2addfdfdcc1addfd8dcac8d859e8e999fc28f8381">[email protected]</span></a>; 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

[[Page 33874]]

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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $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

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-2018-0584; 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

[[Page 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: <a href="/cdn-cgi/l/email-protection#fdc4d0bcb3b0d0cccccbd0bcb0b2bed0afb8aca8b8aea9aebd9b9c9cd39a928b"><span class="__cf_email__" data-cfemail="4c75610d0201617d7d7a610d01030f611e091d19091f181f0c2a2d2d622b233a">[email protected]</span></a>. 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 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.

(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 <a href="/cdn-cgi/l/email-protection#cbaaa2b9bca4b9bfa3a2a5aeb8b8e58af8f8fbe68af8fffb8baaa2b9a9beb8e5a8a4a6"><span class="__cf_email__" data-cfemail="63020a11140c11170b0a0d0610104d225050534e2250575323020a110116104d000c0e">[email protected]</span></a>; 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


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