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

40938 

Vol. 80, No. 134 

Tuesday, July 14, 2015 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2014–BT–STD– 

0048] 

RIN 1904–AD37 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Intent To Establish the Central Air 

Conditioners and Heat Pumps Working 

Group To Negotiate a Notice of 

Proposed Rulemaking (NOPR) for 

Energy Conservation Standards 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of intent and 

announcement of public meeting. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) is 

giving notice of a public meeting and 

that DOE intends to establish a 

negotiated rulemaking working group 

under the Appliance Standards and 

Rulemaking Federal Advisory 

Committee (ASRAC) in accordance with 

the Federal Advisory Committee Act 

(FACA) and the Negotiated Rulemaking 

Act (NRA) to negotiate proposed 

amended energy conservation standards 

for central air conditioners and heat 

pumps standards and to discuss certain 

aspects of the proposed Federal test 

procedure. The purpose of the working 

group will be to discuss and, if possible, 

reach consensus on a proposed rule for 

amended energy conservation standards 

for central air conditioners and heat 

pumps and provide recommendations to 

DOE regarding certain aspects of the 

proposed test procedure, as authorized 

by the Energy Policy and Conservation 

Act (EPCA) of 1975, as amended. The 

working group will consist of 

representatives of parties having a 

defined stake in the outcome of the 

proposed standards and amended test 

procedure, and will consult as 

appropriate with a range of experts on 

technical issues. The working group is 

expected to make a concerted effort to 

negotiate a final term sheet by December 

31, 2015 and no extensions will be 

considered. 

DATES: DOE will host a public meeting 

and webinar on Wednesday, August 26, 

2015 from 9:00 a.m. to 4:00 p.m. in 

Washington, DC. 

Written comments and applications 

(i.e., cover letter and resume) to be 

appointed as members of the working 

group are welcome and should be 

submitted by July 28, 2015. 

ADDRESSES: U.S. Department of Energy, 

Forrestal Building, 1000 Independence 

Avenue SW., Washington, DC 20585, 

Room 8E–089. Individuals will also 

have the opportunity to participate by 

webinar. To register for the webinar and 

receive call-in information, please 

register at https://

attendee.gotowebinar.com/register/

7200494210145268481. 

Interested person may submit 

comments and an application for 

membership (including a cover letter 

and resume), identified by docket 

number EERE–2014–BT–STD–0048 any 

of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ASRAC@ee.doe.gov. Include 

docket number EERE–2014–BT–STD– 

0048 in the subject line of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, U.S. Department of Energy, 

Office of Building Technologies (EE–2J), 

950 L’Enfant Plaza SW., Washington, 

DC 20024. Phone: 202–287–1692. Email: 

asrac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Background 

III. Proposed Negotiating Procedures 

IV. Comments Requested 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Authority 

DOE is announcing its intent to 

negotiate proposed energy conservation 

standards and certain aspects of the test 

procedure for central air conditioners 

and heat pumps, under the authority of 

sections 563 and 564 of the NRA (5 

U.S.C. 561–570, Pub. L. 104–320). The 

regulation of central air conditioners 

and heat pumps standards and test 

procedure amendments that DOE is 

proposing to develop under a negotiated 

rulemaking will be developed under the 

authority of EPCA, as amended, 42 

U.S.C. 6311(1) and 42 U.S.C. 6291 et 

seq. 

II. Background 

As required by the NRA, DOE is 

giving notice that it is establishing a 

working group under ASRAC to discuss 

certain test procedure amendments and 

potentially develop proposed energy 

conservation standards for central air 

conditioners and heat pumps. 

A. Negotiated Rulemaking 

DOE has decided to use the negotiated 

rulemaking process to discuss certain 

test procedure amendments and develop 

proposed energy conservation standards 

for central air conditioners and heat 

pumps. The primary reason for using 

the negotiated rulemaking process for 

this product is that stakeholders 

strongly support a consensual 

rulemaking effort. DOE believes such a 

regulatory negotiation process will be 

less adversarial and better suited to 

resolving complex technical issues. An 

important virtue of negotiated 

rulemaking is that it allows expert 

dialog that is much better than 

traditional techniques at getting the 

facts and issues right and will result in 


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Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40939 

a proposed rule that will effectively 

reflect Congressional intent. 

A regulatory negotiation will enable 

DOE to engage in direct and sustained 

dialog with informed, interested, and 

affected parties when drafting the 

regulation, rather than obtaining input 

during a public comment period after 

developing and publishing a proposed 

rule. Gaining this early understanding of 

all parties’ perspectives allows DOE to 

address key issues at an earlier stage of 

the process, thereby allowing more time 

for an iterative process to resolve issues. 

A rule drafted by negotiation with 

informed and affected parties is 

expected to be potentially more 

pragmatic and more easily implemented 

than a rule arising from the traditional 

process. Such rulemaking improvement 

is likely to provide the public with the 

full benefits of the rule while 

minimizing the potential negative 

impact of a proposed regulation 

conceived or drafted without the full 

prior input of outside knowledgeable 

parties. Because a negotiating working 

group includes representatives from the 

major stakeholder groups affected by or 

interested in the rule, the number of 

public comments on the proposed rule 

may be decreased. DOE anticipates that 

there will be a need for fewer 

substantive changes to a proposed rule 

developed under a regulatory 

negotiation process prior to the 

publication of a final rule. 

B. The Concept of Negotiated 

Rulemaking 

Usually, DOE develops a proposed 

rulemaking using Department staff and 

consultant resources. Congress noted in 

the NRA, however, that regulatory 

development may ‘‘discourage the 

affected parties from meeting and 

communicating with each other, and 

may cause parties with different 

interests to assume conflicting and 

antagonistic positions * * *.’’ 5 U.S.C. 

561(2)(2). Congress also stated that 

‘‘adversarial rulemaking deprives the 

affected parties and the public of the 

benefits of face-to-face negotiations and 

cooperation in developing and reaching 

agreement on a rule. It also deprives 

them of the benefits of shared 

information, knowledge, expertise, and 

technical abilities possessed by the 

affected parties.’’ 5 U.S.C. 561(2)(3). 

Using negotiated rulemaking to 

develop a proposed rule differs 

fundamentally from the Department 

centered process. In negotiated 

rulemaking, a proposed rule is 

developed by an advisory committee or 

working group, chartered under FACA, 

5 U.S.C. App. 2, composed of members 

chosen to represent the various interests 

that will be significantly affected by the 

rule. The goal of the advisory committee 

or working group is to reach consensus 

on the treatment of the major issues 

involved with the rule. The process 

starts with the Department’s careful 

identification of all interests potentially 

affected by the rulemaking under 

consideration. To help with this 

identification, the Department publishes 

a notice of intent such as this one in the 

Federal Register, identifying a 

preliminary list of interested parties and 

requesting public comment on that list. 

Following receipt of comments, the 

Department establishes an advisory 

committee or working group 

representing the full range of 

stakeholders to negotiate a consensus on 

the terms of a proposed rule. 

Representation on the advisory 

committee or working group may be 

direct; that is, each member may 

represent a specific interest, or may be 

indirect, such as through trade 

associations and/or similarly-situated 

parties with common interests. The 

Department is a member of the advisory 

committee or working group and 

represents the Federal government’s 

interests. The advisory committee or 

working group chair is assisted by a 

neutral mediator who facilitates the 

negotiation process. The role of the 

mediator, also called a facilitator, is to 

apply proven consensus-building 

techniques to the advisory committee or 

working group process. 

After an advisory committee or 

working group reaches consensus on the 

provisions of a proposed rule, the 

Department, consistent with its legal 

obligations, uses such consensus as the 

basis of its proposed rule, which then is 

published in the Federal Register. This 

publication provides the required public 

notice and provides for a public 

comment period. Other participants and 

other interested parties retain their 

rights to comment, participate in an 

informal hearing (if requested), and 

request judicial review. DOE 

anticipates, however, that the preproposal consensus agreed upon by the 

advisory committee or working group 

will narrow any issues in the 

subsequent rulemaking. 

C. Proposed Rulemaking for Energy 

Conservation Standards Regarding 

Central Air Conditioners and Heat 

Pumps 

The NRA enables DOE to establish an 

advisory committee or working group if 

it is determined that the use of the 

negotiated rulemaking process is in the 

public interest. DOE intends to develop 

Federal regulations that build on the 

depth of experience accrued in both the 

public and private sectors in 

implementing standards and programs. 

DOE has determined that the 

regulatory negotiation process will 

provide for obtaining a diverse array of 

in-depth input, as well as an 

opportunity for increased collaborative 

discussion from both private-sector 

stakeholders and government officials 

who are familiar with the test 

procedures and energy efficiency of 

central air conditioners and heat pumps. 

D. Department Commitment 

In initiating this regulatory 

negotiation process to develop 

amendments to the test procedure and 

energy conservation standards for 

central air conditioners and heat pumps, 

DOE is making a commitment to 

provide adequate resources to facilitate 

timely and successful completion of the 

process. This commitment includes 

making the process a priority activity for 

all representatives, components, 

officials, and personnel of the 

Department who need to be involved in 

the rulemaking, from the time of 

initiation until such time as a final rule 

is issued or the process is expressly 

terminated. DOE will provide 

administrative support for the process 

and will take steps to ensure that the 

advisory committee or working group 

has the dedicated resources it requires 

to complete its work in a timely fashion. 

Specifically, DOE will make available 

the following support services: Properly 

equipped space adequate for public 

meetings and caucuses; logistical 

support; word processing and 

distribution of background information; 

the service of a facilitator; and such 

additional research and other technical 

assistance as may be necessary. 

To the maximum extent possible 

consistent with the legal obligations of 

the Department, DOE will use the 

consensus of the advisory committee or 

working group as the basis for the rule 

the Department proposes for public 

notice and comment. 

E. Negotiating Consensus 

As discussed above, the negotiated 

rulemaking process differs 

fundamentally from the usual process 

for developing a proposed rule. 

Negotiation enables interested and 

affected parties to discuss various 

approaches to issues rather than asking 

them only to respond to a proposal 

developed by the Department. The 

negotiation process involves a mutual 

education of the various parties on the 

practical concerns about the impact of 

standards. Each advisory committee or 

working group member participates in 

resolving the interests and concerns of 


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40940 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 

other members, rather than leaving it up 

to DOE to evaluate and incorporate 

different points of view. 

A key principle of negotiated 

rulemaking is that agreement is by 

consensus of all the interests. Thus, no 

one interest or group of interests is able 

to control the process. The NRA defines 

consensus as the unanimous 

concurrence among interests 

represented on a negotiated rulemaking 

committee or working group, unless the 

committee or working group itself 

unanimously agrees to use a different 

definition. 5 U.S.C. 562. In addition, 

experience has demonstrated that using 

a trained mediator to facilitate this 

process will assist all parties, including 

DOE, in identifying their real interests 

in the rule, and thus will enable parties 

to focus on and resolve the important 

issues. 

III. Proposed Negotiating Procedures 

A. Key Issues for Negotiation 

The following issues and concerns 

will underlie the work of the Negotiated 

Rulemaking Committee for Central Air 

Conditioners and Heat Pumps: 

• Certain aspects of the proposed test 

procedure, including key test procedure 

conditions, as applicable; and 

• Proposed energy conservation 

standards for central air conditioners 

and heat pumps, which may be 

nationally or regionally based. 

To examine the underlying issues 

outlined above, and others not yet 

articulated, all parties in the negotiation 

will need DOE to provide data and an 

analytic framework complete and 

accurate enough to support their 

deliberations. DOE’s analyses must be 

adequate to inform a prospective 

negotiation—for example, a notice of 

data availability containing a 

preliminary Technical Support 

Document or equivalent must be 

available and timely. 

B. Formation of Working Group 

A working group will be formed and 

operated in full compliance with the 

requirements of FACA and in a manner 

consistent with the requirements of the 

NRA. DOE has determined that the 

working group not exceeds 25 members. 

The Department believes that more than 

25 members would make it difficult to 

conduct effective negotiations. DOE is 

aware that there are many more 

potential participants than there are 

membership slots on the working group. 

The Department does not believe, nor 

does the NRA contemplate, that each 

potentially affected group must 

participate directly in the negotiations; 

nevertheless, each affected interest can 

be adequately represented. To have a 

successful negotiation, it is important 

for interested parties to identify and 

form coalitions that adequately 

represent significantly affected interests. 

To provide adequate representation, 

those coalitions must agree to support, 

both financially and technically, a 

member of the working group whom 

they choose to represent their interests. 

DOE recognizes that when it 

considers adding covered products and 

establishing energy efficiency standards 

for residential products and commercial 

equipment, various segments of society 

may be affected in different ways, in 

some cases producing unique 

‘‘interests’’ in a proposed rule based on 

income, gender, or other factors. The 

Department will pay attention to 

providing that any unique interests that 

have been identified, and that may be 

significantly affected by the proposed 

rule, are represented. 

FACA also requires that members of 

the public have the opportunity to 

attend meetings of the full committee 

and speak or otherwise address the 

committee during the public comment 

period. In addition, any member of the 

public is permitted to file a written 

statement with the advisory committee. 

DOE plans to follow these same 

procedures in conducting meetings of 

the working group. 

C. Interests Involved/Working Group 

Membership 

DOE anticipates that the working 

group will comprise no more than 25 

members who represent affected and 

interested stakeholder groups, at least 

one of whom must be a member of the 

ASRAC. As required by FACA, the 

Department will conduct the negotiated 

rulemaking with particular attention to 

ensuring full and balanced 

representation of those interests that 

may be significantly affected by the 

proposed rule governing rules of 

residential central air conditioners 

energy conservation standards. Section 

562 of the NRA defines the term interest 

as ‘‘with respect to an issue or matter, 

multiple parties which have a similar 

point of view or which are likely to be 

affected in a similar manner.’’ Listed 

below are parties the Department to date 

has identified as being ‘‘significantly 

affected’’ by a proposed rule regarding 

the energy efficiency of residential 

central air conditioners. 

• The Department of Energy 

• Trade Associations representing 

manufacturers of central air 

conditioners and heat pumps 

• Manufacturers of central air 

conditioners and heat pumps and 

component manufacturers and related 

suppliers 

• Distributors or contractors selling or 

installing central air conditioners and 

heat pumps 

• Utilities 

• Energy efficiency/environmental 

advocacy groups 

• Consumers 

One purpose of this notice of intent is 

to determine whether Federal 

regulations regarding central air 

conditioners and heat pumps will 

significantly affect interests that are not 

listed above. DOE invites comment and 

suggestions on its initial list of 

significantly affected interests. 

Members may be individuals or 

organizations. If the effort is to be 

fruitful, participants on the working 

group should be able to fully and 

adequately represent the viewpoints of 

their respective interests. This 

document gives notice of DOE’s process 

to other potential participants and 

affords them the opportunity to request 

representation in the negotiations. 

Those who wish to be appointed as 

members of the working group, should 

submit a request to DOE, in accordance 

with the public participation procedures 

outlined in the DATES and ADDRESSES

sections of this notice of intent. 

Membership of the working group is 

likely to involve: 

• Attendance at approximately eight 

(8), one (1) to two (2) day meetings (with 

the potential for two (2) additional one 

(1) or two (2) day meetings); 

• Travel costs to those meetings; and 

• Preparation time for those meetings. 

Members serving on the working 

group will not receive compensation for 

their services. Interested parties who are 

not selected for membership on the 

working group may make valuable 

contributions to this negotiated 

rulemaking effort in any of the following 

ways: 

• The person may request to be 

placed on the working group mailing 

list and submit written comments as 

appropriate. 

• The person may attend working 

group meetings, which are open to the 

public; caucus with his or her interest’s 

member on the working group; or even 

address the working group during the 

public comment portion of the working 

group meeting. 

• The person could assist the efforts 

of a workgroup that the working group 

might establish. 

A working group may establish 

informal workgroups, which usually are 

asked to facilitate committee 

deliberations by assisting with various 

technical matters (e.g., researching or 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40941 

preparing summaries of the technical 

literature or comments on specific 

matters such as economic issues). 

Workgroups also might assist in 

estimating costs or drafting regulatory 

text on issues associated with the 

analysis of the costs and benefits 

addressed, or formulating drafts of the 

various provisions and their 

justifications as previously developed 

by the working group. Given their 

support function, workgroups usually 

consist of participants who have 

expertise or particular interest in the 

technical matter(s) being studied. 

Because it recognizes the importance of 

this support work for the working 

group, DOE will provide appropriate 

technical expertise for such workgroups. 

D. Good Faith Negotiation 

Every working group member must be 

willing to negotiate in good faith and 

have the authority, granted by his or her 

constituency, to do so. The first step is 

to ensure that each member has good 

communications with his or her 

constituencies. An intra-interest 

network of communication should be 

established to bring information from 

the support organization to the member 

at the table, and to take information 

from the table back to the support 

organization. Second, each organization 

or coalition therefore should designate 

as its representative a person having the 

credibility and authority to ensure that 

needed information is provided and 

decisions are made in a timely fashion. 

Negotiated rulemaking can require the 

appointed members to give a significant 

sustained for as long as the duration of 

the negotiated rulemaking. Other 

qualities of members that can be helpful 

are negotiating experience and skills, 

and sufficient technical knowledge to 

participate in substantive negotiations. 

Certain concepts are central to 

negotiating in good faith. One is the 

willingness to bring all issues to the 

bargaining table in an attempt to reach 

a consensus, as opposed to keeping key 

issues in reserve. The second is a 

willingness to keep the issues at the 

table and not take them to other forums. 

Finally, good faith includes a 

willingness to move away from some of 

the positions often taken in a more 

traditional rulemaking process, and 

instead explore openly with other 

parties all ideas that may emerge from 

the working group’s discussions. 

E. Facilitator 

The facilitator will act as a neutral in 

the substantive development of the 

proposed standard. Rather, the 

facilitator’s role generally includes: 

• Impartially assisting the members of 

the working group in conducting 

discussions and negotiations; and 

• Impartially assisting in performing 

the duties of the Designated Federal 

Official under FACA. 

F. Department Representative 

The DOE representative will be a full 

and active participant in the consensus 

building negotiations. The Department’s 

representative will meet regularly with 

senior Department officials, briefing 

them on the negotiations and receiving 

their suggestions and advice so that he 

or she can effectively represent the 

Department’s views regarding the issues 

before the working group. DOE’s 

representative also will ensure that the 

entire spectrum of governmental 

interests affected by the standards 

rulemaking, including the Office of 

Management and Budget, the Attorney 

General, and other Departmental offices, 

are kept informed of the negotiations 

and encouraged to make their concerns 

known in a timely fashion. 

G. Working Group and Schedule 

After evaluating the comments 

submitted in response to this notice of 

intent and the requests for nominations, 

DOE will either inform the members of 

the working group that they have been 

selected or determine that conducting a 

negotiated rulemaking is inappropriate. 

The working group is expected to 

make a concerted effort to negotiate a 

final term sheet by December 31, 2015 

without further option for extensions. 

DOE will advise working group 

members of administrative matters 

related to the functions of the working 

group before beginning. DOE will 

establish a meeting schedule based on 

the settlement agreement and produce 

the necessary documents so as to adhere 

to that schedule. While the negotiated 

rulemaking process is underway, DOE is 

committed to performing much of the 

same analysis as it would during a 

normal standards rulemaking process 

and to providing information and 

technical support to the working group. 

IV. Comments Requested 

DOE requests comments on which 

parties should be included in a 

negotiated rulemaking to develop draft 

language pertaining to the energy 

efficiency of residential central air 

conditioners and suggestions of 

additional interests and/or stakeholders 

that should be represented on the 

working group. All who wish to 

participate as members of the working 

group should submit a request for 

nomination to DOE. 

V. Public Participation 

Members of the public are welcome to 

observe the business of the meeting and, 

if time allows, may make oral 

statements during the specified period 

for public comment. To attend the 

meeting and/or to make oral statements 

regarding any of the items on the 

agenda, email asrac@ee.doe.gov. In the 

email, please indicate your name, 

organization (if appropriate), 

citizenship, and contact information. 

Please note that foreign nationals 

participating in the public meeting are 

subject to advance security screening 

procedures which require advance 

notice prior to attendance at the public 

meeting. If a foreign national wishes to 

participate in the public meeting, please 

inform DOE as soon as possible by 

contacting Ms. Regina Washington at 

(202) 586–1214 or by email: 

Regina.Washington@ee.doe.gov so that 

the necessary procedures can be 

completed. Anyone attending the 

meeting will be required to present a 

government photo identification, such 

as a passport, driver’s license, or 

government identification. Due to the 

required security screening upon entry, 

individuals attending should arrive 

early to allow for the extra time needed. 

Due to the REAL ID Act implemented 

by the Department of Homeland 

Security (DHS) recent changes regarding 

ID requirements for individuals wishing 

to enter Federal buildings from specific 

states and U.S. territories. Driver’s 

licenses from the following states or 

territory will not be accepted for 

building entry and one of the alternate 

forms of ID listed below will be 

required. 

DHS has determined that regular 

driver’s licenses (and ID cards) from the 

following jurisdictions are not 

acceptable for entry into DOE facilities: 

Alaska, Louisiana, New York, American 

Samoa, Maine, Oklahoma, Arizona, 

Massachusetts, Washington, and 

Minnesota. 

Acceptable alternate forms of PhotoID include: U.S. Passport or Passport 

Card; An Enhanced Driver’s License or 

Enhanced ID-Card issued by the states 

of Minnesota, New York or Washington 

(Enhanced licenses issued by these 

states are clearly marked Enhanced or 

Enhanced Driver’s License); A military 

ID or other Federal government issued 

Photo-ID card. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice of intent. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
40942 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 

Issued in Washington, DC, on June 30, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy. 

[FR Doc. 2015–17252 Filed 7–13–15; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–2461; Directorate 

Identifier 2013–NM–202–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2009–18– 

15 for all Airbus Model A300, A310, 

and A300 B4–600, B4–600R, and F4– 

600R series airplanes, and Model A300 

C4–605R Variant F airplanes 

(collectively called Model A300–600 

series airplanes). AD 2009–18–15 

currently requires revising the 

Airworthiness Limitations section (ALS) 

of the Instructions for Continued 

Airworthiness (ICA) to require 

additional life limits and/or 

replacements for certain main landing 

gear and nose landing gear components. 

Since we issued AD 2009–18–15, we 

have determined that existing 

maintenance requirements and 

airworthiness limitations are inadequate 

to ensure the structural integrity of the 

airplane. This proposed AD would 

require revising the maintenance or 

inspection program to incorporate new 

maintenance requirements and 

airworthiness limitations. We are 

proposing this AD to prevent failure of 

certain system components, which 

could result in reduced structural 

integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by August 28, 2015. 

ADDRESSES: You may send comments 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 proposed AD, contact Airbus SAS, 

Airworthiness Office—EAW, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. 

You may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

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–2015– 

2461; 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 proposed AD, 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–2125; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2015–2461; Directorate Identifier 

2013–NM–202–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD 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 proposed AD. 

Discussion 

On August 24, 2009, we issued AD 

2009–18–15, Amendment 39–16011 (74 

FR 48143, September 22, 2009). AD 

2009–18–15 requires actions intended to 

address an unsafe condition for all 

Airbus Model A300, A310, and A300 

B4–600, B4–600R, and F4–600R series 

airplanes, and Model A300 C4–605R 

Variant F airplanes (collectively called 

Model A300–600 series airplanes). 

Since we issued AD 2009–18–15, 

Amendment 39–16011 (74 FR 48143, 

September 22, 2009), we have 

determined that more restrictive 

maintenance requirements and 

airworthiness limitations are necessary. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Airworthiness 

Directive 2013–0248, dated October 14, 

2013 (referred to after this as the 

Mandatory Continuing Airworthiness 

Information, or ‘‘the MCAI’’), to correct 

an unsafe condition for all Model A300, 

A310, and A300–600 series airplanes. 

The MCAI states: 

The airworthiness limitations for Airbus 

aeroplanes are currently published in 

Airworthiness Limitations Section (ALS) 

documents. 

The mandatory instructions and 

airworthiness limitations applicable to the 

Aging Systems Maintenance (ASM) are 

specified in Airbus A310 or A300–600 ALS 

Part 4 documents, which are approved by the 

European Aviation Safety Agency (EASA). 

EASA AD 2007–0092 [http://

ad.easa.europa.eu/blob/easa_ad_2007_

0092.pdf/AD_2007-0092] [which corresponds 

to FAA AD 2009–06–06, Amendment 39– 

15842 (74 FR 12228, March 24, 2009)] was 

issued to require compliance to the 

requirements as specified in these 

documents. 

The revision 02 of Airbus A310 and Airbus 

A300–600 ALS Part 4 documents introduces 

more restrictive maintenance requirements 

and/or airworthiness limitations. Failure to 

comply with the instructions of ALS Part 4 

could result in an unsafe condition [reduced 

structural integrity of the airplane.] 

For the reasons described above, this new 

[EASA] AD retains the requirements of EASA 

AD 2007–0092, which is superseded, and 

requires the implementation of the new or 

more restrictive maintenance requirements 

and/or airworthiness limitations as specified 

in Airbus A310 ALS Part 4, Revision 02, or 

Airbus A300–600 ALS Part 4, Revision 02, as 

applicable to aeroplane type/model. 

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–2015– 

2461. 


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