[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Rules and Regulations]
[Page 11428-11433]
[DOCID:fr11mr10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0789; Directorate Identifier 2008-NM-185-AD;
Amendment 39-16228; AD 2010-06-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-
3C, B4-103, B4-203, B4-2C Airplanes; Model A310 Series Airplanes; and
Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, and B4-622R
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Cracks have been found on pylon side panels (upper section) at
rib 8 on Airbus A300, A310 and A300-600 aircraft equipped with
General Electric engines. Investigation of these findings indicates
that this problem is likely to affect aircraft of this type design
with other engine installations. This condition, if not corrected,
can lead to reduced strength [structural integrity] of the pylon
primary structure.
* * * * *
    The unsafe condition is reduced structural integrity of the pylon
primary structure, which could cause detachment of the engine from the
fuselage. We are issuing this AD to require actions to correct the
unsafe condition on these products.

DATES: This AD becomes effective April 15, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 15,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 21, 2009
(74 FR 48024). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Cracks have been found on pylon side panels (upper section) at
rib 8 on Airbus A300, A310 and A300-600 aircraft equipped with
General Electric engines. Investigation of these findings indicates
that this problem is likely to affect aircraft of this type design
with other engine installations. This condition, if not corrected,
can lead to reduced strength [structural integrity] of the pylon
primary structure.
    In order to detect any crack propagation at an early stage, thus
avoiding an extensive repair, Airbus issued Service Bulletins (SB)
A300-54-0075, A310-54-2018 and A300-54-6015. * * *
    This AD requires the implementation of this * * * inspection
programme.

    The unsafe condition is reduced structural integrity of the pylon
primary structure, which could cause detachment of the engine from the
fuselage. Required actions include repetitive detailed visual
inspections, or repetitive eddy current and detailed visual
inspections, to detect cracks, depending on the airplane configuration,
and corrective actions if necessary. The corrective actions include
repairing the cracking, and contacting Airbus for repair instructions
and doing the repair, as applicable. You may obtain further information
by examining the MCAI in the AD docket.

Comments

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

Request To Clarify Reporting Requirement

    American Airlines requests that we remove the requirement for
reporting findings to Airbus. The commenter states that Appendix 1, 2,
and 3 in Airbus Service Bulletin A300-54-6015 require findings to be
reported; however, the proposed rule specifically excludes Appendix 1,
2, and 3 in Table 2 of this AD. American Airlines states the difference
is not addressed in the proposed rule. The commenter also states that
reporting findings within a specified time period has no effect on
improving safety and should not be mandated by the proposed rule.
    We agree that reporting inspection findings to Airbus is not
necessary in this AD for the reasons stated by the commenter. Since the
MCAI requires reporting inspection findings to Airbus and it is not our
intent to require those reports, we have added Note 2 in this AD to
clarify that this AD does not include a reporting requirement.

Request To Refer to Paragraph 3.B. in Airbus Mandatory Service Bulletin
A300-54-6015, Revision 02, Dated June 26, 2008, for Inspection Task

    The commenter, R. L. Vernon, requests that paragraph (f)(1) of the
NPRM refer to paragraph 3.B. of Airbus Mandatory Service Bulletin A300-
54-6015, Revision 02, dated June 26, 2008, rather than paragraph 3.E.,
for the inspection task. The commenter states

that paragraph 3.E. incorrectly calls for the access panels to be
removed, rather than installed.
    We concur with the request to refer to paragraph 3.B of Airbus
Mandatory Service Bulletin A300-54-6015, Revision 02, dated June 26,
2008. It appears there is a typographical error in paragraph 3.E. of
Airbus Mandatory Service Bulletin A300-54-6015, Revision 02, dated June
26, 2008, which instructs operators to remove access panels rather than
to install access panels. We have revised paragraph (f) of this AD to
refer to the specific section of the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A300-54-6015, Revision 02, dated June
26, 2008, for that action. We have also revised paragraphs (f)(4) and
(f)(7) of this AD to refer to paragraph 3.C. rather than paragraph 3.B.
of the Accomplishment Instructions.

Request To Extend Grace Period

    FedEx requests that the grace period for the inspection to detect
cracking be extended from 250 flight cycles to 350 flight cycles. FedEx
states the inspection threshold/grace periods do not fit into their
planned scheduled maintenance checks. FedEx states that 61 of 95
affected airplanes have exceeded the AD compliance threshold, and thus
will be subject to the grace period of 250 flight cycles. FedEx states
that the grace period of 250 flight cycles does not allow all airplanes
to be inspected at a B-check (every 500 flight hours), thereby
requiring the airplanes to be inspected at a special visit.
    We do not agree with the request to extend the grace period. An
extension to the grace period cannot be provided easily and depends on
the airplane and structure configuration, as well as the number of
flight cycles and flight hours accumulated from repair embodiment or
from first flight. Under the provisions of paragraph (g)(1) of the
final rule, we will consider requests for approval of an extension of
the grace period if sufficient data are submitted to substantiate that
the new grace period would provide an acceptable level of safety. We
have not changed the AD in this regard.

Request for Clarification of Table 1 of the NPRM

    FedEx requests that the compliance times listed in Table 1 of the
NPRM be written more clearly. FedEx states that the 18,000-flight-cycle
criterion appears to be arbitrary and adds confusion for the reader.
FedEx provides an example that excludes the criterion of 18,000 flight
cycles.
    We disagree with the request to change Table 1 of the NPRM. The
thresholds specified in the second column of that table were derived
from the note in the Configuration 01 table in paragraph 1.E.(2) of
Airbus Service Bulletin A300-54-6015, Revision 02, dated June 26, 2008.
The note states that the inspection is to be done within 2,000 flight
cycles without exceeding 20,000 total flight cycles/40,000 total flight
hours from first flight. The compliance times specified in Table 1 of
this AD reflect the intent of Airbus Mandatory Service Bulletin A300-
54-6015, Revision 02, dated June 26, 2008. We have not changed the AD
in this regard.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Explanation of Change of Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work-hour to $85 per
work-hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 230 products of U.S. registry.
We also estimate that it will take about 4 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $78,200, or $340 per product.

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.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 AD:

2010-06-04 Airbus: Amendment 39-16228. Docket No. FAA-2009-0789;
Directorate Identifier 2008-NM-185-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes, certificated in any
category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD.
    (1) Airbus Model A300 B2-1C, A300 B2-203, A300 B2K-3C, A300 B4-
103, A300 B4-203, and A300 B4-2C airplanes, all serial numbers
incorporating Airbus Modification 02434 or 03599;
    (2) Airbus Model A310-203, A310-204, A310-221, A310-222, A310-
304, A310-322, A310-324, and A310-325 airplanes, all serial numbers,
except airplanes incorporating Airbus Modification 10432;
    (3) Airbus Model A300 B4-601, A300 B4-603, A300 B4-605R, A300
B4-620, A300 B4-622, and A300 B4-622R airplanes, all serial numbers,
except airplanes incorporating Airbus Modification 10432.

Subject

    (d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    ``Cracks have been found on pylon side panels (upper section) at
rib 8 on Airbus A300, A310 and A300-600 aircraft equipped with
General Electric engines. Investigation of these findings indicates
that this problem is likely to affect aircraft of this type design
with other engine installations. This condition, if not corrected,
can lead to reduced strength [structural integrity] of the pylon
primary structure.
    ``In order to detect any crack propagation at an early stage,
thus avoiding an extensive repair, Airbus issued Service Bulletins
(SB) A300-54-0075, A310-54-2018 and A300-54-6015. * * *
    ``This AD requires the implementation of this * * * inspection
programme.''

    The unsafe condition is reduced structural integrity of the
pylon primary structure, which could cause detachment of the engine
from the fuselage. Required actions include repetitive detailed
visual inspections, or repetitive eddy current and detailed visual
inspections, to detect cracks, depending on the airplane
configuration, and corrective actions if necessary. The corrective
actions include repairing the cracking, and contacting Airbus for
repair instructions and doing the repair, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Configuration 01 airplanes as identified in the
applicable service bulletin identified in Table 2 of this AD: At the
applicable time specified in Table 1 of this AD, except as required
by paragraphs (f)(2) and (f)(3) of this AD, perform a detailed
visual inspection of the pylons 1 and 2 side panels (upper section)
at rib 8, in accordance with paragraph 3.B. of the Accomplishment
Instructions of the applicable service bulletin identified in Table
2 of this AD. Repeat the inspection at the time specified in Table 1
of this AD.

                                  Table 1--Compliance Times for Configuration 1
----------------------------------------------------------------------------------------------------------------
                                                              Whichever occurs later
                                                     ----------------------------------------   And repeat the
           For model--                 That have      Inspect before the                         inspection at
                                     accumulated--     accumulation of--      Or within--      intervals not to
                                                                                exceed--
----------------------------------------------------------------------------------------------------------------
A300 B2-1C, B2-203, and B2K-3C    <=17,500 total      5,350 total flight  2,500 flight        4,300 flight
 airplanes.                        flight cycles.\1\.  cycles.             cycles.\2\.         cycles.
A300 B2-1C, B2-203, and B2K-3C    >17,500 total       20,000 total        250 flight          4,300 flight
 airplanes.                        flight.\1\.         flight cycles or    cycles.\2\.         cycles.
                                                       40,000 total
                                                       flight hours,
                                                       whichever occurs
                                                       first.
A300 B4-103, B4-203, and B4-2C    <=18,000 total      5,350 total flight  2,000 flight        4,300 flight
 airplanes.                        flight cycles.\1\.  cycles.             cycles.\2\.         cycles.
A300 B4-103, B4-203, and B4-2C    >18,000 total       20,000 total        250 flight          4,300 flight
 airplanes.                        flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles.
                                                       40,000 total
                                                       flight hours,
                                                       whichever occurs
                                                       first.
A300 B4-601, B4-603, B4-605R, B4- <=18,000 total      4,200 total flight  2,000 flight        3,600 flight
 620, B4-622, and B4-622R          flight cycles.\1\.  cycles.             cycles.\2\.         cycles.
 airplanes.
A300 B4-601, B4-603, B4-605R, B4- >18,000 total       20,000 total        250 flight          3,600 flight
 620, B4-622, and B4-622R          flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles.
 airplanes.                                            40,000 total
                                                       flight hours,
                                                       whichever occurs
                                                       first.
A310-200 airplanes with GE CF6-   <=18,000 total      9,700 total flight  1,500 flight        6,700 flight
 80A3 or Pratt & Whitney engines.  flight cycles.\1\.  cycles or 19,400    cycles.\2\.         cycles or 13,400
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-200 airplanes with GE CF6-   >18,000 total       19,500 total        250 flight          6,700 flight
 80A3 or Pratt & Whitney engines.  flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 13,400
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-200 airplanes with GE CF6-   <=18,000 total      7,800 total flight  1,500 flight        5,800 flight
 80C2 engines.                     flight cycles.\1\.  cycles or 15,600    cycles.\2\.         cycles or 11,600
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.

A310-200 airplanes with GE CF6-   >18,000 total       19,500 total        250 flight          5,800 flight
 80C2 engines.                     flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 11,600
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-300 SR \3\ airplanes with    <=18,000 total      8,600 total flight  1,500 total flight  6,700 flight
 Pratt & Whitney JT9D engines.     flight cycles.\1\.  cycles or 24,000    cycles.\2\.         cycles or 18,700
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-300 SR \3\ airplanes with    >18,000 total       19,500 total        250 flight          6,700 flight
 Pratt & Whitney JT9D engines.     flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 18,700
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-300 SR \3\ airplanes with    <=18,000 total      7,000 total flight  1,500 flight        5,700 flight
 GE engines.                       flight cycles.\1\.  cycles or 19,600    cycles.\2\.         cycles or 15,900
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-300 SR \3\ airplanes with    >18,000 total       19,500 total        250 flight          5,700 flight
 GE engines.                       flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 15,900
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-300 SR \3\ airplanes with    <=18,000 total      7,000 total flight  1,500 flight        5,800 flight
 Pratt & Whitney 4000 engines.     flight cycles.\1\.  cycles or 19,600    cycles.\2\.         cycles or 16,200
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-300 SR \3\ airplanes with    >18,000 total       19,500 total        250 flight          5,800 flight
 Pratt & Whitney 4000 engines.     flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 16,200
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-300 LR \4\ airplanes with    <=18,000 total      5,900 total flight  1,500 flight        6,000 flight
 Pratt & Whitney JT9D engines.     flight cycles.\1\.  cycles or 29,500    cycles.\2\.         cycles or 30,300
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-300 LR \4\ airplanes with    >18,000 total       19,500 total        250 flight          6,000 flight
 Pratt & Whitney JT9D engines.     flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 30,300
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-300 LR \4\ airplanes with    <=18,000 total      4,800 total flight  1,500 flight        5,100 flight
 GE engines.                       flight cycles.\1\.  cycles or 24,100    cycles.\2\.         cycles or 25,500
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-300 LR \4\ airplanes with    >18,000 total       19,500 total        250 flight          5,100 flight
 GE engines.                       flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 25,500
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
A310-300 LR \4\ airplanes with    <=18,000 total      4,800 total flight  1,500 flight        5,200 flight
 Pratt & Whitney 4000 engines.     flight cycles.\1\.  cycles or 24,000    cycles.\2\.         cycles or 26,300
                                                       total flight                            flight hours,
                                                       hours, whichever                        whichever occurs
                                                       occurs first.                           first.
A310-300 LR \4\ airplanes with    >18,000 total       19,500 total        250 flight          5,200 flight
 Pratt & Whitney 4000 engines.     flight cycles.\1\.  flight cycles or    cycles.\2\.         cycles or 26,300
                                                       55,500 total                            flight hours,
                                                       flight hours,                           whichever occurs
                                                       whichever occurs                        first.
                                                       first.
----------------------------------------------------------------------------------------------------------------
\1\ As of the effective date of this AD.
\2\ After the effective date of this AD.
\3\ ``SR'' applies to airplanes with average flights less than 4 flight hours.
\4\ ``LR'' refers to airplanes with average flights of 4 or more flight hours.

    (2) For Model A300 and A300-600 airplanes that have accumulated
more than 40,000 total flight hours as of the effective date of this
AD: Within 250 flight cycles after the effective date of this AD, do
the actions specified in paragraph (f)(1) of this AD.
    (3) For Model A310 airplanes that have accumulated more than
55,500 total flight hours as of the effective date of this AD:
Within 250 flight cycles after the effective date of this AD, do the
actions specified in paragraph (f)(1) of this AD.
    (4) For Configuration 01 airplanes, as identified in the
applicable service bulletin identified in Table 2 of this AD: If a
crack is found during any inspection required by this AD, before
further flight, install a doubler, in accordance with paragraph 3.C.
of the Accomplishment Instructions of the applicable service
bulletin identified in Table 2 of this AD.
    (5) For Configuration 02 airplanes, as identified in the
applicable service bulletin identified in Table 2 of this AD: At the
applicable time specified in paragraph 1.E.(2) of the applicable
service bulletin identified in Table 2 of this AD, or within 250
flight cycles after the effective date of this AD, whichever occurs
later, perform a detailed visual inspection of the pylons 1 and 2
side panels (upper section) at rib 8, in accordance with paragraph
3.B. of the Accomplishment Instructions of the applicable service
bulletin identified in Table 2 of this AD.
    (6) For Configuration 03 airplanes, as identified in the
applicable service bulletin identified in Table 2 of this AD: At the
applicable time specified in paragraph 1.E.(2) of the applicable
service bulletin identified in Table 2 of this AD, or within 250
flight cycles after the effective date of this AD, whichever occurs
later, perform a detailed visual inspection, and a high frequency
eddy current inspection as applicable, of the pylons 1 and 2 side
panels (upper section) at rib 8, in accordance with paragraph 3.B.
of the Accomplishment Instructions of the

applicable service bulletin identified in Table 2 of this AD.
    (7) For Configuration 02 and 03 airplanes, as identified in the
applicable service bulletin identified in Table 2 of this AD: If a
crack is found during any inspection required by paragraph (f)(1),
(f)(5), or (f)(6) of this AD, before further flight, repair in
accordance with paragraph 3.C. of the Accomplishment Instructions of
the applicable service bulletin identified in Table 2 of this AD.
    (8) For all airplanes, except those in Configuration 01, as
identified in the applicable service bulletin identified in Table 2
of this AD: Repeat the inspection specified in paragraph (f)(1),
(f)(5), or (f)(6) of this AD, as applicable, at the intervals
specified in paragraph 1.E.(2) of the applicable service bulletin
identified in Table 2 of this AD.

                                           Table 2--Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                         Use Airbus Mandatory Service
              For model--                         Bulletin--            Revision--             Dated--
----------------------------------------------------------------------------------------------------------------
A300 B2-1C, B2-203, B2K-3C, B4-103, B4- A300-54-0075, excluding                 02  June 26, 2008.
 203, and B4-2C airplanes                Appendices 1, 2, and 3.
A300 B4-601, B4-603, B4-605R, B4-620,   A300-54-6015, excluding                 02  June 26, 2008.
 B4-622, and B4-622R airplanes           Appendices 1, 2, and 3.
A310 series airplanes.................  A310-54-2018, excluding                 02  June 26, 2008.
                                         Appendices 1, 2, and 3.
----------------------------------------------------------------------------------------------------------------

     (9) Inspections and corrective actions accomplished prior to
the effective date of this AD in accordance with the service
bulletins identified in Table 3 of this AD, as applicable, are
acceptable for compliance with the corresponding requirements of
this AD.

                  Table 3--Previous Service Information
------------------------------------------------------------------------
     Service Bulletin--          Revision--             Dated--
------------------------------------------------------------------------
Airbus Mandatory Service      01.............  November 9, 2007.
 Bulletin A300-54-0075.
Airbus Mandatory Service      01.............  November 9, 2007.
 Bulletin A300-54-6015.
Airbus Mandatory Service      01.............  November 16, 2007.
 Bulletin A310-54-2018.
Airbus Service Bulletin A300- Original.......  August 11, 1993.
 54-0075.
Airbus Service Bulletin A300- Original.......  August 11, 1993.
 54-6015.
Airbus Service Bulletin A310- Original.......  August 11, 1993.
 54-2018.
------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    (1) Although the MCAI/service information allows further flight
after cracks are found during compliance with certain actions, this
AD requires that you repair the crack(s) before further flight.
    (2) Although the MCAI specifies to send all inspection results
to Airbus, this AD does not include that requirement.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0181, dated October 1, 2008, and the applicable
service bulletins identified in Table 2 of this AD, for related
information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 4 of
this AD, as applicable, to do the actions required by this AD,
unless the AD specifies otherwise.

                      Table 4--Service Information
------------------------------------------------------------------------
  Airbus Mandatory Service
         Bulletin--              Revision--             Dated--
------------------------------------------------------------------------
A300-54-0075, excluding       02.............  June 26, 2008.
 Appendices 1, 2, and 3.
A300-54-6015, excluding       02.............  June 26, 2008.
 Appendices 1, 2, and 3.
A310-54-2018, excluding       02.............  June 26, 2008.
 Appendices 1, 2, and 3.
------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington on March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5162 Filed 3-10-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Rules and Regulations]
[Pages 67684-67685]
[FR Doc No: 2018-28346]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0345; Airspace Docket No. 17-AAL-1]
RIN 2120-AA66

Amendment of Class E Airspace for the Following Alaska Towns;
Barrow, AK; Chevak, AK; Clarks Point, AK; Elim, AK; and Golovin, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from
1,200 feet above the surface in Alaska at Wiley Post/Will Rogers
Memorial Airport, Barrow; Chevak Airport; Clarks Point Airport; Elim
Airport; and Golovin Airport. This action adds exclusionary language to
the legal descriptions of these airports to exclude Class E airspace
extending beyond 12 miles from the shoreline, and ensures the safety
and management of aircraft within the National Airspace System. Also,
an editorial change is made in the associated airspace designation for
Chevak Airport.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Bonnie Malgarini, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 1,200 feet above
the surface at Wiley Post/Will Rogers Memorial Airport, Barrow; Chevak
Airport, Clarks Point Airport, Elim Airport, and Golovin Airport, AK,
to support IFR operations in standard instrument approach and departure
procedures at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 37774; August 2, 2018) for Docket No. FAA-2017-0345 to
amend Class E airspace extending upward from 1,200 feet above the
surface at Wiley Post/Will Rogers Memorial Airport, Barrow; Chevak
Airport, Clarks Point Airport, Elim Airport, and Golovin Airport, AK,
to support IFR operations in standard

instrument approach and departure procedures at these airports.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending to Title 14 Code of Federal Regulations (14
CFR) part 71 by modifying Class E airspace extending upward from 1,200
feet above the surface at Wiley Post/Will Rogers Memorial Airport,
Barrow, AK; Chevak Airport, Clarks Point Airport, Elim Airport, and
Golovin Airport, AK. This action adds language to the legal
descriptions of these airports that reads ``excluding that airspace
that extends beyond 12 miles from the shoreline''. An editorial change
is also made to the Chevak airspace designation removing the city from
the airport name to comply with a change to FAA Order 7400.2L,
Procedures for Handling Airspace Matters.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Barrow, AK [Amended]

Wiley Post/Will Rogers Memorial Airport, AK
    (Lat. 71[deg]17'06'' N; long. 156[deg]46' 07'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Wiley Post/Will Rogers Memorial
Airport; and that airspace extending upward from 1,200 feet above
the surface within a 73-mile radius of the Wiley Post/Will Rogers
Memorial Airport, excluding that airspace extending beyond 12 miles
of the shoreline.

AAL AK E5 Chevak, AK [Amended]

Chevak Airport, AK
    (Lat. 61[deg]32'27'' N, long. 165[deg]36'03'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.0-mile radius of Chevak Airport; and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of Chevak Airport, excluding that airspace extending beyond
12 miles of the shoreline.

AAL AK E5 Clarks Point, AK [Amended]

Clarks Point Airport, AK
    (Lat. 58[deg]50'01'' N, long. 158[deg]31'46'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Clarks Point Airport; and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of the Clarks Point Airport, excluding that airspace
extending beyond 12 miles of the shoreline.

AAL AK E5 Elim, AK [Amended]

Elim Airport, AK
    (Lat. 64[deg]36'54'' N, Long. 162[deg]16'14'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Elim Airport, and within 3.7 miles
either side of the 015[deg] bearing from the Elim Airport, extending
from the 6.8-mile radius, to 12.6 miles north of Elim Airport; and
that airspace extending upward from 1,200 feet above the surface
within a 74-mile radius of the Elim Airport, excluding that airspace
extending beyond 12 miles of the shoreline.

AAL AK E5 Golovin, AK [Amended]

Golovin Airport, AK
    (Lat. 64[deg]33'02'' N, long. 163[deg]00'26'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Golovin Airport, and that airspace
extending upward from 1,200 feet above the surface within a 30-mile
radius of lat. 64[deg]43'47'' N, long. 163[deg]15'17'' W and a 30-
mile radius of lat. 64[deg]17'57'' N, long. 163[deg]01'41'' W,
excluding that airspace extending beyond 12 miles of the shoreline.

    Issued in Seattle, Washington, December 19, 2018.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-28346 Filed 12-28-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40816-40819]
[FR Doc No: 2016-14807]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R04-OAR-2016-0018; FRL-9948-02-Region 4]

Air Plan Approval and Air Quality Designation; TN; Redesignation
of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On January 19, 2016, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), Air
Pollution Control Division, submitted a request for the Environmental
Protection Agency (EPA) to redesignate the portion of Tennessee that is
within the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR)
2008 8-hour ozone nonattainment area (hereafter referred to as the
``Memphis, TN-MS-AR Area'' or ``Area'') and a related State
Implementation Plan (SIP) revision containing a maintenance plan and
base year inventory for the Area. EPA is taking the following separate
final actions related to the January 19, 2016, redesignation request
and SIP revision: Approving the base year emissions inventory for the
Area into the SIP; determining that the Memphis, TN-MS-AR Area is
attaining the 2008 8-hour ozone National Ambient Air Quality Standards
(NAAQS); approving the State's plan for maintaining attainment of the
2008 8-hour ozone NAAQS in the Area, including the motor vehicle
emissions budgets (MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) for the year 2027 for the Tennessee
portion of the Area, into the SIP; and redesignating the Tennessee
portion of the Area to attainment for the 2008 8-hour ozone NAAQS.
Additionally, EPA finds the MVEBs for the Tennessee portion of the Area
adequate for the purposes of transportation conformity.

DATES: This rule will be effective July 25, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0018. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann can be
reached by phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 21, 2012, EPA designated areas as unclassifiable/attainment
or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated
on March 27, 2008. See 77 FR 30088. The Memphis, TN-MS-AR Area was
designated nonattainment for the 2008

8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012) using
2008-2010 ambient air quality data. See 77 FR 30088. The Memphis, TN-
MS-AR Area consists of a portion of DeSoto County in Mississippi, all
of Shelby County in Tennessee, and all of Crittenden County in
Arkansas. At the time of designation, the Memphis, TN-MS-AR Area was
classified as a marginal nonattainment area for the 2008 8-hour ozone
NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS
(SIP Implementation Rule),\1\ EPA established ozone nonattainment area
attainment dates based on Table 1 of section 181(a) of the Clean Air
Act (CAA or Act). This established an attainment date three years after
the July 20, 2012, effective date for areas classified as marginal
areas for the 2008 8-hour ozone nonattainment designations. Therefore,
the Memphis, TN-MS-AR Area's attainment date is July 20, 2015.
---------------------------------------------------------------------------

    \1\ This rule, entitled Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements and published at 80 FR 12264 (March 6, 2015), addresses
a range of nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), major new source review (NSR), emission
inventories, and the timing of SIP submissions and of compliance
with emission control measures in the SIP. This rule also addresses
the revocation of the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone NAAQS are revoked.
---------------------------------------------------------------------------

    Based on the 2008 8-hour ozone nonattainment designation for the
Memphis, TN-MS-AR Area, Tennessee was required to develop a
nonattainment SIP revision addressing certain Clean Air Act (CAA or
Act) requirements. Specifically, pursuant to CAA section 182(a)(3)(B)
and section 182(a)(1), the state was required to submit a SIP revision
addressing emissions statements and base year emissions inventory
requirements, respectively, for its portion of the Area. EPA approved
the emissions statements requirements for the Tennessee portion of the
Area into the SIP in a final action published on March 5, 2015. See 80
FR 11974.
    On January 19, 2016, TDEC requested that EPA redesignate
Tennessee's portion of the Memphis, TN-MS-AR Area to attainment for the
2008 8-hour ozone NAAQS, and submitted a SIP revision containing a
section 182(a)(1) base year emissions inventory and the State's plan
for maintaining attainment of the 2008 8-hour ozone standard in the
Area, including the MVEBs for NOX and VOC for the year 2027
for the Tennessee portion of the Area.\2\ In a notice of proposed
rulemaking (NPRM) published on April 19, 2016, EPA proposed to: (1)
Approve and incorporate the base year emissions inventory into the SIP
as meeting the requirements of section 182(a)(1); (2) determine that
the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS;
(3) approve and incorporate into the Tennessee SIP the State's plan for
maintaining attainment of the 2008 8-hour ozone standard in the Area,
including the 2027 MVEBs for NOX and VOC for Tennessee's
portion of Memphis, TN-MS-AR Area; and (4) redesignate the Tennessee
portion of the Area to attainment for the 2008 8-hour ozone NAAQS. See
81 FR 22948. In that notice, EPA also notified the public of the status
of the Agency's adequacy determination for the NOX and VOC
MVEBs for Tennessee's portion of Memphis, TN-MS-AR Area. No comments
were received on the April 19, 2016, proposed rulemaking. The details
of Tennessee's submittal and the rationale for EPA's actions are
further explained in the NPRM. See 81 FR 22948 (April 19, 2016).
---------------------------------------------------------------------------

    \2\ The Tennessee Department of Environment and Conservation Air
Pollution Control Board adopted the SIP revision containing the
maintenance plan on January 13, 2016.
---------------------------------------------------------------------------

II. What are the effects of these actions?

    Approval of Tennessee's redesignation request changes the legal
designation of Shelby County in the Memphis, TN-MS-AR Area, found at 40
CFR 81.325, from nonattainment to attainment for the 2008 8-hour ozone
NAAQS. Approval of Tennessee's associated SIP revision also
incorporates a section 182(a)(1) base year emissions inventory and a
plan into the SIP for maintaining the 2008 8-hour ozone NAAQS in the
Tennessee portion of the Area through 2027. The maintenance plan
establishes NOX and VOC MVEBs for 2027 for the Shelby
County, Tennessee and includes contingency measures to remedy any
future violations of the 2008 8-hour ozone NAAQS and procedures for
evaluating potential violations. The MVEBs for the Tennessee portion of
the Memphis, TN-MS-AR Area, along with the allocations from the safety
margin, are provided in the table below.\3\
---------------------------------------------------------------------------

    \3\ As discussed in the NPRM, the safety margin is the
difference between the attainment level of emissions (from all
sources) and the projected level of emissions (from all sources) in
the maintenance plan. Tennessee chose to allocate a portion of the
available safety margin to the NOX and VOC MVEBs for
2027. TDEC has allocated 49.04 tpd of the NOX safety
margin to the 2027 NOX MVEB and 13.19 tpd of the VOC
safety margin to the 2027 VOC MVEB.

      MVEBs for the Tennessee Portion of the Memphis, TN-MS-AR Area
                                  [tpd]
------------------------------------------------------------------------
                                                              2027
                                                       -----------------
                                                          NOX      VOC
------------------------------------------------------------------------
On-Road Emissions.....................................    12.51     5.81
Safety Margin Allocated to MVEBs......................    49.04    13.19
Conformity MVEBs......................................    61.56    19.01
------------------------------------------------------------------------

III. Final Action

    EPA is taking a number of final actions regarding Tennessee's
January 19, 2016, request to redesignate the Tennessee portion of the
Memphis, TN-MS-AR Area to attainment and associated SIP revision.
First, EPA is approving and incorporating Tennessee's section 182(a)(1)
base year emissions inventory for the Tennessee portion of the Area
into the SIP.
    Second, EPA is determining that the Memphis, TN-MS-AR Area is
attaining the 2008 8-hour ozone NAAQS.
    Third, EPA is approving and incorporating the maintenance plan for
the Tennessee portion of the Memphis, TN-MS-AR Area, including the
NOX and VOC MVEBs for 2027, into the Tennessee SIP. The
maintenance plan demonstrates that the Area will continue to maintain
the 2008 8-hour ozone NAAQS through 2027.
    Fourth, EPA is determining that Tennessee has met the criteria
under CAA section 107(d)(3)(E) for redesignation of the State's portion
of the Memphis, TN-MS-AR Area from nonattainment to attainment for the
2008 8-hour ozone NAAQS. On this basis, EPA is approving Tennessee's
redesignation request. As mentioned above, approval of the
redesignation request changes the official designation of Shelby
County, Tennessee for the 2008 8-hour ozone NAAQS from nonattainment to
attainment, as found at 40 CFR part 81.
    EPA is also notifying the public that EPA finds the newly-
established NOX and VOC MVEBs for the Tennessee portion of
the Memphis, TN-MS-AR Area adequate for the purpose of transportation
conformity. Within 24 months from this final rule, the transportation
partners will need to demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR 93.104(e)(3).

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section

107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by state law. A redesignation to attainment does
not in and of itself create any new requirements, but rather results in
the applicability of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by August 22, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. These actions may not be challenged later in proceedings to
enforce their requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: June 10, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding entries for ``2008 8-hour
Ozone Maintenance Plan for the Memphis TN-MS-AR Area'' and ``2008 8-
hour Ozone Emissions Inventory for the Memphis TN-MS-AR Area'' at the
end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP      Applicable geographic or        State        EPA approval
           provision                 nonattainment area      effective date        date           Explanation
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
2008 8-hour Ozone Maintenance   Shelby County..............      01/13/2016  6/23/2016
 Plan for the Memphis TN-MS-AR                                                [Insert
 Area.                                                                        citation of
                                                                              publication].
2008 8-hour Ozone Emissions     Shelby County..............      01/13/2016  6/23/2016
 Inventory for the Memphis TN-                                                [Insert
 MS-AR Area.                                                                  citation of
                                                                              publication].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
4. In Sec.  81.343, the table entitled ``Tennessee--2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended under ``Memphis, TN-MS-AR:''
by revising the entry for ``Shelby County'' to read as follows:

Sec.  81.343  Tennessee.

* * * * *

                                       Tennessee--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Memphis, TN-MS-AR: \2\
    Shelby County.................       6/23/2016  Attainment...........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2016-14807 Filed 6-22-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72060-72062]
[FR Doc No: 2016-25220]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-E-0463]

Determination of Regulatory Review Period for Purposes of Patent
Extension; PRILOSEC OTC

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for PRILOSEC OTC and is publishing this notice
of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
December 19, 2016. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by April 17,
2017. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.

     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2004-E-0463 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; PRILOSEC OTC.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product PRILOSEC OTC
(omeprazole magnesium). PRILOSEC OTC is indicated for treatment of
frequent heartburn for consumers 18 years of age and older. Subsequent
to this approval, the USPTO received a patent term restoration
application for PRILOSEC OTC (U.S. Patent No. 5,817,338) from
AstraZeneca AB, and the USPTO requested FDA's assistance in determining
this patent's eligibility for patent term restoration. In a letter
dated October 19, 2004, FDA advised the USPTO that this human drug
product had undergone a regulatory review period and that the approval
of PRILOSEC OTC represented the first permitted commercial marketing or
use of the product. Thereafter, the USPTO requested that FDA determine
the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
PRILOSEC OTC is 2,045 days. Of this time, 804 days occurred during the
testing phase of the regulatory review period, while 1,241 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: November 15, 1997. The applicant claims November 14, 1997,
as the date the investigational new drug application (IND) became
effective. However, FDA records indicate that the IND effective date
was November 15, 1997, which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: January
27, 2000. FDA has verified the applicant's claim that the new drug
application (NDA) for PRILOSEC OTC (NDA 21-229) was initially submitted
on January 27, 2000.
    3. The date the application was approved: June 20, 2003. FDA has
verified the applicant's claim that NDA 21-229 was approved on June 20,
2003.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 623 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written

comments and ask for a redetermination (see DATES). Furthermore, any
interested person may petition FDA for a determination regarding
whether the applicant for extension acted with due diligence during the
regulatory review period. To meet its burden, the petition must be
timely (see DATES) and contain sufficient facts to merit an FDA
investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-
42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to http://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: October 13, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-25220 Filed 10-18-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Proposed Rules]
[Pages 22222-22224]
[FR Doc No: 2018-09981]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0365; Product Identifier 2017-NM-155-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 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), and Model A310 series airplanes. This proposed
AD was prompted by a determination that more restrictive maintenance
requirements and airworthiness limitations are necessary. This proposed
AD would require revising the maintenance or inspection program, as
applicable, to incorporate new or more restrictive maintenance
requirements and airworthiness limitations. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 28, 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:<PHONE_NUMBER>.
     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--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 [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0365; 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<PHONE_NUMBER>) 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 Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

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-2018-0365;
Product Identifier 2017-NM-155-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
Airworthiness Directive 2017-0203, dated October 12, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model 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), and Model A310 series airplanes. The MCAI states:

    Maintenance requirements and airworthiness limitations for the
Airbus A310, A300-600 and A300-600ST family aeroplanes, which are
approved by EASA, are currently defined and published in the Airbus
A310 and A300-600 Airworthiness Limitations Section (ALS) documents.
Certification Maintenance Requirements (CMR) for the Airbus A310 and
A300-600, which are approved by EASA, are specified in the Airbus
A310 and A300-600 (including A300-600ST) ALS Part 3 documents. These
instructions have been identified as mandatory for continuing
airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition.
    EASA previously issued [EASA] AD 2013-0072 [which corresponds to
FAA AD 2015-08-06, Amendment 39-18142 (80 FR 23230, April 27, 2015)
(``AD 2015-08-06'')] to require the implementation of the
maintenance requirements and associated airworthiness limitations as
specified in Airbus A310 and A300-600 ALS Part 3 documents at
original issue.
    Since that [EASA] AD was issued, new or more restrictive
maintenance requirements and airworthiness limitations were approved
by EASA. Consequently, Airbus published Revision 01 of the A310 ALS
Part 3 and A300-600 ALS Part 3, compiling all ALS Part 3 changes
approved since original issue.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0072, which is superseded, and requires
accomplishment of the actions specified in A310 ALS Part 3 Revision
01 and A300-600 ALS Part 3 Revision 01.

    This NPRM would require revising the maintenance or inspection
program to incorporate certain maintenance requirements and
airworthiness limitations. We are issuing this AD to prevent 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 of avionics, hydraulic systems, fire
detection systems, fuel systems, or other critical systems. 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-
0365.

Relationship Between Proposed AD and AD 2015-08-06

    This NPRM would not supersede AD 2015-08-06. Rather, we have
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This NPRM would require revising the
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance requirements and airworthiness
limitations. Accomplishment of the proposed actions would then
terminate all requirements of AD 2015-08-06.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A300-600 Airworthiness Limitations Section (ALS)
Part 3, Certification Maintenance

Requirements (CMR), Revision 01, dated August 28, 2017, and A310
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision 01, dated August 28, 2017.
This service information describes mandatory maintenance tasks that
operators must perform at specified intervals. These documents are
distinct since they apply to different airplane models. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination 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 these
same type designs.
    This proposed AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this proposed AD, the operator may not be able to accomplish the
actions described in the revisions. In this situation, to comply with
14 CFR 91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j)(1) of this proposed AD.
The request should include a description of changes to the required
actions that will ensure the continued damage tolerance of the affected
structure.

Costs of Compliance

    We estimate that this proposed AD affects 127 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the 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 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-2018-0365; Product Identifier 2017-NM-155-AD.

(a) Comments Due Date

    We must receive comments by June 28, 2018.

(b) Affected ADs

    This AD affects AD 2015-08-06, Amendment 39-18142 (80 FR 23230,
April 27, 2015) (``AD 2015-08-06'').

(c) Applicability

    This AD applies to all Airbus Model A300 B4-601, B4-603, B4-620,
B4-622; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R
and F4-622R airplanes; Model A300 C4-605R Variant F airplanes; and
Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes; certificated in any category.

(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 prevent 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 of avionics, hydraulic systems, fire detection
systems, fuel systems, or other critical systems.

(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
maintenance or inspection program, as applicable, to incorporate
Airbus A300-600 Airworthiness Limitations Section (ALS) Part 3,
Certification Maintenance

Requirements (CMR), Revision 01, dated August 28, 2017; or Airbus
A310 Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision 01, dated August 28, 2017;
as applicable. The initial compliance time for accomplishing the
actions is at the applicable time specified in Airbus A300-600
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision 01, dated August 28, 2017;
or Airbus A310 Airworthiness Limitations Section (ALS) Part 3,
Certification Maintenance Requirements (CMR), Revision 01, dated
August 28, 2017; as applicable; or within 90 days after the
effective date of this AD; whichever occurs later.

(h) No Alternative Actions or Intervals

    After accomplishment of the revision 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 (j)(1) of this AD.

(i) Terminating Action

    Accomplishing the actions required by paragraph (g) of this AD
terminates all requirements of AD 2015-08-06.

(j) 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 (k)(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's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0203, dated October 12,
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-2018-0365.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) For service information identified in this 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 [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<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09981 Filed 5-11-18; 8:45 am]
 BILLING CODE 4910-13-P