Airworthiness Directives; Airbus SAS Airplanes, 61990-61993 [2023-19365]

Download as PDF 61990 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules reactor facility designs and to help ensure the minimum requirements are met for the type of application selected. Revision 1 to DG–1404 is now being issued for public comment as the NRC has completed its development of Appendix B and made conforming changes to the DG–1404. The newly added Appendix B provides additional guidance for the scope, level of detail, elements, and plant representation for a PRA supporting an LMP-based part 50 of title 10 of the Code of Federal Regulations (10 CFR) construction permit application. Conforming changes to the base document of DG–1404 Revision 0 (staff position C.3.d) and DG–1404 Appendix A Revision 0 (item 1) were made to reflect the addition of Appendix B. The changes to the DG– 1404, Revision 0 base document and Appendix A are shown in strikeout so that these changes can be easily identified (ADAMS Accession No. ML23248A343). As noted in the Federal Register on December 9, 2022 (87 FR 75671), this document is being published in the ‘‘Proposed Rules’’ section of the Federal Register to comply with publication requirements under 1 CFR chapter I. III. Backfitting, Forward Fitting, and Issue Finality DG–1404, Revision 1, if finalized, would not constitute backfitting as defined in 10 CFR 50.109, ‘‘Backfitting,’’ and as described in Management Directive (MD) 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’; constitute forward fitting as that term is defined and described in MD 8.4; or affect the issue finality of any approval issued under 10 CFR part 52. The guidance would not apply to any current licensees or applicants under 10 CFR parts 50 or 52 or existing or requested approvals under 10 CFR part 52, and therefore its issuance cannot be a backfit or forward fit or affect issue finality. Further, as explained in DG– 1404, Revision 1, applicants and licensees would not be required to comply with the positions set forth in DG–1404, Revision 1. lotter on DSK11XQN23PROD with PROPOSALS1 IV. Submitting Suggestions for Improvement of Regulatory Guides A member of the public may, at any time, submit suggestions to the NRC for improvement of existing RGs or for the development of new RGs. Suggestions can be submitted on the NRC’s public website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ contactus.html. Suggestions will be considered in future updates and VerDate Sep<11>2014 16:41 Sep 07, 2023 Jkt 259001 enhancements to the ‘‘Regulatory Guide’’ series. Dated: September 5, 2023. For the Nuclear Regulatory Commission. Harriet Karagiannis, Acting Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2023–19451 Filed 9–7–23; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1822; Project Identifier MCAI–2023–00653–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A310 series airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 23, 2023. 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 regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 No. FAA–2023–1822; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For EASA material that is proposed for IBR in this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2023–1822. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3225; email dan.rodina@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–1822; Project Identifier MCAI–2023–00653–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt E:\FR\FM\08SEP1.SGM 08SEP1 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Dan Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3225; email dan.rodina@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. lotter on DSK11XQN23PROD with PROPOSALS1 Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2023–0092, dated May 5, 2023 (EASA AD 2023– 0092) (also referred to as the MCAI), to correct an unsafe condition on all Airbus SAS Model A310 series airplanes. The MCAI states that new or more restrictive airworthiness limitations have been developed. EASA AD 2023–0092 specifies that it requires a task (limitation) already in Airbus A310 Airworthiness Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness Limitation Items (DT– ALI), Revision 03, dated December 14, 2018, that is required by EASA AD 2019–0091, dated April 26, 2019 (which corresponds to FAA AD 2019–20–06, Amendment 39–19759 (84 FR 55859) (AD 2019–20–06)), and that incorporation of EASA AD 2023–0092 invalidates (terminates) prior instructions for that task. This proposed AD therefore would terminate the limitations for the corresponding tasks identified in the service information referenced in EASA AD 2023–0092 only, as required by paragraph (g) of AD 2019–20–06. The FAA is proposing this AD to address fatigue cracking, damage, or corrosion in principal structural elements. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1822. VerDate Sep<11>2014 16:41 Sep 07, 2023 Jkt 259001 Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2023– 0092, which describes new or more restrictive airworthiness tasks for airplane structures. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, which are specified in EASA AD 2023–0092 described previously, as incorporated by reference. Any differences with EASA AD 2023–0092 are identified as exceptions in the regulatory text of this proposed AD. This proposed AD would require 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 (AMOC) according to paragraph (k)(1) of this proposed AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 61991 incorporate EASA AD 2023–0092 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023–0092 through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2023–0092 does not mean that operators need comply only with that section. For example, where the AD requirement refers to ‘‘all required actions and compliance times,’’ compliance with this AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in EASA AD 2023–0092. Service information required by EASA AD 2023–0092 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2023– 1822 after the FAA final rule is published. Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in the AMOC paragraph under ‘‘Additional AD Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions and Intervals’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action or interval. E:\FR\FM\08SEP1.SGM 08SEP1 61992 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 1 airplane of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the FAA recognizes that this number may vary from operator to operator. In the past, the FAA has estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the FAA estimates the total cost per operator to be $7,650 (90 work-hours × $85 per work-hour). Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 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. The FAA is 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. lotter on DSK11XQN23PROD with PROPOSALS1 under the criteria of the Regulatory Flexibility Act. Airbus SAS: Docket No. FAA–2023–1822; Project Identifier MCAI–2023–00653–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by October 23, 2023. (b) Affected ADs This AD affects AD 2019–20–06, Amendment 39–19759 (84 FR 55859, October 18, 2019) (AD 2019–20–06). (c) Applicability This AD applies to all Airbus SAS 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. Regulatory Findings (e) Unsafe Condition The FAA has 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) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address fatigue cracking, damage, or corrosion in principal structural elements. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane. VerDate Sep<11>2014 16:41 Sep 07, 2023 Jkt 259001 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2023–0092, dated May 5, 2023 (EASA AD 2023–0092). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 (h) Exceptions to EASA AD 2023–0092 (1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2023–0092. (2) Paragraph (3) of EASA AD 2023–0092 specifies revising ‘‘the AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD. (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA 2023–0092 is at the applicable ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2023–0092, or within 90 days after the effective date of this AD, whichever occurs later. (4) This AD does not adopt the provisions specified in the ‘‘Recording AD compliance’’ section of EASA AD 2023–0092. (5) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0092. (i) Provisions for Alternative Actions and Intervals After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) and intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2023–0092. (j) Terminating Action for Certain Tasks Required by AD 2019–20–06 Accomplishing the actions required by this AD terminates the corresponding requirements of AD 2019–20–06 for the tasks identified in the service information referenced in EASA AD 2023–0092 only. (k) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation 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 responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (l) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (l) Additional Information For more information about this AD, contact Dan Rodina, Aviation Safety E:\FR\FM\08SEP1.SGM 08SEP1 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3225; email dan.rodina@faa.gov. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0092, dated May 5, 2023. (ii) [Reserved] (3) For EASA AD 2023–0092, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website ad.easa.europa.eu. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on September 1, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–19365 Filed 9–7–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF 2022R–17; AG Order No. 5781–2023] RIN 1140–AA58 Definition of ‘‘Engaged in the Business’’ as a Dealer in Firearms Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Notice of proposed rulemaking; request for comment. lotter on DSK11XQN23PROD with PROPOSALS1 AGENCY: The Department of Justice (‘‘Department’’) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) regulations to implement the provisions of the Bipartisan Safer Communities Act (‘‘BSCA’’), effective June 25, 2022, that broaden the definition of when a person SUMMARY: VerDate Sep<11>2014 16:41 Sep 07, 2023 Jkt 259001 is considered ‘‘engaged in the business’’ as a dealer in firearms other than a gunsmith or pawnbroker. This proposed rule incorporates the BSCA’s definition of ‘‘predominantly earn a profit,’’ creates a stand-alone definition of ‘‘terrorism,’’ and amends the definitions of ‘‘principal objective of livelihood and profit’’ and ‘‘engaged in the business’’ to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public. The proposed rule also clarifies what it means for a person to be ‘‘engaged in the business’’ of dealing in firearms, and to have the intent to ‘‘predominantly earn a profit’’ from the sale or disposition of firearms. In addition, it clarifies the term ‘‘dealer,’’ including how that term applies to auctioneers, and defines the term ‘‘responsible person.’’ These proposed changes would assist persons in understanding when they are required to have a license to deal in firearms. Consistent with the Gun Control Act (‘‘GCA’’) and existing regulations, the proposed rule also defines the term ‘‘personal collection’’ to clarify when persons are not ‘‘engaged in the business’’ because they make only occasional sales to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection. This proposed rule further addresses the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license. Finally, the proposed rule clarifies that a licensee transferring a firearm to another licensee must do so by following the verification and recordkeeping procedures instead of using a Firearms Transaction Record, ATF Form 4473. DATES: Written comments must be postmarked and electronic comments must be submitted on or before December 7, 2023. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after midnight Eastern Time on the last day of the comment period. ADDRESSES: You may submit comments, identified by docket number ATF 2022R–17, by either of the following methods— • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Mail: Helen Koppe, Mail Stop 6N– 518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington, DC 20226; ATTN: ATF 2022R–17. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 61993 Instructions: All submissions received must include the agency name and docket number (ATF 2022R–17) for this notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’). All properly completed comments received from either of the methods described above will be posted without change to the Federal eRulemaking portal, www.regulations.gov. This includes any personal identifying information (‘‘PII’’) submitted in the body of the comment or as part of a related attachment. Commenters who submit through the Federal eRulemaking portal and who do not want any of their PII posted on the internet should omit PII from the body of their comment or in any uploaded attachments. Commenters who submit through mail should likewise omit their PII from the body of the comment and provide any PII on the cover sheet only. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Helen Koppe, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648–7070 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: I. Background The Department is proposing to amend ATF regulations to implement the provision of the Bipartisan Safer Communities Act, Public Law 117–159, sec. 12002, 136 Stat. 1313, 1324 (2022) (‘‘BSCA’’), that amended the definition of ‘‘engaged in the business’’ in the Gun Control Act of 1968 (‘‘GCA’’) at 18 U.S.C. 921(a)(21)(C), and to facilitate compliance with the statute. The Attorney General is responsible for enforcing the GCA. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA. See 18 U.S.C. 926(a). Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA to the Director of ATF (‘‘Director’’), subject to the direction of the Attorney General and the Deputy Attorney General. See 28 U.S.C. 599A(b)(1)–(2), (c)(1); 28 CFR 0.130(a)(1) and (2); Treasury Department Order No. 221, sec. (2)(a), (d), 37 FR 11696, 11696–97 (June 10, 1972). Accordingly, the Department and ATF have promulgated regulations necessary E:\FR\FM\08SEP1.SGM 08SEP1

Agencies

[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Proposed Rules]
[Pages 61990-61993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1822; Project Identifier MCAI-2023-00653-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A310 series airplanes. This proposed AD was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference (IBR). The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 23, 
2023.

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 regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1822; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; website easa.europa.eu. You 
may find this material on the EASA website ad.easa.europa.eu. It is 
also available at regulations.gov under Docket No. FAA-2023-1822.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1822; Project Identifier 
MCAI-2023-00653-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt

[[Page 61991]]

from public disclosure. If your comments responsive to this NPRM 
contain commercial or financial information that is customarily treated 
as private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this NPRM. Submissions containing CBI should be 
sent to Dan Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 206-231-3225; email 
[email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0092, dated May 5, 2023 (EASA 
AD 2023-0092) (also referred to as the MCAI), to correct an unsafe 
condition on all Airbus SAS Model A310 series airplanes. The MCAI 
states that new or more restrictive airworthiness limitations have been 
developed.
    EASA AD 2023-0092 specifies that it requires a task (limitation) 
already in Airbus A310 Airworthiness Limitations Section (ALS), Part 2, 
Damage Tolerant Airworthiness Limitation Items (DT-ALI), Revision 03, 
dated December 14, 2018, that is required by EASA AD 2019-0091, dated 
April 26, 2019 (which corresponds to FAA AD 2019-20-06, Amendment 39-
19759 (84 FR 55859) (AD 2019-20-06)), and that incorporation of EASA AD 
2023-0092 invalidates (terminates) prior instructions for that task. 
This proposed AD therefore would terminate the limitations for the 
corresponding tasks identified in the service information referenced in 
EASA AD 2023-0092 only, as required by paragraph (g) of AD 2019-20-06.
    The FAA is proposing this AD to address fatigue cracking, damage, 
or corrosion in principal structural elements. The unsafe condition, if 
not addressed, could result in reduced structural integrity of the 
airplane. You may examine the MCAI in the AD docket at regulations.gov 
under Docket No. FAA-2023-1822.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0092, which describes new or more 
restrictive airworthiness tasks for airplane structures. This material 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2023-0092 described previously, as incorporated by reference. Any 
differences with EASA AD 2023-0092 are identified as exceptions in the 
regulatory text of this proposed AD.
    This proposed AD would require 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 (AMOC) according to 
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2023-0092 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0092 through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. Using common terms that are the same as the heading of a 
particular section in EASA AD 2023-0092 does not mean that operators 
need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0092. Service information required by EASA AD 2023-0092 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2023-1822 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an AMOC in accordance with the procedures specified in 
the AMOC paragraph under ``Additional AD Provisions.'' This new format 
includes a ``New Provisions for Alternative Actions and Intervals'' 
paragraph that does not specifically refer to AMOCs, but operators may 
still request an AMOC to use an alternative action or interval.

[[Page 61992]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1 airplane of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates 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.
    The FAA is 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

    The FAA has 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Airbus SAS: Docket No. FAA-2023-1822; Project Identifier MCAI-2023-
00653-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 23, 2023.

(b) Affected ADs

    This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859, 
October 18, 2019) (AD 2019-20-06).

(c) Applicability

    This AD applies to all Airbus SAS 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) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, or corrosion in 
principal structural elements. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0092, dated May 5, 2023 (EASA AD 2023-0092).

(h) Exceptions to EASA AD 2023-0092

    (1) This AD does not adopt the requirements specified in 
paragraphs (1) and (2) of EASA AD 2023-0092.
    (2) Paragraph (3) of EASA AD 2023-0092 specifies revising ``the 
AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2023-0092 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2023-0092, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in the 
``Recording AD compliance'' section of EASA AD 2023-0092.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0092.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2023-0092.

(j) Terminating Action for Certain Tasks Required by AD 2019-20-06

    Accomplishing the actions required by this AD terminates the 
corresponding requirements of AD 2019-20-06 for the tasks identified 
in the service information referenced in EASA AD 2023-0092 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (l) of this AD or email to: [email protected]. 
If mailing information, also submit information by email. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Additional Information

    For more information about this AD, contact Dan Rodina, Aviation 
Safety

[[Page 61993]]

Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3225; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0092, 
dated May 5, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0092, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19365 Filed 9-7-23; 8:45 am]
BILLING CODE 4910-13-P
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