Airworthiness Directives; Airbus SAS Airplanes, 70913-70915 [2023-22487]
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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules
intentionally false, or misleading.
Therefore, the FAA proposes to
withdraw the FCAA NPRM published in
2009 and thereby maintain the
requirement for foreign applicants for
type validation to comply with § 21.20.
Conclusion
Withdrawal of Notice No. 18–09 does
not preclude the FAA from issuing
rulemaking on the subject in the future
or commit the FAA to any future course
of action. The FAA will make necessary
changes to the Code of Federal
Regulations through an NPRM with
opportunity for public comment in the
new rulemaking project.
Therefore, the FAA withdraws Notice
No. 18–09, FR Doc. 2018–1052,
published at 84 FR 5605 on February 22,
2019.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC.
Lirio Liu,
Executive Director, Aircraft Certification
Service.
[FR Doc. 2023–22647 Filed 10–12–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1994; Project
Identifier MCAI–2023–00658–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 A318, A319, A321,
A330–200, A330–200 Freighter, A330–
300, A330–800, A330–900, A340–200,
and A340–300 series airplanes; Model
A320–211, –212, –214, –216, –231,
–232, –233, –251N, –252N, –253N,
–271N, –272N, and –273N airplanes;
and Model A340–541 and A340–642
airplanes. This proposed AD was
prompted by a report that a production
deficiency of some SafeLav gaseous
oxygen container (SLGOC) batches was
identified during production testing of
newly manufactured oxygen containers.
This proposed AD would require
replacing affected SLGOCs and
prohibiting the installation of affected
SLGOCs, as specified in a European
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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16:00 Oct 12, 2023
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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 November 27,
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–2023–1994; 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 material that is proposed for
IBR in this AD, contact EASA, KonradAdenauer-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 at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–1994.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
FOR FURTHER INFORMATION CONTACT: Tim
Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206–
231–3667; email: timothy.p.dowling@
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–2023–1994; Project Identifier
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
70913
MCAI–2023–00658–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
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 Tim Dowling,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 206–231–3667;
email: timothy.p.dowling@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.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2023–0094,
dated May 8, 2023 (EASA AD 2023–
0094) (also referred to as the MCAI), to
correct an unsafe condition for all
Airbus SAS Model:
• A318–111, –112, –121, and –122
airplanes;
• A319–111, –112, –113, –114, –115,
–131, –132, –133, –151N, –153N, and
–171N airplanes;
• A320–211, –212, –214, –215, –216,
–231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes;
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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules
• A321–111, –112, –131, –211, –212,
–213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX,
–271N, –271NX, –272N, and –272NX
airplanes;
• A330–201, –202, –203, –223, –223F,
–243, –243F, –301, –302, –303, –321,
–322, –323, –341, –342, –343, –841, and
–941 airplanes; and
• A340–211, –212, –213, –311, –312,
–313, –541, –542, –642, and –643
airplanes.
Model A320–215, A340–542, and
A340–643 airplanes are not certificated
by the FAA and are not included on the
U.S. type certificate data sheet; this
proposed AD therefore does not include
those airplanes in the applicability. The
MCAI states that a production
deficiency of some SLGOC batches was
identified during production testing of
newly manufactured oxygen containers.
Subsequent investigation identified
missing heat treatment of the actuation
pin of the SLGOC, which could cause its
jamming, with consequent failure of
oxygen flow activation. This condition,
if not corrected, could prevent
supplemental oxygen supply in case of
decompression in the cabin/lavatory,
possibly resulting in injury to lavatory
occupants.
The FAA is proposing this AD to
address the unsafe condition on these
products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1994.
Related Service Information Under 1
CFR Part 51
EASA AD 2023–0094 specifies
procedures for replacing affected
SLGOCs and prohibiting the installation
of affected SLGOCs. 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.
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
accomplishing the actions specified in
EASA AD 2023–0094 described
previously, except for any differences
identified as exceptions in the
regulatory text 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 2023–0094 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0094
in its entirety 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 2023–0094 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 2023–0094.
Service information required by EASA
AD 2023–0094 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–1994 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 728
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts
cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$4,570
$4,740
$3,450,720
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
lotter on DSK11XQN23PROD with PROPOSALS1
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
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16:00 Oct 12, 2023
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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 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
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
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.
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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules
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:
■
Airbus SAS: Docket No. FAA–2023–1994;
Project Identifier MCAI–2023–00658–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by November
27, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes identified in paragraphs (c)(1)
through (6) of this AD, certificated in any
category.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, –133, –151N, –153N, and
–171N airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N, –253N,
–271N, –272N, and –273N airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX, –271N,
–271NX, –272N, and –272NX airplanes.
(5) Model A330–201, –202, –203, –223,
–223F, –243, –243F, –301, –302, –303, –321,
–322, –323, –341, –342, –343, –841, and –941
airplanes.
(6) Model A340–211, –212, –213, –311,
–312, –313, –541, and –642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 35, Oxygen.
lotter on DSK11XQN23PROD with PROPOSALS1
(e) Unsafe Condition
This AD was prompted by a report that a
production deficiency of some SafeLav
gaseous oxygen container (SLGOC) batches
was identified during production testing of
newly manufactured oxygen containers. The
FAA is issuing this AD to address missing
heat treatment of the actuation pin of the
SLGOC, which could cause its jamming, with
consequent failure of oxygen flow activation.
The unsafe condition, if not addressed, could
result in lack of supplemental oxygen supply
in case of decompression in the cabin/
lavatory, possibly resulting in injury to
lavatory occupants.
VerDate Sep<11>2014
16:00 Oct 12, 2023
Jkt 262001
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraphs (h) and
(i) 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–
0094, dated May 8, 2023 (EASA AD 2023–
0094).
(h) Exceptions to EASA AD 2023–0094
(1) Where EASA AD 2023–0094 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0094.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2023–0094 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) 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 International Validation Branch, send
it to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards 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.
(3) Required for Compliance (RC): Except
as required by paragraph(s) (j)(2) and (i) of
this AD, if any service information referenced
in EASA AD 2023–0094 contains paragraphs
that are labeled as RC, the instructions in RC
paragraphs, including subparagraphs under
an RC paragraph, must be done to comply
with this AD; any paragraphs, including
subparagraphs under those paragraphs, that
are not identified as RC are recommended.
The instructions in paragraphs, including
subparagraphs under those paragraphs, not
identified as RC may be deviated from using
accepted methods in accordance with the
operator’s maintenance or inspection
program without obtaining approval of an
AMOC, provided the instructions identified
as RC can be done and the airplane can be
put back in an airworthy condition. Any
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Frm 00005
Fmt 4702
Sfmt 4702
70915
substitutions or changes to instructions
identified as RC require approval of an
AMOC.
(k) Additional Information
For more information about this AD,
contact Tim Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206–
231–3667; email: timothy.p.dowling@faa.gov.
(l) 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 2023–0094, dated May 8, 2023.
(ii) [Reserved]
(3) For EASA AD 2023–0094, 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 at ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., 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 October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–22487 Filed 10–12–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2023–1972; Airspace
Docket No. 22–AGL–39]
RIN 2120–AA66
Modification of Restricted Areas R–
4201A and R–4201B; Camp Grayling,
MI
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
modify the designated altitudes of
restricted area R–4201B, Camp Grayling,
MI, by raising the restricted area ceiling
SUMMARY:
E:\FR\FM\13OCP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Proposed Rules]
[Pages 70913-70915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22487]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1994; Project Identifier MCAI-2023-00658-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A318, A319, A321, A330-200, A330-200
Freighter, A330-300, A330-800, A330-900, A340-200, and A340-300 series
airplanes; Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes; and Model A340-541 and
A340-642 airplanes. This proposed AD was prompted by a report that a
production deficiency of some SafeLav gaseous oxygen container (SLGOC)
batches was identified during production testing of newly manufactured
oxygen containers. This proposed AD would require replacing affected
SLGOCs and prohibiting the installation of affected SLGOCs, 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 November
27, 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-2023-1994; 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 material that is proposed for IBR in this AD, 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 at ad.easa.europa.eu. It is also
available at regulations.gov under Docket No. FAA-2023-1994.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone:
206-231-3667; 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-2023-1994; Project Identifier
MCAI-2023-00658-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 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 Tim
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3667; 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 2023-0094, dated May 8, 2023 (EASA
AD 2023-0094) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model:
A318-111, -112, -121, and -122 airplanes;
A319-111, -112, -113, -114, -115, -131, -132, -133, -151N,
-153N, and -171N airplanes;
A320-211, -212, -214, -215, -216, -231, -232, -233, -251N,
-252N, -253N, -271N, -272N, and -273N airplanes;
[[Page 70914]]
A321-111, -112, -131, -211, -212, -213, -231, -232, -251N,
-251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX
airplanes;
A330-201, -202, -203, -223, -223F, -243, -243F, -301, -
302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes; and
A340-211, -212, -213, -311, -312, -313, -541, -542, -642,
and -643 airplanes.
Model A320-215, A340-542, and A340-643 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those airplanes in the applicability. The MCAI states that a production
deficiency of some SLGOC batches was identified during production
testing of newly manufactured oxygen containers. Subsequent
investigation identified missing heat treatment of the actuation pin of
the SLGOC, which could cause its jamming, with consequent failure of
oxygen flow activation. This condition, if not corrected, could prevent
supplemental oxygen supply in case of decompression in the cabin/
lavatory, possibly resulting in injury to lavatory occupants.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1994.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0094 specifies procedures for replacing affected
SLGOCs and prohibiting the installation of affected SLGOCs. 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.
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 accomplishing the actions specified
in EASA AD 2023-0094 described previously, except for any differences
identified as exceptions in the regulatory text 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 2023-0094 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0094 in its entirety 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 2023-0094 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-
0094. Service information required by EASA AD 2023-0094 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1994
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 728 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........................... $4,570 $4,740 $3,450,720
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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 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.
[[Page 70915]]
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-2023-1994; Project Identifier MCAI-2023-
00658-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 27, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (6) of this AD, certificated in any
category.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(5) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303, -321, -322, -323, -341, -342, -343, -841, and -941
airplanes.
(6) Model A340-211, -212, -213, -311, -312, -313, -541, and -642
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that a production deficiency of
some SafeLav gaseous oxygen container (SLGOC) batches was identified
during production testing of newly manufactured oxygen containers.
The FAA is issuing this AD to address missing heat treatment of the
actuation pin of the SLGOC, which could cause its jamming, with
consequent failure of oxygen flow activation. The unsafe condition,
if not addressed, could result in lack of supplemental oxygen supply
in case of decompression in the cabin/lavatory, possibly resulting
in injury to lavatory occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0094, dated May 8, 2023 (EASA AD 2023-0094).
(h) Exceptions to EASA AD 2023-0094
(1) Where EASA AD 2023-0094 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0094.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0094
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (k) 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 responsible Flight Standards 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.
(3) Required for Compliance (RC): Except as required by
paragraph(s) (j)(2) and (i) of this AD, if any service information
referenced in EASA AD 2023-0094 contains paragraphs that are labeled
as RC, the instructions in RC paragraphs, including subparagraphs
under an RC paragraph, must be done to comply with this AD; any
paragraphs, including subparagraphs under those paragraphs, that are
not identified as RC are recommended. The instructions in
paragraphs, including subparagraphs under those paragraphs, not
identified as RC may be deviated from using accepted methods in
accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the instructions
identified as RC can be done and the airplane can be put back in an
airworthy condition. Any substitutions or changes to instructions
identified as RC require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3667; email:
[email protected].
(l) 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 2023-0094,
dated May 8, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0094, 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 at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
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 October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22487 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-13-P
