Airworthiness Directives; Airbus SAS Airplanes, 73545-73549 [2023-23517]
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Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules
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:
■
The Boeing Company: Docket No. FAA–
2023–2003; Project Identifier AD–2022–
01620–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 11,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 757–200, –200PF, –200CB, and –300
series airplanes, certificated in any category,
as identified in Boeing Alert Requirements
Bulletin 757–25A0319 RB, dated March 24,
2023.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by reports that
operators have found, on multiple aircraft,
frequent and severe damage to the blowout
vent grills of the aft soft bulkhead lining in
the lower lobe cargo compartment. The FAA
is issuing this AD to address damage to the
blowout vent grills in the forward and aft
lower lobe cargo compartments that could
lead to latent failure of the decompression
panels and pressure equalization valves. This
latent failure, in combination with a fire,
could make the cargo fire protection,
detection, suppression, and containment
system ineffective. Also, this latent failure, in
combination with rapid decompression of the
airplane, could prevent activation of the
station (STA) 1640 decompression panels,
which could damage the STA 1640 floor
beam and cause loss of hydraulic systems
components and flight control. This unsafe
condition, if not addressed, could result in
the inability of the flightcrew to maintain
safe flight and landing.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 757–25A0319 RB,
dated March 24, 2023, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 757–25A0319
RB, dated March 24, 2023.
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Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 757–25A0319, dated March 24,
2023, which is referred to in Boeing Alert
Requirements Bulletin 757–25A0319 RB,
dated March 24, 2023.
(h) Exceptions to Service Information
Specifications
Where the Compliance Time columns of
the tables in the ‘‘Compliance’’ paragraph of
Boeing Alert Requirements Bulletin 757–
25A0319 RB, dated March 24, 2023, use the
phrase ‘‘the original issue date of
Requirements Bulletin 757–25A0319 RB,’’
this AD requires replacing those words with
‘‘the effective date of this AD.’’
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520 Continued
Operational Safety 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 Continued Operational
Safety Branch, send it to the attention of the
person identified in paragraph (j)(1) of this
AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, AIR–520 Continued Operational
Safety Branch, FAA, to make those findings.
To be approved, the repair method,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
(1) For more information about this AD,
contact Katherine Venegas, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone: 562–627–
5353; email: Katherine.Venegas@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) 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 the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
757–25A0319 RB, dated March 24, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
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73545
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
(4) You may view this service information
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 at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locationsoremailfr.inspection@nara.gov.
Issued on October 19, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–23521 Filed 10–25–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2004; Project
Identifier MCAI–2023–00977–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
supersede Airworthiness Directive (AD)
2022–01–07, which applies to certain
Airbus SAS Model A350–941 and –1041
airplanes. AD 2022–01–07 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2022–01–07, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
retain the actions required by AD 2022–
01–07 and also 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 December 11,
2023.
SUMMARY:
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Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules
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–2023–2004; 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 ADs identified in this
NPRM, 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
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–2004.
• 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: Dat
Le, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 562–627–5357;
email: dat.v.le@faa.gov.
SUPPLEMENTARY INFORMATION:
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ADDRESSES:
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–2023–2004; Project Identifier
MCAI–2023–00977–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.
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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 Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone: 562–627–5357; email:
dat.v.le@faa.gov. Any commentary that
the FAA receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued AD 2022–01–07,
Amendment 39–21895 (87 FR 5391,
February 1, 2022) (AD 2022–01–07), for
certain Airbus SAS Model A350–941
and –1041 airplanes. AD 2022–01–07
was prompted by an MCAI originated by
EASA, which is the Technical Agent for
the Member States of the European
Union. EASA issued AD 2021–0209,
dated September 15, 2021 (EASA AD
2021–0209) (which corresponds to FAA
AD 2022–01–07), to correct an unsafe
condition.
AD 2022–01–07 requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA issued AD 2022–
01–07 to address the potential of
ignition sources inside fuel tanks,
which, in combination with flammable
fuel vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
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Actions Since AD 2022–01–07 Was
Issued
Since the FAA issued AD 2022–01–
07, EASA superseded AD 2021–0209
and issued EASA AD 2023–0162, dated
August 17, 2023 (EASA AD 2023–0162)
(referred to after this as the MCAI), for
certain Airbus SAS Model A350–941
and –1041 airplanes. The MCAI states
that new or more restrictive
airworthiness limitations have been
developed.
Airplanes with an original
airworthiness certificate or original
export certificate of airworthiness
issued after June 1, 2023, must comply
with the airworthiness limitations
specified as part of the approved type
design and referenced on the type
certificate data sheet; this proposed AD
therefore does not include those
airplanes in the applicability.
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–2023–2004.
Related Service Information Under 1
CFR Part 51
The FAA reviewed EASA AD 2023–
0162. This service information specifies
new or more restrictive airworthiness
limitations related to fuel tank ignition
prevention and fuel tank flammability
reduction.
This proposed AD would also require
EASA AD 2021–0209, which the
Director of the Federal Register
approved for incorporation by reference
as of March 8, 2022 (87 FR 5391,
February 1, 2022).
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 retain the
requirements of AD 2022–01–07. This
proposed AD would require revising the
existing maintenance or inspection
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program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, which are specified in
EASA AD 2023–0162 described
previously, as incorporated by
reference. Any differences with EASA
AD 2023–0162 are identified as
exceptions in the regulatory text of this
AD.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections) and Critical
Design Configuration Control
Limitations (CDCCLs). 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 (m)(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 2023–0162 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0162
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 2023–0162 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 2023–0162.
Service information required by EASA
AD 2023–0162 for compliance will be
available at regulations.gov by searching
for and locating Docket No. FAA–2023–
2004 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
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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),
intervals, or CDCCLs may be used
unless the actions, intervals, and
CDCCLs are approved as an AMOC in
accordance with the procedures
specified in the AMOCs paragraph
under ‘‘Additional AD Provisions.’’ This
new format includes a ‘‘New Provisions
for Alternative Actions, Intervals, and
CDCCLs’’ paragraph that does not
specifically refer to AMOCs, but
operators may still request an AMOC to
use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 31
airplanes 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 agency
recognizes that this number may vary
from operator to operator. 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.
The FAA estimates the total cost per
operator for the new proposed actions to
be $7,650 (90 work-hours × $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:
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73547
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.
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:
a. Removing Airworthiness Directive
2022–01–07, Amendment 39–21895 (87
FR 5391, February 1, 2022); and
■ b. Adding the following new
Airworthiness Directive:
■
■
Airbus SAS: Docket No. FAA–2023–2004;
Project Identifier MCAI–2023–00977–T.
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Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 11,
2023.
(b) Affected ADs
This AD replaces AD 2022–01–07,
Amendment 39–21895 (87 FR 5391, February
1, 2022) (AD 2022–01–07).
(c) Applicability
This AD applies all Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before June 1, 2023.
(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 the potential of ignition
sources inside fuel tanks, which, in
combination with flammable fuel vapors,
could result in a fuel tank explosion and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Revision of the Existing
Maintenance or Inspection Program, With
AD 2022–01–07, With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2022–01–07, with no
changes. For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before June 30, 2021: 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 2021–0209, dated September 15,
2021 (EASA AD 2021–0209). Accomplishing
the revision of the existing maintenance or
inspection program required by paragraph (j)
of this AD terminates the requirements of this
paragraph.
(h) Retained Exceptions to EASA AD 2021–
0209, With No Changes
This paragraph restates the exceptions
specified in paragraph (h) of AD 2022–01–07,
with no changes.
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2021–
0209 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2021–0209
specifies revising ‘‘the AMP [aircraft
maintenance program]’’ within 12 months
after its effective date, but this AD requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate the ‘‘limitations, tasks and
associated thresholds and intervals’’
specified in paragraph (3) of EASA AD 2021–
0209 within 90 days after March 8, 2022 (the
effective date of AD 2022–01–07).
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(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2021–0209 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2021–0209, or
within 90 days after March 8, 2022 (the
effective date of AD 2022–01–07), whichever
occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2021–0209 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2021–0209 does not apply to this AD.
(i) Retained Restrictions on Alternative
Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs),
With No Changes
This paragraph restates the requirements of
paragraph (i) of AD 2022–01–07, with no
changes. Except as required by paragraph (j)
of this AD, after the maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, and critical design configuration
control limitations (CDCCLs) are allowed
unless they are approved as specified in the
provisions of the ‘‘Ref. Publications’’ section
of EASA AD 2021–0209.
(j) New Revision of the Existing Maintenance
or Inspection Program
Except as specified in paragraph (k) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2023–0162,
dated August 17, 2023 (EASA AD 2023–
0162). Accomplishing the revision of the
existing maintenance or inspection program
required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2023–0162
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0162.
(2) Where paragraph (3) of EASA AD 2023–
0162 specifies ‘‘Within 12 months after the
effective date of this AD, revise the AMP,’’
this AD requires replacing those words with
‘‘Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable.’’
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2023–0162 is at the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2023–0162, or
within 90 days after the effective date of this
AD, whichever occurs later.
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2023–0162.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0162.
(l) New Provisions for Alternative Actions
and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (j) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs are allowed unless
they are approved as specified in the
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provisions of the ‘‘Ref. Publications’’ section
of EASA AD 2023–0162.
(m) 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 (n) 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 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.
(n) Additional Information
For more information about this AD,
contact Dat Le, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 562–627–
5357; email: dat.v.le@faa.gov.
(o) 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.
(3) The following service information was
approved for IBR on [DATE 35 DAYS AFTER
PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0162, dated August 17,
2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on March 8, 2022 (87 FR
5391, February 1, 2022).
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0209, dated September 15,
2021.
(ii) [Reserved]
(5) For EASA AD 2023–0162 and EASA AD
2021–0209, 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 EASA AD on the EASA website
ad.easa.europa.eu.
(6) 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.
E:\FR\FM\26OCP1.SGM
26OCP1
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules
(7) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on October 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–23517 Filed 10–25–23; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 309
RIN 3084–AB15
Labeling Requirements for Alternative
Fuels and Alternative Fueled Vehicles
Federal Trade Commission.
Regulatory review; request for
public comment.
AGENCY:
ACTION:
As part of the Commission’s
systematic review of all FTC rules and
guides, the Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) seeks public
comment on the overall costs, benefits,
necessity, and regulatory and economic
impact of its Labeling Requirements for
Alternative Fuels and Alternative
Fueled Vehicles (‘‘Alternative Fuels
Rule’’ or ‘‘Rule’’).
DATES: Comments must be received on
or before December 26, 2023.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Regulatory Review for
Alternative Fuels Rule, Matter No.
R311002’’ on your comment, and file
your comment online at https://
www.regulations.gov/, by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Mail
Stop H–144 (Annex F), Washington, DC
20580.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome (202–326–2889),
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
I. Background
The Energy Policy Act of 1992
(‘‘EPAct 92’’ or ‘‘Act’’) established
federal programs to encourage the
VerDate Sep<11>2014
16:33 Oct 25, 2023
Jkt 262001
development of alternative fuels and
alternative fueled vehicles (‘‘AFVs’’).
Section 406(a) of the Act directs the
Commission to establish uniform
labeling requirements for alternative
fuels and AFVs. Under the Act, such
labels must provide ‘‘appropriate
information with respect to costs and
benefits [of alternative fuels and AFVs],
so as to reasonably enable the consumer
to make choices and comparisons.’’ The
required labels must be ‘‘simple and,
where appropriate, consolidated with
other labels providing information to
the consumer.’’ 1
In response, the Commission
published the Alternative Fuels Rule in
1995.2 The Rule requires labels on fuel
dispensers for non-liquid alternative
fuels, such as electricity, compressed
natural gas, and hydrogen. The labels
for electricity provide the charging
system’s kilowatt capacity, voltage, and
other related information. The labels for
other non-liquid fuels disclose the fuel’s
commonly used name and principal
component (expressed as a percentage).
The Rule also has labeling requirements
for new alternative fueled vehicles.
However, the Rule does not contain
separate label requirements for vehicles
and, instead, incorporates the
Environmental Protection Agency’s
(‘‘EPA’’) fuel economy label rules (40
CFR part 600).
II. Regulatory Review of the Alternative
Fuels Rule
The Commission systematically
reviews all its rules and guides to: (1)
examine their efficacy, costs, and
benefits; and (2) determine whether to
retain, modify, or rescind them. The
Commission completed its most recent
Rule review a decade ago (78 FR 23832
(April 23, 2013)). During that review,
the Commission consolidated the Rule’s
AFV requirements with fuel economy
labels required by EPA and eliminated
labeling requirements for used AFVs.
With this publication, the Commission
commences a new review.
As part of this review, the
Commission seeks comment on the
current Alternative Fuels Rule. Among
other things, commenters should
address the economic impact of, and the
continuing need for the Rule; the Rule’s
benefits to alternative fuel and AFV
purchasers; and burdens the Rule places
1 42 U.S.C. 13232(a). The law also states: ‘‘In
formulating the rule, the Federal Trade Commission
shall give consideration to the problems associated
with developing and publishing useful and timely
cost and benefit information, taking into account
lead time, costs, the frequency of changes in costs
and benefits that may occur, and other relevant
factors.’’
2 60 FR 26926 (May 19, 1995).
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
73549
on firms subject to its requirements.
Additionally, the Commission seeks
comment on specific issues related to
electric vehicle charging stations
(Section III.) and responses to other
questions about the Rule (Section IV.).
III. Specific Questions About Labeling
for Electric Vehicle Charging Stations
Given the proliferation of electric
vehicles (‘‘EVs’’) in the marketplace, the
Commission specifically seeks comment
on the Rule’s labeling requirements for
electric vehicle dispensing systems (i.e.,
EV charging stations) operated by
retailers for consumers. The current
Rule requires a label on all such public
EV charging stations that discloses: (1)
the commonly used name of the fuel
(e.g., electricity); (2) the system’s
kilowatt (‘‘kW’’) capacity; (3) voltage; (4)
whether the voltage is alternating
current (‘‘ac’’) or direct current (‘‘dc’’);
amperage; and (5) whether the system is
conductive or inductive (e.g., ‘‘9.6 kW;
240 vac/40 amps; CONDUCTIVE’’).
Under the current requirements,
retailers must place the label
conspicuously on the face of each
dispenser ‘‘so as to be in full view of
consumers and as near as reasonably
practical to the price per unit of the
non-liquid alternative vehicle fuel.’’ 3
The Commission seeks comment on the
following questions about the current
label for public EV charging stations and
any other issue related to the current
label. Commenters should provide
specific information to support their
responses, including examples, where
appropriate.
(1) Does the Rule’s current label for
EV charging stations help consumers
make choices and comparisons when
they are seeking to charge their
vehicles? Can the label be ‘‘consolidated
with other labels providing information
to the consumer?’’ If so, which labels?
(2) Is there any research about how
consumers understand or interpret
information at EV charging stations,
including the FTC label? Is there
evidence of consumer confusion related
to the use of charging stations in the
market now, including the use of the
FTC label?
(3) Should the Commission make any
changes to the content of the current EV
charging station label? If so, what
changes should the Commission make?
Is there any information on the label
that is unnecessary? For example,
should the Rule continue to require a
disclosure indicating whether the
station is conductive or inductive? Is
there any other information not covered
3 Section
E:\FR\FM\26OCP1.SGM
309.15(b)(1).
26OCP1
Agencies
[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73545-73549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23517]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2004; Project Identifier MCAI-2023-00977-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 supersede Airworthiness Directive (AD)
2022-01-07, which applies to certain Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-01-07 requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. Since the FAA issued AD
2022-01-07, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This proposed AD would retain
the actions required by AD 2022-01-07 and also 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 December
11, 2023.
[[Page 73546]]
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-2023-2004; 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 ADs identified 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-2023-2004.
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: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 562-627-
5357; 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-2023-2004; Project Identifier
MCAI-2023-00977-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 Dat
Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 562-627-5357; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2022-01-07, Amendment 39-21895 (87 FR 5391,
February 1, 2022) (AD 2022-01-07), for certain Airbus SAS Model A350-
941 and -1041 airplanes. AD 2022-01-07 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2021-0209, dated September 15,
2021 (EASA AD 2021-0209) (which corresponds to FAA AD 2022-01-07), to
correct an unsafe condition.
AD 2022-01-07 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2022-01-07 to
address the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Actions Since AD 2022-01-07 Was Issued
Since the FAA issued AD 2022-01-07, EASA superseded AD 2021-0209
and issued EASA AD 2023-0162, dated August 17, 2023 (EASA AD 2023-0162)
(referred to after this as the MCAI), for certain Airbus SAS Model
A350-941 and -1041 airplanes. The MCAI states that new or more
restrictive airworthiness limitations have been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after June 1, 2023, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
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-2023-2004.
Related Service Information Under 1 CFR Part 51
The FAA reviewed EASA AD 2023-0162. This service information
specifies new or more restrictive airworthiness limitations related to
fuel tank ignition prevention and fuel tank flammability reduction.
This proposed AD would also require EASA AD 2021-0209, which the
Director of the Federal Register approved for incorporation by
reference as of March 8, 2022 (87 FR 5391, February 1, 2022).
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 retain the requirements of AD 2022-01-07.
This proposed AD would require revising the existing maintenance or
inspection
[[Page 73547]]
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, which are specified in EASA AD 2023-0162
described previously, as incorporated by reference. Any differences
with EASA AD 2023-0162 are identified as exceptions in the regulatory
text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). 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
(m)(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 2023-0162 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0162 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 2023-0162 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-
0162. Service information required by EASA AD 2023-0162 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2023-2004 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), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOCs paragraph under ``Additional AD
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 31 airplanes 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 agency recognizes that this number may vary from operator
to operator. 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.
The FAA estimates the total cost per operator for the new proposed
actions 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 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:
0
a. Removing Airworthiness Directive 2022-01-07, Amendment 39-21895 (87
FR 5391, February 1, 2022); and
0
b. Adding the following new Airworthiness Directive:
Airbus SAS: Docket No. FAA-2023-2004; Project Identifier MCAI-2023-
00977-T.
[[Page 73548]]
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 11, 2023.
(b) Affected ADs
This AD replaces AD 2022-01-07, Amendment 39-21895 (87 FR 5391,
February 1, 2022) (AD 2022-01-07).
(c) Applicability
This AD applies all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 1, 2023.
(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 the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With AD 2022-01-07, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2022-01-07, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before June 30, 2021: 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 2021-0209, dated September
15, 2021 (EASA AD 2021-0209). Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (j)
of this AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2021-0209, With No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2022-01-07, with no changes.
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0209 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2021-0209 specifies revising ``the
AMP [aircraft maintenance program]'' within 12 months after its
effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate the
``limitations, tasks and associated thresholds and intervals''
specified in paragraph (3) of EASA AD 2021-0209 within 90 days after
March 8, 2022 (the effective date of AD 2022-01-07).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0209 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2021-0209, or
within 90 days after March 8, 2022 (the effective date of AD 2022-
01-07), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0209 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2021-0209 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2022-01-07, with no changes. Except as required by paragraph (j) of
this AD, after the maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and critical design
configuration control limitations (CDCCLs) are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0209.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0162, dated August 17, 2023 (EASA AD
2023-0162). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2023-0162
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0162.
(2) Where paragraph (3) of EASA AD 2023-0162 specifies ``Within
12 months after the effective date of this AD, revise the AMP,''
this AD requires replacing those words with ``Within 90 days after
the effective date of this AD, revise the existing maintenance or
inspection program, as applicable.''
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0162 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0162, or within 90
days after the effective date of this AD, whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0162.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0162.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2023-0162.
(m) 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 (n) 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
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.
(n) Additional Information
For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone: 562-627-5357; email: [email protected].
(o) 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.
(3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2023-0162,
dated August 17, 2023.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 8, 2022 (87 FR 5391, February 1, 2022).
(i) European Union Aviation Safety Agency (EASA) AD 2021-0209,
dated September 15, 2021.
(ii) [Reserved]
(5) For EASA AD 2023-0162 and EASA AD 2021-0209, 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.
(6) 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.
[[Page 73549]]
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on October 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23517 Filed 10-25-23; 8:45 am]
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