Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 7603 

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 (AD): 

Learjet Inc.: Docket No. FAA–2014–0010; 

Directorate Identifier 2012–NM–218–AD. 

(a) Comments Due Date 

We must receive comments by March 27, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Learjet Inc. Model 45 

airplanes having serial numbers (S/N) 45–005 

through 45–436 inclusive, and 45–2001 

through 45–2132 inclusive, certificated in 

any category, that are equipped with 

composite engine fan bypass ducts. 

Note 1 to paragraph (c) of this AD: Learjet 

Model 45 airplanes having S/Ns 45–2001 and 

subsequent are commonly referred to as 

Model 40 airplanes or Lear 40 Model 45 

airplanes as a marketing designation. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 78, Engine Exhaust. 

(e) Unsafe Condition 

This AD was prompted by a report of two 

cases of premature corrosion found on the 

structural support flange for the engine thrust 

reverser. We are issuing this AD to prevent 

failure of the thrust reverser structural 

support, which could result in departure of 

the thrust reverser from the engine that could 

subsequently result in damage to the adjacent 

support structure and engine controls, 

airframe structure, and control surfaces. 

Departing thrust reversers could also result in 

injury to persons on the ground. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspections and Sealant Installation With 

Applicable Related Investigative and 

Corrective Actions 

Within 1,200 flight hours or 48 months 

after the effective date of this AD, whichever 

occurs first, do the requirements of paragraph 

(g)(1) of this AD; and for the airplanes 

identified in paragraph (g)(2) of this AD, do 

the requirements of paragraph (g)(2) of this 

AD concurrently. 

(1) Do a detailed inspection of the thrust 

reverser flange for damage to the sealant, as 

applicable, and install sealants and gaskets 

before further flight, as applicable, to the 

thrust reverser flanges and service island 

flanges, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 40–78–03, Revision 1, dated 

November 5, 2012 (for Model 45 airplanes 

having S/N 45–2001 through 45–2132 

inclusive); or Bombardier Service Bulletin 

45–78–9, Revision 1, dated November 5, 2012 

(for Model 45 airplanes having S/N 45–005 

through 45–436 inclusive). 

(2) For Model 45 airplanes having S/N 45– 

2001 through 45–2129 inclusive and S/N 45– 

005 through 45–420 inclusive: Do a 

fluorescent penetrant inspection for 

corrosion of the metallic components of the 

thrust reverser’s attach flange for any 

corrosion, and all applicable related 

investigative and corrective actions, in 

accordance with the Accomplishment 

Instructions of Nordam Service Bulletin 5045 

78–13, dated January 17, 2012, except as 

required by paragraph (h) of this AD. Do all 

applicable related investigative and 

corrective actions before further flight. 

(h) Exception to the Nordam Service 

Information 

If any material thickness less than the 

minimum allowable thickness is found 

during any inspection required by paragraph 

(g)(2) of this AD, and Nordam Service 

Bulletin 5045 78–13, dated January 17, 2012, 

specifies contacting Bombardier Learjet for 

appropriate action: Before further flight, 

repair the thrust reverser’s attach flange in 

accordance with a method approved by the 

Manager, Wichita Aircraft Certification Office 

(ACO), FAA. For a repair method to be 

approved by the Manager, Wichita ACO, as 

required by this paragraph, the Manager’s 

approval letter must specifically refer to this 

AD. 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions specified in paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Bombardier 

Service Bulletin 40–78–03, dated February 

27, 2012 (for Model 45 airplanes having 

S/N 45–2001 through 45–2132); or 

Bombardier Service Bulletin 45–78–9, dated 

February 27, 2012 (for Model 45 airplanes 

having S/N 45–005 through 45–436). 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Wichita ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in 

paragraph (k)(1) of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(k) Related Information 

(1) For more information about this AD, 

contact Paul Chapman, Aerospace Engineer, 

Airframe and Services Branch, ACE–118W, 

FAA, Wichita Aircraft Certification Office, 

1801 Airport Road, Room 100, Mid-Continent 

Airport, Wichita, KS 67209; phone: (316) 

946–4152; fax: (316) 946–4107; email: 

paul.chapman@faa.gov. 

(2) For service information identified in 

this AD, contact Learjet, Inc., One Learjet 

Way, Wichita, KS 67209–2942; telephone 

316–946–2000; fax 316–946–2220; email 

ac.ict@aero.bombardier.com; Internet http://

www.bombardier.com. You may view this 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on January 

22, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–02715 Filed 2–7–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0807; Directorate 

Identifier 2011–NM–191–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for all Airbus Model A318 series 

airplanes, and Model A319, A320, and 

A321 series airplanes. The NPRM 

proposed identifying the part number 

and serial number of each passenger 

oxygen container, replacing the oxygen 

generator manifold of the affected 

oxygen container with a serviceable 

manifold, and performing an 

operational check of the manual mask 

release, and corrective actions if 

necessary. The NPRM was prompted by 

reports of silicon particles inside the 

oxygen generator manifolds, which had 

chafed from the mask hoses during 

installation onto the generator outlets. 

This action revises the NPRM by adding 

airplanes to the applicability, adding a 

new check for part numbers, corrective 

actions if necessary, and reducing the 

compliance time for certain actions. We 

are proposing this AD to detect and 

correct non-serviceable oxygen 

generator manifolds, which could 

reduce or block the oxygen supply and 

result in injury to passengers when 

oxygen supply is needed. Since these 


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actions impose an additional burden 

over that proposed in the NPRM, we are 

reopening the comment period to allow 

the public the chance to comment on 

these proposed changes. 

DATES: We must receive comments on 

this proposed AD by March 27, 2014. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For Airbus service information 

identified in this proposed AD, contact 

Airbus, Airworthiness Office—EIAS, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France; telephone +33 5 

61 93 36 96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. For B/E 

service information identified in this 

proposed AD, contact B/E Aerospace 

Systems GmbH, Revalstrasse 1, 23560 

Lubeck, Germany; telephone (49) 451 

4093–2976; fax (49) 451 4093–4488. You 

may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0807; Directorate Identifier 

2011–NM–191–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

August 16, 2012 (77 FR 49386). The 

NPRM proposed to require actions 

intended to address the unsafe 

condition for the specified products. 

Since the NPRM (77 FR 49386, 

August 16, 2012) was issued, we have 

determined that Airbus Model A318– 

121 and A318–122 airplanes also are 

affected by the identified unsafe 

condition of this AD, and therefore we 

have added them to the applicability 

paragraph of this AD. We are also 

making the following changes to the 

NPRM: 

• We have extended the compliance 

time for certain actions; 

• The affected part numbers specified 

by the NPRM (77 FR 49386, August 16, 

2012) have been changed in this 

supplemental NPRM (SNPRM); and 

• A new check for part numbers and 

a corrective action have been added. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2012–0083, 

dated May 16, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

During production of passenger oxygen 

containers, the manufacturer B/E Aerospace 

detected some silicon particles inside the 

oxygen generator manifolds. Investigation 

revealed that those particles (chips) had 

chafed from the mask hoses during 

installation onto the generator outlets. It was 

discovered that a defective mask hose 

installation device had caused the chafing. 

This condition, if not detected and 

corrected, could reduce or block the oxygen 

supply, possibly resulting in injury to 

passengers when oxygen supply is needed. 

To address this potential unsafe condition, 

EASA issued AD 2011–0167 [(http://

ad.easa.europa.eu/blob/easa_ad_2011_0167_

superseded.pdf/AD_2011-0167_1)] to require 

the identification and modification of the 

affected oxygen container assemblies. That 

AD also prohibited the installation of the 

affected containers on any aeroplane as 

replacement parts. 

Since that AD was issued, it was 

established that the Models A318–121 and 

A318–122 were missing from the 

Applicability of the AD, and clarification was 

necessary regarding the affected containers, 

which are only those marked B/E Aerospace 

Systems on the equipment data plate. 

For the reasons described above, this 

[EASA] AD retains the requirements of EASA 

AD 2011–0167, which is superseded, 

expands the Applicability by adding two 

aeroplane models, and provides clarity by 

providing a list of affected passenger oxygen 

containers. 

Required actions also include replacing 

the oxygen generator manifold of the 

affected oxygen container with a 

serviceable manifold, doing an 

operational check of the manual mask 

release, and repairing the passenger 

oxygen container if necessary. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating it in Docket No. FAA– 

2012–0807. 

Comments 

We gave the public the opportunity to 

comment on the NPRM (77 FR 49386, 

August 16, 2012). The following 

presents the comments received on the 

NPRM and the FAA’s response to each 

comment. 

Request To Remove Sentence 

Airbus requested that we revise 

paragraph (h) of the NPRM (77 FR 

49386, August 16, 2012) to remove the 

sentence, ‘‘If the operational check fails, 

before further flight, repair, using a 

method approved by either the Manager, 

International Branch, ANM 116, 

Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(or its delegated agent).’’ Airbus 

explained that the sentence is already 

covered by instructions for the repair 

that exist in standard practices. 

We disagree with the commenter’s 

request to remove the sentence that 

specifies accomplishing a repair if an 

operational test fails. This SNPRM 

proposes that corrective actions must be 

done to ensure the identified unsafe 

condition is addressed. Also, since each 


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operator may be using different 

instructions for doing a repair, we 

cannot reference any particular 

instructions. We have not changed the 

SNPRM in this regard. 

Request To Correct Typographical 

Error 

Airbus requested that we revise the 

NPRM (77 FR 49386, August 16, 2012) 

to correct a typographical error. Airbus 

explained that the NPRM lists B/E 

Aerospace Service Bulletin 1XCXX– 

0100–35–005, Revision 1, dated 

December 15, 2012, but stated that the 

date of this service bulletin is December 

15, 2011. 

We disagree to revise the SNPRM. 

Airbus has since confirmed that the 

correct date for B/E Aerospace Service 

Bulletin 1XCXX–0100–35–005, Revision 

1, is December 15, 2012, as referenced 

in the NPRM (77 FR 49386, August 16, 

2012). We have not changed the SNPRM 

in this regard. 

FAA’s Determination and Requirements 

of This Proposed AD 

In many FAA transport ADs, when 

the service information specifies to 

contact the manufacturer for further 

instructions if certain discrepancies are 

found, we typically include in the FAA 

AD a requirement to accomplish the 

action using a method approved by 

either the FAA or the State of Design 

Authority (or its delegated agent). 

We have recently been notified that 

certain laws in other countries do not 

allow such delegation of authority, but 

some countries do recognize design 

approval organizations. In addition, we 

have become aware that some U.S. 

operators have used repair instructions 

that were previously approved by a 

State of Design Authority or a Design 

Approval Holder (DAH) as a method of 

compliance with this provision in FAA 

ADs. Frequently, in these cases, the 

previously approved repair instructions 

come from the airplane structural repair 

manual or DAH repair approval 

statements that were not specifically 

developed to address the unsafe 

condition corrected by the AD. Using 

repair instructions that were not 

specifically approved for a particular 

AD creates the potential for doing 

repairs that were not developed to 

address the unsafe condition identified 

by the MCAI AD, the FAA AD, or the 

applicable service information, which 

could result in the unsafe condition not 

being fully corrected. 

To prevent the use of repairs that 

were not specifically developed to 

correct the unsafe condition, this 

proposed AD would require that the 

repair approval specifically refer to the 

FAA AD. This change is intended to 

clarify the method of compliance and to 

provide operators with better visibility 

of repairs that are specifically developed 

and approved to correct the unsafe 

condition. In addition, we use the 

phrase ‘‘its delegated agent, or the DAH 

with the State of Design Authority’s 

design organization approval, as 

applicable’’ in this proposed AD to refer 

to a DAH authorized to approve 

required repairs for this proposed AD. 

Certain changes described above 

expand the scope of the NPRM (77 FR 

49386, August 16, 2012). As a result, we 

have determined that it is necessary to 

reopen the comment period to provide 

additional opportunity for the public to 

comment on this proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

affects 22 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on 

U.S. 

operators 

Replacement (The average number of oxygen containers per airplane is 

50).

3 work-hours × $85 per 

hour = $255.

$0 $255 $5,610 

Operational Check ....................................................................................... 3 work-hours × $85 per 

hour = $255.

0 255 5,610 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of the 

proposed inspection. We have no way of 

determining the number of aircraft that 

might need these repairs: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Repair (from operational check) .................................................... 1 work-hour × $85 per hour = $85 ............. $0 $85 

Repair (from part number check of the passenger oxygen container).1 work-hour × $85 per hour = $85 ............. 0 85 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 


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Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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 AD: 

Airbus: Docket No. FAA–2012–0807; 

Directorate Identifier 2011–NM–191–AD. 

(a) Comments Due Date 

We must receive comments by March 27, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A318– 

111, –112, –121, and –122 airplanes; A319– 

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; A320–111, –211, –212, –214, 

–231, –232, and –233 airplanes; A321–111, 

–112, –131, –211, –212, –213, –231, and –232 

airplanes; certificated in any category; all 

manufacturer serial numbers (MSN). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 35, Oxygen. 

(e) Reason 

This AD was prompted by reports of 

silicon particles inside the oxygen generator 

manifolds, which had chafed from the mask 

hoses during installation onto the generator 

outlets. We are issuing this AD to detect and 

correct non-serviceable oxygen generator 

manifolds, which could reduce or block the 

oxygen supply, which could result in injury 

to passengers when oxygen supply is needed. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Part Number and Serial Number 

Identification 

Within 5,000 flight cycles, or 7,500 flight 

hours, or 24 months, whichever occurs first 

after the effective date of this AD, identify the 

part number and serial number of each 

passenger oxygen container. A review of 

airplane maintenance records is acceptable in 

lieu of this identification if the part number 

and serial number of the oxygen container 

can be conclusively determined from that 

review. 

(h) Replacement, Check, Repair 

If the part number of the passenger oxygen 

container is listed in paragraph (h)(1) of this 

AD and the serial number of the passenger 

oxygen container is listed in paragraph (h)(2) 

of this AD: Within the compliance time 

specified in paragraph (g) of this AD, do the 

actions specified in paragraphs (h)(3), (h)(4), 

and (h)(5) of this AD, except as provided by 

paragraphs (i)(1) through (i)(7) of this AD. 

(1) (Type I: 15 and 22 minutes) 

12C15LXXXXX0100, 12C15RXXXXX0100, 

13C15LXXXXX0100, 13C15RXXXXX0100, 

14C15LXXXXX0100, 14C15RXXXXX0100, 

12C22LXXXXX0100, 12C22RXXXXX0100, 

13C22LXXXXX0100, 13C22RXXXXX0100, 

14C22LXXXXX0100, and 

14C22RXXXXX0100; and (Type II: 15 and 22 

minutes) 22C15LXXXXX0100, 

22C15RXXXXX0100, 22C22LXXXXX0100, 

and 22C22RXXXXX0100. 

Note 1 to paragraph (h)(1) of this AD: The 

passenger emergency oxygen container 

assemblies listed in paragraph (h)(1) of this 

AD are products having the mark ‘‘B/E 

AEROSPACE’’ on the identification plate. 

(2) ARBA–0000 to ARBA–9999 inclusive, 

ARBB–0000 to ARBB–9999 inclusive, ARBC– 

0000 to ARBC–9999 inclusive, ARBD–0000 

to ARBD–9999 inclusive, ARBE–0000 to 

ARBE–9999 inclusive, BEBF–0000 to BEBF– 

9999 inclusive, BEBH–0000 to BEBH–9999 

inclusive, BEBK–0000 to BEBK–9999 

inclusive, BEBL–0000 to BEBL–9999 

inclusive, and BEBM–0000 to BEBM–9999 

inclusive. 

(3) Replace the oxygen generator manifold 

of the affected oxygen passenger container 

with a serviceable manifold, in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A320–35A1047, 

dated March 29, 2011. 

(4) Do an operational check of the manual 

mask release, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–35A1047, dated 

March 29, 2011. If the operational check fails, 

before further flight, repair using a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or the European Aviation 

Safety Agency (EASA) (or its delegated agent, 

or the Design Approval Holder with EASA’s 

design organization approval, as applicable). 

For a repair method to be approved, the 

repair approval must specifically refer to this 

AD. 

(5) Check if the part number of the 

passenger oxygen container is listed in B/E 

Aerospace Service Bulletin 1XCXX–0100– 

35–005, Revision 1, dated December 15, 

2012; or B/E Aerospace Service Bulletin 

22CXX–0100–35–003, Revision 1, dated 

December 20, 2011. If the part number is 

listed in B/E Aerospace Service Bulletin 

1XCXX–0100–35–005, Revision 1, dated 

December 15, 2012; or B/E Aerospace Service 

Bulletin 22CXX–0100–35–003, Revision 1, 

dated December 20, 2011; within the 

compliance time specified in paragraph (g) of 

this AD, repair using a method approved by 

the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

EASA (or its delegated agent, or the Design 

Approval Holder with EASA’s design 

organization approval, as applicable). For a 

repair method to be approved, the repair 

approval must specifically refer to this AD. 

(i) Exceptions 

(1) Oxygen containers that meet the 

conditions specified in paragraph (i)(1)(i) or 

(i)(1)(ii) of this AD are compliant with the 

requirements of paragraph (h) of this AD. 

(i) Oxygen containers Type I having a part 

number listed in paragraph (h)(1) of this AD 

and having a serial number listed in 

paragraph (h)(2) of this AD, that have been 

modified prior to the effective date of this 

AD, as specified in the Accomplishment 

Instructions of B/E Aerospace Service 

Bulletin 1XCXX–0100–35–005, Revision 1, 

dated December 15, 2012. 

(ii) Oxygen containers Type II having a part 

number listed in paragraph (h)(1) of this AD 

and having a serial number listed in 

paragraph (h)(2) of this AD, that have been 

modified prior to the effective date of this 

AD, as specified in the Accomplishment 

Instructions of B/E Aerospace Service 

Bulletin 22CXX–0100–35–003, Revision 1, 

dated December 20, 2011. 

(2) Airplanes on which Airbus 

Modification 150703 or Airbus Modification 

150704 has not been embodied in production 

do not have to comply with the requirements 

of paragraph (h) of this AD, unless an oxygen 

container having a part number listed in 

paragraph (h)(1) of this AD and having a 

serial number listed in paragraph (h)(2) of 

this AD has been replaced since the 

airplane’s first flight. 

(3) Airplanes on which Airbus 

Modification 150703 or Airbus Modification 

150704 has been embodied in production 

and which are not listed by model and MSN 

in Airbus Service Bulletin A320–35A1047, 

dated March 29, 2011, are not subject to the 

requirements of paragraphs (g) and (h) of this 

AD, unless an oxygen container having a part 

number listed in paragraph (h)(1) of this AD 

and having a serial number listed in 


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paragraph (h)(2) of this AD has been replaced 

since the airplane’s first flight. 

(4) Model A319 airplanes that are equipped 

with a gaseous oxygen system for passengers, 

installed in production with Airbus 

Modification 33125, do not have the affected 

passenger oxygen containers installed. 

Unless these airplanes have been modified 

in-service (no approved Airbus modification 

exists), the requirements of paragraphs (g) 

and (h) of this AD do not apply to these 

airplanes. 

(5) Airplanes that have already been 

inspected prior to the effective date of this 

AD, in accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

35A1047, dated March 29, 2011, must be 

inspected and, depending on findings, 

corrected, within the compliance time 

defined in paragraph (g) of this AD, as 

required by paragraph (h) of this AD, as 

applicable, except as specified in paragraph 

(i)(6) of this AD. 

(6) Airplanes on which the passenger 

oxygen container has been replaced before 

the effective date of this AD in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A320–35A1047, 

dated March 29, 2011, are compliant with the 

requirements of the paragraph (h) of this AD 

for that passenger oxygen container. 

(7) The requirements of paragraphs (g) and 

(h) of this AD apply only to passenger oxygen 

containers that are Design A, as defined in 

figure 1 to paragraph (i)(7) of this AD. 

BILLING CODE 4910–13–P 


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7608 Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 

Note 1 to figure 1 to paragraph (i)(7) of this 

AD: Figure 1 to paragraph (i)(7) of this AD 

contains the information specified in 

Appendix 1 of EASA Airworthiness Directive 

2012–0083, dated May 16, 2012. 

(j) Parts Installation Limitations 

As of the effective date of this AD, no 

person may install an oxygen container 

having a part number specified in paragraph 

(h)(1) of this AD and having a serial number 

specified in paragraph (h)(2) of this AD, on 

any airplane, unless the container has been 

modified in accordance with the 

Accomplishment Instructions of any of the 

service bulletins specified in paragraph (j)(1), 

(j)(2), or (j)(3) of this AD, as applicable. 

(1) Airbus Service Bulletin A320–35A1047, 

dated March 29, 2011. 

(2) B/E AEROSPACE Service Bulletin 

1XCXX–0100–35–005, Revision 1, dated 

December 15, 2012. 

(3) B/E AEROSPACE Service Bulletin 

22CXX–0100–35–003, Revision 1, dated 

December 20, 2011. 


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Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 7609 

(k) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (h) of this AD, 

if those actions were performed before the 

effective date of this AD using the service 

information specified in paragraph (k)(1) or 

(k)(2) of this AD. 

(1) B/E AEROSPACE Service Bulletin 

1XCXX–0100–35–005, dated March 14, 2011. 

(2) B/E AEROSPACE Service Bulletin 

22CXX–0100–35–003, dated March 17, 2011. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1405; fax (425) 

227–1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or the Design Approval 

Holder with a State of Design Authority’s 

design organization approval, as applicable). 

For a repair method to be approved, the 

repair approval must specifically refer to this 

AD. You are required to ensure the product 

is airworthy before it is returned to service. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information European 

Aviation Safety Agency Airworthiness 

Directive 2012–0083, dated May 16, 2012, for 

related information. This may be found in the 

AD docket on the Internet at http://

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2012–0807. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EIAS, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

For B/E service information identified in this 

proposed AD, contact B/E Aerospace Systems 

GmbH, Revalstrasse 1, 23560 Lubeck, 

Germany; telephone (49) 451 4093–2976; fax 

(49) 451 4093–4488. You may view this 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on January 

21, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–02722 Filed 2–7–14; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 106 

[Docket No. FDA–2014–D–0033] 

Draft Guidance for Industry: 

Demonstration of the Quality Factor 

Requirements for ‘‘Eligible’’ Infant 

Formulas; Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a draft 

guidance entitled ‘‘Guidance for 

Industry: Demonstration of the Quality 

Factor Requirements for ‘Eligible’ Infant 

Formulas.’’ The draft guidance, when 

finalized, will describe our current 

thinking on the quality factor 

requirements for eligible infant 

formulas, the record requirements for 

eligible infant formulas, and the 

submission of citizen petitions for 

eligible infant formulas. 

DATES: Although you can comment on 

any guidance at any time (see 21 CFR 

10.115(g)(5)), to ensure that we consider 

your comment on this draft guidance 

before we begin work on the final 

version of the guidance, submit either 

electronic or written comments on the 

draft guidance by March 27, 2014. 

ADDRESSES: Submit written requests for 

single copies of the draft guidance to the 

Office of Nutrition, Labeling, and 

Dietary Supplements, Center for Food 

Safety and Applied Nutrition (HFS– 

850), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740. Send two self-addressed 

adhesive labels to assist that office in 

processing your request. See the 

SUPPLEMENTARY INFORMATION section for 

electronic access to the draft guidance. 

Submit electronic comments on the 

draft guidance to http://

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Benson M. Silverman, Center for Food 

Safety and Applied Nutrition (HFS– 

850), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740, 240–402–1459. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We are announcing the availability of 

a draft guidance for industry entitled 

‘‘Guidance for Industry: Demonstration 

of the Quality Factor Requirements 

Under 21 CFR 106.96(i) for ‘Eligible’ 

Infant Formulas.’’ This draft guidance is 

being issued consistent with our good 

guidance practices regulation (21 CFR 

10.115). The draft guidance, when 

finalized, will represent our current 

thinking on this topic. It does not create 

or confer any rights for or on any person 

and does not operate to bind FDA or the 

public. An alternate approach may be 

used if such approach satisfies the 

requirements of the applicable statutes 

and regulations. 

The draft guidance is intended to 

address questions regarding new 

requirements for eligible infant formulas 

in § 106.96(i). An interim final rule 

amending part 106, and establishing the 

requirements under § 106.96(i), is 

published elsewhere in this issue of the 

Federal Register. 

II. Paperwork Reduction Act of 1995 

This draft guidance refers to proposed 

collections of information described in 

FDA’s interim final rule on current good 

manufacturing practices for infant 

formula published elsewhere in this 

issue of the Federal Register, which this 

draft guidance is intended to interpret. 

The proposed collections of information 

in the interim final rule are subject to 

review by the Office of Management and 

Budget (OMB) under the Paperwork 

Reduction Act of 1995 (the PRA) (44 

U.S.C. 3501–3520). As required by the 

PRA, FDA has provided a description of 

these provisions with estimates of the 

annual reporting, recordkeeping, and 

third-party disclosure burden in section 

IV of the Regulatory Impact Analysis for 

the interim final rule, entitled 

‘‘Paperwork Reduction Act of 1995’’ 

(Ref. 92 to the interim final rule) and 

has submitted them for OMB approval. 

III. Comments 

Interested persons may submit either 

electronic comments regarding the 

guidance to http://www.regulations.gov 

or written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 


emcdonald on DSK67QTVN1PROD with PROPOSALS