Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65831 

part 1228 of chapter XII of title 12 of the 

Code of Federal Regulations as follows: 

PART 1228—RESTRICTIONS ON THE 

ACQUISITION OF, OR TAKING 

SECURITY INTERESTS IN, 

MORTGAGES ON PROPERTIES 

ENCUMBERED BY CERTAIN PRIVATE 

TRANSFER FEE COVENANTS AND 

RELATED SECURITIES 

■ 1. The authority citation for part 1228 

is revised to read as follows: 

Authority: 12 U.S.C. 4511, 4513, 4526, 

4565, 4616, 4617, 4631. 

■ 2. Amend § 1228.1 by revising the 

definition of ‘‘Excepted transfer fee 

covenant’’ to read as follows: 

§ 1228.1 Definitions. 

* * * * * 

Excepted transfer fee covenant means 

a private transfer fee covenant that: 

(1) Requires payment of a private 

transfer fee to a covered association and 

limits the use of such transfer fees 

exclusively to purposes which provide 

a direct benefit to the real property 

encumbered by the private transfer fee 

covenants; or 

(2) Requires payment of a private 

transfer fee under a program meeting the 

Duty to Serve shared equity loan 

program criteria for resale restriction 

programs in § 1282.34(d)(4)(i)(A) and 

(d)(4)(ii) of this chapter other than the 

Duty to Serve 100 percent of area 

median income limit. 

* * * * * 

■ 3. Revise § 1228.3 to read as follows: 

§ 1228.3 Limitation on applicability. 

This part is not applicable to shared 

equity loans, or related securities, that 

were purchased or securitized by the 

Enterprises with note dates prior to July 

1, 2023, regardless of whether the loans 

met the Duty to Serve shared equity 

loan program criteria for resale 

restriction programs in 

§ 1282.34(d)(4)(i)(A) and (d)(4)(ii) of this 

chapter. 

Sandra L. Thompson, 

Director, Federal Housing Finance Agency. 

[FR Doc. 2023–20818 Filed 9–25–23; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1887; Project 

Identifier MCAI–2023–00543–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) 

2020–24–12, which applies to certain 

Airbus SAS Model A350–941 airplanes. 

AD 2020–24–12 requires replacing 

certain center wing box (CWB) fasteners 

with fasteners having improved friction 

efficiency. Since the FAA issued AD 

2020–24–12, additional work was 

introduced to ensure the correct 

application of the fuel vapor barrier 

structure paint on the outside of the 

CWB. This proposed AD would 

continue to require the actions in AD 

2020–24–12 and would require the 

additional work, as specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is proposed for 

incorporation by reference (IBR). The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 13, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1887; 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 the EASA AD identified in this 

NPRM, you may contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this 

material on the EASA website at 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1887. 

• 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. 

FOR FURTHER INFORMATION CONTACT: Dat 

Le, Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone (516) 228–7317; 

email dat.v.le@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1887; Project Identifier 

MCAI–2023–00543–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 


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65832 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

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 (516) 228–7317; email 

dat.v.le@faa.gov. Any commentary that 

the FAA receives which is not 

specifically designated as CBI will be 

placed in the public docket for this 

rulemaking. 

Background 

The FAA issued AD 2020–24–12, 

Amendment 39–21342 (85 FR 76949, 

December 1, 2020) (AD 2020–24–12), for 

certain Airbus SAS Model A350–941 

airplanes. AD 2020–24–12 was 

prompted by an MCAI originated by 

EASA, which is the Technical Agent for 

the Member States of the European 

Union. EASA issued AD 2020–0123, 

dated May 29, 2020 (EASA AD 2020– 

0123), to correct an unsafe condition. 

AD 2020–24–12 requires replacing 

certain CWB fasteners with fasteners 

having improved friction efficiency. The 

FAA issued AD 2020–24–12 to address 

CWB fastener rotation. This condition, if 

not corrected, could lead to cracking of 

the fastener head sealant cover, 

followed by fuel vapor leakage inside 

the cabin, possibly resulting in injury to 

airplane occupants. 

Actions Since AD 2020–24–12 Was 

Issued 

Since the FAA issued AD 2020–24– 

12, EASA superseded AD 2020–0123 

and issued EASA AD 2023–0068, dated 

March 30, 2023 (EASA AD 2023–0068) 

(also referred to as the MCAI), to correct 

an unsafe condition for certain Airbus 

SAS Model A350–941 airplanes. The 

MCAI states that during flight and 

fatigue testing it was discovered that 

some fasteners can rotate inside their 

CWB fastener holes. Further 

investigation identified insufficient 

friction for the application. After EASA 

issued AD 2020–0123, it was 

determined that additional work is 

necessary to ensure the correct 

application of the fuel vapor barrier 

structure paint on the outside of the 

CWB. CWB fastener rotation, if not 

corrected, can lead to a crack of the 

fastener head sealant cover, followed by 

fuel vapor leakage inside the cabin, 

possibly resulting in injury to airplane 

occupants. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. You may examine the MCAI 

in the AD docket at regulations.gov 

under Docket No. FAA–2023–1887. 

Explanation of Retained Requirements 

Although this proposed AD does not 

explicitly restate the requirements of AD 

2020–24–12, this proposed AD would 

retain all of the requirements of AD 

2020–24–12. Those requirements are 

referenced in EASA AD 2023–0068, 

which, in turn, is referenced in 

paragraph (g) of this proposed AD. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0068 specifies 

procedures for replacing the affected 

CWB fasteners with fasteners having 

improved friction efficiency, and for 

doing additional work on previously 

modified airplanes to ensure the correct 

application of the fuel vapor barrier 

structure paint from outside the CWB. 

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 the 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 all 

requirements of AD 2020–24–12. This 

proposed AD would also require 

accomplishing the applicable actions 

specified in EASA AD 2023–0068 

described previously, except for any 

differences identified as exceptions in 

the regulatory text of this proposed AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2023–0068 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0068 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

EASA AD 2023–0068 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 2023–0068. 

Service information required by EASA 

AD 2023–0068 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–1887 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 13 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Retained actions from AD 2020–24–12 ......... 307 work-hours × $85 per hour = $26,095 .... $5,900 $31,995 $415,935 

New proposed actions .................................... 174 work-hours × $85 per hour = $14,790 .... 900 15,690 203,970 

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. 


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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 65833 

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 

(AD) 2020–24–12, Amendment 39– 

21342 (85 FR 76949, December 1, 2020); 

and 

■ b. Adding the following new AD: 

Airbus SAS: Docket No. FAA–2023–1887; 

Project Identifier MCAI–2023–00543–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by November 

13, 2023. 

(b) Affected ADs 

This AD replaces AD 2020–24–12, 

Amendment 39–21342 (85 FR 76949, 

December 1, 2020) (AD 2020–24–12). 

(c) Applicability 

This AD applies to Airbus SAS Model 

A350–941 airplanes, certificated in any 

category, as identified in European Union 

Aviation Safety Agency (EASA) AD 2023– 

0068, dated March 30, 2023 (EASA AD 2023– 

0068). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by reports that 

certain central wing box (CWB) fasteners had 

rotated inside the fastener holes due to 

insufficient friction for the application, and 

by the determination that additional work is 

necessary to ensure the correct application of 

the fuel vapor barrier structure paint on the 

outside of the CWB. The FAA is issuing this 

AD to address CWB fastener rotation. The 

unsafe condition, if not corrected, could lead 

to cracking of the fastener head sealant cover, 

followed by fuel vapor leakage inside the 

cabin, possibly resulting in injury to airplane 

occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0068. 

(h) Exceptions to EASA AD 2023–0068 

This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0068. 

(i) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (j) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Airbus SAS’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (i)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are not identified 

as RC may be deviated from using accepted 

methods in accordance with the operator’s 

maintenance or inspection program without 

obtaining approval of an AMOC, provided 

the procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(j) Additional Information 

For more information about this AD, 

contact Dat Le, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone (516) 228– 

7317; email dat.v.le@faa.gov. 

(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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0068, dated March 30, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0068, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) You may view this 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 service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–20508 Filed 9–25–23; 8:45 am] 

BILLING CODE 4910–13–P 


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