Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 65585 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–18–05 Rolls-Royce Deutschland Ltd & 

Co KG: Amendment 39–22546; Docket 

No. FAA–2023–1210; Project Identifier 

MCAI–2022–01530–E. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective October 30, 2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Rolls-Royce 

Deutschland Ltd & Co KG Model RB211– 

535C–37 engines. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code 7230, Turbine Engine Compressor 

Section. 

(e) Unsafe Condition 

This AD was prompted by the 

manufacturer revising the engine time limits 

manual (TLM) to introduce new or more 

restrictive instructions and associated 

thresholds and intervals for life-limited parts. 

The FAA is issuing this AD to prevent failure 

of life-limited parts. The unsafe condition, if 

not addressed, could result in uncontained 

release of a critical part, damage to the 

engine, and damage to the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraph (h) of this 

AD: Perform all required actions within the 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2022–0236, dated 

December 1, 2022 (EASA AD 2022–0236). 

(h) Exceptions to EASA AD 2022–0236 

(1) Where EASA AD 2022–0236 defines the 

AMP as the approved Aircraft Maintenance 

Programme containing the tasks on the basis 

of which the scheduled maintenance is 

conducted to ensure the continuing 

airworthiness of each operated engine, this 

AD defines the AMP as the aircraft 

maintenance program containing the tasks on 

the basis of which the scheduled 

maintenance is conducted to ensure the 

continuing airworthiness of each operated 

airplane. 

(2) Where EASA AD 2022–0236 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) This AD does not require compliance 

with paragraphs (1), (2), (4), and (5) of EASA 

AD 2022–0236. 

(4) Where paragraph (3) of EASA AD 2022– 

0236 specifies revising the approved AMP 

within 12 months after the effective date of 

EASA AD 2022–0236, this AD requires 

revising the airworthiness limitations section 

of the existing approved engine maintenance 

or inspection program, as applicable, within 

90 days after the effective date of this AD. 

(5) This AD does not adopt the Remarks 

paragraph of EASA AD 2022–0236. 

(i) Provisions for Alternative Actions and 

Intervals 

After performing the actions required by 

paragraph (g) of this AD, no alternative 

actions and associated thresholds and 

intervals, including life limits, are allowed 

unless they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2022–0236. 

(j) 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 local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the certification branch, 

send it to the attention of the person 

identified in paragraph (k) of this AD and 

email to: ANE-AD-AMOC@faa.gov. 

(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) Additional Information 

For more information about this AD, 

contact Sungmo Cho, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: (781) 238–7241; 

email: sungmo.d.cho@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 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) European Union Aviation Safety Agency 

AD 2022–0236, dated December 1, 2022. 

(ii) [Reserved] 

(3) For EASA AD 2022–0236, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +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 FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(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 7, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–20672 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1217; Project 

Identifier MCAI–2023–00477–T; Amendment 

39–22551; AD 2023–19–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A330–200 series; 

A330–200 Freighter series; A330–300 

series; A330–800 series; A330–900 

series; A340–200 series; and A340–300 

series airplanes. This AD was prompted 

by reports of cracks found in the scroll 

housing assembly of Honeywell 

GTCP331–350 auxiliary power units 

(APUs). This AD requires replacing each 

affected APU or re-identifying certain 

APU scroll housing assemblies, and 

prohibits the installation of affected 

parts under certain conditions, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective October 30, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 30, 2023. 

ADDRESSES: 


ddrumheller on DSK120RN23PROD with RULES1
65586 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1217; 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 final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For material incorporated by 

reference in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find 

this material on the EASA website at 

ad.easa.europa.eu. 

• For Honeywell service information 

incorporated by reference in this AD, 

contact Honeywell International, Inc., 

111 South 34th Street, Phoenix, AZ 

85034; phone: (800) 601–3099; fax: (602) 

365–5577; website: 

myaerospace.honeywell.com/wps/ 

portal. 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1217. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Dowling, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 206–231–3667; email 

Timothy.P.Dowling@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Airbus SAS Model 330–201, 

–202, –203, –223, –223F, –243, –243F, 

–301, –302, –303, –321, –322, –323, 

–341, –342, –343, –841, –941, and 

–743L airplanes, and Model A340–211, 

–212, –213, –311, –312, and –313 

airplanes. Model A330–743L airplanes 

are not certificated by the FAA and are 

not included on the U.S. type certificate 

data sheet; this AD therefore does not 

include those airplanes in the 

applicability. The NPRM published in 

the Federal Register on June 20, 2023 

(88 FR 39796). The NPRM was 

prompted by AD 2023–0056, dated 

March 16, 2023, issued by EASA, which 

is the Technical Agent for the Member 

States of the European Union (EASA AD 

2023–0056) (also referred to as the 

MCAI). The MCAI states that cracks 

were found in the scroll housing 

assembly of Honeywell GTCP331–350 

APUs. 

In the NPRM, the FAA proposed to 

require replacing each affected APU or 

re-identifying certain APU scroll 

housing assemblies, as specified in 

EASA AD 2023–0056. The NPRM also 

proposed to prohibit the installation of 

affected parts under certain conditions. 

The FAA is issuing this AD to address 

cracks in the scroll housing assembly of 

Honeywell GTCP331–350 APUs. The 

unsafe condition, if not addressed, 

could result in hot air leakage and 

consequent damage to the APU 

compartment and loss of the APU doors, 

possibly resulting in damage to the 

airplane. 

Since EASA AD 2023–0056 was 

issued and the FAA NPRM was 

published, EASA determined that a 

letter, which is part of an APU’s serial 

number, is used only to identify the 

manufacturing facility of the APU and 

has no meaning in relation to the EASA 

AD 2023–0056 required actions. 

Therefore, EASA issued AD 2023–0158, 

dated August 2, 2023 (EASA AD 2023– 

0158), which supersedes EASA AD 

2023–0056 but retains the requirements 

of EASA AD 2023–0056. EASA AD 

2023–0158 only revises the definition of 

‘‘affected APU’’ to disregard any letter 

included in the APU serial number. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1217. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received a comment from 

Air Line Pilots Association, 

International (ALPA) who supported the 

NPRM without change. 

Additional Changes Made to This AD 

Since the NPRM was published, 

EASA AD 2023–0056 was superseded 

by EASA AD 2023–0158. The FAA has 

updated this final rule accordingly by 

replacing EASA AD 2023–0056 with 

EASA AD 2023–0158 in all affected 

paragraphs. 

Conclusion 

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 

reviewed the relevant data, considered 

the comment received, and determined 

that air safety requires adopting this AD 

as proposed. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on this product. Except for 

minor editorial changes, and any other 

changes described previously, this AD is 

adopted as proposed in the NPRM. 

None of the changes will increase the 

economic burden on any operator. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0158 specifies 

procedures for replacing each affected 

APU or re-identifying certain APU scroll 

housing assemblies (those having part 

number (P/N) 5053–181–001–501 or P/ 

N 0331207990 and ‘‘SR–1’’ next to the 

part number marking). EASA AD 2023– 

0158 also prohibits the installation of 

affected parts under certain conditions. 

Honeywell Service Bulletin 5053– 

181–49–7895, dated July 21, 2006, 

specifies procedures for, among other 

actions, re-identifying affected APU 

scroll housing assemblies. While 

Honeywell distributes this document, 

Aeronamic develops the technical 

content. 

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. 

Costs of Compliance 

The FAA estimates that this AD 

affects 128 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 65587 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per product Cost on U.S. operators 

Up to 18 work-hours × $85 per hour = Up to $1,530 (replace APU) .. $1,612,820 Up to $1,614,350 .............. (*) 

Up to 20 work-hours × $85 per hour = Up to $1,700 (re-identify APU 

scroll housing assembly).

3,141 Up to $4,841 ..................... (*) 

* Operators have the option to replace the APU or re-identify the APU scroll housing assembly. The FAA has no definitive data on which to 

provide a total cost estimate for U.S. operators for the required actions specified in this AD. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) 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 Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–19–01 Airbus SAS: Amendment 39– 

22551; Docket No. FAA–2023–1217; 

Project Identifier MCAI–2023–00477–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective October 30, 2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus SAS 

airplanes specified in paragraphs (c)(1) 

through (7) of this AD, certificated in any 

category. 

(1) Model A330–201, –202, –203, –223, and 

–243 airplanes. 

(2) Model A330–223F and –243F airplanes. 

(3) Model A330–301, –302, –303, –321, 

–322, –323, –341, –342, and –343 airplanes. 

(4) Model A330–841 airplanes. 

(5) Model A330–941 airplanes. 

(6) Model A340–211, –212, and –213 

airplanes. 

(7) Model A340–311, –312, and –313 

airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 49, Airborne auxiliary power. 

(e) Unsafe Condition 

This AD was prompted by reports of cracks 

found in the scroll housing assembly of 

Honeywell GTCP331–350 auxiliary power 

units (APUs). The FAA is issuing this AD to 

address such cracks. The unsafe condition, if 

not addressed, could result in hot air leakage 

and consequent damage to the APU 

compartment and loss of the APU doors, 

possibly resulting in damage to the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2023–0158, dated 

August 2, 2023 (EASA AD 2023–0158). 

(h) Exceptions to EASA AD 2023–0158 

(1) Where EASA AD 2023–0158 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Where EASA AD 2023–0158 refers to 

the effective date of EASA AD 2023–0056, 

this AD requires using the effective date of 

this AD. 

(3) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0158. 

(4) Where EASA AD 2023–0158 specifies 

to re-identify an SR–1 affected part ‘‘in 

accordance with the instructions of the SB,’’ 

for this AD, operators must use Honeywell 

Service Bulletin 5053–181–49–7895, dated 

July 21, 2006. 

Note 1 to paragraph (h)(4): Honeywell 

distributes this document; Aeronamic 

develops the technical content. 

(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 


ddrumheller on DSK120RN23PROD with RULES1
65588 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

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 Timothy Dowling, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3667; email Timothy.P.Dowling@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 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 2023–0158, dated August 2, 

2023. 

(ii) Honeywell Service Bulletin 5053–181– 

49–7895, dated July 21, 2006. 

(3) For EASA AD 2023–0158, 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) For Honeywell service information 

incorporated by reference in this AD, contact 

Honeywell International, Inc., 111 South 

34th Street, Phoenix, AZ 85034; phone: (800) 

601–3099; fax: (602) 365–5577; website: 

myaerospace.honeywell.com/wps/portal. 

(5) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(6) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

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

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

Issued on September 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–20646 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–0534; Airspace 

Docket No. 21–AWP–52] 

RIN 2120–AA66 

Amendment of V–388 Near Paradise, 

CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Very 

High Frequency Omnidirectional Range 

(VOR) Federal airway V–388 between 

the Paradise, CA (PDZ), VOR/Tactical 

Air Navigation (VORTAC) and the Palm 

Springs, CA (PSP), VORTAC 

navigational aids. 

DATES: Effective date 0901 UTC, 

November 30, 2023. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order JO 7400.11 and 

publication of conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11H, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Steven Roff, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

modify the route structure as necessary 

to preserve the safe and efficient flow of 

air traffic within the National Airspace 

System. 

History 

The FAA published a NPRM for 

Docket No. FAA 2023–0534 in the 

Federal Register (88 FR 21546; April 11, 

2023), proposing to amend VOR Federal 

airway V–388. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal. No comments were 

received. 

Incorporation by Reference 

VOR Federal airways are published in 

paragraph 6010 of FAA Order JO 

7400.11, Airspace Designations and 

Reporting Points, which is incorporated 

by reference in 14 CFR 71.1 on an 

annual basis. This document amends 

the current version of that order, FAA 

Order JO 7400.11H, dated August 11, 

2022, and effective September 15, 2023. 

FAA Order JO 7400.11H is publicly 

available as listed in the ADDRESSES

section of this document. These 

amendments will be published in the 

next update to FAA Order JO 7400.11. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

amending VOR Federal airway V–388. 

The VOR Route amendment action is 

described below. 

V–388: As amended, V–388 extends 

between the Seal Beach, CA (SLI), 

VORTAC and the Palm Springs, CA 

(PSP), VORTAC. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 


ddrumheller on DSK120RN23PROD with RULES1