Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 70913 

intentionally false, or misleading. 

Therefore, the FAA proposes to 

withdraw the FCAA NPRM published in 

2009 and thereby maintain the 

requirement for foreign applicants for 

type validation to comply with § 21.20. 

Conclusion 

Withdrawal of Notice No. 18–09 does 

not preclude the FAA from issuing 

rulemaking on the subject in the future 

or commit the FAA to any future course 

of action. The FAA will make necessary 

changes to the Code of Federal 

Regulations through an NPRM with 

opportunity for public comment in the 

new rulemaking project. 

Therefore, the FAA withdraws Notice 

No. 18–09, FR Doc. 2018–1052, 

published at 84 FR 5605 on February 22, 

2019. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC. 

Lirio Liu, 

Executive Director, Aircraft Certification 

Service. 

[FR Doc. 2023–22647 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1994; Project 

Identifier MCAI–2023–00658–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus SAS Model A318, A319, A321, 

A330–200, A330–200 Freighter, A330– 

300, A330–800, A330–900, A340–200, 

and A340–300 series airplanes; Model 

A320–211, –212, –214, –216, –231, 

–232, –233, –251N, –252N, –253N,

–271N, –272N, and –273N airplanes;

and Model A340–541 and A340–642

airplanes. This proposed AD was

prompted by a report that a production

deficiency of some SafeLav gaseous

oxygen container (SLGOC) batches was

identified during production testing of

newly manufactured oxygen containers.

This proposed AD would require

replacing affected SLGOCs and

prohibiting the installation of affected

SLGOCs, as specified in a European

Union Aviation Safety Agency (EASA) 

AD, which is proposed for incorporation 

by reference (IBR). The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 27, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251.

• Mail: U.S. Department of

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail

address above between 9 a.m. and 5 

p.m., Monday through Friday, except

Federal holidays.

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1994; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For material that is proposed for

IBR in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this 

material on the EASA website at 

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

regulations.gov under Docket No. FAA– 

2023–1994. 

• You may view this material at the

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

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

FOR FURTHER INFORMATION CONTACT: Tim 

Dowling, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone: 206– 

231–3667; email: timothy.p.dowling@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1994; Project Identifier 

MCAI–2023–00658–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Tim Dowling, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone: 206–231–3667; 

email: timothy.p.dowling@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2023–0094, 

dated May 8, 2023 (EASA AD 2023– 

0094) (also referred to as the MCAI), to 

correct an unsafe condition for all 

Airbus SAS Model: 

• A318–111, –112, –121, and –122

airplanes; 

• A319–111, –112, –113, –114, –115,

–131, –132, –133, –151N, –153N, and

–171N airplanes;

• A320–211, –212, –214, –215, –216,

–231, –232, –233, –251N, –252N,

–253N, –271N, –272N, and –273N

airplanes;


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70914 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 

• A321–111, –112, –131, –211, –212, 

–213, –231, –232, –251N, –251NX, 

–252N, –252NX, –253N, –253NX, 

–271N, –271NX, –272N, and –272NX 

airplanes; 

• A330–201, –202, –203, –223, –223F, 

–243, –243F, –301, –302, –303, –321, 

–322, –323, –341, –342, –343, –841, and 

–941 airplanes; and 

• A340–211, –212, –213, –311, –312, 

–313, –541, –542, –642, and –643 

airplanes. 

Model A320–215, A340–542, and 

A340–643 airplanes are not certificated 

by the FAA and are not included on the 

U.S. type certificate data sheet; this 

proposed AD therefore does not include 

those airplanes in the applicability. The 

MCAI states that a production 

deficiency of some SLGOC batches was 

identified during production testing of 

newly manufactured oxygen containers. 

Subsequent investigation identified 

missing heat treatment of the actuation 

pin of the SLGOC, which could cause its 

jamming, with consequent failure of 

oxygen flow activation. This condition, 

if not corrected, could prevent 

supplemental oxygen supply in case of 

decompression in the cabin/lavatory, 

possibly resulting in injury to lavatory 

occupants. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1994. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0094 specifies 

procedures for replacing affected 

SLGOCs and prohibiting the installation 

of affected SLGOCs. This material is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in 

ADDRESSES. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

is issuing this NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

in other products of the same type 

design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2023–0094 described 

previously, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2023–0094 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0094 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

EASA AD 2023–0094 does not mean 

that operators need comply only with 

that section. For example, where the AD 

requirement refers to ‘‘all required 

actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2023–0094. 

Service information required by EASA 

AD 2023–0094 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–1994 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 728 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts 

cost 

Cost per 

product 

Cost on U.S. 

operators 

2 work-hours × $85 per hour = $170 .......................................................................................... $4,570 $4,740 $3,450,720 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

operators. 

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. 


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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 70915 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows:

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

§ 39.13 [Amended]

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness

directive:

Airbus SAS: Docket No. FAA–2023–1994; 

Project Identifier MCAI–2023–00658–T. 

(a) Comments Due Date

The FAA must receive comments on this

airworthiness directive (AD) by November 

27, 2023. 

(b) Affected ADs

None.

(c) Applicability

This AD applies to all Airbus SAS

airplanes identified in paragraphs (c)(1) 

through (6) of this AD, certificated in any 

category. 

(1) Model A318–111, –112, –121, and –122

airplanes. 

(2) Model A319–111, –112, –113, –114,

–115, –131, –132, –133, –151N, –153N, and

–171N airplanes.

(3) Model A320–211, –212, –214, –216,

–231, –232, –233, –251N, –252N, –253N,

–271N, –272N, and –273N airplanes.

(4) Model A321–111, –112, –131, –211,

–212, –213, –231, –232, –251N, –251NX,

–252N, –252NX, –253N, –253NX, –271N,

–271NX, –272N, and –272NX airplanes.

(5) Model A330–201, –202, –203, –223,

–223F, –243, –243F, –301, –302, –303, –321,

–322, –323, –341, –342, –343, –841, and –941

airplanes.

(6) Model A340–211, –212, –213, –311,

–312, –313, –541, and –642 airplanes.

(d) Subject

Air Transport Association (ATA) of

America Code 35, Oxygen. 

(e) Unsafe Condition

This AD was prompted by a report that a

production deficiency of some SafeLav 

gaseous oxygen container (SLGOC) batches 

was identified during production testing of 

newly manufactured oxygen containers. The 

FAA is issuing this AD to address missing 

heat treatment of the actuation pin of the 

SLGOC, which could cause its jamming, with 

consequent failure of oxygen flow activation. 

The unsafe condition, if not addressed, could 

result in lack of supplemental oxygen supply 

in case of decompression in the cabin/ 

lavatory, possibly resulting in injury to 

lavatory occupants. 

(f) Compliance

Comply with this AD within the

compliance times specified, unless already 

done. 

(g) Requirements

Except as specified in paragraphs (h) and

(i) of this AD: Comply with all required

actions and compliance times specified in,

and in accordance with, European Union

Aviation Safety Agency (EASA) AD 2023–

0094, dated May 8, 2023 (EASA AD 2023–

0094).

(h) Exceptions to EASA AD 2023–0094

(1) Where EASA AD 2023–0094 refers to its

effective date, this AD requires using the 

effective date of this AD. 

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

section of EASA AD 2023–0094. 

(i) No Reporting Requirement

Although the service information

referenced in EASA AD 2023–0094 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Additional AD Provisions

The following provisions also apply to this

AD: 

(1) Alternative Methods of Compliance

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (k) of this AD. Information may be 

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

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

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

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) Required for Compliance (RC): Except

as required by paragraph(s) (j)(2) and (i) of 

this AD, if any service information referenced 

in EASA AD 2023–0094 contains paragraphs 

that are labeled as RC, the instructions in RC 

paragraphs, including subparagraphs under 

an RC paragraph, must be done to comply 

with this AD; any paragraphs, including 

subparagraphs under those paragraphs, that 

are not identified as RC are recommended. 

The instructions in paragraphs, including 

subparagraphs under those paragraphs, not 

identified as RC may be deviated from using 

accepted methods in accordance with the 

operator’s maintenance or inspection 

program without obtaining approval of an 

AMOC, provided the instructions identified 

as RC can be done and the airplane can be 

put back in an airworthy condition. Any 

substitutions or changes to instructions 

identified as RC require approval of an 

AMOC. 

(k) Additional Information

For more information about this AD,

contact Tim Dowling, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone: 206– 

231–3667; email: timothy.p.dowling@faa.gov. 

(l) Material Incorporated by Reference

(1) The Director of the Federal Register

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency

(EASA) AD 2023–0094, dated May 8, 2023. 

(ii) [Reserved]

(3) For EASA AD 2023–0094, contact

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

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

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

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

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

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material that is

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

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

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

Issued on October 4, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–22487 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2023–1972; Airspace 

Docket No. 22–AGL–39] 

RIN 2120–AA66 

Modification of Restricted Areas R– 

4201A and R–4201B; Camp Grayling, 

MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify the designated altitudes of 

restricted area R–4201B, Camp Grayling, 

MI, by raising the restricted area ceiling 


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