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 


lotter on DSK11XQN23PROD with PROPOSALS1
70916 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 

from 9,000 feet mean sea level (MSL) to 

23,000 feet MSL to match the ceiling of 

the adjacent restricted area R–4201A, 

Camp Grayling, MI. Additionally, this 

action proposes to make minor 

administrative changes to the R–4201B 

time of designation information and the 

R–4201A and R–4201B using agency 

information to standardize the format of 

the information provided describing 

these restricted areas. 

DATES: Comments must be received on 

or before November 27, 2023. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–1972 

and Airspace Docket No. 22–AGL–39 

using any of the following methods: 

* Federal eRulemaking Portal: Go to

www.regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

* Mail: Send comments to Docket

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

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

Friday, except Federal holidays.

* Fax: Fax comments to Docket

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Comments on environmental and land 

use aspects to should be directed to: 

Major Anthony E. Hylko, Alpena 

Environmental Manager, Alpena 

Combat Readiness Training Center 

(CRTC), Alpena, MI, 49707; email: 

anthony.hylko.2@us.af.mil or telephone: 

(989) 354–6212 (comm).

FAA Order JO 7400.10E, Special Use

Airspace, 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: 

Colby Abbott, 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 restricted area airspace at 

Camp Grayling, MI, to enhance aviation 

safety and accommodate essential U.S. 

Army training requirements. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only one 

time if comments are filed 

electronically, or commenters should 

send only one copy of written 

comments if comments are filed in 

writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address, phone 

number, and hours of operations). An 

informal docket may also be examined 

during normal business hours at the 

office of the Operations Support Group, 

Central Service Center, Federal Aviation 

Administration, 10101 Hillwood 

Parkway, Fort Worth, TX 76177. 

Background 

The Alpena Combat Readiness 

Training Center (CRTC), located in 

Alpena, MI, is a regional hub for the Air 

National Guard (ANG) and hosts 

Department of Defense (DoD) Large 

Force Exercises (LFE) every year; 

serving as a deployed location. 

Activities within the Alpena CRTC 

airspace complex allow combat air 

forces to practice weapon attack 

mechanics, target acquisition, and 

reaction to simulated surface-to-air 

threats while coordinating with friendly 

ground elements. 

The Alpena Airspace Complex was 

originally created to support aircrew 

training during the buildup for World 

War II and has continued as a valuable 

training area for aircrews since. As the 

development of advanced 4th 

generation and current 5th generation 

fighter aircraft progressed, the airspace 

complex was not updated concurrently 

to take advantage of the full spectrum of 

training needs required to meet the 

changing tactics. In particular, the 

development of next generation fighters 

and weapons with advanced sensors 

and significantly greater standoff 

capabilities has created the requirement 

for additional hazardous activities 

maneuver airspace to set up for the 

employment of current weapons 

systems at the Grayling Range restricted 

areas. The DoD seeks to amend Military 

Operations Areas (MOA) and restricted 

areas in the Alpena Airspace Complex 

to address these changing needs. This 

proposed rule addresses the proposed 

changes to 14 CFR part 73 to amend the 

Grayling Range restricted areas. 

The DoD has already initiated 

proposed changes to the Alpena MOAs 

as a part of a separate action. At the 

request of the United States Air Force 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 70917 

1Airspace Study No. 23–AGL–361–NR 

circularized by the Central Service Center 

Operations Support Group on June 16, 2023, with 

a public comment period that ended August 3, 

2023. 

(USAF), the FAA circulated a proposal 

to establish five new MOAs, modify the 

boundaries of three MOAs, and return 

one MOA to the National Airspace 

System (NAS).1 Mission profiles in the 

proposed Alpena MOA airspace 

included typical MOA flight operations 

conducting tactical combat maneuvering 

by attack and transport category fixed 

wing aircraft involving abrupt, 

unpredictable changes in altitude, 

attitude, and direction of flight. The 

FAA accepted comments on the 

proposed MOA amendments from June 

16 to August 3, 2023. These 

amendments do not require the FAA to 

conduct rulemaking or amend 14 CFR 

part 73. Accordingly, the FAA will 

document the MOA amendments in a 

separate non-regulatory publication. 

Collectively, the proposed changes to 

the MOAs and the proposed Grayling 

Range restricted area amendments 

would support DoD training scenarios 

designed to ensure air dominance of the 

airspace over the battlefield. Connecting 

the proposed Grayling Range R–4201A 

and R–4201B restricted areas with the 

proposed Alpena CRTC MOA airspace 

areas would enable the ANG to host and 

DoD to conduct training scenarios 

where fighter aircraft would fight their 

way into a target area, employ ordnance, 

and then egress from either low or high 

altitudes depending on the training 

threats confronted. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 73 by amending the 

Camp Grayling, MI, restricted areas R– 

4201A and R–4201B. This action would 

raise the ceiling of R–4201B from 9,000 

feet MSL to 23,000 feet MSL to match 

the adjacent R–4201A ceiling, add a 

‘‘tie-in’’ boundary point in the R–4201A 

boundaries description to ensure a 

shared R–4201A and R–4201B 

boundary, and make minor 

administrative changes to the existing 

R–4201B time of designation and the R– 

4201A and R–4201B using agency 

information. 

The proposed amendment to raise the 

R–4201B ceiling to 23,000 feet MSL 

would match the restricted area ceiling 

with the adjacent R–4201A ceiling and 

connect the eastern boundaries of the 

two restricted areas equally with two 

new MOAs proposed to be established 

as part of the previously published nonrulemaking proposal to amend the 

Alpena CRTC Airspace Complex. 

Further, the proposed R–4201B 23,000- 

foot MSL ceiling would accommodate 

additional hazardous activity 

maneuvering airspace, longer standoff 

distance capabilities for using advanced 

targeting pod non-eye-safe combat 

lasers, and extended munition release 

distances required in support of current 

USAF precision guided munitions 

tactics and training. The proposed 

amendment to increase the ceiling of R– 

4201B would also support United States 

Army requirements for high-angle 

artillery fires with high-arching 

trajectories. 

The proposed amendment to add an 

additional boundary point to the 

existing southern boundary of R–4201A 

would ensure a shared boundary with 

the northern boundary of R–4201B. The 

inclusion of the additional geographic 

coordinates located at latitude 44°47′00′′ 

N, longitude 84°38′00′′ W in the R– 

4201A description matches the 

geographic coordinates of the northwest 

corner of R–4201B and would not 

change the boundaries alignment for 

either restricted area. 

The proposed administrative change 

to the existing R–4201B time of 

designation would not change when the 

restricted area is available to be 

scheduled. The proposed change would 

simply restate the existing times and 

days when the restricted area may be 

scheduled consistent with the FAA’s 

special use airspace description format 

guidance. Additionally, administrative 

changes to the R–4201A and R–4201B 

using agency information would preface 

the existing using agency with ‘‘U.S. 

Army.’’ These administrative changes 

would not affect the scheduling, use, or 

activities conducted within the 

restricted areas. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed 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 will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 73 as 

follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for 14 CFR 

part 73 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 73.42 Michigan (MI) [Amended] 

■ 2. Amend § 73.42 to read as follows: 

R–4201A Camp Grayling, MI [Amended] 

Boundaries. Beginning at lat. 44°56′00′′ N, 

long. 84°29′00′′ W; to lat. 44°47′00′′ N, long. 

84°29′00′′ W; to lat. 44°47′00′′ N, long. 

84°38′00′′ W; to lat. 44°47′00′′ N, long. 

84°39′00′′ W; to lat. 44°56′00′′ N, long. 

84°39′00′′ W; to the point of beginning. 

Designated altitudes. Surface to 23,000 feet 

MSL. 

Time of designation. 0800–1600 local time, 

Tuesday–Saturday; other times by NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Army, Commander, 

Camp Grayling, Grayling, MI. 

R–4201B Camp Grayling, MI [Amended] 

Boundaries. Beginning at lat. 44°47′00′′ N, 

long. 84°29′00′′ W; to lat. 44°41′00′′ N, long. 

84°29′00′′ W; to lat. 44°41′00′′ N, long. 

84°40′00′′ W; to lat. 44°43′00′′ N, long. 

84°40′00′′ W; to lat. 44°43′00′′ N, long. 

84°38′00′′ W; to lat. 44°47′00′′ N, long. 

84°38′00′′ W; to the point of beginning. 

Designated altitudes. Surface to 23,000 feet 

MSL. 

Time of designation. 0000–2359 local time, 

Saturday–Sunday; other times by NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Army, Commander, 

Camp Grayling, Grayling, MI. 

* * * * * 

Issued in Washington, DC, on October 5, 

2023. 

Karen L. Chiodini, 

Acting Manager, Policy and Regulations 

Group. 

[FR Doc. 2023–22472 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–13–P 


lotter on DSK11XQN23PROD with PROPOSALS1