70912 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 

1https://www.transportation.gov/individuals/ 

privacy/us-agents-service-individuals-foreignaddresses-who-hold-or-apply. 1 84 FR 5605. 

Background 

On June 12, 2023, the FAA published 

an NPRM titled ‘‘U.S. Agents for Service 

on Individuals with Foreign Addresses 

Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations,’’ 

in the Federal Register (88 FR 38001; 

Notice No. 23–07). Commenters were 

instructed to provide comments on or 

before August 11, 2023 (i.e., 60 days 

from the date of publication of the 

NPRM). 

Since publication, the FAA has 

received one request to extend the 

comment period to provide time to 

review the associated Privacy Impact 

Assessment that was not available at the 

time of publication. The Privacy Impact 

Assessment was completed on August 

23, 2023, and is publicly available on 

the website of the Department of 

Transportation 1 and is available on the 

docket for this rulemaking. 

Reopening of Comment Period 

The FAA partially grants the 

petitioners’ requests for an extension of 

the comment period to comment on the 

Privacy Impact Assessment. Under the 

circumstances, the FAA finds that an 

additional fifteen (15) days will provide 

sufficient opportunity for the public to 

comment. Therefore, the comment 

period for Notice No. 23–07 is reopened 

until October 30, 2023. 

The FAA will not grant any additional 

requests to further extend the comment 

period for this rulemaking. 

Issued under authority provided by 49 

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

Washington, DC. 

Brandon Roberts, 

Executive Director, Office of Rulemaking, 

Federal Aviation Administration. 

[FR Doc. 2023–22635 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No.: FAA–2018–1052; Notice No. 

18–09] 

RIN 2120–AL10 

Foreign Civil Aviation Authority 

Certifying Statements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); withdrawal. 

SUMMARY: The FAA is withdrawing a 

previously published NPRM, 

‘‘Compliance with applicable 

regulations,’’ that proposed excluding 

its applicability to import products that 

have been type certificated outside of 

the United States by a foreign civil 

aviation authority bilateral partner. 

These products are validated by FAA 

consistent with the requirements in the 

rulemaking, ‘‘Issue of type certificate: 

import products.’’ The NPRM proposed 

to eliminate the requirement for 

redundant compliance statements by 

both the foreign civil aviation authority 

and the foreign applicant. 

DATES: As of October 13, 2023, the 

NPRM published on February 22, 2019, 

at 84 FR 5605 is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Steve Flanagan or Stephen Styskal, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone (202) 267–1602; 

email steve.flanagan@faa.gov; or 

telephone (206) 231–3144; email 

stephen.styskal@faa.gov (respectively). 

SUPPLEMENTARY INFORMATION: 

Background 

On February 22, 2019, the FAA 

published an NPRM titled ‘‘Foreign 

Civil Aviation Authority Certifying 

Statements’’ in the Federal Register.1 In 

the NPRM, the FAA proposed to revise 

§ 21.20, which imposes a requirement

on foreign applicants for type

certificates (TC) of import products.

Existing FAA regulations (i.e., § 21.20)

requires all applicants to show

compliance with all applicable

requirements and to provide the FAA

the means by which such compliance

has been shown and to provide a

statement certifying that the applicant

has complied with the applicable

requirements. The NPRM asserted that

these requirements may be duplicative

to the certifying statement that the FAA

already requires from the foreign civil

aviation authority (FCAA) of the

country or jurisdiction with State of

Design responsibility for the design

approval holder of a product. Under the

proposed rule, the FAA would no longer

have required the applicant to show

compliance, provide the means by

which compliance had been shown, or

the accompanying statement of

compliance from the foreign applicant.

The NPRM comment period closed on 

April 23, 2019. The FAA received four 

comments from individual commenters; 

two generally opposed the proposal and 

two are considered outside the scope of 

the proposed rulemaking. 

Withdrawal of the NPRM 

Section 21.20 was originally 

promulgated on October 6, 2009, 

(effective April 14, 2010) as part 21, 

amendment 21–92. The NPRM issued in 

2006 that originally proposed § 21.20 

(the ‘‘2006 NPRM’’) provided 

background on why the FAA was 

seeking to add § 21.20. In the 2006 

NPRM, the FAA stated that adding 

proposed § 21.20(a) would emphasize 

that the applicant is responsible for 

satisfying all applicable requirements by 

requiring an applicant for a TC (or an 

amended or supplemental type 

certificate (STC)) to show compliance 

with all applicable requirements and by 

providing the FAA the means by which 

such compliance has been shown. 

Further, § 21.20(b) requires the 

applicant to provide a statement 

certifying that the applicant has 

complied with the applicable 

requirements. The preamble to the 2006 

NPRM clarified that the statement of 

compliance would be subject to the then 

proposed § 21.2 changes related to 

fraudulent, intentionally false, or 

misleading statements. The 2006 NPRM 

did not recognize differences between 

domestic and foreign TC or STC 

applicants. The FAA has subsequently 

determined that the certifying statement 

by an applicant attesting to its 

compliance to the applicable 

requirements in accordance with 

§ 21.20(b) does not serve the same

purpose as a statement made by the

certifying authority as required by

§ 21.29(a). Requiring the domestic

applicant’s statement in § 21.20 affirms

that the applicant is responsible for

compliance with all applicable

requirements. The certifying statement

from the bilateral partner civil aviation

authority is what the FAA needs to

demonstrate that compliance with

§ 21.29 has been fulfilled. The two

certifying statements serve different 

purposes. 

As the FAA does with domestic 

applicants, the FAA expects that an 

FCAA works extensively with its 

applicants in developing the FCAA’s 

certifying statement. However, § 21.20 is 

intended to expedite the domestic 

applicant’s type certification approval 

process by ensuring that an applicant’s 

submission package is complete prior to 

the FAA making the compliance 

determination. The FAA finds it 

advantageous to retain the current rule 

to expedite certification approval and to 

ensure applicants demonstrate 

compliance according to the 

requirements of § 21.20. The FAA may 

deny, suspend or revoke a certificate if 

the applicant’s statement is fraudulent, 


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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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