Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73545 

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: 

The Boeing Company: Docket No. FAA– 

2023–2003; Project Identifier AD–2022– 

01620–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 11, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 757–200, –200PF, –200CB, and –300 

series airplanes, certificated in any category, 

as identified in Boeing Alert Requirements 

Bulletin 757–25A0319 RB, dated March 24, 

2023. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by reports that 

operators have found, on multiple aircraft, 

frequent and severe damage to the blowout 

vent grills of the aft soft bulkhead lining in 

the lower lobe cargo compartment. The FAA 

is issuing this AD to address damage to the 

blowout vent grills in the forward and aft 

lower lobe cargo compartments that could 

lead to latent failure of the decompression 

panels and pressure equalization valves. This 

latent failure, in combination with a fire, 

could make the cargo fire protection, 

detection, suppression, and containment 

system ineffective. Also, this latent failure, in 

combination with rapid decompression of the 

airplane, could prevent activation of the 

station (STA) 1640 decompression panels, 

which could damage the STA 1640 floor 

beam and cause loss of hydraulic systems 

components and flight control. This unsafe 

condition, if not addressed, could result in 

the inability of the flightcrew to maintain 

safe flight and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified by paragraph (h) of this 

AD: At the applicable times specified in the 

‘‘Compliance’’ paragraph of Boeing Alert 

Requirements Bulletin 757–25A0319 RB, 

dated March 24, 2023, do all applicable 

actions identified in, and in accordance with, 

the Accomplishment Instructions of Boeing 

Alert Requirements Bulletin 757–25A0319 

RB, dated March 24, 2023. 

Note 1 to paragraph (g): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin 757–25A0319, dated March 24, 

2023, which is referred to in Boeing Alert 

Requirements Bulletin 757–25A0319 RB, 

dated March 24, 2023. 

(h) Exceptions to Service Information 

Specifications 

Where the Compliance Time columns of 

the tables in the ‘‘Compliance’’ paragraph of 

Boeing Alert Requirements Bulletin 757– 

25A0319 RB, dated March 24, 2023, use the 

phrase ‘‘the original issue date of 

Requirements Bulletin 757–25A0319 RB,’’ 

this AD requires replacing those words with 

‘‘the effective date of this AD.’’ 

(i) 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 responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the Continued Operational 

Safety Branch, send it to the attention of the 

person identified in paragraph (j)(1) of this 

AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, AIR–520 Continued Operational 

Safety Branch, FAA, to make those findings. 

To be approved, the repair method, 

modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

(1) For more information about this AD, 

contact Katherine Venegas, Aviation Safety 

Engineer, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone: 562–627– 

5353; email: Katherine.Venegas@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (k)(3) and (4) of this AD. 

(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 the AD specifies otherwise. 

(i) Boeing Alert Requirements Bulletin 

757–25A0319 RB, dated March 24, 2023. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; website 

myboeingfleet.com. 

(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 material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locationsoremailfr.inspection@nara.gov. 

Issued on October 19, 2023. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–23521 Filed 10–25–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2004; Project 

Identifier MCAI–2023–00977–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) 

2022–01–07, which applies to certain 

Airbus SAS Model A350–941 and –1041 

airplanes. AD 2022–01–07 requires 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. Since the 

FAA issued AD 2022–01–07, the FAA 

has determined that new or more 

restrictive airworthiness limitations are 

necessary. This proposed AD would 

retain the actions required by AD 2022– 

01–07 and also require revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, 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 December 11, 

2023. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73546 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

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–2023–2004; 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 EASA ADs identified in this

NPRM, 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 

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

regulations.gov under Docket No. FAA– 

2023–2004. 

• You may view this service

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th Street, 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: 562–627–5357; 

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–2023–2004; Project Identifier 

MCAI–2023–00977–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 Dat Le, Aviation 

Safety Engineer, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone: 562–627–5357; email: 

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

the FAA receives that is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA issued AD 2022–01–07, 

Amendment 39–21895 (87 FR 5391, 

February 1, 2022) (AD 2022–01–07), for 

certain Airbus SAS Model A350–941 

and –1041 airplanes. AD 2022–01–07 

was prompted by an MCAI originated by 

EASA, which is the Technical Agent for 

the Member States of the European 

Union. EASA issued AD 2021–0209, 

dated September 15, 2021 (EASA AD 

2021–0209) (which corresponds to FAA 

AD 2022–01–07), to correct an unsafe 

condition. 

AD 2022–01–07 requires revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations. The FAA issued AD 2022– 

01–07 to address the potential of 

ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

Actions Since AD 2022–01–07 Was 

Issued 

Since the FAA issued AD 2022–01– 

07, EASA superseded AD 2021–0209 

and issued EASA AD 2023–0162, dated 

August 17, 2023 (EASA AD 2023–0162) 

(referred to after this as the MCAI), for 

certain Airbus SAS Model A350–941 

and –1041 airplanes. The MCAI states 

that new or more restrictive 

airworthiness limitations have been 

developed. 

Airplanes with an original 

airworthiness certificate or original 

export certificate of airworthiness 

issued after June 1, 2023, must comply 

with the airworthiness limitations 

specified as part of the approved type 

design and referenced on the type 

certificate data sheet; this proposed AD 

therefore does not include those 

airplanes in the applicability. 

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–2023–2004. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed EASA AD 2023– 

0162. This service information specifies 

new or more restrictive airworthiness 

limitations related to fuel tank ignition 

prevention and fuel tank flammability 

reduction. 

This proposed AD would also require 

EASA AD 2021–0209, which the 

Director of the Federal Register 

approved for incorporation by reference 

as of March 8, 2022 (87 FR 5391, 

February 1, 2022). 

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 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 the 

requirements of AD 2022–01–07. This 

proposed AD would require revising the 

existing maintenance or inspection 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73547 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, which are specified in 

EASA AD 2023–0162 described 

previously, as incorporated by 

reference. Any differences with EASA 

AD 2023–0162 are identified as 

exceptions in the regulatory text of this 

AD. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections) and Critical 

Design Configuration Control 

Limitations (CDCCLs). Compliance with 

these actions is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired 

in the areas addressed by this proposed 

AD, the operator may not be able to 

accomplish the actions described in the 

revisions. In this situation, to comply 

with 14 CFR 91.403(c), the operator 

must request approval for an alternative 

method of compliance (AMOC) 

according to paragraph (m)(1) 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 2023–0162 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0162 

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 2023–0162 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 2023–0162. 

Service information required by EASA 

AD 2023–0162 for compliance will be 

available at regulations.gov by searching 

for and locating Docket No. FAA–2023– 

2004 after the FAA final rule is 

published. 

Airworthiness Limitation ADs Using 

the New Process 

The FAA’s process of incorporating 

by reference MCAI ADs as the primary 

source of information for compliance 

with corresponding FAA ADs has been 

limited to certain MCAI ADs (primarily 

those with service bulletins as the 

primary source of information for 

accomplishing the actions required by 

the FAA AD). However, the FAA is now 

expanding the process to include MCAI 

ADs that require a change to 

airworthiness limitation documents, 

such as airworthiness limitation 

sections. 

For these ADs that incorporate by 

reference an MCAI AD that changes 

airworthiness limitations, the FAA 

requirements are unchanged. Operators 

must revise the existing maintenance or 

inspection program, as applicable, to 

incorporate the information specified in 

the new airworthiness limitation 

document. The airworthiness 

limitations must be followed according 

to 14 CFR 91.403(c) and 91.409(e). 

The previous format of the 

airworthiness limitation ADs included a 

paragraph that specified that no 

alternative actions (e.g., inspections), 

intervals, or CDCCLs may be used 

unless the actions, intervals, and 

CDCCLs are approved as an AMOC in 

accordance with the procedures 

specified in the AMOCs paragraph 

under ‘‘Additional AD Provisions.’’ This 

new format includes a ‘‘New Provisions 

for Alternative Actions, Intervals, and 

CDCCLs’’ paragraph that does not 

specifically refer to AMOCs, but 

operators may still request an AMOC to 

use an alternative action or interval. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 31 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new proposed actions to 

be $7,650 (90 work-hours × $85 per 

work-hour). 

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. 

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 

2022–01–07, Amendment 39–21895 (87 

FR 5391, February 1, 2022); and 

■ b. Adding the following new 

Airworthiness Directive: 

Airbus SAS: Docket No. FAA–2023–2004; 

Project Identifier MCAI–2023–00977–T. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73548 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 11, 

2023. 

(b) Affected ADs 

This AD replaces AD 2022–01–07, 

Amendment 39–21895 (87 FR 5391, February 

1, 2022) (AD 2022–01–07). 

(c) Applicability 

This AD applies all Airbus SAS Model 

A350–941 and –1041 airplanes, certificated 

in any category, with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before June 1, 2023. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to address the potential of ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of the Existing 

Maintenance or Inspection Program, With 

AD 2022–01–07, With No Changes 

This paragraph restates the requirements of 

paragraph (g) of AD 2022–01–07, with no 

changes. For airplanes with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before June 30, 2021: 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 2021–0209, dated September 15, 

2021 (EASA AD 2021–0209). Accomplishing 

the revision of the existing maintenance or 

inspection program required by paragraph (j) 

of this AD terminates the requirements of this 

paragraph. 

(h) Retained Exceptions to EASA AD 2021– 

0209, With No Changes 

This paragraph restates the exceptions 

specified in paragraph (h) of AD 2022–01–07, 

with no changes. 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2021– 

0209 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2021–0209 

specifies revising ‘‘the AMP [aircraft 

maintenance program]’’ within 12 months 

after its effective date, but this AD requires 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate the ‘‘limitations, tasks and 

associated thresholds and intervals’’ 

specified in paragraph (3) of EASA AD 2021– 

0209 within 90 days after March 8, 2022 (the 

effective date of AD 2022–01–07). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2021–0209 is at the applicable 

‘‘associated thresholds’’ specified in 

paragraph (3) of EASA AD 2021–0209, or 

within 90 days after March 8, 2022 (the 

effective date of AD 2022–01–07), whichever 

occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2021–0209 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2021–0209 does not apply to this AD. 

(i) Retained Restrictions on Alternative 

Actions, Intervals, and Critical Design 

Configuration Control Limitations (CDCCLs), 

With No Changes 

This paragraph restates the requirements of 

paragraph (i) of AD 2022–01–07, with no 

changes. Except as required by paragraph (j) 

of this AD, after the maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and critical design configuration 

control limitations (CDCCLs) are allowed 

unless they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2021–0209. 

(j) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0162, 

dated August 17, 2023 (EASA AD 2023– 

0162). Accomplishing the revision of the 

existing maintenance or inspection program 

required by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0162 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0162. 

(2) Where paragraph (3) of EASA AD 2023– 

0162 specifies ‘‘Within 12 months after the 

effective date of this AD, revise the AMP,’’ 

this AD requires replacing those words with 

‘‘Within 90 days after the effective date of 

this AD, revise the existing maintenance or 

inspection program, as applicable.’’ 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0162 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0162, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2023–0162. 

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

section of EASA AD 2023–0162. 

(l) New Provisions for Alternative Actions 

and Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2023–0162. 

(m) 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 manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (n) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. 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. 

(n) Additional Information 

For more information about this AD, 

contact Dat Le, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone: 562–627– 

5357; email: dat.v.le@faa.gov. 

(o) 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. 

(3) The following service information was 

approved for IBR on [DATE 35 DAYS AFTER 

PUBLICATION OF THE FINAL RULE]. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0162, dated August 17, 

2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on March 8, 2022 (87 FR 

5391, February 1, 2022). 

(i) European Union Aviation Safety Agency 

(EASA) AD 2021–0209, dated September 15, 

2021. 

(ii) [Reserved] 

(5) For EASA AD 2023–0162 and EASA AD 

2021–0209, 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 EASA AD on the EASA website 

ad.easa.europa.eu. 

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

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73549 

1 42 U.S.C. 13232(a). The law also states: ‘‘In 

formulating the rule, the Federal Trade Commission 

shall give consideration to the problems associated 

with developing and publishing useful and timely 

cost and benefit information, taking into account 

lead time, costs, the frequency of changes in costs 

and benefits that may occur, and other relevant 

factors.’’ 

2 60 FR 26926 (May 19, 1995). 3Section 309.15(b)(1). 

(7) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on October 19, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–23517 Filed 10–25–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 309 

RIN 3084–AB15 

Labeling Requirements for Alternative 

Fuels and Alternative Fueled Vehicles 

AGENCY: Federal Trade Commission. 

ACTION: Regulatory review; request for 

public comment. 

SUMMARY: As part of the Commission’s 

systematic review of all FTC rules and 

guides, the Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) seeks public 

comment on the overall costs, benefits, 

necessity, and regulatory and economic 

impact of its Labeling Requirements for 

Alternative Fuels and Alternative 

Fueled Vehicles (‘‘Alternative Fuels 

Rule’’ or ‘‘Rule’’). 

DATES: Comments must be received on 

or before December 26, 2023. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Regulatory Review for 

Alternative Fuels Rule, Matter No. 

R311002’’ on your comment, and file 

your comment online at https://

www.regulations.gov/, by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Mail 

Stop H–144 (Annex F), Washington, DC 

20580. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome (202–326–2889), 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW, Washington, DC 20580. 

I. Background 

The Energy Policy Act of 1992 

(‘‘EPAct 92’’ or ‘‘Act’’) established 

federal programs to encourage the 

development of alternative fuels and 

alternative fueled vehicles (‘‘AFVs’’). 

Section 406(a) of the Act directs the 

Commission to establish uniform 

labeling requirements for alternative 

fuels and AFVs. Under the Act, such 

labels must provide ‘‘appropriate 

information with respect to costs and 

benefits [of alternative fuels and AFVs], 

so as to reasonably enable the consumer 

to make choices and comparisons.’’ The 

required labels must be ‘‘simple and, 

where appropriate, consolidated with 

other labels providing information to 

the consumer.’’ 1

In response, the Commission 

published the Alternative Fuels Rule in 

1995.2 The Rule requires labels on fuel 

dispensers for non-liquid alternative 

fuels, such as electricity, compressed 

natural gas, and hydrogen. The labels 

for electricity provide the charging 

system’s kilowatt capacity, voltage, and 

other related information. The labels for 

other non-liquid fuels disclose the fuel’s 

commonly used name and principal 

component (expressed as a percentage). 

The Rule also has labeling requirements 

for new alternative fueled vehicles. 

However, the Rule does not contain 

separate label requirements for vehicles 

and, instead, incorporates the 

Environmental Protection Agency’s 

(‘‘EPA’’) fuel economy label rules (40 

CFR part 600). 

II. Regulatory Review of the Alternative 

Fuels Rule 

The Commission systematically 

reviews all its rules and guides to: (1) 

examine their efficacy, costs, and 

benefits; and (2) determine whether to 

retain, modify, or rescind them. The 

Commission completed its most recent 

Rule review a decade ago (78 FR 23832 

(April 23, 2013)). During that review, 

the Commission consolidated the Rule’s 

AFV requirements with fuel economy 

labels required by EPA and eliminated 

labeling requirements for used AFVs. 

With this publication, the Commission 

commences a new review. 

As part of this review, the 

Commission seeks comment on the 

current Alternative Fuels Rule. Among 

other things, commenters should 

address the economic impact of, and the 

continuing need for the Rule; the Rule’s 

benefits to alternative fuel and AFV 

purchasers; and burdens the Rule places 

on firms subject to its requirements. 

Additionally, the Commission seeks 

comment on specific issues related to 

electric vehicle charging stations 

(Section III.) and responses to other 

questions about the Rule (Section IV.). 

III. Specific Questions About Labeling 

for Electric Vehicle Charging Stations 

Given the proliferation of electric 

vehicles (‘‘EVs’’) in the marketplace, the 

Commission specifically seeks comment 

on the Rule’s labeling requirements for 

electric vehicle dispensing systems (i.e., 

EV charging stations) operated by 

retailers for consumers. The current 

Rule requires a label on all such public 

EV charging stations that discloses: (1) 

the commonly used name of the fuel 

(e.g., electricity); (2) the system’s 

kilowatt (‘‘kW’’) capacity; (3) voltage; (4) 

whether the voltage is alternating 

current (‘‘ac’’) or direct current (‘‘dc’’); 

amperage; and (5) whether the system is 

conductive or inductive (e.g., ‘‘9.6 kW; 

240 vac/40 amps; CONDUCTIVE’’). 

Under the current requirements, 

retailers must place the label 

conspicuously on the face of each 

dispenser ‘‘so as to be in full view of 

consumers and as near as reasonably 

practical to the price per unit of the 

non-liquid alternative vehicle fuel.’’ 3

The Commission seeks comment on the 

following questions about the current 

label for public EV charging stations and 

any other issue related to the current 

label. Commenters should provide 

specific information to support their 

responses, including examples, where 

appropriate. 

(1) Does the Rule’s current label for 

EV charging stations help consumers 

make choices and comparisons when 

they are seeking to charge their 

vehicles? Can the label be ‘‘consolidated 

with other labels providing information 

to the consumer?’’ If so, which labels? 

(2) Is there any research about how 

consumers understand or interpret 

information at EV charging stations, 

including the FTC label? Is there 

evidence of consumer confusion related 

to the use of charging stations in the 

market now, including the use of the 

FTC label? 

(3) Should the Commission make any 

changes to the content of the current EV 

charging station label? If so, what 

changes should the Commission make? 

Is there any information on the label 

that is unnecessary? For example, 

should the Rule continue to require a 

disclosure indicating whether the 

station is conductive or inductive? Is 

there any other information not covered 


ddrumheller on DSK120RN23PROD with PROPOSALS1