242 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1994; Project 

Identifier MCAI–2023–00658–T; Amendment 

39–22636; AD 2023–25–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model 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 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 

AD requires replacing affected SLGOCs 

and prohibiting the installation of 

affected SLGOCs, as specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is incorporated by 

reference. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective February 7, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 7, 2024. 

ADDRESSES: 

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 final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For material incorporated by 

reference in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone +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. 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

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

It is also available in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1994. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dowling, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: 206–231– 

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

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Airbus SAS Model: 

• 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, –216, –231, 

–232, –233, –251N, –252N, –253N, 

–271N, –272N, and –273N airplanes; 

• 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, and –642 airplanes. 

The NPRM published in the Federal 

Register on October 13, 2023 (88 FR 

70913). The NPRM was prompted by 

AD 2023–0094, dated May 8, 2023, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union (EASA AD 2023–0094) 

(also referred to as the MCAI). 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. 

In the NPRM, the FAA proposed to 

require replacing affected SLGOCs and 

prohibiting the installation of affected 

SLGOCs, as specified in EASA AD 

2023–0094. The FAA is issuing 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. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received a comment from 

Air Line Pilots Association, 

International (ALPA) who supported the 

NPRM without change. 

Conclusion 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

reviewed the relevant data, considered 

the comment received, and determined 

that air safety requires adopting this AD 

as proposed. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on this product. Except for 

minor editorial changes, this AD is 

adopted as proposed in the NPRM. 

None of the changes will increase the 

economic burden on any operator. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0094 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 the 

ADDRESSES section. 

Costs of Compliance 

The FAA estimates that this AD 

affects 728 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 


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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 243 

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 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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–25–09 Airbus SAS: Amendment 39– 

22636; Docket No. FAA–2023–1994; 

Project Identifier MCAI–2023–00658–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 7, 2024. 

(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 manager of the International Validation 

Branch, mail it to the address 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 paragraphs (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 


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244 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

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 

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; phone: 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; phone +49 221 8999 000; 

email ADs@easa.europa.eu; website 

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

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

(4) You may view this 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 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/ 

ibrlocations.html, or email fr.inspection@

nara.gov. 

Issued on December 14, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28854 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1502; Project 

Identifier MCAI–2023–00380–T; Amendment 

39–22634; AD 2023–25–07] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2023–04– 

10, which applied to all Dassault 

Aviation Model MYSTERE–FALCON 

900 airplanes. AD 2023–04–10 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. This AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This AD 

continues to require the actions in AD 

2023–04–10, and requires 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 incorporated by reference. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD is effective February 7, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 7, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of May 12, 2023 (88 FR 

20743, April 7, 2023). 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1502; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For material incorporated by 

reference in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

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

website easa.europa.eu. You may find 

this material on the EASA website at 

ad.easa.europa.eu 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

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

It is also available in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1502. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone: 206– 

231–3226; email tom.rodriguez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2023–04–10, 

Amendment 39–22357 (88 FR 20743, 

April 7, 2023) (AD 2023–04–10). AD 

2023–04–10 applied to all Dassault 

Aviation Model MYSTERE–FALCON 

900 airplanes. AD 2023–04–10 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. The FAA 

issued AD 2023–04–10 to address 

reduced structural integrity of the 

airplane. AD 2023–04–10 specifies that 

accomplishing the revision required by 

that AD terminates the requirements of 

paragraph (g)(1) of AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010) (AD 2010–26–05) 

for Dassault Aviation Model MYSTERE– 

FALCON 900 airplanes only. This AD 

therefore continues to allow that 

terminating action. 

The NPRM published in the Federal 

Register on July 21, 2023 (88 FR 47086); 

corrected August 14, 2023 (88 FR 

54933). The NPRM was prompted by 

AD 2023–0046, dated March 2, 2023, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union (EASA AD 2023–0046) 

(also referred to as the MCAI). The 

MCAI states that new or more restrictive 

airworthiness limitations have been 

developed. 

In the NPRM, the FAA proposed to 

continue to require the actions in AD 

2023–04–10 and to require revising the 

existing maintenance or inspection 

program, as specified in EASA AD 

2023–0046. The FAA is issuing this AD 

to address reduced structural integrity 

of the airplane. 


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