Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 23 

identified in paragraph (j)(1) or (2) of this AD, 

provided the actions were done using MHI RJ 

AMM Revision 70, dated May 25, 2022, or 

Revision 71, dated December 16, 2022. 

(1) MHI RJ Service Bulletin 670BA–25– 

135, dated June 1, 2022. 

(2) MHI RJ Service Bulletin 670BA–25– 

135, Revision A, dated August 30, 2022. 

(k) 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 (l)(2) 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 Transport Canada or MHI RJ 

Aviation ULC’s Transport Canada Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(l) Additional Information 

(1) Refer to Transport Canada AD CF– 

2023–10, dated February 17, 2023, for related 

information. This Transport Canada AD may 

be found in the AD docket at regulations.gov 

under Docket No. FAA–2023–1823. 

(2) For more information about this AD, 

contact Fatin Saumik, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 516– 

228–7300; email: 9-avs-nyaco-cos@faa.gov. 

(3) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

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

(m) 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) MHI RJ Service Bulletin 670BA–25–135, 

Revision B, dated November 25, 2022. 

(ii) [Reserved] 

(3) For MHI RJ Aviation ULC service 

information identified in this AD, contact 

MHI RJ Aviation Group, Customer Response 

Center, 3655 Ave. des Grandes-Tourelles, 

Suite 110, Boisbriand, Que ́bec J7H 0E2 

Canada; North America toll-free telephone 

833–990–7272 or direct-dial telephone 450– 

990–7272; fax 514–855–8501; email thd.crj@

mhirj.com; website mhirj.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-locations or email fr.inspection@nara.gov. 

Issued on December 5, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28801 Filed 12–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1822; Project 

Identifier MCAI–2023–00653–T; Amendment 

39–22624; AD 2023–24–07] 

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 A310 airplanes. This 

AD was prompted by a determination 

that new or more restrictive 

airworthiness limitations are necessary. 

This AD 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 6, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 6, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1822; 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 EASA 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– 

2023–1822. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aviation Safety Engineer, FAA, 

2200 South 216th Street, Des Moines, 

WA 98198; telephone 206–231–3225; 

email dan.rodina@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 A310 

series airplanes. The NPRM published 

in the Federal Register on September 8, 

2023 (88 FR 61990). The NPRM was 

prompted by AD 2023–0092, dated May 

5, 2023, issued by EASA, which is the 

Technical Agent for the Member States 

of the European Union (EASA AD 2023– 

0092) (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 

require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in EASA AD 2023–0092. The 

FAA is issuing this AD to address 

fatigue cracking, damage, or corrosion in 

principal structural elements. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1822. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from 

FedEx who supported the NPRM 

without change. 

Conclusion 

This product has been approved by 

the aviation authority of another 


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24 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 

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 2023–0092 describes new 

or more restrictive airworthiness tasks 

for airplane structures. 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. 

Costs of Compliance 

The FAA estimates that this AD 

affects 1 airplane of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

The FAA has determined that revising 

the existing maintenance or inspection 

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

recognizes that this number may vary 

from operator to operator. In the past, 

the FAA has estimated that this action 

takes 1 work-hour per airplane. 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. Therefore, the FAA estimates 

the total cost per operator 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 

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: 

2023–24–07 Airbus SAS: Amendment 39– 

22624; Docket No. FAA–2023–1822; 

Project Identifier MCAI–2023–00653–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 6, 2024. 

(b) Affected ADs 

This AD affects AD 2019–20–06, 

Amendment 39–19759 (84 FR 55859, October 

18, 2019) (AD 2019–20–06). 

(c) Applicability 

This AD applies to all Airbus SAS Model 

A310–203, –204, –221, –222, –304, –322, 

–324, and –325 airplanes, certificated in any 

category. 

(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 fatigue cracking, damage, 

or corrosion in principal structural elements. 

The unsafe condition, if not addressed, could 

result in reduced structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

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 2023–0092, dated 

May 5, 2023 (EASA AD 2023–0092). 

(h) Exceptions to EASA AD 2023–0092 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0092. 

(2) Paragraph (3) of EASA AD 2023–0092 

specifies revising ‘‘the AMP’’ within 12 

months after its effective date, but this AD 

requires revising the existing maintenance or 

inspection program, as applicable, within 90 

days after the effective date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

2023–0092 is at the applicable ‘‘associated 

thresholds’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2023–0092, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(4) This AD does not adopt the provisions 

specified in the ‘‘Recording AD compliance’’ 

section of EASA AD 2023–0092. 

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

section of EASA AD 2023–0092. 

(i) Provisions for Alternative Actions and 

Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0092. 

(j) Terminating Action for Certain Tasks 

Required by AD 2019–20–06 

Accomplishing the actions required by this 

AD terminates the corresponding 

requirements of AD 2019–20–06 for the tasks 

identified in the service information 

referenced in EASA AD 2023–0092 only. 

(k) 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 


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Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Rules and Regulations 25 

1Notice of Proposed Rulemaking—Carrier 

Automated Tariffs, 87 FR 27971 (May 10, 2022). 

Prior to the publication of the May 2022 proposal, 

the Commission published an Advance Notice of 

Proposed Rulemaking seeking input on how to 

revise its tariff regulations to help address the 

inconsistent manner in which carriers were 

interpreting and applying these regulations. See 

Advance Notice of Proposed Rulemaking 

(ANPRM)—Carrier Automated Tariffs, 86 FR 18240 

(April 8, 2021). 

2 It appears that the benefits of using a tariff 

publisher go beyond simply providing a website for 

publication as tariff publishers advertise expert 

help in complying with Commission regulations 

and cost efficiency from outsourcing for that 

expertise. Thus, the decision to use a tariff 

publisher may include more considerations than 

simply the cheapest way to post tariffs publicly. 

3 Kintetsu does have a public website that appears 

to be maintained and up to date, as there are articles 

from August 2023. See https://www.kwe.com/ (last 

accessed August 16, 2023). 

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 (l) 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 local flight standards district 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. 

(l) Additional Information 

For more information about this AD, 

contact Dan Rodina, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; telephone 206–231– 

3225; email dan.rodina@faa.gov. 

(m) 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 2023–0092, dated May 5, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0092, 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 ad.easa.europa.eu. 

(4) 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. 

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

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28799 Filed 12–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 520 

[Docket No. FMC–2022–0067] 

RIN 3072–AC86 

Carrier Automated Tariffs 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) amends its 

regulations governing Carrier 

Automated Tariffs. The final rule 

removes the option for common carriers 

to charge a fee to access their tariff; 

allow non-vessel-operating common 

carriers (NVOCCs) to cross-reference 

certain aspects of other carriers’ terms in 

their tariffs; clarify the ability for 

NVOCCs to reflect increases in certain 

charges passed-through by other entities 

without notice; revise regulations to 

specify permissible relationships 

between NVOCCs for the co-loading of 

cargo, and makes other miscellaneous 

updates and clarifications to the 

regulation, including removing outdated 

citations. 

DATES: This final rule is effective on 

February 1, 2024. 

ADDRESSES: You may use the Federal 

eRulemaking Portal at 

www.regulations.gov to view 

background documents or comments 

received in Docket No. FMC–2022– 

0067. 

FOR FURTHER INFORMATION CONTACT: 

Amy Strauss, Acting Secretary; Phone: 

(202) 523–5725; Email: secretary@

fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

On May 10, 2022, the Commission 

issued a Notice of Proposed Rulemaking 

(NPRM) seeking comment on proposed 

changes to Commission regulations in 

46 CFR part 520.1 In response to the 

NPRM, the Commission received ten 

sets of comments from interested 

parties: The National Customs Brokers 

and Forwarders Association of America, 

Inc (NCBFAA); New York New Jersey 

Foreign Freight Forwarders & Brokers 

Association, Inc. (NYNJFFF&BA); 

Charles E. Schmidt; Kintetsu World 

Express (U.S.A.), Inc., an NVOCC; Yang 

Ming Marine Transport Corp., a vesseloperating common carrier (VOCC); 

Mohawk Global, an NVOCC; UWL, an 

NVOCC; C.H. Powell, an NVOCC; APL 

Logistics, Ltd., an NVOCC; and Ascent 

Global Logistics, an NVOCC. These 

comments are addressed in the 

discussion that follows. 

A. Tariff Access Fees 

With one exception, commenters that 

addressed the proposed rule requiring 

common carriers to provide free access 

to their tariff systems supported the 

rule. Kintetsu World Express favored 

continuing to allow a fee to be assessed, 

asserting that tariff publishers that 

currently charge an access fee to the 

public will likely attempt to recover lost 

revenue from their common carrier 

customer if they can no longer charge a 

third party for tariff access. Kintetsu at 

2. See also NYNJFF&BA at 2 (noting that 

carriers who use third party providers 

will most likely assess a fee to cover 

cost of access to their service). The 

Commission considered Kintetsu’s 

concern that the proposed rule may lead 

to higher fees from its tariff publisher 

because the tariff publisher can no 

longer charge a third party for access. 

However, the Commission is not 

persuaded by Kintetsu’s concern. 

Carriers have been required to publish 

tariffs for decades. See 46 U.S.C. 40501. 

Some carriers choose to publish these 

tariffs on their own website, and some 

choose to use a tariff publisher—and in 

Kintetsu’s case, it decided that the best 

way to comply with the Commission’s 

requirements was to pay a tariff 

publisher.2 Kintetsu did not provide 

information about what it would cost to 

publish the tariffs on Kintetsu’s own 

website 3 or a comparison of how much 

more Kintetsu would pay a tariff 

publisher if the tariff publisher could 

not charge a fee for access. Further, 

Kintetsu’s concerns were not supported 

by similar concerns from NCBFAA or 

NYNJFFF&BA, entities that represent 

many similar NVOCCs. Based on this 

record, the Commission is not 

persuaded by Kintetsu’s concern and 

maintains its position that it is 

reasonable to not charge a fee for tariff 


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