Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Proposed Rules 41265 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (i) 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 local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

For more information about this AD, 

contact Johann S. Magana, Aerospace 

Engineer, Cabin Safety & Environmental 

Systems Section, Los Angeles ACO Branch, 

Compliance & Airworthiness Division, FAA, 

3960 Paramount Blvd., Lakewood, CA 90712; 

telephone (562) 627–5322; email 

johann.magana@faa.gov. 

Issued on July 5, 2022. 

Christina Underwood, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–14696 Filed 7–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0817; Project 

Identifier MCAI–2022–00369–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 

certain Airbus SAS Model Airbus 

A350–941 and A350–1041 airplanes. 

This proposed AD was prompted by a 

determination that, in the event of rapid 

decompression at a specific location of 

the airplane, possible deflections of the 

passenger floor cross beams may result 

in wiring damages, leading to potential 

system losses. This proposed AD would 

require amending the existing airplane 

flight manual (AFM) to update the 

landing performance database, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference. 

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 August 26, 

2022. 

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 

https://www.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. 

For material that will be incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

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

internet www.easa.europa.eu. You may 

find this material on the EASA website 

at https://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 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0817. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0817; 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. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th Street, Des Moines, WA 98198; 

telephone 206–231–3225; email 

dan.rodina@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–2022–0817; Project Identifier 

MCAI–2022–00369–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 https://

www.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 Dan Rodina, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th Street, 

Des Moines, WA 98198; telephone and 

206–231–3225; email dan.rodina@

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 2022–0054, 

dated March 23, 2022 (EASA AD 2022– 

0054) (also referred to as the MCAI), to 

correct an unsafe condition for certain 

Airbus A350–941 and A350–1041 

airplanes. EASA AD 2022–0054 

supersedes EASA AD 2022–0045, dated 

March 16, 2022 (EASA AD 2022–0045), 

which was issued to correct the unsafe 

condition. However, the revision of the 

AFM referenced in EASA AD 2022– 

0045 did not include the required 

amendments. 


jspears on DSK121TN23PROD with PROPOSALS1
41266 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Proposed Rules 

This proposed AD was prompted by 

a determination that, in the event of 

rapid decompression at a specific 

location of the airplane, possible 

deflections of the passenger floor cross 

beams may result in wiring damages, 

leading to potential system losses. The 

FAA is proposing this AD to address 

this potential unsafe condition, which 

could lead to an increase of the landing 

distance, exceeding the value provided 

in the current in-flight failure data file 

for landing, and potentially resulting in 

a runway excursion. See the MCAI for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2022–0054 describes 

procedures for revising the existing 

Airbus A350 AFM to update the landing 

performance database. 

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. 

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 the 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 require 

accomplishing the actions specified in 

EASA AD 2022–0054 described 

previously, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

EASA AD 2022–0054 requires 

operators to ‘‘inform all flight crews’’ of 

revisions to the AFM, and thereafter to 

‘‘operate the aeroplane accordingly.’’ 

However, this proposed AD would not 

specifically require those actions as 

those actions are already required by 

FAA regulations. FAA regulations 

require operators furnish to pilots any 

changes to the AFM (for example, 14 

CFR 121.137), and to ensure the pilots 

are familiar with the AFM (for example, 

14 CFR 91.505). As with any other flight 

crew training requirement, training on 

the updated AFM content is tracked by 

the operators and recorded in each 

pilot’s training record, which is 

available for the FAA to review. FAA 

regulations also require pilots to follow 

the procedures in the existing AFM 

including all updates. 14 CFR 91.9 

requires that any person operating a 

civil aircraft must comply with the 

operating limitations specified in the 

AFM. Therefore, including a 

requirement in this proposed AD to 

operate the airplane according to the 

revised AFM would be redundant and 

unnecessary. Further, compliance with 

such a requirement in an AD would be 

impracticable to demonstrate or track on 

an ongoing basis; therefore, a 

requirement to operate the airplane in 

such a manner would be unenforceable. 

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 2022–0054 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2022–0054 

in its entirety 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 2022–0054 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 2022–0054. 

Service information required by EASA 

AD 2022–0054 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0817 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this proposed 

AD would affect 30 airplanes of U.S. 

registry. The FAA estimates the 

following costs to comply with this 

proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $2,550 

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 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Proposed Rules 41267 

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 adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2022–0817; 

Project Identifier MCAI–2022–00369–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by August 26, 

2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus SAS Model 

A350–941 and A350–1041 airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that, in the event of rapid decompression at 

a specific location of the airplane, possible 

deflections of the passenger floor crossbeams 

may result in wiring damages, leading to 

potential system losses. The FAA is issuing 

this AD to address this unsafe condition, 

which could lead to an increase of the 

landing distance, exceeding the value 

provided in the current in-flight failure data 

file for landing, and potentially resulting in 

a runway excursion. 

(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 2022–0054, dated 

March 23, 2022 (EASA AD 2022–0054). 

(h) Exceptions to EASA AD 2022–0054 

(1) Where EASA AD 2022–0054 refers to 

March 30, 2022 (the effective date of EASA 

AD 2022–0045, dated March 16, 2022), this 

AD requires using the effective date of this 

AD. 

(2) Where EASA AD 2022–0054 specifies 

to ‘‘inform all flight crews, and thereafter, 

operate the aeroplane accordingly’’ this AD 

does not require those actions as those 

actions are already required by existing FAA 

operating regulations. 

(3) Where the ‘‘AFM Amendment’’ 

paragraph of EASA AD 2022–0054 specifies 

implementing an AFM [airplane flight 

manual] revision, for this AD, replace the text 

’’implement the AFM revision, as defined in 

this [EASA] AD’’ with ‘‘revise the existing 

AFM to incorporate the aircraft performance 

database specified in the AFM revision, as 

defined in this [EASA] AD.’’ 

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

2022–0054 does not apply to this AD. 

(i) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, 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 Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (j)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-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, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (i)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are 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 procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(j) Related Information 

(1) For EASA AD 2022–0054, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

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

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

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. This 

material may be found in the AD docket at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2022–0817. 

(2) For more information about this AD, 

contact Dan Rodina, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

Street, Des Moines, WA 98198; telephone 

206–231–3225; email dan.rodina@faa.gov. 

Issued on July 5, 2022. 

Christina Underwood, 

Acting Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–14691 Filed 7–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No. PTO–P–2022–0008] 

RIN 0651–AD60 

Standardization of the Patent Term 

Adjustment Statement Regarding 

Information Disclosure Statements 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO or Office) 

proposes to revise the rules of practice 

pertaining to patent term adjustment to 

require that the patent term adjustment 

statement regarding information 

disclosure statements be submitted on 

an Office form. Use of the Office form 

will streamline certain aspects of 

prosecution by more accurately 

capturing and accounting for the patent 

term adjustment without unnecessary 

back-and-forth between the USPTO and 

applicant. It will also save resources by 

eliminating the need for a manual 

review of the patent term adjustment 

statement. 

DATES: Comments must be received by 

September 12, 2022 to ensure 

consideration. 

ADDRESSES: For reasons of government 

efficiency, comments must be submitted 

through the Federal eRulemaking Portal 

at www.regulations.gov. To submit 

comments via the portal, enter docket 

number PTO–P–2022–0008 on the 


jspears on DSK121TN23PROD with PROPOSALS1