[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Proposed Rules]
[Pages 24481-24483]
[FR Doc No: 2022-08785]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0429; Airspace Docket No. 21-AAL-40]
RIN 2120-AA66

Proposed Establishment of Area Navigation (RNAV) Route T-719;
Sitka, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish one Canadian Area Navigation
(RNAV) route in the vicinity of Sitka, AK. This action is required in
support of a large and comprehensive RNAV T-route modernization project
for the state of Alaska.

DATES: Comments must be received on or before June 10, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0429; Airspace Docket No. 21-AAL-40 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would expand the availability of RNAV in Alaska and
improve the efficient flow of air traffic within the National Airspace
System (NAS) by lessoning the dependency on ground based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0429; Airspace Docket No. 21-AAL-40) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0429; Airspace Docket No. 21-AAL-40.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    In 2003, Congress enacted the Vision 100--Century of Aviation
Reauthorization Act (Pub. L. 108-176),

which established a joint planning and development office in the FAA to
manage the work related to the Next Generation Air Transportation
System (NextGen). Today, NextGen is an ongoing FAA-led modernization of
the nation's air transportation system to make flying safer, more
efficient, and more predictable.
    In support of NextGen, this proposal is part of a larger and
comprehensive T-route modernization project in the state of Alaska. The
project's mission statement is ``To modernize Alaska's Air Traffic
Service route structure using satellite based navigation. Development
of new T-routes and optimization of existing T-routes will enhance
safety, increase efficiency and access, and will provide enroute
continuity that is not subject to the restrictions associated with
ground based airway navigation.'' As part of this project, the FAA
evaluated the existing Colored airway structure for: (1) Direct
replacement (i.e., overlay) with a T-route that offers a similar or
lower Minimum Enroute Altitude (MEA) or Global Navigation Satellite
System Minimum Enroute Altitude (GNSS MEA); (2) the replacement of the
Colored airway with a T-route in an optimized but similar geographic
area, while retaining similar or lower MEA; or (3) removal with no
route structure (T-route) restored in that area because the value was
determined to be insignificant.
    The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en route navigation structure away from
dependency on Non-Directional Beacons (NDB), and move to develop and
improve the RNAV route structure. The FAA considers this transition as
time sensitive, given the increasing number of NDBs that are currently
and/or scheduled out of service, and the lack of an NDB acquisition,
maintenance, or sustainment program. This forces pilots flying under
Instrument Flight Rules (IFR), with aircraft not equipped with de-icing
protection, to fly at higher than normal MEAs, increasing the risk to
flight safety. The Sitka, AK, NDB is one of the many NDBs scheduled for
decommissioning. The proposal to establish RNAV route, T-719, would
support the decommissioning of the Sitka, AK, NDB. Further, the
proposed route would connect with a planned Canadian extension to their
RNAV route T-719, thereby connecting the Sandspit, Canada (YZP) VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and the
proposed new EEVER waypoint (WP). The Canadian extension will occur
concurrently with the publication of the United States portion of the
proposed RNAV T-route, T-719. Finally, the proposed RNAV route would
overlie and eventually replace directly the Colored airway Amber 1.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish
RNAV route T-719, near Sitka, AK, in support of a large and
comprehensive T-route modernization project in the state of Alaska. The
proposed RNAV route establishment is described below.
    T-719: T-719 is a new RNAV route that would extend between the new
EEVER, AK, WP and the Biorka Island, AK, (BKA) VOR and Tactical Air
Navigational System (VORTAC). The EEVER, AK, WP would replace the CFQBR
computer navigation Fix to be located along the Sandspit, Canada (YZP),
VOR/DME 312[deg] radial and the US/Canada border.
    Canadian Area Navigation Routes are published in paragraph 6013 of
FAA Order JO 7400.11F dated August 10, 2021 and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The RNAV route
listed in this document would be published subsequently in FAA Order JO
7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6013 Canadian Area Navigation Routes.

* * * * *

T-719 EEVER, AK to Biorka Island, AK (BKA)

EEVER, AK                                       WP                             (Lat. 54[deg]35'01.79'' N, long. 133[deg]05'54.23'' W)
Biorka Island, AK (BKA)                         VORTAC                         (Lat. 56[deg]51'33.87'' N, long. 135[deg]33'04.72'' W)

* * * * *

    Issued in Washington, DC, on April 20, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-08785 Filed 4-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86034-86036]
[FR Doc No: 2023-27120]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1881; Project Identifier MCAI-2023-00495-T;
Amendment 39-22609; AD 2023-23-07]
RIN 2120-AA64

Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH)
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. This AD was
prompted by a manufacturer's design review, which identified a
potential risk of the rudder control rod buckling during operation with
one engine inoperative during take-off and landing phases. This AD
requires visually inspecting the rudder control rod, performing a one-
time functional check of the rudder control rod, performing corrective
actions if necessary, and reporting the inspection results, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also limits the installation of
affected parts under certain conditions. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective January 16, 2024.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 16,
2024.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1881; 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 [email protected]; 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<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1881.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

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 Deutsche Aircraft GmbH
(Type Certificate Previously Held by 328Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model
328-100 and 328-300 airplanes. The NPRM published in the Federal
Register on September 14, 2023 (88 FR 63036). The NPRM was prompted by
AD 2023-0065, dated March 20, 2023, issued by EASA, which is the
Technical Agent for the Member States of the European Union (EASA AD
2023-0065) (also referred to as the MCAI). The MCAI states that during
a design review of the rudder control architecture, it was discovered
that the rudder control rod could buckle during operation with one
engine inoperative during take-off and landing phases. This condition,
if not detected and corrected, could result in reduced control of the
airplane.
    In the NPRM, the FAA proposed to require visually inspecting the
rudder control rod, performing a one-time functional check of the
rudder control rod, performing corrective actions if necessary, and
reporting the inspection results, as specified in EASA AD 2023-0065.
The NPRM also proposed to limit the installation of affected parts
under certain conditions. The FAA is issuing this AD to address the
potential failure of a rudder control rod.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1881.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

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 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 2023-0065 specifies procedures for a functional check and
general visual inspection (GVI) of the rudder control rod (measuring
the length of the rudder control rod, inspecting for signs of bending,
ensuring both rudder control rod ends are symmetrically adjusted, and
ensuring the threads of the rod end fully cover both inspection holes).
Depending on the inspection results, EASA AD 2023-0065 also specifies
corrective action, including obtaining and following instructions if
any discrepancy is identified. EASA AD 2023-0065 also requires
reporting the inspection results to Deutsche Aircraft GmbH and limits
the installation of affected parts under certain conditions.
    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.

Interim Action

    The FAA considers that this AD would be an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.

Costs of Compliance

    The FAA estimates that this AD affects 54 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $9,180
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-23-07 Deutsche Aircraft GmbH (Type Certificate Previously Held
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-22609; Docket
No. FAA-2023-1881; Project Identifier MCAI-2023-00495-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 16, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Deutsche Aircraft GmbH (Type Certificate
previously held by 328 Support Services GmbH; AvCraft Aerospace
GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100
and 328-300 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by a manufacturer's design review, which
identified a potential risk of the rudder control rod buckling
during operation with one engine inoperative during take-off and
landing phases. The FAA is issuing this AD to address the potential
failure of a rudder control rod. The unsafe condition, if not
addressed, could result in reduced control 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
2023-0065, dated March 20, 2023 (EASA AD 2023-0065).

(h) Exceptions to EASA AD 2023-0065

    (1) Where EASA AD 2023-0065 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Replace the entire text of paragraph (2) of EASA AD 2023-
0065 with the following text, ``If, during the functional check or
GVI as required by paragraph (1) of this AD, as applicable, the
length of the rudder control rod exceeds the maximum allowable
length specified in the ASB, the rudder control rod is bent, both
rudder control rod ends are not symmetrically adjusted, or both
inspection holes are not fully covered with the threads of the rod
end, repair before further flight using a method approved by the
Manager, International Validation Branch, FAA; or EASA; or Deutsche
Aircraft GmbH's EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized
signature.''
    (3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0065.

(i) 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. 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 Deutsche Aircraft GmbH's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(j) Additional Information

    For more information about this AD, contact Todd Thompson,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0065,
dated March 20, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0065, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website: ad.easa.europa.eu.
    (4) 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<PHONE_NUMBER>.
    (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 [email protected].

    Issued on November 13, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-27120 Filed 12-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Rules and Regulations]
[Pages 15269-15271]
[FR Doc No: 2023-04955]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1300; Project Identifier MCAI-2022-00663-T;
Amendment 39-22318; AD 2023-02-11]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A321-251NX, A321-252NX, A321-253NX, A321-271NX
and A321-272NX airplanes. This AD was prompted by an emergency exit
slide deployment test on an Airbus Cabin Flex (ACF) overwing emergency
exit, the emergency exit slide did not deploy due to disconnected slide
release cable junction. This AD requires a one-time detailed inspection
of the installation of the ACF overwing emergency exit slide release
mechanism for discrepancies, and applicable corrective actions, 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 April 17, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 17,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1300; 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 [email protected]; 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<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1300.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

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 certain Airbus SAS
Model A321-251NX, A321-252NX, A321-253NX, A321-271NX and A321-272NX
airplanes. The NPRM published in the Federal Register on October 21,
2022 (87 FR 63968). The NPRM was prompted by AD 2022-0090, dated May
18, 2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0090) (also referred to as
the MCAI). The MCAI states that during an emergency exit slide
deployment test on an Airbus SAS Model A321neo ACF overwing emergency
exit, the emergency exit slide did not deploy. The investigation
identified that the slide release mechanism cable junction was
disconnected inside the surrounding collets and knurled sleeve nut. The
mushroom head connector was not inserted into the T-slot cable joint.
This condition, if not corrected, could prevent emergency slide
deployment, possibly resulting in injury to occupants during an
emergency evacuation.
    In the NPRM, the FAA proposed to require a one-time detailed
inspection of the installation of the ACF overwing emergency exit slide
release mechanism for discrepancies, and applicable corrective actions,
as specified in EASA AD 2022-0090. 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-2022-1300.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA), which supported the NPRM without change.
    The FAA received additional comments from American Airlines (AA).
The following presents the comments received on the NPRM and the FAA's
responses to each comment.

Request To Revise Compliance Time

    AA requested to double the compliance time for the inspection to 8
months to allow AA to schedule roughly one A321NX aircraft per week
during the compliance period. AA stated that no findings have been made
on the four A321NX airplanes it has inspected. AA added that, in
practice, configuration 2, inspection method 2 takes longer than the 14
man-hours specified in the associated Airbus Alert Operators
Transmission (AOT), due to removal of the overhead stowage compartments
(OHSCs). AA further noted that removal of the OHSCs to accomplish the
inspection and corrective actions within the limited timeframe presents
an undue burden on operations, since the OHSC removal is not a normal
maintenance activity.
    The FAA does not agree to change the compliance time because the
commenter did not provide adequate justification for extension of the
compliance time. Inspection of four airplanes with no findings does not
ensure that unsafe condition is not present on other affected
airplanes. Further, the FAA notes that the work-hours estimate was
based on the data Airbus used when developing the required actions, and
the commenter did not provide an alternative estimate

for the work-hours. EASA, as the State of Design Authority for these
airplanes, performed a risk assessment and determined the compliance
time was appropriate based on the safety implications of the identified
unsafe condition, as well as the practical aspect of completing the
required actions during regular maintenance periods. While removal of
the OHSCs may not be a normal maintenance practice, in this case it is
necessary to perform the inspections and address the identified unsafe
condition. However, the FAA will consider requests for an alternative
method of compliance (AMOC) as specified in paragraph (j)(1) of this AD
if sufficient data are submitted to substantiate that the compliance
time extension would provide an acceptable level of safety. The FAA has
not changed this AD in response to this comment.

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
comments 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 2022-0090 specifies procedures for a one-time detailed
inspection of the installation of the ACF overwing emergency exit slide
release mechanism on both left hand (LH) and right hand (RH) sides of
the fuselage for discrepancies (i.e., a disconnected slide release
cable inside the sleeve nuts and collets (mushroom head not inserted in
T-slot joint) and missing lockwire around the knurled sleeve nut), and
applicable corrective actions. The corrective actions include
connecting the slide release cable and installing lockwire on the
knurled sleeve nut.
    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 65 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190........................            $0 *           $1,190          $77,350
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
            Labor cost                  Parts cost           product
------------------------------------------------------------------------
12 work-hours x $85 per hour =     Negligible..........          $1,020
 $1,020.
------------------------------------------------------------------------

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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-02-11 Airbus SAS: Amendment 39-22318; Docket No. FAA-2022-1300;
Project Identifier MCAI-2022-00663-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A321-251NX, A321-252NX,
A321-253NX, A321-271NX and A321-272NX airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2022-0090, dated May 18, 2022 (EASA AD 2022-0090).

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by an emergency exit slide deployment test
on an Airbus Cabin Flex (ACF) overwing emergency exit, where the
emergency exit slide did not deploy due to a disconnected slide
release cable junction. The FAA is issuing this AD to address the
disconnected slide release cable junction, which could prevent
emergency slide deployment, possibly resulting in injury to
occupants during an emergency evacuation.

(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, EASA AD 2022-0090.

(h) Exceptions to EASA AD 2022-0090

    (1) Where EASA AD 2022-0090 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0090 does not apply
to this AD.
    (3) Where paragraph (2) of EASA AD 2022-0090 specifies
compliance times for corrective actions, for this AD, perform those
corrective actions at the applicable times specified in paragraphs
(h)(3)(i) through (iii) of this AD.
    (i) If missing lockwire around the knurled sleeve nut is found
and the slide release cable inside the sleeve nuts and collets is
connected (mushroom head inserted in T-slot joint): Install lockwire
within 4 months after the effective date of this AD.
    (ii) If a disconnected slide release cable inside the sleeve
nuts and collets (mushroom head not inserted in T-slot joint) is
found and lockwire around the knurled sleeve nut is not missing:
Connect slide release cable before further flight.
    (iii) If a disconnected slide release cable inside the sleeve
nuts and collets (mushroom head not inserted in T-slot joint) is
found and the lockwire around the knurled sleeve nut is missing:
Connect slide release cable and install lockwire before further
flight.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0090
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 International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: [email protected]. 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
paragraph (j)(2) of this AD, if any service information referenced
in EASA AD 2022-0090 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 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 substitutions or changes to instructions identified as RC
require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0090,
dated May 18, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0090, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; 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<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04955 Filed 3-10-23; 8:45 am]
BILLING CODE 4910-13-P