Unknown. Final rule; request for comments
5,024 words·~23 min read·
/register/2022/11/08/2022-24307·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2022-11-08.xml --- 87 215 Tuesday, November 8, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Respectful Maternity Care: Dissemination and Implementation of Perinatal Safety Culture To Improve Equitable Maternal Healthcare Delivery and Outcomes, 67478-67480 2022-24384 Agriculture Agriculture Department See Forest Service See National Agricultural Library See National Agricultural Statistics Service Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act:
America's Datahub Consortium, 67491 2022-24258 ASTM International Standards, 67489 2022-24249 Bytecode Alliance Foundation, 67489-67490 2022-24262 Consortium for Execution of Rendezvous and Servicing Operations, 67491 2022-24259 Gap Year Association, 67490 2022-24251 Information Warfare Research Project Consortium, 67493 2022-24260 Integrated Photonics Institute for Manufacturing Innovation Operating Under the Name of the American Institute for Manufacturing Integrated Photonics, 67495 2022-24269 Maritime Sustainment Technology and Innovation Consortium, 67492 2022-24256 Medical CBRN Defense Consortium, 67490 2022-24273 Medical Technology Enterprise Consortium, 67494 2022-24272 MLCommons Association, 67494 2022-24264 National Shipbuilding Research Program, 67492 2022-24265 National Spectrum Consortium, 67494-67495 2022-24274 ODVA, Inc., 67490 2022-24270 OpenJS Foundation, 67495 2022-24271 PXI Systems Alliance, Inc., 67490-67491 2022-24263 Rust Foundation, 67491-67492 2022-24252 Southwest Research Institute:
Cooperative Research Group on Consortium for NASGRO Development and Support, 67492 2022-24267 The Institute of Electrical and Electronics Engineers, Inc., 67493-67495 2022-24254 2022-24255 The National Advanced Mobility Consortium, Inc., 67488-67489 2022-24268 Undersea Technology Innovation Consortium, 67493 2022-24257 Utility Broadband Alliance, Inc., 67488 2022-24253 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 67480-67481 2022-24280 Coast Guard Coast Guard PROPOSED RULES Safety Zones:
Fireworks Display, Columbia River, Richland, WA, 67433-67435 2022-24366 Potomac River, Between Charles County, MD and King George County, VA, 67430-67433 2022-24369 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 67457 2022-24424 2022-24485 Drug Drug Enforcement Administration NOTICES Decision and Order: George M. Douglass, M.D., 67497-67499 2022-24301 Gerald M.
Baltz, N.P., 67499-67500 2022-24303 Nicky Shah, MD, 67496-67497 2022-24299 Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Chattem Chemicals, Inc.; Correction, 67499 2022-24105 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Transition Supports for Youth With Disabilities, 67458 2022-24364 Upward Bound Upward Bound Math Science Annual Performance Report, 67457-67458 2022-24359 Employment and Training Employment and Training Administration NOTICES Federal-State Unemployment Compensation Program:
Certifications for 2022 Under the Federal Unemployment Tax Act, 67501-67502 2022-24319 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: International Energy Agency, 67461-67462 2022-24357 Request for Information: Accelerating Innovations in Emerging Technologies, 67459-67461 2022-24250 Establishment of a Program To Use the Defense Production Act, 67459 2022-24291 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance;
Exemptions, Petitions, Revocations, etc.: Addition of Chitosan (Including Chitosan Salts) to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products, 67364-67371 2022-23682 Pesticide Tolerances: Acetic Acid, 2-Ethylhexyl Ester; Exemption, 67371-67375 2022-23997 Nitric Acid; Exemption, 67375-67379 2022-23978 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 67351-67354, 67359-67363 2022-24298 2022-24307 2022-24308 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.
) Airplanes, 67354-67359 2022-24289 PROPOSED RULES Airworthiness Criteria: Special Class for the Joby Aero, Inc. Model JAS4-1 Powered-Lift, 67399-67413 2022-23962 Federal Communications Federal Communications Commission NOTICES Meetings: Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 67477-67478 2022-24295 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67471-67472 2022-24343 Application:
Brainerd Public Utilities, 67476-67477 2022-24276 Eagle Creek Racine Hydro, LLC, 67473-67474 2022-24275 Ketchikan Public Utilities, 67468-67469 2022-24347 Nature and People First Arizona PHS, LLS, 67467 2022-24279 Petersburg Municipal Power and Light, 67467-67468 2022-24277 Authorization for Continued Project Operation: Mad River Power Associates, 67464 2022-24346 Washington Electric Cooperative, Inc., 67470-67471 2022-24344 Combined Filings, 67462-67467, 67474-67476 2022-24331 2022-24332 2022-24333 2022-24334 Effectiveness of Exempt Wholesale Generator Status:
Kawailoa Solar, LLC, Sunflower Energy Center, LLC, et al., 67464 2022-24336 Environmental Assessments; Availability, etc.: Topsham Hydro Partners, LP, 67469-67470 2022-24345 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Arroyo Energy Storage, LLC, 67474 2022-24329 Arroyo Solar, LLC, 67470 2022-24338 Concurrent, LLC, 67476 2022-24330 Meetings: East Tennessee Natural Gas, LLC; Planned System Alignment Program Project, 67472-67473 2022-24278 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 67478 2022-24372 Federal Trade Federal Trade Commission PROPOSED RULES Trade Regulation Rule on the Use of Reviews and Endorsements, 67424-67430 2022-24139 Unfair or Deceptive Fees Trade Regulation Rule, 67413-67424 2022-24326 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:
Sickle Darter, 67380-67396 2022-23618 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tongass National Forest; Alaska; Mendenhall Glacier Visitor Facility Improvements Project, 67436-67437 2022-24328 Meetings: Southwest Idaho Resource Advisory Committee, 67437-67438 2022-24293 Proposed New Fee Sites, 67436 2022-24363 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonindigenous Aquatic Species Sighting Report Form and Alert Registration Form, 67483-67484 2022-24337 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Maternal, Infant, and Early Childhood Home Visiting Program Home Visiting Budget Assistance Tool, 67481-67482 2022-24375 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Default Status Report, 67482-67483 2022-24314 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, 67484-67485 2022-24312 Requests for Nominations: Bureau of Indian Education Advisory Board for Exceptional Children, 67485-67486 2022-24371 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 67533-67534 2022-24323 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure Statement and Regulation Disclosure Statement, 67534-67535 2022-24356 International Trade Adm International Trade Administration NOTICES Amended Trade Mission Date and Application Deadline to the Clinical Waste Management Mission to Indonesia and Malaysia, 67441 2022-24313 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Paper File Folders From India, 67447-67451 2022-24315 Paper File Folders From the People's Republic of China, India, and the Socialist Republic of Vietnam, 67441-67447 2022-24316 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 67487 2022-24426 2022-24427 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Interim Partial Consent Decree: Clean Water Act, 67500-67501 2022-24327 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Coal Mine Dust Sampling Devices, 67502 2022-24317 Legal Legal Services Corporation NOTICES Funding Availability: Grant Awards for the Delivery of Civil Legal Services to Eligible Low-Income Clients, 67502-67505 2022-24261 National Agricultural National Agricultural Library NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67439-67440 2022-24320 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 67440 2022-24324 Requests for Nominations: Advisory Committee on Agriculture Statistics, 67438-67439 2022-24318 National Indian National Indian Gaming Commission RULES Audit Standards: Correction, 67363-67364 2022-24304 PROPOSED RULES Audit Standards: Correction, 67430 2022-24305 National Institute National Institutes of Health NOTICES Meetings: National Institute on Drug Abuse, 67482 2022-24302 National Oceanic National Oceanic and Atmospheric Administration NOTICES Application:
Marine Mammals; File No. 27033, 67451 2022-24294 Endangered and Threatened Species: Petition To List Great Hammerhead Shark, 67451-67457 2022-24306 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 67486-67487 2022-24374 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Advance Tribal Notification of Certain Radioactive Material Shipments, 67397-67399 2022-24351 NOTICES Licenses; Exemptions, Applications, Amendments etc.:
Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations, etc. and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 67506-67510 2022-22722 Susquehanna Steam Electric Station, Units 1 and 2 and Associated Independent Spent Fuel Storage Installation; Consideration of Approval of Indirect Transfer of Licenses and Conforming Amendments, 67511-67513 2022-24368 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 67523-67524 2022-24248 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 67524-67527 2022-24287 Cboe EDGX Exchange, Inc., 67520-67523 2022-24283 Fixed Income Clearing Corp., 67516-67519 2022-24282 Nasdaq BX, Inc., 67514-67516 2022-24288 NYSE Arca, Inc., 67513-67514 2022-24284 The Depository Trust Co., 67527-67531 2022-24286 Social Social Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 67531-67532 2022-24358 Surface Transportation Surface Transportation Board NOTICES Exemption: Abandonment; Flats Industrial, Inc. d/b/a Flats Industrial Railroad Co., Cleveland, OH, 67532-67533 2022-24365 Release of Waybill Data, 67533 2022-24341 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 67533 2022-24478 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Alternate Signer Certification, 67538 2022-24321 Claim for Compensation and/or Pension, or Survivors Pension and/or Dependency and Indemnity Compensation, 67535 2022-24354 Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program, 67538-67539 2022-24352 Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program, 67536-67538 2022-24349 Meetings: Advisory Committee on Former Prisoners of War, 67535-67536 2022-24281 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 215 Tuesday, November 8, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2022-1247; Project Identifier MCAI-2021-01066-T; Amendment 39-22200; AD 2022-21-01] RIN 2120-AA64 Airworthiness Directives;
Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding Airworthiness Directive
(AD)2021-06-07, which applied to certain Airbus SAS Model A330-200 series and A330-300 series airplanes. AD 2021-06-07 required repetitive detailed inspections of the courier area oxygen system
(CAOS)and replacement of affected parts if necessary. Since the FAA issued AD 2021-06-07, improved flexible oxygen hoses have been developed. This AD continues to require repetitive detailed inspections of the CAOS and replacement of affected parts if necessary. This AD also requires replacing each affected part with an improved serviceable part, which is terminating action for the repetitive inspections. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 23, 2022. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 23, 2022. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of April 20, 2021 (86 FR 17512, April 5, 2021). The FAA must receive comments on this AD by December 23, 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 *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 service information identified in this final rule, contact Elbe Flugzeugwerke GmbH Customer Support, Grenzstraße 1, 01109 Dresden, Germany; phone: +49 351 8839 2749; fax: +49 351 8839 2125; email: *efw.techpub@efw.aero;* website: *elbeflugzeugwerke.com/en/.* You may view this referenced 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. It is also available at *regulations.gov* by searching for and locating Docket No. FAA-2022-1247. Examining the AD Docket You may examine the AD docket at *regulations.gov* by searching for and locating Docket No. FAA-2022-1247; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the mandatory continuing airworthiness information
(MCAI)any comments received, and other information. The street address for the Docket Operations office is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email *9-avs-nyaco-cos@faa.gov.* SUPPLEMENTARY INFORMATION: Background The FAA issued AD 2021-06-07, Amendment 39-21474 (86 FR 17512, April 5, 2021) (AD 2021-06-07), for certain Airbus SAS Model A330-200 series and A330-300 series airplanes. AD 2021-06-07 was prompted by reports of cracked flexible hoses in the CAOS. AD 2021-06-07 required repetitive detailed inspections of the CAOS and replacement of affected parts if necessary. The FAA issued AD 2021-06-07 to address cracked CAOS hoses. This condition, if not addressed, could lead to oxygen leakage in the flexible hoses of the CAOS, which, in combination with in-flight depressurization or smoke evacuation procedure, could result in injury to occupants of the courier area. Actions Since AD 2021-06-07 Was Issued Since the FAA issued AD 2021-06-07, improved flexible oxygen hoses have been developed and EASA and the FAA have determined that replacement of each affected part with a new flexible oxygen hose is necessary to address the unsafe condition. European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021-0173, dated July 21, 2021 (EASA AD 2021-0173) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus SAS Model A330-243, A330-322, and A330-343 airplanes. You may examine the MCAI in the AD docket at *regulations.gov* by searching for and locating Docket No. FAA-2022-1247. This AD was prompted by reports of cracked flexible hoses in the CAOS, and the development of, and the development of improved flexible oxygen hoses. The FAA is issuing this AD to address cracked CAOS hoses. This condition, if not addressed, could lead to oxygen leakage in the flexible hoses of the CAOS, which, in combination with in-flight depressurization or smoke evacuation procedure, could result in injury to occupants of the courier area. See the MCAI for additional background information. Change to the Applicability of AD 2021-06-07 The applicability of AD 2021-06-07 is Airbus SAS Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes that were converted to freighter airplanes in accordance with FAA supplemental type certificate
(STC)ST04038NY and STC ST04045NY. However, the applicability of this AD is limited to Model A330-243, -322, and -343 airplanes having manufacturer serial numbers 0116, 0127, 0231, 0600, 0610, 0709, 0777, and 0781. Due to a design change introduced during passenger-to-freighter conversion, airplanes converted in the future will not be affected by the identified unsafe condition. Related Service Information Under 1 CFR Part 51 Elbe Flugzeugwerke GmbH
(EFW)has issued Service Bulletin EFW-SB-35-0001, Revision 01, dated July 3, 2020; and Service Bulletin EFW-SB-35-0002, Revision 01, dated June 22, 2020. This service information describes procedures for repetitive detailed inspections (including functional tests) of the CAOS to detect any leakage or damage (cracking) in the 32209-series oxygen distribution hoses installed in the courier area and in lavatory A, and replacement. EFW has also issued Service Bulletin EFW-SB-35-0003, dated January 27, 2021; and Service Bulletin EFW-SB-35-0006, dated June 9, 2021. This service information describes procedures for modifying the CAOS by replacing the 32209-series oxygen distribution hoses with improved flexible oxygen hoses. This AD would also require Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, dated March 8, 2019; and Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019, which the Director of the Federal Register approved for incorporation by reference as of April 20, 2021 (86 FR 17512, April 5, 2021). This service information 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, the FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this AD because the FAA evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in the service information described previously. FAA's Justification and Determination of the Effective Date There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the forgoing reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2022-1247; Project Identifier MCAI-2021-01066-T” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule because of those comments. Except for Confidential Business Information
(CBI)as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to *regulations.gov* , including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email *9-avs-nyaco-cos@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. Regulatory Flexibility Act
(RFA)The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance Currently, there are no affected U.S.-registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD: Estimated Costs for Required Actions Action Labor cost Parts cost Cost per product Retained actions from AD 2021-06-07 20 work-hours × $85 per hour = $1,700 $0 $1,700 New actions 7 work-hours × $85 per hour = $595 13,485 14,080 The FAA estimates the following costs to do any necessary on-condition action 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 this on-condition action: Estimated Costs of On-Condition Actions Labor cost Parts cost Cost per product 7 work-hours × $85 per hour = $595 $13,485 $14,080 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 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, and
(2)Will not affect intrastate aviation in Alaska. 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: a. Removing Airworthiness Directive
(AD)2021-06-07, Amendment 39-21474 (86 FR 17512, April 5, 2021); and b. Adding the following new AD: **2022-21-01 Airbus SAS:** Amendment 39-22200; Docket No. FAA-2022-1247; Project Identifier MCAI-2021-01066-T.
(a)Effective Date This airworthiness directive
(AD)is effective November 23, 2022.
(b)Affected ADs This AD replaces AD 2021-06-07, Amendment 39-21474 (86 FR 17512, April 5, 2021) (AD 2021-06-07).
(c)Applicability This AD applies to Airbus SAS Model A330-243, -322, and -343 airplanes, certificated in any category, converted to freighter airplanes in accordance with FAA supplemental type certificate
(STC)ST04038NY and STC ST04045NY, having manufacturer serial numbers 0116, 0127, 0231, 0600, 0610, 0709, 0777, and 0781.
(d)Subject Air Transport Association
(ATA)of America Code 35, Oxygen.
(e)Reason This AD was prompted by reports of cracked flexible hoses in the courier area oxygen system (CAOS), and the development of improved flexible oxygen hoses. The FAA is issuing this AD to address cracked CAOS hoses. This condition, if not addressed, could lead to oxygen leakage in the flexible hoses of the CAOS, which, in combination with in-flight depressurization or smoke evacuation procedure, could result in injury to occupants of the courier area.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Definitions The definitions in paragraphs (g)(1) through
(3)of this AD apply.
(1)An affected part is a 32209-series oxygen flexible hose used in the CAOS, having a part number specified in figure 1 to paragraph (g)(1) of this AD. ER08NO22.001
(2)A serviceable part is an affected part that is new (never previously installed), or that, before further flight after installation into the CAOS, has passed an inspection and functional test (no leakage or damage found) as specified in paragraph
(h)of this AD.
(3)An improved serviceable part is a flexible hose having a part number as specified in figure 1 to paragraph (g)(1) of this AD.
(h)Retained Repetitive Inspections, With Revised Service Information This paragraph restates the requirements of paragraph
(h)of AD 2021-06-07, with revised service information. Within 1,600 flight hours after April 20, 2021 (the effective date of AD 2021-06-07) and thereafter at intervals not to exceed 1,600 flight hours, do a detailed inspection (including functional testing) for leakage or damage of the CAOS and lavatory A oxygen system in accordance with the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, dated March 8, 2019; Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019; Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, Revision 01, dated July 3, 2020; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, Revision 01, dated June 22, 2020; as applicable.
(i)Retained Replacement, With Revised Service Information and a New Replacement Action Option This paragraph restates the requirements of paragraph
(i)of AD 2021-06-07, with revised service information and a new replacement action option. If, during any inspection required by paragraph
(h)of this AD, any leakage or damage ( *i.e.,* cracking) is found: Before further flight, do the actions specified in paragraph (i)(1) or
(2)of this AD:
(1)Replace the affected part with a serviceable part, as defined in paragraph (g)(2) of this AD, in accordance with the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, dated March 8, 2019; Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019; Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, Revision 01, dated July 3, 2020; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, Revision 01, dated June 22, 2020; as applicable.
(2)Replace each affected part with an improved serviceable part, as defined in paragraph (g)(3) of this AD, in accordance with the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0003, dated January 27, 2021; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0006, dated June 9, 2021; as applicable.
(j)New Requirement of This AD: Modification Unless already accomplished as specified in paragraph
(i)of this AD, within 42 months after the effective date of this AD, modify the airplane by replacing each affected part with an improved serviceable part, as defined in paragraph (g)(3) of this AD, in accordance with the Accomplishment Instructions of Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0003, dated January 27, 2021; or Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0006, dated June 9, 2021; as applicable.
(k)Terminating Action
(1)Replacement of an affected part with a serviceable part, as specified in paragraph
(i)of this AD, does not terminate the repetitive inspections required by paragraph
(h)of this AD.
(2)Modification of an airplane by installing improved serviceable parts as required by paragraph
(j)of this AD, or as specified in paragraph
(i)of this AD, as applicable, terminates the repetitive inspections required by paragraph
(h)of this AD for that airplane.
(l)Parts Installation Prohibition After modifying an airplane by replacing each affected part with an improved serviceable part as required by paragraph
(j)of this AD, or as specified in paragraph
(i)of this AD, as applicable, no person may install an affected part on any airplane.
(m)Other FAA 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 (n)(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, Large Aircraft Section, International Validation Branch, FAA; or the European Union Aviation Safety Agency (EASA); or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.
(n)Related Information
(1)Refer to EASA AD 2021-0173, dated July 21, 2021, for related information. This EASA AD may be found in the AD docket at *regulations.gov* by searching for and locating Docket No. FAA-2022-1247.
(2)For more information about this AD, contact Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email *9-avs-nyaco-cos@faa.gov* .
(o)Material Incorporated by Reference
(1)The Director of the Federal Register approved the incorporation by reference
(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.
(3)The following service information was approved for IBR on November 23, 2022.
(i)Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, Revision 01, dated July 3, 2020.
(ii)Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, Revision 01, dated June 22, 2020.
(iii)Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0003, dated January 27, 2021.
(iv)Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0006, dated June 9, 2021.
(4)The following service information was approved for IBR on April 20, 2021 (86 FR 17512, April 5, 2021).
(i)Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0001, dated March 8, 2019.
(ii)Elbe Flugzeugwerke GmbH Service Bulletin EFW-SB-35-0002, dated September 2, 2019.
(5)For service information identified in this AD, contact Elbe Flugzeugwerke GmbH Customer Support, Grenzstraße 1, 01109 Dresden, Germany; phone: +49 351 8839 2749; fax: +49 351 8839 2125; email: *efw.techpub@efw.aero;* website: *elbeflugzeugwerke.com/en/.*
(6)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.
(7)You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email *fr.inspection@nara.gov,* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued on September 26, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022-24307 Filed 11-7-22; 8:45 am]
Connectionstraces to 8
Traces to 8 documents
CFR
U.S. Code
2 references not yet in our index
- 14 CFR 39
- 1 CFR 51
Citation graph
cites case law
Unknown
Final rule; request for comments
Cite14 CFR 39
Cite1 CFR 51
Cites 10Cited by 0 across 0 sources