[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Proposed Rules]
[Pages 44740-44744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14779]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 133 / Thursday, July 13, 2023 /
Proposed Rules
[[Page 44740]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1409; Project Identifier MCAI-2022-01645-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-07-05, which applies to all Airbus SAS Model A318 series
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. AD 2019-07-05 requires repetitive inspections for
cracking of the 10VU rack fitting lugs and repair of any cracking.
Since the FAA issued AD 2019-07-05, it was determined that certain
repetitive inspection intervals need to be revised. This proposed AD
would retain the requirements of AD 2019-07-05, with reduced compliance
times and would remove airplanes having a certain modification from the
applicability. 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 28,
2023.
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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1409; 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.
Material Incorporated by Reference:
For Airbus SAS service information identified in this
NPRM, contact Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email airbus.com">account.airworth-eas@airbus.com;
website airbus.com.
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.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone 206-231-3667; email [email protected].
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-2023-1409; Project Identifier
MCAI-2022-01645-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
the 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
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
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone 206-231-3667; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The FAA issued AD 2019-07-05, Amendment 39-19616 (84 FR 16386,
April 19, 2019; corrected May 10, 2019 (84 FR 20542)) (AD 2019-07-05),
for all Airbus SAS Model A318 series airplanes; Model A319-111, -112, -
113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212,
-214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. AD 2019-07-05 was
prompted by an MCAI originated by the European Union Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Union. EASA issued AD 2018-0131, dated June 19, 2018 (EASA
AD 2018-0131), to correct an unsafe condition.
AD 2019-07-05 requires repetitive inspections for cracking of the
10VU rack fitting lugs, and repair of any cracking. The FAA issued AD
2019-07-
[[Page 44741]]
05 to address reading difficulties of flight-critical information
displayed to the flightcrew during a critical phase of flight, such as
an approach or takeoff, which could result in loss of airplane control
at an altitude insufficient for recovery.
Actions Since AD 2019-07-05 Was Issued
Since the FAA issued AD 2019-07-05, EASA superseded EASA AD 2018-
0131 and issued EASA AD 2022-0266, dated December 22, 2022 (EASA AD
2022-0266) (referred to after this as the MCAI) to correct an unsafe
condition on certain Airbus SAS Model A318 series airplanes; Model
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model
A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231 and -232 airplanes.
Model A320-215 airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
Airplanes on which Airbus modification 157335 has been embodied in
production are not included in the applicability because modification
157335 addresses the unsafe condition. The MCAI states that during an
unscheduled maintenance operation on an A330 airplane, the 10VU rack
was removed for access and cracks were discovered on 10VU rack side
fittings on lugs 1, 3 and 4. As a similar design is installed on A320
family airplanes, a sampling review was done to determine the possible
fleet impact. The result showed that several airplanes had cracked or
broken 10VU rack side fittings. This condition, if not detected and
corrected, could lead to a high vibration level on the primary flight
and navigation displays during critical flight phases (take-off and
landing), possibly creating reading difficulties for the crew.
Since EASA AD 2018-0131 was issued, it was determined that certain
repetitive inspection intervals need to be revised, based on in-service
reports and completed analysis. This proposed AD would retain the
requirements of AD 2019-07-05, with reduced compliance times and
airplanes on which Airbus modification 157335 has been embodied in
production removed from the applicability. The FAA is proposing this AD
to address reading difficulties of flight-critical information
displayed to the flightcrew during a critical phase of flight, such as
an approach or takeoff, which could result in loss of airplane control
at an altitude insufficient for recovery.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1409.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Airbus Service Bulletins A320-92-1087, Revision
04, dated May 16, 2022; and A320-92-1119, Revision 02, dated May 16,
2022. This service information specifies procedures for repetitive
inspections for cracking of the 10VU rack fitting lugs, and repair of
any cracking. These documents are distinct since they apply to
different airplane configurations. 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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information described above. The FAA is issuing this NPRM after
determining that unsafe condition described previously is likely to
exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2019-07-
05. This proposed AD would require accomplishing the actions specified
in the service information described previously. This proposed AD would
also require sending the inspection results to Airbus SAS.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 461 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspections (retained actions from 2 work-hours x $85 per $0 $170 $78,370
AD 2019-07-05). hour = $170.
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The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be $85
per product.
The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the inspection. The FAA
has no way of determining the number of aircraft that might need these
repairs:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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83 work-hours x $85 per hour = $7,055. $9,140 $16,195
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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 current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
[[Page 44742]]
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
The FAA has 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) 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 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
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:
0
a. Removing Airworthiness Directive (AD) 2019-07-05, Amendment 39-19616
(84 FR 16386, April 19, 2019; corrected May 10, 2019 (84 FR 20542));
and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-1409; Project Identifier MCAI-2022-
01645-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 28, 2023.
(b) Affected ADs
This AD replaces AD 2019-07-05, Amendment 39-19616 (84 FR 16386,
April 19, 2019; corrected May 10, 2019 (84 FR 20542)) (AD 2019-07-
05).
(c) Applicability
This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, all manufacturer serial numbers, except those on which
Airbus modification 157335 has been embodied in production.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 92, Electric and
electronic common installation.
(e) Unsafe Condition
This AD was prompted by a report of cracks found during
maintenance inspections on certain 10VU rack fitting lugs, and a
determination that certain compliance times need to be revised. The
FAA is issuing this AD to address reading difficulties of flight-
critical information displayed to the flightcrew during a critical
phase of flight, such as an approach or takeoff, which could result
in loss of airplane control at an altitude insufficient for
recovery.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Definitions, With No Changes
This paragraph restates the definitions of paragraph (g) of AD
2019-07-05, with no changes. For the purpose of this AD, Group 1
airplanes are in a pre-Airbus Modification 35869 configuration, and
Group 2 airplanes are in a post-Airbus Modification 35869
configuration.
(h) Retained Repetitive Inspections, With Reduced Inspection Intervals
and Revised Service Information
This paragraph restates the requirements of paragraph (h) of AD
2019-07-05, with reduced inspection intervals and revised service
information.
(1) For Group 1 airplanes: At the later of the times specified
in Figure 1 to paragraph (h)(1) of this AD, do a detailed inspection
for cracking of the 10VU rack fitting lugs, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-92-1087,
Revision 04, dated May 16, 2022. Repeat the inspection thereafter at
intervals not to exceed 10,000 flight cycles or 20,000 flight hours,
whichever occurs first.
Figure 1 to paragraph (h)(1)--Initial Inspection Compliance Time for
Group 1 Airplanes
[[Page 44743]]
[GRAPHIC] [TIFF OMITTED] TP13JY23.096
(2) For Group 2 airplanes: At the later of the times specified
in Figure 2 to paragraph (h)(2) of this AD, do a detailed inspection
for cracking of the 10VU rack fitting lugs, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-92-1119,
Revision 02, dated May 16, 2022. Repeat the inspection thereafter at
intervals not to exceed 10,000 flight cycles or 20,000 flight hours,
whichever occurs first.
Figure 2 to paragraph (h)(2)--Initial Inspection Compliance Time for
Group 2 Airplanes
[GRAPHIC] [TIFF OMITTED] TP13JY23.097
(i) Retained Repair, With Revised Service Information
This paragraph restates the requirements of paragraph (i) of AD
2019-07-05, with revised service information. If any crack is found
during any inspection required by paragraph (h)(1) or (2) of this
AD: Before further flight, do a repair in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-92-1087,
Revision 04, dated May 16, 2022 (for Group 1 airplanes); or Airbus
Service Bulletin A320-92-1119, Revision 02, dated May 16, 2022 (for
Group 2 airplanes); as applicable. Repair of a 10VU rack fitting lug
does not terminate the repetitive inspections required by paragraphs
(h)(1) and (2) of this AD.
(j) Reporting Requirement
At the applicable time specified in paragraph (j)(1) or (2) of
this AD: Submit a report of findings (positive and negative) of each
inspection required by paragraph (h) of this AD to Airbus Service
Bulletin Reporting Online Application on Airbus World (airbus.com)
or in accordance with B. ``Reporting Sheet'' of the Appendix of
Airbus Service Bulletin A320-92-1087, Revision 04, dated May 16,
2022 (for Group 1 airplanes); or Airbus Service Bulletin A320-92-
1119, Revision 02, dated May 16, 2022 (for Group 2 airplanes); as
applicable.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 90 days after the effective date of
this AD.
(k) Credit for Previous Actions
(1) This paragraph provides credit for actions required by
paragraphs (h)(1) and (i) of this AD, if those actions were
performed before May 24, 2019 (the effective date of AD 2019-07-05),
using Airbus Service Bulletin A320-92-1087, dated March 28, 2011,
which is not incorporated by reference in this AD; or Airbus Service
Bulletin A320-92-1087, Revision 01, dated May 17, 2011, which is not
incorporated by reference in this AD; or Airbus Service Bulletin
A320-92-1087, Revision 02, dated November 25, 2014, which was
incorporated by reference in AD 2016-19-14.
(2) This paragraph provides credit for actions required by
paragraphs (h)(1) and (i) of this AD, if those actions were
performed before the effective date of this AD, using Airbus Service
Bulletin A320-92-1087, Revision 03, dated July 31, 2017, which was
incorporated by reference in AD 2019-07-05.
(3) This paragraph provides credit for actions required by
paragraphs (h)(2) and (i) of this AD, if those actions were
performed before the effective date of this AD, using Airbus Service
Bulletin A320-92-1119, dated July 28, 2017, which was incorporated
by reference in AD 2019-07-05; or Airbus Service Bulletin A320-92-
1119, Revision 01, dated August 5, 2019, which is not incorporated
by reference in this AD.
(4) This paragraph provides credit for the reporting required by
paragraph (j)(2) of this AD, if that action was performed before the
effective date of this AD in accordance with the instructions of
Airbus Service Bulletin A320A-92-1087, Revision 03, dated July 31,
2017 (for Group 1 airplanes); or Airbus Service Bulletin A320-92-
1119, dated July 28, 2017 (for Group 2 airplanes); as applicable;
except where Figure A-FAAAA, Sheet 02, of Appendix 01, ``Inspection
Report,'' of Airbus Service Bulletin A320-92-1087, Revision 03,
dated July 31, 2017; and Figure A-FAAAA, Sheet 02, of Appendix 01,
``Inspection Report,'' of Airbus Service Bulletin A320-92-1119,
dated July 28, 2017; specifies sending removed lugs to Airbus for
investigation, that action is not required by this AD. Airbus
Service Bulletin
[[Page 44744]]
A320A-92-1087, Revision 03, dated July 31, 2017; and Airbus Service
Bulletin A320-92-1119, dated July 28, 2017; were incorporated by
reference in AD 2019-07-05.
(l) Additional AD Provisions
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (m)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) Global AMOC AIR-676-19-305, dated July 29, 2019, approved
as an AMOC for AD 2019-07-05, is approved as an AMOC for the
corresponding provisions of this AD.
(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 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.
(3) Required for Compliance (RC): Except as required by
paragraph (l)(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.
(m) Additional Information
(1) Refer to European Union Aviation Safety Agency (EASA) AD
2022-0266, dated December 22, 2022, for related information. This
EASA AD may be found in the AD docket at regulations.gov under
Docket No. FAA-2023-1409.
(2) For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 206-231-3667; email
[email protected].
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (4) of this AD.
(n) 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) Airbus Service Bulletin A320-92-1087, Revision 04, dated May
16, 2022.
(ii) Airbus Service Bulletin A320-92-1119, Revision 02, dated
May 16, 2022.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email airbus.com">account.airworth-eas@airbus.com; website
airbus.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 7, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14779 Filed 7-12-23; 8:45 am]
BILLING CODE 4910-13-P