[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58116-58120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17773]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0009; Project Identifier MCAI-2022-00789-T]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that would have applied to certain Airbus SAS Model A319-115 airplanes; 
Model A320-214, -216, -232, -251N, and -271N airplanes; and Model A321-
211, -231, -251N, -251NX, -252NX, -253N, -253NX, -271N, -271NX, and -
272N airplanes. This action revises the NPRM by adding Model A321-213 
airplanes, which were inadvertently left out of the applicability. The 
FAA is proposing this airworthiness directive (AD) to address the 
unsafe condition on these products. Since these actions would impose an 
additional burden over those in the NPRM, the FAA is requesting 
comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by October 10, 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-2023-0009; or in person at Docket Operations between 9 
a.m. and

[[Page 58117]]

5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains the NPRM, this SNPRM, 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 European Union Aviation Safety Agency (EASA) material 
that is proposed for incorporation by reference (IBR) in this SNPRM, 
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. It is 
also available at regulations.gov under Docket No. FAA-2023-0009.
     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 P. 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-2023-0009; Project Identifier 
MCAI-2022-00789-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this SNPRM.

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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should 
be sent to Timothy P. 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 2020-05-16, Amendment 39-19866 (85 FR 15938, 
March 20, 2020) (AD 2020-05-16) for certain Airbus SAS Model A319-115 
airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and 
Model A321-211, -231, -251N, -251NX, -253N, -271N, -271NX, and -272N 
airplanes. AD 2020-05-16 requires a one-time detailed inspection of 
certain attaching points on the left-hand and right-hand wings for the 
correct installation of certain hardware, and, depending on findings, 
accomplishment of applicable corrective actions. The FAA issued AD 
2020-05-16 to address incomplete installations of the over wing panel 
lug attachments in the production assembly line, which, if not detected 
and corrected, could reduce the structural integrity of the wing.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2020-05-16 that would apply to certain Airbus SAS Model 
A319-115 airplanes; Model A320-214, -216, -232, -251N, and -271N 
airplanes; and Model A321-211, -231, -251N, -251NX, -252NX, -253N, -
253NX, -271N, -271NX, and -272N airplanes. The NPRM published in the 
Federal Register on January 13, 2023 (88 FR 2273). The NPRM was 
prompted by MCAI originated by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA issued AD 2022-0111, 
dated June 15, 2022 (EASA AD 2022-0111) (also referred to as the MCAI) 
to correct an unsafe condition identified as incomplete installations 
of the overwing panel lug attachments. The NPRM proposed to continue to 
require the actions in AD 2020-05-16 and to revise the applicability by 
adding airplanes.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, it was determined that although the 
serial numbers of the affected airplanes appear in Appendix 1 of EASA 
AD 2022-0111, Model A321-213 airplanes were inadvertently left out of 
the applicability of EASA AD 2022-0111. EASA has since revised AD 2022-
0111. EASA AD 2022-0111R1, dated July 26, 2023 (EASA AD 2022-0111R1), 
was issued because some reports highlighted the omission in the 
Applicability of Model A321-213 airplanes, whereas the MSNs relevant to 
this model were correctly listed in Appendix 1 of EASA AD 2022-0111 
(among Group 1 aeroplanes). Consequently, EASA AD 2022-0111R1 includes 
Model A321-213 airplanes in the Applicability. Paragraph (c) of this 
proposed AD was therefore revised to include Model A321-213 airplanes 
to match the applicability of EASA AD 2022-0111R1.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0009.

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (DAL). 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Add Exception To Correct Reference to Required Procedure

    DAL requested that an exception be added to the proposed AD to 
change the structural repair manual (SRM) reference specified in 
paragraphs C.(2)(b)3.a and C.(4)(b)3.a of the Accomplishment 
Instructions of Airbus Service Bulletin A320-57-1234, dated December 
13, 2021, from SRM 51-11-13 to SRM 51-11-00. DAL stated that SRM task 
51-11-13 details the process for damage reporting, while SRM task 51-
11-00 details the process for classifying damage, which is the required 
task.
    The FAA does not agree with the requested change because SRM 51-11-
13 references SRM 51-11-00, which includes the damage assessment 
procedure. This proposed AD has not been changed regarding this 
request.

[[Page 58118]]

Request To Add Exception To Allow Compliance Based on Alternate 
Inspection for Certain Airplanes

    DAL requested that an exception be added to allow compliance to be 
taken for any Group 2 airplanes that have already been inspected using 
Airbus Alert Operators Transmission (AOT) A57N012-19 Rev 01, dated 
April 18, 2019. DAL stated that the inspection specified in Airbus AOT 
A57N012-19 Rev 01, dated April 18, 2019, is identical to the inspection 
specified in Airbus Service Bulletin (SB) A320-57-1234, dated December 
13, 2021.
    The FAA does not agree with this request. If the inspection 
procedure provided in Airbus AOT A57N012-19 Rev 01, dated April 18, 
2019, is the same as the required procedures in the Airbus SB A320-57-
1234, dated December 13, 2021, then accomplishing its procedure would 
be the same as accomplishing procedures of the SB, therefore it meets 
the mandatory action requirements of the AD. This proposed AD has not 
been changed regarding this request.

Request To Add Compliance Time Grace Period for Certain Airplanes

    DAL requested that the proposed AD include a compliance time grace 
period of 6 months for the required actions specified in paragraph (2) 
of EASA AD 2022-0111 because several airplanes will be immediately out 
of compliance on the effective date of the AD. DAL noted that EASA AD 
2022-0111 does not include any grace period for Group 2 airplanes and 
that operators will require a grace period to update their 
documentation and process to show compliance with the FAA AD.
    The FAA agrees with changing the requested grace period to prevent 
grounding of airplanes that have exceeded the maximum flight hours or 
flight cycles. Paragraph (h)(5) of the proposed AD (in the NPRM) 
included a 30-day grace period. However, a 6-month grace period would 
be necessary to prevent the grounding of the airplanes that have 
already exceeded 14,000 flight hours or 7,000 flight cycles, whichever 
occurs first. Paragraph (h)(5) of this proposed AD has been changed to 
specify a 6-month grace period. (Paragraph (2) of EASA AD 2022-0111R1 
does not include a grace period.)

Request To Add a Certain Model to the Applicability

    DAL requested that Airbus SAS Model A321-213 airplanes be added to 
the applicability of the proposed AD because some of the serial numbers 
listed in the appendix of the MCAI are Airbus SAS Model A321-213 
airplanes, although that model does not appear in the Applicability 
section of the MCAI.
    The FAA agrees to add Airbus SAS Model A321-213 airplanes to the 
applicability of this proposed AD. As stated previously, EASA AD 2022-
0111R1 was issued to correct the Applicability to include Model A321-
213 airplanes. Therefore, Airbus SAS Model A321-213 airplanes have been 
added to paragraph (c) of this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0111R1 specifies procedures for a one-time detailed 
inspection of certain attaching points on the left-hand and right-hand 
wings for the correct installation of certain hardware (bolt, nut, 
washer, and cotter pin), and, depending on findings, accomplishment of 
applicable corrective actions. Corrective actions include installing 
missing hardware, properly orienting hardware, and performing a damage 
assessment for cracks and deformed parts in the event of missing 
hardware, and repair. For certain airplanes, EASA AD 2022-0111R1 also 
specifies reporting the inspection results to Airbus. This material is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this SNPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would retain all requirements of AD 2020-05-16. 
This proposed AD would require accomplishing the actions specified in 
EASA AD 2022-0111R1 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0111R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0111R1 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0111R1 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0111R1. Service information required by EASA AD 2022-0111R1 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-0009 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 131 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 58119]]



                                     Estimated Costs for Required Actions *
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170          $22,700
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this proposed 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 up to $11,135, or $85 per product.
    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
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           Labor cost                 Parts cost       Cost per product
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Up to 20 work-hours x $85 per     Up to $77,850.....  Up to $79,550.
 hour = $1,700.
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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 
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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities 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) 2020-05-16, Amendment 39-19866 
(85 FR 15938, March 20, 2020); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2023-0009; Project Identifier MCAI-2022-
00789-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 10, 2023.

(b) Affected ADs

    This AD replaces AD 2020-05-16, Amendment 39-19866 (85 FR 15938, 
March 20, 2020) (AD 2020-05-16).

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2022-0111R1, dated July 26, 2023 (EASA AD 2022-0111R1).
    (1) Model A319-115 airplanes.
    (2) Model A320-214, -216, -232, -251N, and -271N airplanes.
    (3) Model A321-211, -213, -231, -251N, -251NX, -252NX, -253N, -
253NX, -271N, -271NX, and -272N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

 (e) Unsafe Condition

    This AD was prompted by reports of incomplete installations of 
the over wing panel lug attachments in the production

[[Page 58120]]

assembly line and a determination that additional airplanes are 
subject to the unsafe condition. The FAA is issuing this AD to 
address these incomplete installations. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the wing.

(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, EASA AD 2022-0111R1.

(h) Exceptions to EASA AD 2022-0111R1

    (1) Where EASA AD 2022-0111R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0111R1 refers to October 2, 2019 (the 
effective date of EASA AD 2019-0233, dated September 18, 2019), this 
AD requires using April 24, 2022 (the effective date of AD 2020-05-
16).
    (3) Where paragraph (5) of EASA AD 2022-0111R1 specifies to ``or 
contact Airbus for approved instructions, and within the compliance 
time identified therein, accomplish those instructions accordingly'' 
this AD requires replacing those words with ``or contact Airbus for 
approved instructions, and within the compliance time identified 
therein, accomplish those instructions accordingly, except if any 
cracking is detected, the cracking must be repaired before further 
flight 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.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0111R1.
    (5) Where paragraph (2) of EASA AD specifies a compliance time 
of ``before exceeding 14,000 flight hours or 7,000 flight cycles, 
whichever occurs first since aeroplane first flight,'' this AD 
requires replacing those words with ``before exceeding 14,000 flight 
hours or 7,000 flight cycles, whichever occurs first since airplane 
first flight; or within 6 months after the effective date of this 
AD; whichever occurs later.''

(i) No Reporting Requirement for Certain Airplanes

    For Group 1 airplanes, as identified in EASA AD 2022-0111R1, 
this AD does not require reporting.

(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].
    (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) AMOCs approved previously for AD 2020-05-16 are approved as 
AMOCs for the corresponding provisions of EASA AD 2022-0111R1 that 
are required by paragraph (g) 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 EASA; or Airbus SAS's EASA 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 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.

(k) Additional Information

    For more information about this AD, contact Timothy P. Dowling, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3667; email 
[email protected].

(l) 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 2022-0111R1, 
dated July 26, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2022-0111R1, 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 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 August 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17773 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-13-P