Airworthiness Directives; Airbus SAS Airplanes
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Issuing agencies
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a report that certain overheat detection system (OHDS) sensing elements may not properly detect thermal bleed leak events due to a quality escape during the manufacturing process. This AD requires revising the operator's existing FAA-approved minimum equipment list (MEL) to include dispatch restrictions as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. This AD also allows operators to inspect affected parts for discrepancies, and do applicable replacements, in order to terminate the revision of the operator's existing MEL required by this AD. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 65 (Tuesday, April 5, 2022)</title>
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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19622-19625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07089]
[[Page 19622]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0383; Project Identifier MCAI-2022-00264-T;
Amendment 39-21998; AD 2022-07-10]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a report that certain overheat detection system (OHDS) sensing elements
may not properly detect thermal bleed leak events due to a quality
escape during the manufacturing process. This AD requires revising the
operator's existing FAA-approved minimum equipment list (MEL) to
include dispatch restrictions as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This AD
also prohibits the installation of affected parts. This AD also allows
operators to inspect affected parts for discrepancies, and do
applicable replacements, in order to terminate the revision of the
operator's existing MEL required by this AD. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD becomes effective April 20, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 20,
2022.
The FAA must receive comments on this AD by May 20, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#9fdedbecdffafeecfeb1faeaedf0effeb1faea"><span class="__cf_email__" data-cfemail="9edfdaeddefbffedffb0fbebecf1eeffb0fbeb">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. For Kidde Aerospace & Defense service
information identified in this final rule, contact Kidde Aerospace &
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896;
telephone: 319-295-5000; internet: <a href="https://kiddetechnologies.com/aviation.com">https://kiddetechnologies.com/aviation.com</a>. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2022-0383.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0383; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3225; email
<a href="/cdn-cgi/l/email-protection#5b3f3a357529343f32353a1b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="46222728683429222f28270620272768212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0383; Project Identifier MCAI-
2022-00264-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#1b7f7a753569747f72757a5b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="83e7e2edadf1ece7eaede2c3e5e2e2ade4ecf5">[email protected]</span></a>. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0031, dated February 25, 2022
(EASA AD 2022-0031) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes.
This AD was prompted by a report that certain OHDS sensing elements
may not properly detect thermal bleed leak events due to a quality
escape during the manufacturing process. The FAA is issuing this AD to
address undetected thermal bleed leak events that might not be isolated
during flight, possibly resulting in localized areas of the wing
structure being exposed to high temperatures and consequent reduced
structural integrity of the airplane. See the MCAI for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0031 specifies procedures for revising the operator's
existing MEL to include dispatch restrictions (which, depending on the
configuration, includes limiting the number of inoperative days for the
[[Page 19623]]
OHDS sensing element or requiring certain checks in order to be
inoperative) for Airbus A350 Master Minimum Equipment List (MMEL) item
36-22-01, ``Air Leak Detection Redundancy.'' EASA AD also specifies
procedures for a detailed inspection of the affected OHDS sensing
elements for discrepancies (i.e., the related electronic centralized
aircraft monitoring (ECAM) alert is not displayed after a heat gun test
is done), and applicable replacements (which is not required by this
AD, as discussed under ``Differences Between this AD and the MCAI).''
EASA AD 2022-0031 also prohibits the installation of affected parts.
Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated January
13, 2022, identifies affected OHDS sensing elements (those having
certain part numbers and corresponding date codes).
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
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously 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 EASA AD
2022-0031 described previously, except for any differences identified
as exceptions in the regulatory text of this AD and except as discussed
under ``Differences Between this AD and the MCAI.''
EASA AD 2022-0031 requires operators to ``inform all flight crews''
of revisions to the operator's existing MMEL, and thereafter to
``operate the aeroplane accordingly.'' However, this AD does not
specifically require those actions as they are already required by FAA
regulations.
FAA regulations (14 CFR 121.628(a)(2)) require operators to provide
pilots with access to all of the information contained in the
operator's existing MEL. Furthermore, 14 CFR 121.628(a)(5) requires
airplanes to be operated under all applicable conditions and
limitations contained in the operator's existing MEL. Therefore,
including a requirement in this AD to operate the airplane according to
the revised MEL would be redundant and unnecessary.
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,
EASA AD 2022-0031 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0031 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2022-0031 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
2022-0031. Service information required by EASA AD 2022-0031 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0383 after this AD is
published.
Differences Between This AD and the MCAI
EASA AD 2022-0031 requires an inspection of affected parts for
discrepancies within 36 months, and replacing discrepant parts.
However, the planned compliance time for the inspection would allow
enough time to provide notice and opportunity for prior public comment
on the merits of the inspection. Therefore, the FAA is considering
further rulemaking to require the inspection and replacement. This AD
does not mandate that inspection, instead making it an optional action
in this AD. Accomplishing the inspection, and applicable replacements,
will constitute terminating action for the revision of the operator's
existing MEL required by this AD. The terminating action is specified
in paragraph (5) of EASA AD 2022-0031.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because undetected thermal bleed leak events that might not be isolated
during flight could result in localized areas of the wing structure
being exposed to high temperatures and consequent reduced structural
integrity of the airplane. The OHDS sensing elements are critical to
continued airworthiness of the airplane because an undetected hot air
leak might lead to permanent damage to the surrounding loaded
structure. Additionally, the revision of the operator's existing MEL
required by this AD must be done within 30 days in order to address the
unsafe condition. Accordingly, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B).
In addition, 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,
for the same reasons the FAA found good cause to forgo notice and
comment.
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
The FAA estimates that this AD affects 29 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 19624]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $0 $85 $2,465
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Estimated Costs for Optional Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105. $0 $1,105
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
optional 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
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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1 work-hours x $85 per hour = $85..... * $0 * $85
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* The FAA has received no definitive data on the parts cost.
According to the parts manufacturer, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.
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, 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
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:
2022-07-10 Airbus SAS: Amendment 39-21998; Docket No. FAA-2022-0383;
Project Identifier MCAI-2022-00264-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 20, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing
process. The FAA is issuing this AD to address undetected thermal
bleed leak events that might not be isolated during flight, possibly
resulting in localized areas of the wing structure being exposed to
high temperatures and consequent reduced structural integrity 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
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).
(h) Exceptions to EASA AD 2022-0031
(1) Where EASA AD 2022-0031 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2022-0031 has a definition for ``Affected
part'' and refers to ``the VSB [vendor service bulletin]'' for the
[[Page 19625]]
part numbers and date codes, for this AD, use Kidde Aerospace &
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the
VSB'' for the part numbers and date codes.
(3) Where EASA AD 2022-0031 has a definition for ``Groups'' and
identifies certain airplanes as Group 2 airplanes, replace the text,
``An aeroplane having an MSN [manufacturer serial number] not listed
in the Section 1.A of the SB is Group 2, provided it is determined
that no affected part has been installed on any affected position of
that aeroplane since Airbus date of manufacture'' with ``An
aeroplane having an MSN not listed in the Section 1.A of Airbus
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2,
provided it is determined that no affected part has been installed
on any affected position of that aeroplane since Airbus date of
manufacture.''
(4) Where paragraphs (2) and (3) of EASA AD 2022-0031 require a
detailed inspection of affected parts and applicable corrective
actions, this AD does not require those actions, but allows
performing those actions as terminating action for the revision of
the operator's existing minimum equipment list (MEL) as specified in
paragraph (5) of EASA AD 2022-0031.
(5) The ``Remarks'' section of EASA AD 2022-0031 does not apply
to this AD.
(6) Where paragraph (1) of EASA 2022 0031 specifies to ``inform
all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
(i) No Reporting Requirement and No Return of Parts
(1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts 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,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9aa3b7dbccc9b7dbd3c8b7ada9aab7dbd7d5d9dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="d1e8fc908782fc909883fce6e2e1fc909c9e9291b7b0b0ffb6bea7">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraphs (i) and (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) Related Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3225; email <a href="/cdn-cgi/l/email-protection#6d090c03431f020904030c2d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="7511141b5b071a111c1b14351314145b121a03">[email protected]</span></a>.
(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 2022-0031,
dated February 25, 2022.
(ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
(3) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#a2e3e6d1e2c7c3d1c38cc7d7d0cdd2c38cc7d7"><span class="__cf_email__" data-cfemail="7c3d380f3c191d0f1d5219090e130c1d521909">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(4) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone: 319-295-5000; internet: <a href="https://kiddetechnologies.com/aviation.com">https://kiddetechnologies.com/aviation.com</a>.
(5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(6) 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
<a href="/cdn-cgi/l/email-protection#5d3b2f7334332e2d383e293432331d333c2f3c733a322b"><span class="__cf_email__" data-cfemail="c6a0b4e8afa8b5b6a3a5b2afa9a886a8a7b4a7e8a1a9b0">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07089 Filed 4-4-22; 8:45 am]
BILLING CODE 4910-13-P
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