Airworthiness Directives; Airbus SAS Airplanes
Primary source
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Issuing agencies
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD was prompted by the detection of several channel failures on a newly developed braking and steering control unit (BSCU). This AD requires replacing affected BSCUs and revising the operator's existing FAA- approved minimum equipment list (MEL), as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also limits the installation of affected parts. 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 73 (Friday, April 15, 2022)</title>
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[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Rules and Regulations]
[Pages 22438-22441]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08213]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0389; Project Identifier MCAI-2022-00291-T;
Amendment 39-22003; AD 2022-07-15]
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 A318, A319, A320, and A321 series airplanes. This AD
was prompted by the detection of several channel failures on a newly
developed braking and steering control unit (BSCU). This AD requires
replacing affected BSCUs and revising the operator's existing FAA-
approved minimum equipment list (MEL), as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
This AD also limits the installation of affected parts. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective May 2, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 2, 2022.
The FAA must receive comments on this AD by May 31, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, 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#1554516655707466743b7060677a65743b7060"><span class="__cf_email__" data-cfemail="e1a0a592a184809280cf8494938e9180cf8494">[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 Airbus SAS material IBR 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 <a href="/cdn-cgi/l/email-protection#fd9c9e9e92889389d39c948f8a928f8995d0989c8ebd9c948f9f888ed39e9290"><span class="__cf_email__" data-cfemail="cfaeacaca0baa1bbe1aea6bdb8a0bdbba7e2aaaebc8faea6bdadbabce1aca0a2">[email protected]</span></a>;
internet <a href="https://www.airbus.com">https://www.airbus.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-2022-0389.
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-2022-0389; 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#a3e7c2cd8df1ccc7cacdc2e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="b8fcd9d696ead7dcd1d6d9f8ded9d996dfd7ce">[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-2022-0389; Project Identifier MCAI-
2022-00291-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#c98da8a7e79ba6ada0a7a889afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="6b2f0a054539040f02050a2b0d0a0a450c041d">[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 2022-0032, dated March 3, 2022 (EASA
AD 2022-0032) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -215, -
216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -273N
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes. Model
[[Page 22439]]
A320-215 airplanes are not certificated by the FAA and are not included
on the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability.
This AD was prompted by the detection of several BSCU channel
failures on a newly developed BSCU, having part number (P/N) E21327307.
In the case of a loss of a single channel, the remaining channel will
control aircraft braking. However, in case of dual channel failures, a
loss of anti-skid function together with the reversion to the alternate
braking mode, and the loss of nose wheel steering on these airplanes,
could be induced. The FAA is issuing this AD to address this condition,
which, if not corrected, could lead to loss of braking performance with
significant increase in airplane stopping distance, possibly resulting
in runway excursion. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0032 specifies procedures for replacing BSCUs with P/N
E21327307, on which a fault signature is triggered. EASA AD 2022-0032
also specifies procedures for implementing the instructions of master
minimum equipment list (MMEL) updates on the basis of which the
operator's existing MEL must be amended--that is, procedures for
revising the operator's existing FAA-approved MEL with the provisions
in the MMEL updates specified in the EASA AD. EASA AD 2022-0032 also
limits the installation of affected parts.
Airbus Alert Operators Transmission A32N025-22, Rev 00, dated
February 24, 2022, including Appendixes 1 through 4, dated February 21,
2022, defines BSCU fault signatures that may be triggered on the
airplane, and specifies procedures for replacing affected parts among
other actions.
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
These products have been approved by the aviation authority of
another country and are 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 these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0032 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
EASA AD 2022-0032 requires operators to ``inform all flight crews''
of revisions to the 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. Further, compliance with such a requirement
in an AD would be impracticable to demonstrate or track on an ongoing
basis; therefore, a requirement to operate the airplane in such a
manner would be unenforceable.
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 2022-0032 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2022-0032 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 2022-0032 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
2022-0032. Service information required by EASA AD 2022-0032 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-2022-0389 after this AD is
published.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
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 dual BSCU channel failures can induce loss of anti-skid
function together with the reversion to the alternate braking mode, and
the loss of nose wheel steering, and lead to loss of braking
performance with significant increase in airplane stopping distance,
possibly resulting in runway excursion. 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 1,500 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 22440]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 4.5 work-hours x $85 per $0 Up to $382.50................ Up to $573,750.
hour = $382.50.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the replacement parts specified in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. 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:
2022-07-15 Airbus SAS: Amendment 39-22003; Docket No. FAA-2022-0389;
Project Identifier MCAI-2022-00291-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 2, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus SAS airplanes, certificated in any
category, identified in paragraphs (c)(1) through (4) of this AD.
(1) All Model A318-111, -112, -121, and -122 airplanes.
(2) All Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes.
(3) All Model A320-211, -212, -214, -216, -231, -232, -233, -
251N, -252N, -253N, -271N, -272N, and -273N airplanes.
(4) All Model A321-111, -112, -131, -211, -212, -213, -231, -
232, -251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -
272N, and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by the detection of several channel
failures on a newly developed braking and steering control unit
(BSCU), inducing, in case of dual channel failures, loss of anti-
skid function together with the reversion to the alternate braking
mode, and the loss of nose wheel steering. The FAA is issuing this
AD to address this condition, which could lead to loss of braking
performance with significant increase in airplane stopping distance,
possibly resulting in runway excursion.
(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
2022-0032, dated March 3, 2022 (EASA AD 2022-0032).
(h) Exceptions to EASA AD 2022-0032
(1) Where EASA AD 2022-0032 defines ``the AOT'' as ``Airbus
Alert Operators Transmission (AOT) A32N025-22 [undated],'' this AD
requires using Airbus Alert Operators Transmission A32N025-22, Rev
00, dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022.
(2) Where paragraph (1) of EASA AD 2022-0032 specifies
replacement of affected parts, replace the affected part in
accordance with the ``Remove and replace BSCU P/N E21327307'' step
in paragraph 5.6., ``Instructions,'' of Airbus Alert Operators
Transmission A32N025-22, Rev 00, dated February 24, 2022, including
Appendixes 1 through 4, dated February 21, 2022. No other actions in
Airbus Alert Operators Transmission A32N025-22, Rev 00, dated
February 24, 2022, including Appendixes 1 through 4, dated February
21, 2022, are required for compliance for the replacement.
(3) Where EASA AD 2022-0032 refers to its effective date, this
AD requires using the effective date of this AD.
(4) Where paragraph (2) of EASA AD 2022-0032 requires operators
to ``implement the instructions of the MMEL [master minimum
equipment list] update,'' this AD requires revising the operator's
existing FAA-approved minimum equipment list (MEL) with the
provisions specified in ``The MMEL update'' as identified in EASA AD
2022-0032.
(5) Where paragraph (2) of EASA AD 2022-0032 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.
(6) The ``Remarks'' section of EASA AD 2022-0032 does not apply
to this AD.
(i) No Reporting Requirement
Although Airbus Alert Operators Transmission A32N025-22, Rev 00,
dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022, specifies to report certain information and send
affected parts to the manufacturer, this AD does not include those
actions.
[[Page 22441]]
(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#b1889cf0e7e29cf0f8e39c8682819cf0fcfef2f1d7d0d09fd6dec7"><span class="__cf_email__" data-cfemail="ae9783eff8fd83efe7fc83999d9e83efe3e1edeec8cfcf80c9c1d8">[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.
(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#b4f0d5da9ae6dbd0dddad5f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="d195b0bfff83beb5b8bfb091b7b0b0ffb6bea7">[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 2022-0032,
dated March 3, 2022.
(ii) Airbus Alert Operators Transmission A32N025-22, Rev 00,
dated February 24, 2022, including Appendixes 1 through 4, dated
February 21, 2022.
(3) For EASA AD 2022-0032, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="6a2b2e192a0f0b190b440f1f18051a0b440f1f">[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>. For Airbus
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 <a href="/cdn-cgi/l/email-protection#c8a9ababa7bda6bce6a9a1babfa7babca0e5ada9bb88a9a1baaabdbbe6aba7a5"><span class="__cf_email__" data-cfemail="9ffefcfcf0eaf1ebb1fef6ede8f0edebf7b2fafeecdffef6edfdeaecb1fcf0f2">[email protected]</span></a>; internet <a href="https://www.airbus.com">https://www.airbus.com</a>.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#5432267a3d3a27243137203d3b3a143a3526357a333b22"><span class="__cf_email__" data-cfemail="9bfde9b5f2f5e8ebfef8eff2f4f5dbf5fae9fab5fcf4ed">[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 29, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-08213 Filed 4-13-22; 11:15 am]
BILLING CODE 4910-13-P
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