[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21117-21120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07397]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0666; Project Identifier MCAI-2022-00555-Q]
RIN 2120-AA64


Airworthiness Directives; Survitec Group Limited (RFD Beaufort 
Ltd.) Life Jackets

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Survitec Group Limited (RFD Beaufort Ltd.) Type 102 Mk 3, 
102 Mk 4, and 105 Mk 1 life jackets. This proposed AD was prompted by a 
report that some life jackets were found packed in the wrong valise 
(container). This proposed AD would require an inspection for a 
discrepancy (mismatch of the valise/container description and life 
jacket type) of life jackets and, if necessary, replacement of the life 
jacket. This proposed AD would also limit the installation of affected 
parts under certain conditions. 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 May 25, 
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-2023-0666; 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 service information identified in this NPRM, contact 
Survitec Group Limited, t/a RFD Beaufort Ltd, Kingsway, Dunmurry, 
Belfast BT17 9AF, United Kingdom; telephone +44 2890 301531; fax +44 
2890 621765; email survitecgroup.com">[email protected]survitecgroup.com; website 
survitecgroup.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.

[[Page 21118]]


FOR FURTHER INFORMATION CONTACT: Kevin Kung, Aerospace Engineer, 
Aviation Safety Section AIR-7B1, Boston ACO Branch, FAA, 1200 District 
Avenue, Burlington, MA 01803; telephone 781-238-7244; 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-2023-0666; Project Identifier 
MCAI-2022-00555-Q'' 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 Kevin 
Kung, Aerospace Engineer, Aviation Safety Section AIR-7B1, Boston ACO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; telephone 781-
238-7244; 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 Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom (U.K.), has issued U.K. CAA AD G-2022-0009, 
dated April 21, 2022 (U.K. CAA AD G-2022-0009) (also referred to after 
this as the MCAI), to correct an unsafe condition on certain Survitec 
Group Limited (RFD Beaufort Ltd.) Type 102 Mk 3, 102 Mk 4, and 105 Mk 1 
life jackets. The MCAI states Type 102 Mk 3 and Type 102 Mk 4 life 
jackets are designed for use by an adult or child. Type 105 Mk 1 life 
jackets are designed for use by an infant. Each is packed in a clear 
polyvinyl chloride (PVC) valise, which is marked ADULT/CHILD, CREW, or 
INFANT. Due to differences in parameters such as neck aperture and 
buoyancy, an infant life jacket cannot be used by an adult or child; 
likewise, an adult/child life jacket cannot be used by an infant. The 
MCAI stated that Survitec has found that some life jackets were packed 
in the wrong valise. This could cause incorrect life jackets to be 
provided for passengers onboard an aircraft.
    The FAA is proposing this AD to address incorrectly labeled life 
jackets, which could, in the event of a water landing or evacuation, 
result in the unavailability of a life jacket with correct flotation, 
and possible drowning.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0666.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Survitec [RFD] Alert Service Bulletin 25-207-A, 
Version 1, dated November 24, 2021. This service information specifies 
procedures for a general visual inspection for a discrepancy (mismatch 
of valise/container description and life jacket type) of affected life 
jackets, reporting of all inspection results to Survitec, and if a 
discrepancy is found, replacement of affected life jackets. (This 
service information is identified throughout as ``Survitec,'' while 
``RFD'' is identified on only the first page of the document. Although 
both ``Survitec'' and ``RFD'' are current company names, the service 
information applies to RFD life jackets.) 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 the 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 require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also limit the installation of affected parts under certain conditions.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 4 life jackets installed on, but not limited to, aircraft 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.
                  Labor cost                              Parts cost                product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............  None...........................             $85             $340
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

[[Page 21119]]



                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85......             $55             $140
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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 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 currently 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 adding the following new airworthiness 
directive:

Survitec Group Limited (RFD Beaufort Ltd): Docket No. FAA-2023-0666; 
Project Identifier MCAI-2022-00555-Q.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 25, 2023.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Survitec Group Limited (RFD Beaufort Ltd.) 
life jackets identified in paragraphs (c)(1) and (2) of this AD, 
having a part number and serial number identified in tables 2 
through 13 of Survitec [RFD] Alert Service Bulletin 25-207-A, 
Version 1, dated November 24, 2021, and a date of manufacture 
between October 1, 2018, and April 30, 2019, inclusive.
    Note 1 to the introductory text of paragraph (c): This alert 
service bulletin is identified throughout as ``Survitec,'' while 
``RFD'' is identified on only the first page of the document. 
Although both ``Survitec'' and ``RFD'' are current company names, 
the alert service bulletin applies to RFD life jackets.
    (1) Type 102 Mk 3 and 102 Mk 4 life jackets, approved under 
European Union Aviation Safety Agency (EASA) Technical Standard 
Order Authorization EASA.21O.799.
    (2) Type 105 Mk 1 life jackets, approved under United Kingdom 
Civil Aviation Authority (U.K. CAA) Aircraft Equipment Approval 
(AEAR) E15841.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that some life jackets were 
found packed in the wrong valise (container). The FAA is issuing 
this AD to address incorrectly labeled life jackets. The unsafe 
condition, if not addressed, and combined with a water landing or 
evacuation, could result in inability to use a life jacket with 
correct flotation and possible drowning.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Within 4 months after the effective date of this AD, do a 
general visual inspection for a discrepancy (mismatch of the valise/
container description and life jacket type) of the life jacket, in 
accordance with paragraphs 2.A. through 2.C. of the Accomplishment 
Instructions of Survitec [RFD] Alert Service Bulletin 25-207-A, 
Version 1, dated November 24, 2021.

(h) Follow-on and Corrective Action

    Before further flight after accomplishing the requirements of 
paragraph (g) of this AD, do the applicable actions required by 
paragraph (h)(1) and (2) of this AD.
    (1) If no discrepancies are found during the inspection required 
by paragraph (g) of this AD, re-identify that part in accordance 
with paragraph 2.D.(1) of the Accomplishment Instructions of 
Survitec [RFD] Alert Service Bulletin 25-207-A, Version 1, dated 
November 24, 2021.
    (2) If any discrepancy is found during the inspection required 
by paragraph (g) of this

[[Page 21120]]

AD, do the actions required by paragraphs (h)(2)(i) and (ii) of this 
AD.
    (i) Record the unserviceable part in accordance with paragraph 
2.E.(1) of the Accomplishment Instructions of Survitec [RFD] Alert 
Service Bulletin 25-207-A, Version 1, dated November 24, 2021.
    (ii) Replace the discrepant part with a new or serviceable part, 
in accordance with paragraph 2.E.(2) of the Accomplishment 
Instructions of Survitec [RFD] Alert Service Bulletin 25-207-A, 
Version 1, dated November 24, 2021.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
life jacket identified in paragraph (c) of this AD on any airplane, 
unless the life jacket and its valise/container have been inspected, 
and re-identified or replaced as applicable, in accordance with the 
requirements of paragraphs (g) and (h) of this AD.

 (j) Reporting Requirement

    At the applicable time specified in paragraph (j)(1) or (2) of 
this AD, submit a report of the inspection results to Survitec, in 
accordance with paragraph 2.F. of the Accomplishment Instructions of 
Survitec [RFD] Alert Service Bulletin 25-207-A, Version 1, dated 
November 24, 2021.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(k) Special Flight Permits

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(l) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Boston ACO 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, Boston ACO 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. 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, Boston ACO 
Branch, FAA; or the United Kingdom Civil Aviation Authority (U.K. 
CAA); or Survitec Group Limited's U.K. CAA's Alternative Procedure 
for Design Organization Approval (ADOA). If approved by the ADOA, 
the approval must include the ADOA-authorized signature.

(m) Additional Information

    (1) Refer to U.K. CAA AD G-2022-0009, dated April 21, 2022, for 
related information. This U.K. CAA AD may be found in the AD docket 
at  regulations.gov under Docket No. FAA-2023-0666.
    (2) For more information about this AD, contact Kevin Kung, 
Aerospace Engineer, Aviation Safety Section AIR-7B1, Boston ACO 
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; telephone 
781-238-7244; email [email protected].

(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) Survitec [RFD] Alert Service Bulletin 25-207-A, Version 1, 
dated November 24, 2021.
    Note 2 to paragraph (n)(2)(i): This alert service bulletin is 
identified throughout as ``Survitec,'' while ``RFD'' is identified 
on only the first page of the document. Although both ``Survitec'' 
and ``RFD'' are current company names, the alert service bulletin 
applies to RFD life jackets.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Survitec Group Limited, Kingsway, Dunmurry, Belfast BT17 9AF, United 
Kingdom; phone: +44 2890 301531, fax: +44 2890 621765; email: 
survitecgroup.com">[email protected]survitecgroup.com; website survitecgroup.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 April 4, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07397 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P


