Unknown. Final rule; request for comments

5,116 words·~23 min read·/register/2022/12/02/2022-26206·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-12-02.xml --- 87 231 Friday, December 2, 2022 Contents Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74149-74152 2022-26305 2022-26306 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Congressionally Directed Community Projects—Universal Project Description, 74153 2022-26304 Human Trafficking Youth Prevention Education Demonstration Grant Program Process Evaluation, 74152-74153 2022-26224 Allotment Percentages to States for Child Welfare Services State Grants, 74154 2022-26272 Civil Rights Civil Rights Commission NOTICES Meetings:

Arizona Advisory Committee, 74124 2022-26295 Florida Advisory Committee, 74125 2022-26297 Georgia Advisory Committee, 74126 2022-26290 Iowa Advisory Committee, 74123 2022-26293 Kentucky Advisory Committee, 74124-74125 2022-26300 North Carolina Advisory Committee, 74125-74126 2022-26288 West Virginia Advisory Committee, 74123-74124 2022-26289 Coast Guard Coast Guard RULES Safety Zones Gulf Intracoastal Waterway, Lake Charles, LA, 73938-73940 2022-26298 Safety Zones: Sausalito Lighted Boat Parade Fireworks Display, Richardson Bay, Sausalito, CA, 73937-73938 2022-26257 NOTICES Infrastructure Investment and Jobs Act:

Recreational Boating Safety Projects, Programs, and Activities, 74156-74157 2022-26212 Requests for Applications: Area Maritime Security Advisory Committee for New Orleans, LA, 74155 2022-26225 National Merchant Marine Personnel Advisory Committee; Vacancy, 74155-74156 2022-26223 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Royalty Board Copyright Royalty Board RULES Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License, 73940-73941 2022-26229 Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 73941 2022-26226 Defense Department Defense Department NOTICES Meetings:

Reserve Forces Policy Board, 74134-74135 2022-26256 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Marihuana: Alm Management, 74175-74176 2022-26208 Marihuana: Attitude Wellness, 74176-74177 2022-26207 Order: Established Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2023, 74168-74175 2022-26351 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fiscal Operations Report for 2022-2023 and Application to Participate 2024-2025 and Reallocation Form, 74135-74136 2022-26222 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Test Procedure for Dedicated-Purpose Pool Pumps, 74023-74048 2022-24201 NOTICES Energy Efficiency and Conservation Block Grant Program: Future Release for the Administrative and Legal Requirements Document and Application Instructions for Formula Funding, 74136-74137 2022-26279 Meetings:

Appliance Standards and Rulemaking Federal Advisory Committee; Commercial Unitary Air Conditioner and Commercial Unitary Heat Pump Working Group, 74137-74138 2022-26239 Environmental Protection Environmental Protection Agency RULES National Pollutant Discharge Elimination System Small Municipal Separate Storm Sewer Systems Urbanized Area Clarification, 73965-73971 2022-26228 Renewable Fuel Standard Program: Canola Oil Pathways to Renewable Diesel, Jet Fuel, Naphtha, Liquefied Petroleum Gas, and Heating Oil, 73956-73965 2022-26250 Significant New Use Rules on Certain Chemical Substances (21-1.5e), 73941-73955 2022-25807 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Colorado; Revisions to Regulation Number 7 and Reasonably Available Control Technology Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 74060-74066 2022-26291 National Pollutant Discharge Elimination System Small Municipal Separate Storm Sewer Systems Urbanized Area Clarification, 74066-74072 2022-26227 Pesticides; Agricultural Worker Protection Standard; Reconsideration of the Application Exclusion Zone Amendments, 74072 2022-26296 Significant New Use Rules on Certain Chemical Substances (22-1.5e), 74072-74096 2022-26252 NOTICES Environmental Impact Statements;

Availability, etc., 74143 2022-26278 Meetings: Clean Air Act Advisory Committee, 74143-74144 2022-26259 IRIS Assessment Plan and Protocol for Assessing Cancer Risk from Inhalation Exposure to Cobalt and Cobalt Compounds; Postponement, 74146 2022-26238 Pesticide Emergency Exemptions: Agency Decisions and State and Federal Agency Crisis Declarations, 74144-74146 2022-26249 United States Department of Justice and Parties to Certain Litigation; Transfer of Data, 74144 2022-26251 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings:

Board of Directors, 74146 2022-26210 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Atqasuk, AK, 73933-73934 2022-26164 Bettles, AK, 73929-73930 2022-26162 Fort Belvoir, VA, 73926-73927 2022-26150 Fort Yukon, AK, 73927-73928 2022-26163 Level Island, AK, 73930-73932 2022-26166 2022-26169 Northway, AK, 73936-73937 2022-26167 Oneonta, NY, 73925-73926 2022-26148 Point Lay, AK, 73928-73929 2022-26165 Shishmaref, AK, 73934-73935 2022-26168 Vicinity of Clear, AK;

Correction, 73935-73936 2022-26171 Airworthiness Directives: Airbus Helicopters, 73914-73916, 73921-73924 2022-26175 2022-26219 Airbus Helicopters Deutschland GmbH

(AHD)(Type Certificates previously held by Messerschmitt-Bolkow-Blohm (MBB), and Eurocopter Deutschland GmbH (ECD)) Helicopters, 73916-73919 2022-26253 MarS A.S. Parachutes, 73911-73914 2022-26206 Rolls-Royce Deutschland Ltd and Co KG (Type Certificate previously held by Rolls-Royce plc) Turbofan Engines, 73919-73921 2022-26274 PROPOSED RULES Airspace Designations and Reporting Points: Alton/St. Louis, IL, 74053-74055 2022-26247 Austin, MN, 74050-74052 2022-26145 Minocqua-Woodruff, WI, 74049-74050 2022-26146 San Saba, TX, 74052-74053 2022-26180 Smithville, TX, 74055-74056 2022-26181 Williams, AZ, 74048-74049 2022-26141 NOTICES Request to Release Airport Land: Toccoa-Stephens County Airport, 74207 2022-26215 Federal Communications Federal Communications Commission PROPOSED RULES Petition for Clarification and Partial Reconsideration, 74102 2022-26294 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74147-74148 2022-26299 Privacy Act; Matching Program, 74146-74147 2022-26292 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Individual Assistance Customer Satisfaction Surveys, 74161-74162 2022-26281 Federal Energy Federal Energy Regulatory Commission NOTICES Application: ANR Pipeline Co., 74138-74140 2022-26267 Portland General Electric Co., 74140-74141 2022-26268 Combined Filings, 74138, 74141-74142 2022-26262 2022-26263 Meetings: North American Electric Reliability Corp. Reliability and Security Technical Committee; Staff Attendance, 74138 2022-26264 Request under Blanket Authorization and Establishing Intervention and Protest Deadline: Columbia Gas Transmission, LLC, 74142-74143 2022-26266 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 74148 2022-26214 Federal Trade Federal Trade Commission PROPOSED RULES Petition for Rulemaking: Center for Digital Democracy, Fairplay, et al., 74056-74057 2022-26254 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cash Management Improvement Act Annual Report and Direct Cost Claims, 74212 2022-26220 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Endangered Species Status for the Dixie Valley Toad, 73971-73994 2022-26237 Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment, 73971 C1-2022-25214 Reclassification of Eugenia woodburyana from Endangered to Threatened with a Section 4(d) Rule, 73994-74013 2022-25706 NOTICES Permits; Applications, Issuances, etc.: Marine Mammal Protection Act, 74162-74163 2022-26265 Privacy Act; Systems of Records, 74163-74164 2022-26311 Food and Drug Food and Drug Administration NOTICES Statement of Organization, Functions, and Delegations of Authority, 74154 2022-26280 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mission-Support Customer Satisfaction Survey, 74148-74149 2022-26286 Geological Geological Survey NOTICES Request for Nominations: Advisory Council for Climate Adaptation Science Establishment, 74164-74165 2022-26205 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health PROPOSED RULES Confidentiality of Substance Use Disorder Patient Records, 74216-74287 2022-25784 Request for Information: Essential Health Benefits, 74097-74102 2022-26282 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Helping Expedite and Advance Responsible Tribal Homeownership Act: Approval of Pawnee Nation of Oklahoma Leasing Ordinance, 74165-74166 2022-26211 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service RULES Affordability of Employer Coverage for Family Members of Employees: Correction, 73937 2022-25429 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74212-74213 2022-26258 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Tax and Registration Return for Wagering, 74213 2022-26310 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Freight Rail Couplers and Parts Thereof from the People's Republic of China, 74128 2022-26242 Scope Ruling Applications Filing, 74128-74130 2022-26243 Stainless Steel Sheet and Strip in Coils from Japan, the Republic of Korea, and Taiwan, 74133-74134 2022-26241 Stainless Steel Sheet and Strip in Coils from the Republic of Korea, 74130-74132 2022-26244 Strontium Chromate from Austria, 74126-74128 2022-26245 Export Trade Certificate of Review, 74132-74133 2022-26217 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Hot-Rolled Steel from Australia, Brazil, Japan, Netherlands, Russia, South Korea, Turkey, and the United Kingdom, 74167 2022-26269 Paper File Folders from China, India, and Vietnam, 74167-74168 2022-26218 Meetings; Sunshine Act, 74167 2022-26352 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Applications for the Attorney Student Loan Repayment Program, 74177 2022-26261 Land Land Management Bureau NOTICES Plats of Survey: Utah, 74166-74167 2022-26313 Library Library of Congress See Copyright Royalty Board National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Cooper Tire and Rubber Co.; Approval, 74208-74209 2022-26271 Mercedes-Benz USA, LLC; Approval, 74209-74212 2022-26270 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 74154-74155 2022-26216 Statement of Organization, Functions, and Delegations of Authority, 74154 2022-26280 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; 2023 Red Snapper Private Angling Component Closures in Federal Waters off Texas, 74013-74014 2022-26303 Reef Fish Fishery of the Gulf of Mexico; Red Snapper Data Calibrations and Harvest Levels, 74014-74021 2022-26019 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area, 74022 2022-26273 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfers from Maine to Rhode Island, 74021 2022-26236 Summer Flounder Fishery; Quota Transfer from Virginia to Rhode Island, 74021-74022 2022-26287 PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska: Gulf of Alaska; Proposed 2023 and 2024 Harvest Specifications for Groundfish, 74102-74122 2022-26173 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Renewal; Issuance: GE-Hitachi Nuclear Energy Americas, LLC, Morris Operation Independent Spent Fuel Storage Installation, 74177-74178 2022-26230 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reemployment of Annuitants, 74178-74179 2022-26301 Securities Securities and Exchange Commission PROPOSED RULES List of Rules to be Reviewed Pursuant to the Regulatory Flexibility Act, 74057-74060 2022-26133 NOTICES Joint Industry Plan: Filing of Partial Amendment No. 1 to an Amendment to the National Market System Plan Governing the Consolidated Audit Trail, 74183-74199 2022-26235 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 74199-74204 2022-26234 Nasdaq BX, Inc., 74179-74181 2022-26233 The Nasdaq Stock Market, LLC, 74181-74183 2022-26232 Small Business Small Business Administration NOTICES Disaster Declaration: Puerto Rico, 74204-74205 2022-26284 West Virginia, 74205 2022-26283 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Class I Railroad Annual Report, 74206 2022-26255 Control Exemption: 3i RR Holdings GP LLC, 3i RR Holdings Partnership LP, et al., Effingham Railroad Co., Illinois Western Railroad Co., et al., 74206-74207 2022-26277 Operation Exemption: Illinois Western Railroad Co., Greenville, IL, 74205 2022-26276 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES National Customs Automation Program Test: Submission through the Automated Commercial Environment of Certain Unique Entity Identifiers for the Global Business Identifier Evaluative Proof of Concept, 74157-74161 2022-26213 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Education Benefits; Application for Family Member to Use Transferred Benefits; Application for Benefits under the National Call to Service Program, 74214 2022-26312 Application for Pre-Need Determination of Eligibility for Burial, 74213-74214 2022-26246 Separate Parts In This Issue Part II Health and Human Services Department, 74216-74287 2022-25784 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 231 Friday, December 2, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2022-1476; Project Identifier MCAI-2022-00508-Q; Amendment 39-22244; AD 2022-24-04] RIN 2120-AA64 Airworthiness Directives; MarS A.S. Parachutes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding Airworthiness Directive

(AD)2022-07-05, which applied to certain MarS A.S. emergency parachutes. AD 2022-07-05 superseded AD 2022-05-09, expanded the applicability, and required removing all emergency parachutes manufactured since 2016. Since the FAA issued AD 2022-07-05, MarS A.S. developed a modification for the emergency parachutes to correct the unsafe condition. This AD requires modifying and re-identifying the emergency parachutes. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 19, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 19, 2022. The FAA must receive comments on this AD by January 17, 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-2022-1476; 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 final rule, 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 final rule, contact MarS A.S., Okružní II 239, 569 43 Jevíčko, Czech Republic; phone: +420 461 353 841; email: *mars@marsjev.cz;* website: *marsjev.com.* • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call

(817)222-5110. It is also available at *regulations.gov* under Docket No. FAA-2022-1476. FOR FURTHER INFORMATION CONTACT: Kevin Kung, Aviation Safety Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:

(781)238-7244; email: *9-AVS-AIR-BACO-COS@faa.gov* . 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-2022-1476; Project Identifier MCAI-2022-00508-Q” 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 *regulations.gov* , 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 Kevin Kung, Aviation Safety Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803. 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 2022-07-05, Amendment 39-21992 (87 FR 15873, March 21, 2022) (AD 2022-07-05), for all MarS A.S. ATL-88/90-1B (commercially known as ATL-15 SL) emergency parachutes manufactured from 2016. AD 2022-07-05 superseded AD 2022-05-09, Amendment 39-21960 (87 FR 10712, February 25, 2022) (AD 2022-05-09) by retaining the requirement to remove the emergency parachutes from service while expanding the applicability of AD 2022-05-09 from certain serial-numbered parachutes to all emergency parachutes. AD 2022-07-05 was prompted by MCAI originated by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union. EASA issued Emergency AD 2022-0029-E, dated February 23, 2022, to correct an unsafe condition identified as the length of the ripcord between the pins being too long, which could cause a malfunction of the emergency parachute. Malfunction of the emergency parachute could result in failure of the emergency parachute to deploy when needed. Actions Since AD 2022-07-05 Was Issued Since the FAA issued AD 2022-07-05, EASA revised Emergency AD 2022-0029-E, dated February 23, 2022, and issued EASA AD 2022-0029R1, dated April 11, 2022 (referred to after this as “the MCAI”). The MCAI was issued after MarS A.S. developed a modification and re-identification of the emergency parachutes. You may examine the MCAI in the AD docket at *regulations.gov* under Docket No. FAA-2022-1476. Comments The FAA gave the public the opportunity to comment on AD 2022-07-05 and received comments from one commenter, the Aeronautical Repair Station Association (ARSA). ARSA requested the FAA withdraw AD 2022-07-05 because it contends that the agency lacks the legal authority to issue an AD on MarS A.S. ATL-88/90-1B parachutes. ARSA stated that, although 14 CFR 39.3 provides that ADs may apply to an appliance, a personal parachute (such as the emergency parachute that was the subject of AD 2022-05-09 and AD 2022-07-05) is not an appliance under the definitions in 14 CFR 1.1, 91.307, or 105.3. To the extent the FAA relies upon the statutory definition of an appliance in 49 U.S.C. 40102(11), which includes a parachute, ARSA suggested that this ignores two of the three “prerequisites” in that definition. Specifically, ARSA stated that personal parachutes

(1)are not “used, capable of being used, or intended to be used in operating or controlling aircraft in flight” and

(2)are not “installed in or attached to aircraft during flight.” ARSA's position that there are three prerequisites for an item to be an appliance is based on its interpretation of the current statutory definition of “appliance” in 49 U.S.C. 40102(11): “[A]ppliance” means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being used, or intended to be used, in operating or controlling aircraft in flight, including a parachute, communication equipment, and another mechanism installed in or attached to aircraft during flight, and not a part of an aircraft, aircraft engine, or propeller. Based on the statutory history, the FAA disagrees with the commenter's interpretation. The statutory definition of appliance has included parachutes since the original Civil Aeronautics Act of 1938. 1 The definition was re-codified without change when Congress created the Federal Aviation Agency (later the Federal Aviation Administration) with the Federal Aviation Act of 1958. 2 The original versions of the statutory definition read as follows: 1 Public Law 75-706; 52 Stat. 973. 2 Public Law 85-726; 72 Stat. 737. `Appliances' means instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines, or propellers. The formatting of this original definition differs from the current definition. The original definition was changed to the current definition in 1994, when Congress revised and re-codified existing transportation and aviation legislation. 3 In the legislation's introductory text, Congress explicitly enacted the revision “without substantive change.” The formatting changes, therefore, did not alter the meaning of the definition. At the time of the Civil Aeronautics Act, personal use parachutes were the only type of parachute Congress could have intended to include in its definition of appliance. Whole aircraft parachutes (aircraft rescue system parachutes, airframe parachute systems, etc.) were not developed until many decades later. The FAA issues design approval for these types of parachute systems at the aircraft product level (type certificate, amended type certificate, or supplemental type certificate). As an appliance, the FAA issues design approval of personal use parachutes under a Technical Standard Order (TSO). 3 Act of Jan. 25, 1994, Public Law 103-272; 108 Stat. 745. The FAA has been regulating parachutes—including personal use parachutes—as appliances for over 80 years. In promulgating and revising its regulations on parachute rigger certification (14 CFR part 65, subpart F) and parachute operating rules (14 CFR part 105), the agency has cited its rulemaking authority set forth in 49 U.S.C. 44701(a)(2)(A) for “aircraft, aircraft engines, propellers, and appliances.” 4 This is the same statutory authority for airworthiness directives under 14 CFR part 39. Moreover, the FAA's Parachute Rigger Handbook advises parachute riggers that they are required under 14 CFR part 39 to comply with parachute ADs “to ensure the safety and function of parachutes that have been found in some manner to be defective.” 5 4 See, for example, Clarification of Parachute Packing Authorization (75 FR 31283, June 3, 2010). See also Parachute Jumping (27 FR 11635, Nov. 27, 1962), in which the FAA cited Sec. 601 of the Federal Aviation Act of 1958 as its authority. Sec. 601 was later re-designated as 49 U.S.C. 44701. 5 Parachute Rigger Handbook, FAA-H-8083-17A, Ch. 1, pp. 1-8 to 1-9 (Change 1, Dec. 2015). A copy of this document can be found at: *https://www.faa.gov/regulations_policies/handbooks_manuals/aviation.* The FAA made no changes to this AD as a result of this comment. Conclusion The FAA reviewed the relevant data, considered the comments received on AD 2022-07-05, and determined that air safety requires adoption of the AD. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Related Service Information Under 1 CFR Part 51 The FAA reviewed MarS a.s. Service Bulletin No. 01/04/2022, Rev. C, dated April 8, 2022. This service information specifies returning the affected emergency parachutes to the manufacturer for modification and re-identification. 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 ADDRESSES . AD Requirements This AD requires modifying the emergency parachutes and re-identifying part numbers (P/Ns) 09994, 09995, and 09996 as P/Ns 09994-1, 09995-1, and 09996-1, respectively. Since the modification is required as of the effective date of the AD, the parachutes cannot be used in service until they are modified. 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. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because there are no affected emergency parachutes in the United States and thus, it is unlikely that the FAA will receive any adverse comments or useful information about this AD from U.S. operators. Accordingly, notice and opportunity for prior public comment are unnecessary 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 forego notice and comment. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act

(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 FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance This AD does not affect any emergency parachutes used in the United States. According to the manufacturer, none of the affected emergency parachutes were sold through its distributors in the United States. In the event an affected emergency parachute is brought into the United States, the following is an estimate of the costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Modify and re-identify emergency parachute 6 work-hours × $85 per hour = $510 $88 $598 $0 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. 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,

(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 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive 2022-07-05, Amendment 39-21992 (87 FR 15873, dated March 21, 2022); and b. Adding the following new airworthiness directive: **2022-24-04 MarS A.S.:** Amendment 39-22244; Docket No. FAA-2022-1476; Project Identifier MCAI-2022-00508-Q.

(a)Effective Date This airworthiness directive

(AD)is effective December 19, 2022.

(b)Affected ADs This AD replaces AD 2022-07-05, Amendment 39-21992 (87 FR 15873, dated March 21, 2022).

(c)Applicability This AD applies to MarS A.S. ATL-88/90-1B (commercially known as ATL-15 SL) emergency parachutes part number (P/N) 09994, P/N 09995, and P/N 09996 (no dash number) that meet either of the criterion in paragraph (c)(1) or

(2)of this AD:

(1)The parachute has a date of manufacture of January 1, 2016, or later; or

(2)The date of manufacture of the parachute is unknown.

(d)Subject Joint Aircraft System Component

(JASC)Code 2563, Parachute.

(e)Unsafe Condition This AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as the length of the ripcord between the pins being too long, which could cause a malfunction of the emergency parachute. The unsafe condition, if not addressed, could result in failure of the emergency parachute to deploy when needed.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Actions As of the effective date of this AD, modify and re-identify each emergency parachute in accordance with the Service Bulletin Procedure, paragraph 7.b., of MarS a.s. Service Bulletin No. 01/04/2022, Rev. C, dated April 8, 2022.

(h)Special Flight Permit Special flight permits are prohibited.

(i)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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j)(2) of this AD and email to: *9-AVS-AIR-BACO-COS@faa.gov.* 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 local flight standards district office/certificate holding district office.

(j)Additional Information

(1)Refer to European Union Aviation Safety Agency

(EASA)AD 2022-0029R1, dated April 11, 2022, for related information. This EASA AD may be found in the AD docket at *regulations.gov* under Docket No. FAA-2022-1476.

(2)For more information about this AD, contact Kevin Kung, Aviation Safety Engineer, Boston ACO Branch, Compliance & Airworthiness Division, FAA, 1200 District Avenue, Burlington, MA 01803; phone:

(781)238-7244; email: *9-AVS-AIR-BACO-COS@faa.gov.*

(k)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 the AD specifies otherwise.

(i)MarS a.s. Service Bulletin No. 01/04/2022, Rev. C, dated April 8, 2022.

(ii)[Reserved]

(3)For service information identified in this AD, contact MarS a.s., Okružní II 239, 569 43 Jevíčko, Czech Republic; phone: +420 461 353 841; email: *mars@marsjev.cz;* website: *marsjev.com.*

(4)You may view this service information at FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call

(817)222-5110.

(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: *fr.inspection@nara.gov* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued on November 9, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022-26206 Filed 12-1-22; 8:45 am]

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