Unknown. Final special conditions

3,195 words·~15 min read·/register/2023/02/27/2023-03980·

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-2023-02-27.xml --- 88 38 Monday, February 27, 2023 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 12307 2023-03978 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Swine Health Protection, 12308-12309 2023-03967 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12358-12363 2023-03959 2023-03960 2023-03961 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Application: Continued Approval of the Joint Commission's Psychiatric Hospital Accreditation Program, 12363-12365 2023-03925 Children Children and Families Administration RULES Native American Programs, 12224-12226 2023-03994 Coast Guard Coast Guard RULES Great Lakes Pilotage Rates—2023 Annual Ratemaking and Review of Methodology, 12226-12258 2023-03212 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement Performance-Based Payments—Representation, 12351-12352 2023-03905 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Economic Development Economic Development Administration NOTICES Meetings: National Advisory Council on Innovation and Entrepreneurship, 12309-12310 2023-03935 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Prison Education Program Application, 12353-12354 2023-03922 Energy Department Energy Department PROPOSED RULES Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings; Reopening of Comment Period, 12267 2023-03908 Energy Conservation Program: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers, and Freezers, 12452-12536 2023-03436 NOTICES Meetings: Environmental Management Site-Specific Advisory Board Chairs, 12354 2023-03968 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Installation of a Terminal Groin Structure, New River Inlet; Placement of the Dredge Material for the Fillet; North Topsail Beach in Onslow County, NC, 12352-12353 2023-03914 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: 2-Propenoic acid, methyl-, polymer with butyl 2-propenoate and methyl 2-methyl-2-propenoate compd. with 2-amino-2-methyl-1-propanol, 12217-12220 2023-03858 Propanoic acid, 3-hydroxy-(hydroxymethyl)-2-methyl-, et al., 12213-12217 2023-03866 Zein, 12220-12224 2023-03831 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Ohio; Consumer Products Rule, 12303-12304 2023-03599 Pennsylvania; Infrastructure State Implementation Plan Revision Clean Air Act Section 110 Applicable Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 12301-12302 2023-03860 NOTICES Allocations of Cross-State Air Pollution Rule Allowances from New Unit Set-Asides for 2022 Control Periods, 12356-12357 2023-03989 Meetings: Cumulative Risk Assessment; Science Advisory Committee on Chemicals, 12354-12356 2023-03974 Proposed CERCLA Administrative Settlement Agreement and Order on Consent:

City of Salem, Mansell Field Site, Salem, MA, 12357-12358 2023-03988 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 12358 2023-04093 2023-04095 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 12141-12146 2023-03694 2023-04020 ATR-GIE Avions de Transport Regional Airplanes, 12139-12141 2023-03693 Bombardier, Inc., Airplanes, 12136-12139 2023-03692 Special Conditions: Airbus Model A321neo XLR Airplane; Flight-Envelope Protection Functions—General, 12133-12134 2023-03980 Dassault Aviation Model Falcon 6X Airplane;

Operation without Normal Electrical Power, 12134-12136 2023-03981 PROPOSED RULES Airworthiness Criteria: Special Class; Asylon DroneSentry Model ASY02C+ Unmanned Aircraft, 12268-12273 2023-03890 Airworthiness Directives: Bombardier, Inc., Airplanes, 12276-12281 2023-03636 Pilatus Aircraft Ltd. Airplanes, 12273-12276 2023-03924 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Various Locations, 12258-12259 2023-03730 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Assistance to Individuals and Households Program, 12397-12398 2023-03993 The Declaration Process: Requests for Preliminary Damage Assessment, Requests for Supplemental Federal Disaster Assistance, Appeals, and Requests for Cost Share Adjustments, 12398-12399 2023-03992 National Flood Insurance Program: Assistance to Private Sector Property Insurers, Fiscal Year 2024 Arrangement, 12389-12397 2023-03895 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 12431-12432 2023-03900 2023-03901 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:

Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt, 12304-12306 2023-03916 Subsistence Management Regulations for Public Lands: Alaska; Taking of Wildlife, 12285-12293 2023-03825 Food and Drug Food and Drug Administration PROPOSED RULES Filing of Color Additive Petition: Innophos, Inc., 12281-12282 2023-03955 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prior Notice of Imported Food under the Public Health Security and Bioterrorism Preparedness and Response Act, 12366-12368 2023-03991 Drug Products not Withdrawn from Sale for Reasons of Safety or Effectiveness:

Chantix (Varenicline Tartrate) Tablets, 0.5 Milligram and 1 Milligram, 12384-12385 2023-03947 Final Debarment Order: Shaun Thaxter; Denial of Hearing, 12375-12381 2023-03941 Timothy Baxter; Denial of Hearing, 12369-12374 2023-03946 Wojciech Lesniak, 12381-12384 2023-03958 Guidance: Neovascular Age-Related Macular Degeneration: Developing Drugs for Treatment, 12374-12375 2023-03949 Meetings: Antimicrobial Drugs Advisory Committee, 12365-12366 2023-03971 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 12436-12437 2023-03948 Forest Forest Service PROPOSED RULES Subsistence Management Regulations for Public Lands:

Alaska; Taking of Wildlife, 12285-12293 2023-03825 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Arctic Rivers Project, 12400-12401 2023-03977 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12386-12387 2023-03911 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office for the Advancement of Telehealth Outcome Measures, 12385-12386 2023-03912 National Vaccine Injury Compensation Program: Revised Amount of the Average Cost of a Health Insurance Policy, 12385 2023-03919 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: .gov Registrar, 12399-12400 2023-03915 Indian Affairs Indian Affairs Bureau NOTICES Proposed Finding against Federal Acknowledgment of the Grand River Bands of Ottawa Indians, 12401-12403 2023-03945 Indian Health Indian Health Service NOTICES Reimbursement Rates for Calendar Year 2023, 12387-12388 2023-03896 Industry Industry and Security Bureau RULES Additions of Entities to the Entity List, 12170-12175 2023-03929 Additions of Entities to the Entity List;

Revisions of Entities on the Entity List, 12155-12170 2023-04099 Export Control Measures under the Export Administration Regulations to Address Iranian Unmanned Aerial Vehicles and Their Use by the Russian Federation against Ukraine, 12150-12155 2023-03930 Implementation of Additional Sanctions against Russia and Belarus under the Export Administration Regulations and Refinements to Existing Controls, 12175-12205 2023-03927 NOTICES Denial of Export Privileges: Javier Campos, 12310-12311 2023-03984 Marco Rodriguez, 12311 2023-03983 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Use of Forfeitures in Qualified Retirement Plans, 12282-12285 2023-03778 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: General Business Credit, 12437 2023-03903 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sodium Nitrite from India, 12313-12316 2023-03934 Application for Duty Free Entry of Scientific Instruments: The Association of Universities for Research in Astronomy, 12312 2023-03966 Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings, 12312-12313 2023-03933 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III), 12422-12423 2023-03904 Sodium Nitrite from India, 12421 2023-03917 Land Land Management Bureau NOTICES Meetings: Idaho Resource Advisory Council, 12404 2023-03937 Southern New Mexico Resource Advisory Council, New Mexico, 12403-12404 2023-03936 Management Management and Budget Office NOTICES Discount Rates for Cost-Effectiveness Analysis of Federal Programs, 12423 2023-03920 Maritime Maritime Administration NOTICES Meetings:

U.S. Maritime Transportation System National Advisory Committee, 12432-12433 2023-03939 NASA National Aeronautics and Space Administration RULES Privacy Act; Implementation, 12147-12149 2023-03772 NOTICES New Conflict of Interest and Conflict of Commitment Policy for Recipients of Financial Assistance Awards, 12423-12425 2023-03909 National Archives National Archives and Records Administration NOTICES Records Schedules, 12425-12426 2023-03932 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Baby Trend, Inc.; Denial, 12433-12436 2023-03926 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 12388-12389 2023-03969 National Institute of Mental Health, 12389 2023-03918 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Amendment 124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for Groundfish to Revise IFQ Program Regulations, 12259-12266 2023-03669 NOTICES Taking or Importing of Marine Mammals:

Construction Activities Associated with the Murray St. Bridge Seismic Retrofit Project in Santa Cruz, CA, 12316-12334 2023-03910 Pillar Point Harbor Johnson Pier Expansion and Dock Replacement Project in Princeton, CA, 12334-12350 2023-03975 National Resources Natural Resources Conservation Service NOTICES National Handbook of Conservation Practices, 12309 2023-03897 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 12426-12427 2023-03996 Ocean Energy Management Ocean Energy Management Bureau NOTICES Oil and Gas Lease Sale:

Gulf of Mexico Outer Continental Shelf Sale 259, 12404-12413 2023-03973 Record of Decision: Gulf of Mexico, Outer Continental Shelf, Oil and Gas Lease Sale 259, 12413-12414 2023-03972 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Deposit of Biological Materials, 12350-12351 2023-03970 Postal Service Postal Service NOTICES International Product Change: Priority Mail Express International, Priority Mail International, First-Class Package International Service and Commercial ePacket Agreement, 12427 2023-03954 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961;

Delegation of Authority Under Sections 506(a)(1) and 552(c)(2) (Memorandum of February 20, 2023), 12537-12539 2023-04153 Reclamation Reclamation Bureau NOTICES Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Actions, 12414-12421 2023-03963 Securities Securities and Exchange Commission RULES Extending Form 144 EDGAR Filing Hours, 12205-12210 2023-03931 NOTICES Meetings; Sunshine Act, 12427 2023-04079 Self-Regulatory Organizations; Proposed Rule Changes:

Cboe BZX Exchange, Inc., 12427-12431 2023-03907 Small Business Small Business Administration NOTICES Meetings: Council on Underserved Communities, 12431 2023-03962 State Department State Department RULES International Traffic in Arms Regulations: Consolidation and Restructuring of Purposes and Definitions, 12210-12213 2023-03828 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12437-12439, 12441-12445 2023-03956 2023-03976 2023-03953 Privacy Act; Systems of Records, 12439-12441 2023-03990 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 12445 2023-04080 Veteran Affairs Veterans Affairs Department PROPOSED RULES Bar to Approval, 12293-12296 2023-03964 Reconsideration of Prior Interment and Memorialization Decisions, 12296-12300 2023-03942 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification of Training Hours, Wages, and Progress, 12449 2023-03943 Native American Direct Loan Processing Requirements, 12448-12449 2023-03898 Privacy Act; Systems of Records, 12445-12448 2023-03938 Separate Parts In This Issue Part II Energy Department, 12452-12536 2023-03436 Part III Presidential Documents, 12537-12539 2023-04153 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. 88 38 Monday, February 27, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2022-0349; Special Conditions No. 25-820-SC] Special Conditions: Airbus Model A321neo XLR Airplane;

Flight-Envelope Protection Functions—General AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final special conditions. SUMMARY: These special conditions are issued for the Airbus Model A321neo XLR airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is an electronic flight-control system that provides flight-envelope protections.

The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Effective March 29, 2023. FOR FURTHER INFORMATION CONTACT: Troy Brown, Performance and Environment Section, AIR-625, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 1801 S Airport Rd., Wichita, KS 67209-2190; telephone and fax 405-666-1050; email *troy.a.brown@faa.gov.* SUPPLEMENTARY INFORMATION:

Background On September 16, 2019, Airbus applied for an amendment to Type Certificate No. A28NM to include the new Model A321neo XLR airplane. These airplanes are twin-engine, transport-category airplanes with seating for 244 passengers and a maximum takeoff weight of 222,000 pounds. Type Certification Basis Under the provisions of 14 CFR 21.101, Airbus must show that the Model A321neo XLR airplanes meet the applicable provisions of the regulations listed in Type Certificate No.

A28NM, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. If the Administrator finds that the applicable airworthiness regulations ( *e.g.,* 14 CFR part 25) do not contain adequate or appropriate safety standards for the Airbus Model A321neo XLR airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions are initially applicable to the model for which they are issued.

Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101. In addition to the applicable airworthiness regulations and special conditions, the Airbus Model A321neo XLR airplanes must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in § 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101. Novel or Unusual Design Features The Airbus Model A321neo XLR airplanes will incorporate the following novel or unusual design feature: An electronic flight-control system that provides flight envelope protections. Discussion Many new transport-category airplanes use advanced electronic flight-control systems (EFCS), which incorporate flight-envelope protection (limiting) designed to prevent the pilot from inadvertently or intentionally exceeding any number of flight-envelope parameters.

Depending on a particular EFCS design, these limiting features may or may not be active in all normal and alternate flight-control modes, and may or may not be capable of being overridden by the pilot. The FAA currently applies 14 CFR 25.143 to airplanes incorporating EFCS. The purpose of § 25.143 is to verify that operational maneuvers conducted within the operational envelope can be accomplished smoothly with average piloting skill, and without encountering a stall warning or other characteristics that might interfere with normal maneuvering, or without exceeding structural limits.

The airplane response to control input should be predictable to the pilot. However, § 25.143 does not adequately ensure that airplanes incorporating EFCS with flight-envelope protections will have a level of safety equivalent to that of existing standards. Envelope-protection functions are intended to reduce the likelihood of excursions, either commanded or uncommanded, to unintended or potentially hazardous airplane operating states. As a consequence of preventing excursions, these functions can also restrict aircraft maneuverability, and may introduce non-traditional behavior.

The special conditions will ensure that flight-envelope protection functions support safe operation, and do not interfere with required maneuvering in normal and emergency operations, and in forseeable atmospheric conditions. The FAA previously issued separate special conditions for general limiting, normal load-factor limiting, high-speed limiting, and pitch and roll limiting for airplanes incorporating flight-envelope protection features. However, the FAA tasked the Aviation Rulemaking Advisory Committee

(ARAC)in April 2014 (79 FR 20295) to develop recommended standards for fly-by-wire flight controls for general flight-envelope protection (limiting) similar to those provided for conventional control functions in 14 CFR 25.143. The ARAC recommended, 2 among other things, performance-based requirements that would encompass general limiting, normal load-factor limiting, high-speed limiting, and pitch and roll limiting which the FAA previously issued as separate special conditions. These proposed special conditions are based on that ARAC recommendation. 2 FAA Aviation Rulemaking Advisory Committee, FTHWG Topic 1 Envelope Protection, Recommendation Report—Rev. A, March, 2017, *https://www.faa.gov/regulations_policies/rulemaking/committees/documents/media/09%20-%20FTHWG_Final_Report_Phase_2_RevA__Apr_2017.pdf.* These special conditions provide the same level of safety as the prescriptive, design-specific special conditions the FAA has issued in the past for general limiting, normal load-factor limiting, high-speed limiting, and pitch and roll limiting, thus the FAA need not issue separate special conditions to address each of these areas. These special conditions are in addition to the requirements of § 25.143. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Discussion of Comments The FAA issued notice of proposed Special Conditions No. 25-22-05-SC for the Airbus Model A321neo XLR airplane, which was published in the **Federal Register** on November 17, 2022 (87 FR 68942). The FAA received one response from the Air Line Pilots Association supporting the special conditions. The special conditions are adopted as proposed. Applicability As discussed above, these special conditions apply to Airbus Model A321neo XLR airplanes. Should Airbus apply later for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model series of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. Authority Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Airbus Model A321neo XLR airplanes equipped with EFCS. In addition to § 25.143, the following requirements apply:

(a)Envelope protection functions must not unduly limit the maneuvering capability of the airplane, nor interfere with its ability to perform maneuvers required for normal and emergency operations.

(b)Onset characteristics of each flight-envelope protection function must be appropriate to the phase of flight and type of maneuver, and must not conflict with the ability of the pilot to satisfactorily control the airplane flight path, speed, and attitude.

(c)Excursions of a limited flight parameter beyond its nominal design-limit value due to dynamic maneuvering, airframe and system tolerances, and non-steady atmospheric conditions must not result in unsafe flight characteristics or conditions.

(d)Operation of flight-envelope protection functions must not adversely affect aircraft control during expected levels of atmospheric disturbances, nor impede the application of recovery procedures in case of wind shear.

(e)Simultaneous action of flight-envelope protection functions must not result in adverse coupling or adverse priority.

(f)In case of abnormal attitude or excursion of flight parameters outside the protected boundaries, operation of flight-envelope protection functions must not hinder airplane recovery. Issued in Kansas City, Missouri, on February 22, 2023. Patrick R. Mullen, Manager, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2023-03980 Filed 2-24-23; 8:45 am]

Connectionstraces to 3

Traces to 3 documents

CFR

U.S. Code