Unknown. Final rule; request for comments

4,195 words·~19 min read·/register/2023/08/10/2023-17197·

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-2023-08-10.xml --- 88 153 Thursday, August 10, 2023 Contents Agriculture Agriculture Department See The U.S. Codex Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54289-54290 2023-17181 Army Army Department NOTICES Meetings: Board of Visitors for the United States Army Command and General Staff College, 54309-54310 2023-17188 Census Bureau Census Bureau RULES Foreign Trade Regulations:

State Department Directorate of Defense Trade Controls Filing Requirement and Clarifications to Current Requirements, 54234-54237 2023-16970 Centers Disease Centers for Disease Control and Prevention NOTICES Request for Comments: Immediately Dangerous to Life or Health Value Document for Hydrogen Chloride, 54319-54320 2023-17129 Civil Rights Civil Rights Commission NOTICES Meetings: Nebraska Advisory Committee; Cancellation, 54299 2023-17161 Puerto Rico Advisory Committee, 54299-54300 2023-17160 U.S.

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Caligor Coghlan Pharma Services, 54352-54353 2023-17138 Chattem Chemicals, 54353-54354 2023-17139 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated State Plan, 54310 2023-17165 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington;

Smoke Management Plan Update, 54240-54244 2023-16409 Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: (2S)-5-Oxopyrrolidine-2-carboxylic Acid (L-PCA), 54244-54247 2023-17135 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley Air Pollution Control District; Removal of Excess Emissions Provisions, 54257-54259 2023-16975 Washington; Southwest Clean Air Agency; Emission Standards and Controls for Sources Emitting Gasoline Vapors, 54259-54263 2023-16791 NOTICES Proposed Administrative Cashout Settlement for Peripheral Parties:

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Correction, 54232-54233 2023-16762 Palm Beach International Airport, West Palm Beach, FL; Correction, 54230-54231 2023-16689 Rush City, MN, 54228-54229 2023-16969 Ruston, LA, 54233-54234 2023-16968 Vicinity of Cape Newenham, AK; Correction, 54232 2023-16318 Yankton, SD, 54225-54227 2023-16952 Airworthiness Directives: The Boeing Company Airplanes, 54223-54225 2023-17197 PROPOSED RULES Airspace Designations and Reporting Points: Ambler, AK, 54251-54252 2023-16978 Eastman, GA, 54249-54251 2023-16763 Lynchburg, VA, 54254-54256 2023-16947 Minden, NV, 54252-54254 2023-17016 Warrenton, VA, 54248-54249 2023-16959 NOTICES Agency Information Collection Activities;

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Coxiella burnetii Phase II, Nine Mile Strain, Plaque Purified Clone 4 with Reversion to Wildtype cbu0533, 54247 2023-16929 NOTICES Meetings: National Advisory Committee on Seniors and Disasters and National Advisory Committee on Individuals with Disabilities and Disasters Joint Public Meeting, 54331 2023-17142 Homeland Homeland Security Department See Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ReadySetCyber Initiative Questionnaire, 54345-54346 2023-17183 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities;

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Validation, Qualification, and Acceptance of New Approach Methodologies; Draft Report, 54342 2023-17120 Meetings: Center for Scientific Review, 54332 2023-17122 Fogarty International Center, 54340-54341 2023-17141 National Cancer Institute, 54331-54332 2023-17185 2023-17186 National Institute of Diabetes and Digestive and Kidney Diseases, 54341 2023-17124 National Institute on Aging, 54342-54343 2023-17123 National Institute on Alcohol Abuse and Alcoholism, 54341 2023-17187 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Appointment in the NOAA Commissioned Officer Corps, 54304-54305 2023-17169 Environmental Assessments; Availability, etc.: Effects of Issuing an Incidental Take Permit No. 27106, 54303-54304 2023-17170 Environmental Impact Statements; Availability, etc.: Endangered and Threatened Species; Expenditure of Funds to Increase Prey Availability for Southern Resident Killer Whales, 54301-54302 2023-17184 Request for Information: Data for Marine Spatial Studies in Puerto Rico and the U.S.

Virgin Islands, 54302-54303 2023-17119 National Park National Park Service NOTICES Inventory Completion: California Department of Parks and Recreation, Sacramento, CA, and California State University, Chico, Chico, CA, 54349-54350 2023-17131 Fowler Museum at University of California Los Angeles, Los Angeles, CA, and California Department of Transportation, Sacramento, CA, 54350-54351 2023-17130 Indiana State Museum and Historic Sites Corporation, Indianapolis, IN, 54347-54348 2023-17134 Oberlin College, Oberlin, OH, 54346-54347 2023-17132 University of Georgia Laboratory of Archaeology, Athens, GA, 54348-54349 2023-17133 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 54354 2023-17215 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Discontinuation of the State of New York's Sealed Source and Device Evaluation and Approval Authority, 54354 2023-16932 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: North Atlantic Right Whale Research and Management Activities, 54351-54352 2023-17126 National Cyber Office of the National Cyber Director NOTICES Request for Information:

Open-Source Software Security: Areas of Long-Term Focus and Prioritization, 54315-54317 2023-17239 Patent Patent and Trademark Office NOTICES Meetings: Changes to Duration of Attorney Recognition, 54305-54308 2023-17144 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials; Special Permits, 54394-54397 2023-17096 2023-17097 2023-17099 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 54355 2023-17147 Postal Service Postal Service RULES Intelligent Mail Package Barcode Compliance Quality, 54239-54240 2023-16981 NOTICES Product Change:

Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 54355-54356 2023-17110 2023-17112 2023-17113 2023-17116 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 54355-54356 2023-17111 2023-17114 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 54384-54389 2023-17106 Cboe C2 Exchange, Inc., 54376-54381 2023-17107 Cboe EDGX Exchange, Inc., 54356-54361 2023-17108 ICE Clear Credit, LLC, 54370-54373 2023-17102 Investors Exchange, LLC, 54373-54375 2023-17109 Miami International Securities Exchange, LLC, 54361-54362 2023-17105 Nasdaq GEMX, LLC, 54381-54384 2023-17103 Nasdaq ISE, LLC, 54362-54365 2023-17104 National Securities Clearing Corp., 54365-54370 2023-17127 Social Social Security Administration NOTICES Privacy Act of 1974;

Matching Program, 54389-54390 2023-17157 Verification Transaction Fee Increase for Consent Based Social Security Number Verification Service, 54389 2023-17146 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54343-54345 2023-17095 2023-17176 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54390-54391 2023-17091 2023-17093 Codex The U.S.

Codex Office NOTICES International Standard-Setting Activities, 54290-54299 2023-17128 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54399-54400 2023-17166 DFC U.S.

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Advisory Committee on Tribal and Indian Affairs, 54400-54401 2023-17182 Separate Parts In This Issue Part II Library of Congress, Copyright Royalty Board, 54406-54486 2023-14925 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. 88 153 Thursday, August 10, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2023-1650; Project Identifier AD-2023-00795-T; Amendment 39-22517; AD 2023-15-05] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all The Boeing Company Model 737 airplanes equipped with CFM International, S.A.

(CFM)Model LEAP-1B series turbofan engines. This AD was prompted by a report indicating that use of engine anti-ice

(AFM)to limit the use of EAI in certain conditions and revising the operator's existing minimum equipment list to prohibit dispatch under a certain item. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 25, 2023. The FAA must receive comments on this AD by September 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* by searching for and locating Docket No. FAA-2023-1650; 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, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: James Laubaugh, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3622; email: *james.laubaugh@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-2023-1650 and Project Identifier AD-2023-00795-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 *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 James Laubaugh, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3622; email: *james.laubaugh@faa.gov.* Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA has received a report in June 2023 indicating that flight testing and analysis revealed that the use of EAI in dry air for more than five minutes during certain combinations of altitude, total air temperature, and N1 settings can result in engine inlet cowl temperatures exceeding design limits when not in visible moisture. Excessive heat buildup can cause overheat of the engine inlet inner barrel beyond the material design limit, resulting in failure of the engine inlet inner barrel and severe engine inlet cowl damage. There have been no reports of in-service failures of the engine inlet inner barrel to date. This condition as previously described, if not addressed, could result in departure of the inlet and potential fan cowl failure and departure from the airplane. The departure of the inlet may cause fuselage and/or window damage, potentially resulting in decompression and hazard to window-seated passengers aft of the wing and/or impact damage to the wing, flight control surfaces, and/or empennage, which could result in loss of control of the airplane. Inlet loss also causes significantly increased aerodynamic drag and asymmetric lift due to wing blanking, which risks fuel exhaustion on certain flights, resulting in a forced off-airport landing and injury to passengers. The FAA is issuing this AD to address the unsafe condition on these products. FAA's Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires revising the existing AFM to limit the use of engine anti-ice in certain conditions. This AD also requires revising the operator's existing minimum equipment list

(MEL)to prohibit dispatch under Master Minimum Equipment List

(MMEL)Item 30-21-01B (EAI valve locked open). Further analysis of this item is necessary to determine whether continued use will cause failure of the engine inlet inner barrel. Compliance With AFM Revision Section 91.9 prohibits any person from operating a civil aircraft without complying with the operating limitations specified in the AFM. FAA regulations also require operators to furnish pilots with any changes to the AFM (14 CFR 121.137) and pilots in command to be familiar with the AFM (14 CFR 91.505). MMEL Revision This AD refers to Item 30-21-01B (Engine

(Cowl)Anti-Ice Valves), Boeing 737 MAX (B-737-7/-8/-8200/-9) MMEL, Revision 5, dated June 3, 2022; this item is also included in an operator's FAA-approved minimum equipment list (MEL). This AD prohibits dispatch or release of the airplane under conditions currently allowed by that item in the MMEL. The FAA plans to revise the MMEL to remove that item in a future revision; operators would then be required to also remove that item from their existing FAA-approved MEL. Interim Action The FAA considers this AD to be an interim action. The manufacturer is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, the FAA might consider additional rulemaking. Justification for Immediate Adoption 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 operating EAI in dry air for more than five minutes during certain environmental and operational conditions can cause overheating of the engine inlet inner barrel beyond the material design limit, resulting in failure of the engine inlet inner barrel and severe engine inlet cowl damage. If not addressed, this could result in departure of the inlet and potential fan cowl failure and departure from the airplane. The departure of the inlet may cause fuselage and/or window damage, potentially resulting in decompression and hazard to window-seated passengers aft of the wing and/or impact damage to the wing, flight control surfaces, and/or empennage, which could result in loss of control of the airplane. Further, inlet loss causes significantly increased aerodynamic drag and asymmetric lift due to wing blanking, which risks fuel exhaustion on certain flights, resulting in a forced off-airport landing and injury to passengers. 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 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 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 402 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators AFM/MEL revision 1 work-hour × $85 per hour = $85 $0 $85 $34,170 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 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 adding the following new airworthiness directive: **2023-15-05 The Boeing Company:** Amendment 39-22517; Docket No. FAA-2023-1650; Project Identifier AD-2023-00795-T.

(a)Effective Date This airworthiness directive

(AD)is effective August 25, 2023.

(b)Affected ADs None.

(c)Applicability This AD applies to all The Boeing Company Model 737 airplanes equipped with CFM International, S.A.

(CFM)Model LEAP-1B series turbofan engines, certificated in any category.

(d)Subject Air Transport Association

(ATA)of America Code 30, Ice and Rain Protection; 71, Powerplant.

(e)Unsafe Condition This AD was prompted by a report indicating that use of engine anti-ice

(EAI)in dry air for more than five minutes during certain environmental and operational conditions can cause overheating of the engine inlet inner barrel beyond the material design limit, resulting in failure of the engine inlet inner barrel and severe engine inlet cowl damage. The FAA is issuing this AD to address use of EAI in certain environmental and operational conditions. The unsafe condition, if not addressed, could result in departure of the inlet and potential fan cowl failure and departure from the airplane. The departure of the inlet may cause fuselage and/or window damage, potentially resulting in decompression and hazard to window-seated passengers aft of the wing and/or impact damage to the wing, flight control surfaces, and/or empennage, which could result in loss of control of the airplane. Inlet loss also causes significantly increased aerodynamic drag and asymmetric lift due to wing blanking, which risks fuel exhaustion on certain flights, resulting in a forced off-airport landing and injury to passengers.

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

(g)Airplane Flight Manual

(AFM)Revision Within 15 days after the effective date of this AD: Revise the Limitations Section of the existing AFM to include the information specified in figure 1 to paragraph

(g)of this AD. This may be done by inserting a copy of figure 1 to paragraph

(g)of this AD into the existing AFM. ER10AU23.010

(h)Minimum Equipment List

(MEL)Revision Within 15 days after the effective date of this AD or upon completion of the AFM revision required by paragraph

(g)of this AD, whichever occurs first: Revise the operator's existing FAA-approved MEL to prohibit dispatch under the MEL item corresponding with Master Minimum Equipment List

(MMEL)Item 30-21-01B (Engine

(Cowl)Anti-Ice Valves).

(i)Alternative Methods of Compliance (AMOCs)

(1)The Manager, AIR-520, Continued Operational Safety 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 of the certification office, send it to the attention of the person identified in paragraph

(j)of this AD. Information may be emailed to: *9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.*

(2)Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.

(3)An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization

(ODA)that has been authorized by the Manager, AIR-520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(j)Related Information For more information about this AD, contact James Laubaugh, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3622; email: *james.laubaugh@faa.gov.*

(k)Material Incorporated by Reference None. Issued on July 31, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023-17197 Filed 8-7-23; 4:15 pm]

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