Unknown. Final rule

4,781 words·~22 min read·/register/2023/09/07/2023-19223

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-2023-09-07.xml --- 88 172 Thursday, September 7, 2023 Contents Architectural Architectural and Transportation Barriers Compliance Board RULES Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; Correction, 61470 2023-19250 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61593-61595 2023-19211 Medicare and Medicaid Programs:

Application from the Accreditation Commission for Health Care, Inc. for Continued Approval of Its Ambulatory Surgical Center Accreditation Program, 61595-61596 2023-19323 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Judicial, Court, and Attorney Measures of Performance: Feedback and Implementation, 61596-61598 2023-19228 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for Data Collection Instruments for the AmeriCorps Seniors COVID Effects on Senior Volunteering and on AmeriCorps Seniors Programs Evaluation, 61574-61575 2023-19319 Evaluation of Public Health AmeriCorps, 61575 2023-19318 Defense Department Defense Department NOTICES Meetings: Defense Advisory Committee for Strategic Environmental Research and Development Program Scientific Advisory Board, 61577-61578 2023-19290 Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces, 61575-61576 2023-19344 Reserve Forces Policy Board, 61576-61577 2023-19348 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application and Employment Certification for Public Service Loan Forgiveness, 61578-61579 2023-19243 Federal Direct Loan Program and Federal Family Education Loan Program Teacher Loan Forgiveness Forms, 61579 2023-19244 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61580-61581 2023-19347 Meetings: Nuclear Science Advisory Committee, 61579-61580 2023-19277 Environmental Protection Environmental Protection Agency RULES National Priorities List, 61470-61475 2023-19114 PROPOSED RULES National Priorities List, 61492-61498 2023-19005 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: New Source Performance Standards for Equipment Leaks of Volatile Organic Compounds in Petroleum Refineries, 61591 2023-19276 New Source Performance Standards for Nitric Acid Plants, 61591-61592 2023-19275 Equal Equal Employment Opportunity Commission NOTICES Performance Review Board Members, 61592-61593 2023-19349 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Schempp-Hirth Flugzeugbau GmbH Gliders, 61467-61469 2023-19223 PROPOSED RULES Airworthiness Directives:

Airbus Helicopters Deutschland GmbH

(AHD)Helicopters, 61485-61488 2023-19080 Hamilton Sundstrand Corporation Propellers, 61480-61482 2023-19085 Piaggio Aviation S.p.A. Airplanes, 61482-61485 2023-19092 Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes, 61488-61492 2023-19170 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receiverships, 61593 2023-19298 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 61593 2023-19438 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Board of Visitors for the National Fire Academy, 61611-61612 2023-19294 National Advisory Council, 61611 2023-19271 Federal Energy Federal Energy Regulatory Commission NOTICES Application: County of Alameda, CA, 61582-61583 2023-19218 Combined Filings, 61587-61590 2023-19301 2023-19302 Denial of Water Quality Certification: EONY Generation Ltd., 61588 2023-19219 Indiana Michigan Power Co., 61583-61584 2023-19220 Environmental Assessments; Availability, etc.: Port Arthur LNG, LLC, PALNG Common Facilities Co., LLC; Port Arthur Liquified Natural Gas Amendment, 61581-61582 2023-19221 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: All Clean Power, LLC, 61582 2023-19307 Arche Energy Project, LLC, 61586 2023-19303 Hunter Solar, LLC, 61586-61587 2023-19304 Orlando CoGen Ltd., LP, 61583 2023-19308 Robin Hollow Solar Lessee, LLC, 61590 2023-19305 Robin Hollow Solar, LLC, 61588 2023-19306 Meetings: City of Augusta, GA, Augusta Canal Biological Opinion, 61585 2023-19291 Request under Blanket Authorization: Texas Gas Transmission, LLC, 61584-61585 2023-19292 Waiver of Water Quality Certification: Tallassee Shoals, LLC, 61590 2023-19293 Food and Drug Food and Drug Administration PROPOSED RULES Fish and Shellfish; Canned Tuna Standard of Identity and Standard of Fill of Container, 61492 C1-2023-17916 NOTICES Guidance: Modernizing the Premarket Notification Program, 61600-61602 2023-19283 Meetings: Cellular, Tissue, and Gene Therapies Advisory Committee--Sickle Cell Disease, 61598-61600 2023-19284 Priority Review Voucher: Rare Pediatric Disease Product, 61598, 61600 2023-19287 2023-19289 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 61668-61669 2023-19230 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion of Subzone: Getinge Group Logistics Americas LLC, Foreign-Trade Zone 49, East Windsor, NJ, 61499 2023-19330 Approval of Subzone Status: Findlay's Tall Timbers Distribution Center LLC dba Southern Tier Logistics; Village of Horseheads, NY, 61499 2023-19331 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Professions Student Loan Program, Loans for Disadvantaged Students Program, Primary Care Loan Program, and Nursing Student Loan Program Administrative Requirements, 61602-61604 2023-19203 Homeland Homeland Security Department See Federal Emergency Management Agency PROPOSED RULES Homeland Security Acquisition Regulation: Limitations on Subcontracting in Emergency Acquisitions; Withdrawal, 61498 2023-19316 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Mortgagee's Application for Insurance Benefits, 61612-61613 2023-19274 Industry Industry and Security Bureau NOTICES Denial of Export Privileges: Arthur Petrov, aka Artur Petrov; Astrafteros Technokosmos, LTD; Zhanna Soldatenkova; et al., 61499-61503 2023-19332 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61669-61671 2023-19341 2023-19342 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cut-To-Length Carbon-Quality Steel Plate from the Republic of Korea, 61509-61511 2023-19206 Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 61525-61527 2023-19337 Certain Metal Lockers and Parts Thereof from the People's Republic of China, 61514-61516 2023-19335 Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China, 61506-61509 2023-19208 Certain Softwood Lumber Products from Canada, 61511-61514 2023-19210 Finished Carbon Steel Flanges from India, 61520-61522 2023-19350 Large Diameter Welded Pipe from the Republic of Turkey, 61504-61506 2023-19204 Magnesium Metal from the People's Republic of China, 61522-61523 2023-19209 Ripe Olives from Spain, 61517-61519 2023-19336 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Ukraine, 61503-61504 2023-19334 Utility Scale Wind Towers from Indonesia, 61523-61525 2023-19333 Utility Scale Wind Towers from Malaysia, 61516-61517 2023-19207 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Silicon Metal from China, 61613-61614 2023-19326 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification and Release of Records, 61615-61616 2023-19343 Identity History Summary Request Form, 61614-61615 2023-19281 Proposed Consent Decree: Clean Air Act, 61614 2023-19251 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Approval of a Representative's Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of Labor, 61616 2023-19226 Housing Occupancy Certificate--Migrant and Seasonal Agricultural Worker Protection Act, 61617-61618 2023-19225 Survivor's Form for Benefits under the Black Lung Benefits Act, 61617 2023-19224 Mine Mine Safety and Health Administration NOTICES Petition: Modification of Application of Existing Mandatory Safety Standards, 61618-61619 2023-19227 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 61620 2023-19296 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration PROPOSED RULES Anthropomorphic Test Devices: Test Device for Human Occupant Restraint 50th Percentile Adult Male Test Dummy; Incorporation by Reference, 61896-61949 2023-19008 Federal Motor Vehicle Safety Standards: Occupant Crash Protection, Seat Belt Reminder Systems, 61674-61743 2023-18413 National Institute National Institute of Standards and Technology NOTICES Request for Information: United States Government National Standards Strategy for Critical and Emerging Technology, 61527-61529 2023-19245 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 61607 2023-19282 National Institute of Dental and Craniofacial Research, 61604-61605 2023-19262 National Institute of Diabetes and Digestive and Kidney Diseases, 61604-61607 2023-19258 2023-19260 2023-19263 2023-19264 National Institute of General Medical Sciences, 61605-61606 2023-19254 2023-19257 2023-19261 National Institute on Aging, 61606, 61608 2023-19256 2023-19259 National Library of Medicine, 61606 2023-19255 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 61620 2023-19440 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 12, 61475-61477 2023-19253 Fisheries of the Exclusive Economic Zone off Alaska: Snow Crab Rebuilding Plan in the Bering Sea and Aleutian Islands, 61477-61479 2023-19300 Fisheries of the Northeastern United States: Scup Fishery; Adjustment to the 2023 Winter II Quota, 61477 2023-19309 NOTICES Hearings: Gulf of Mexico Fishery Management Council, 61529-61530 2023-19270 Meetings: Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review, 61572 2023-19314 New England Fishery Management Council, 61572-61574 2023-19317 Pacific Fishery Management Council, 61548-61549 2023-19315 Takes of Marine Mammals Incidental to Specified Activities: Columbia East Lateral XPRESS Project, 61530-61548 2023-19310 Taking or Importing of Marine Mammals: Pier Maintenance and Bank Stabilization at U.S. Coast Guard Air Station Port Angeles, Port Angeles, WA, 61549-61572 2023-19327 Port of Nome Modification Project in Nome, AK, 61806-61847 2023-19187 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grants and Cooperative Agreement Provisions, 61625-61626 2023-19278 Licenses, Certifications, and Approvals for Nuclear Power Plants, 61626-61627 2023-19280 Solicitation of Non-Power Operator Licensing Examination Data, 61627-61628 2023-19279 Draft NUREG: Revision to Subsequent License Renewal Guidance Documents, and Supplement to Associated Technical Bases Document, 61628-61629 2023-19299 Licenses; Exemptions, Applications, Amendments etc.: NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2, 61621-61625 2023-19297 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Wastes Operations and Emergency Response Standard, 61619-61620 2023-19313 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives, 61746-61804 2023-18585 Postal Service Postal Service NOTICES Product Change: Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 61629-61630 2023-19212 2023-19214 2023-19216 Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 61629-61630 2023-19213 2023-19215 Priority Mail, First-Class Package Service and Parcel Select Negotiated Service Agreement, 61630 2023-19217 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Labor Day (Proc. 10617), 61463-61465 2023-19442 Securities Securities and Exchange Commission RULES Exemption for Certain Exchange Members, 61850-61893 2023-18658 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61650-61652, 61655-61657 2023-19246 2023-19247 2023-19248 2023-19249 2023-19252 Meetings; Sunshine Act, 61657 2023-19420 Order: Directing the Exchanges and the Financial Industry Regulatory Authority, Inc., to File a National Market System Plan Regarding Consolidated Equity Market Data, 61630-61641 2023-19311 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 61641-61642, 61657-61658 2023-19237 2023-19238 2023-19239 2023-19240 Miami International Securities Exchange, LLC, 61648-61650 2023-19232 MIAX Emerald, LLC, 61645-61647 2023-19233 MIAX PEARL, LLC, 61642-61644, 61653-61655 2023-19234 2023-19235 NYSE Arca, Inc., 61647 2023-19242 The Nasdaq Stock Market, LLC, 61652-61653, 61658 2023-19236 2023-19241 Substance Substance Abuse and Mental Health Services Administration NOTICES Request for Information: Potential Changes to its Evidence-Based Practices Resource Center, 61608-61610 2023-19272 Surface Transportation Surface Transportation Board NOTICES Control: Canadian Pacific Railway, Ltd., Canadian Pacific Railway Co., Soo Line Railroad Co., et al., 61658-61668 2023-19321 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings: Veterans' Family, Caregiver and Survivor Advisory Committee, 61671 2023-19273 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 61674-61743 2023-18413 Part III Transportation Department, Pipeline and Hazardous Materials Safety Administration, 61746-61804 2023-18585 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 61806-61847 2023-19187 Part V Securities and Exchange Commission, 61850-61893 2023-18658 Part VI Transportation Department, National Highway Traffic Safety Administration, 61896-61949 2023-19008 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. 88 172 Thursday, September 7, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-G; Amendment 39-22531; AD 2023-17-05] RIN 2120-AA64 Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Ventus-2a and Ventus-2b gliders. This AD is prompted by reports of the uncommanded extraction of the airbrakes on one or both wings, possibly resulting in reduced control of the glider. This AD requires repetitively inspecting airbrake bell cranks and airbrake drive funnels for cracking, repetitively inspecting the clearance of the airbrake control system, and taking corrective action as necessary. This AD also requires modifying the airbrake system, which is terminating action for the repetitive inspections. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 12, 2023. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 12, 2023. ADDRESSES: *AD Docket:* You may examine the AD docket at *regulations.gov* under Docket No.FAA-2023-1054; 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 address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. *Material Incorporated by Reference:* • For service information identified in this final rule, contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter Teck, Germany; phone: +49 7021 7298-0; email: *info@schempp-hirth.com;* website: *schempp-hirth.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-2023-1054. FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone:

(816)329-4165; email: *jim.rutherford@faa.gov* . SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 by adding an AD that would apply to all Schempp-Hirth Model Ventus-2a and Ventus-2b gliders. The NPRM published in the **Federal Register** on June 9, 2023 (88 FR 37807). The NPRM was prompted by AD 2022-0229, dated November 28, 2022, issued by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union (referred to after this as the MCAI). The MCAI states that permanent excessive loads on the automatic connections of the airbrake control system can cause damage to the drive funnels in the fuselage and to the airbrake bell cranks at the root ribs of the wings. The MCAI requires repetitively inspecting the airbrake bell cranks and drive funnels for damage, inspecting the airbrake control system for clearance, taking corrective actions if necessary, and modifying the airbrake control system by replacing the airbrake bell cranks with reinforced airbrake bell cranks and replacing airbrake drive funnels with reinforced drive funnels. The MCAI states that this modification is terminating action for the repetitive inspections. In the NPRM, the FAA proposed to require repetitively inspecting airbrake bell cranks and airbrake drive funnels for cracking, repetitively inspecting the clearance of the airbrake control system, and taking corrective action as necessary. The FAA also proposed to require modifying the airbrake system, which is terminating action for the repetitive inspections. This condition, if not detected and corrected, could lead to the uncommanded extraction of the airbrakes on one or both wings and result in reduced control of the glider. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at *regulations.gov* under Docket No. FAA-2023-1054. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the costs. Conclusion These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. Related Service Information Under 1 CFR Part 51 The FAA reviewed Schempp-Hirth Technical Note 349-43, dated August 9, 2022, which specifies procedures for inspecting the automatic airbrake control connections, including the airbrake bell cranks, for any crack or damage at the welding seams, the airbrake drive funnels for any crack or damage at the welding seams, and the clearance of the airbrake control system, and modifying the airbrake control system by replacing airbrake bell cranks with reinforced airbrake bell cranks and replacing airbrake drive funnels with reinforced drive funnels. The FAA also reviewed Schempp-Hirth Working Instruction for Technical Note 349-43, dated August 9, 2022 (Schempp-Hirth Working Instruction TN 349-43), which specifies procedures for inspecting the clearance of the airbrake control system in the wings, inspecting the airbrake bell crank and airbrake drive funnel to determine if a reinforced airbrake bell crank and a reinforced airbrake drive funnel are already installed, replacing any airbrake bell crank that is not reinforced with a mounting plate having a reinforced airbrake bell crank attached, replacing any airbrake drive funnel that is not reinforced with a reinforced airbrake drive funnel, checking the control system of the wings after installation of any reinforced parts, and adjusting the control system as necessary. This service information also specifies contacting the manufacturer if it is determined that there is interference among the components of the airbrake control system and adjustments to the airbrake control system are needed. 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 . Differences Between This AD and the MCAI Schempp-Hirth Working Instruction TN 349-43 specifies to contact the manufacturer if it is determined that there is interference between the components of the airbrake control system and adjustments to the airbrake control system are needed. This AD requires doing those adjustments in accordance with a method approved by the FAA; EASA; or Schempp-Hirth's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. Schempp-Hirth Working Instruction TN 349-43 specifies to purchase a new mounting plate with a reinforced airbrake bell crank installed from the manufacturer or its international representative. This AD does not specify the source from which new parts should be purchased. Costs of Compliance The FAA estimates that this AD affects 32 gliders 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 * Inspect airbrake bell cranks and drive funnels 4 work-hours × $85 per hour = $340 $0 $340 per inspection cycle $10,880 per inspection cycle. * Inspect clearance of airbrake control system 4 work-hours × $85 per hour = $340 0 $340 per inspection cycle $10,880 per inspection cycle. Replace airbrake bell cranks and drive funnels 8 work-hours × $85 per hour = $680 1,000 $1,680 $53,760. * The cost estimates provided for the inspection of the airbrake bell cranks and drive funnels and the inspection of the airbrake control system clearance are for the first occurrence. If no cracks are found, then the inspection is repeated at intervals not to exceed 100 hours time-in-service. The replacement of the bell cranks and drive funnels occurs if any cracking is found during the inspection (on-condition) or within 12 months (required action), whichever occurs first. The FAA estimates the following costs to do any necessary actions that will be required based on the results of the inspection. The agency has no way of determining the number of gliders that might need this action: On-Condition Costs Action Labor cost Parts cost Cost per product Replace airbrake bell cranks and drive funnels 8 work-hours × $85 per hour = $680 $1,000 $1,680 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, and

(3)Will 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 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: **2023-17-05 Schempp-Hirth Flugzeugbau GmbH:** Amendment 39-22531; Docket No. FAA-2023-1054; Project Identifier MCAI-2022-01513-G.

(a)Effective Date This airworthiness directive

(AD)is effective October 12, 2023.

(b)Affected ADs None.

(c)Applicability This AD applies to Schempp-Hirth Flugzeugbau GmbH (Schempp-Hirth) Model Ventus-2a and Ventus-2b gliders, all serial numbers, certificated in any category.

(d)Subject Joint Aircraft System Component

(JASC)Code 2760, Drag Control System.

(e)Unsafe Condition This AD is prompted by reports of uncommanded extraction of the airbrakes on one or both wings, possibly resulting in reduced control of the glider. The FAA is issuing this AD to address this condition. The unsafe condition, if not addressed, could result in reduced control of the glider.

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

(g)Required Actions

(1)Within 40 days after the effective date of this AD and thereafter at intervals not to exceed 100 hours time-in-service (TIS), do the actions in paragraphs (g)(1)(i) and

(ii)of this AD.

(i)Inspect the airbrake bell cranks and airbrake drive funnels for cracking at the welding seams, in accordance with Action paragraphs

(1a)and

(1b)in Schempp-Hirth Technical Note 349-43, dated August 9, 2022 (Schempp-Hirth TN 349-43).

(ii)Inspect the clearance of the airbrake control system, in accordance with Action paragraph

(1c)in Schempp-Hirth TN 349-43; and Action paragraph (1.c) in Schempp-Hirth Working Instruction for Technical Note 349-43 dated August 9, 2022 (Schempp-Hirth Working Instruction TN 349-43). Where Schempp-Hirth Working Instruction TN 349-43 specifies “if in doubt” use plasticine lines, this AD requires using plasticine lines. **Note 1 to paragraph (g)(1):** This service information contains German to English translation. The European Union Aviation Safety Agency

(EASA)used the English translation in referencing the document from Schempp-Hirth. For enforceability purposes, the FAA will refer to the Schempp-Hirth service information in English as it appears on the document.

(2)If, during any inspection required by paragraph (g)(1)(i) of this AD, any cracking at the welding seams is detected, before next flight, do the applicable corrective actions in accordance with Action paragraph(s) (2a), (2b), (2c), and (2d), in Schempp-Hirth TN 349-43; and Action paragraph(s) (2.a), (2.b), (2.c), and (2.d), in Schempp-Hirth Working Instruction TN 349-43. Where Schempp-Hirth Working Instruction TN 349-43 specifies to purchase a new mounting plate with a reinforced airbrake bell crank installed from the manufacturer or its international representative, this AD does not specify the source from which new parts should be purchased.

(3)If, during any inspection required by paragraph (g)(1)(ii) of this AD, it is determined that there is interference among the components of the airbrake control system and adjustments to the airbrake control system are needed, do those adjustments in accordance with a method approved by the FAA; EASA; or Schempp-Hirth's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(4)Unless already accomplished as required by paragraph (g)(2) of this AD, within 12 months after the effective date of this AD, replace the airbrake bell cranks with reinforced airbrake bell cranks and replace the airbrake drive funnels with reinforced drive funnels, in accordance with Action paragraph

(2d)in Schempp-Hirth TN 349-43; and Action paragraph(s) (2.a), (2.b), (2.c), and (2.d), in Schempp-Hirth Working Instruction TN 349-43. Where Schempp-Hirth Working Instruction TN 349-43 specifies to purchase a new mounting plate with a reinforced airbrake bell crank installed from the manufacturer or its international representative, this AD does not specify the source from which new parts should be purchased.

(5)Replacement on a glider of each airbrake bell crank and airbrake drive funnel with a reinforced airbrake bell crank and a reinforced airbrake drive funnel, as required by paragraph (g)(2) or paragraph (g)(4) of this AD, constitutes terminating action for the repetitive inspections required by paragraph (g)(1) of this AD for that glider. The initial inspection is required for all gliders.

(h)Alternative Methods of Compliance (AMOCs) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (i)(2) of this AD or email to: *9-AVS-AIR-730-AMOC@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.

(i)Additional Information

(1)Refer to EASA AD 2022-0229, dated November 28, 2022, for related information. This EASA AD may be found in the AD docket at *regulations.gov* under Docket No. FAA-2023-1054.

(2)For more information about this AD, contact Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone:

(816)329-4165; email: *jim.rutherford@faa.gov.*

(j)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)Schempp-Hirth Flugzeugbau GmbH Technical Note 349-43, dated August 9, 2022.

(ii)Schempp-Hirth Flugzeugbau GmbH Working Instruction for Technical Note 349-43, dated August 9, 2022. **Note 1 to paragraph (j)(2):** This service information contains German to English translation. EASA used the English translation in referencing the document from Schempp-Hirth Flugzeugbau GmbH. For enforceability purposes, the FAA will refer to the Schempp-Hirth Flugzeugbau GmbH service information in English as it appears on the document.

(3)For service information identified in this AD, contact Schempp-Hirth Flugzeugbau GmbH, Krebenstrasse 25, Kirchheim unter Teck, Germany; phone: +49 7021 7298-0; email: *info@schempp-hirth.com;* website: *schempp-hirth.com.*

(4)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.

(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 August 17, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023-19223 Filed 9-6-23; 8:45 am]

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