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Code · REGISTER · 2023-09-27 · PROPOSED RULES · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service Animal Animal and Plant Health Inspection Service PROPO · Unknown

Unknown. Final rule

4,677 words·~21 min read·/register/2023/09/27/2023-21065

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-2023-09-27.xml --- 88 186 Wednesday, September 27, 2023 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation: Live Dogs for Resale From Regions Where African Swine Fever Exists or is Reasonably Believed to Exist, 66304-66306 2023-20952 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:
Defense Electronics Consortium, 66507 2023-20951 Army Army Department NOTICES Meetings: Advisory Committee on Arlington National Cemetery, 66415-66416 2023-21070 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf, 66501-66507 2023-21038 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:
Advisory Committee on Immunization Practices, 66451-66452 2023-20949 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66452-66453 2023-21122 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medicaid and Children's Health Insurance Program, 66453-66454 2023-21062 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 66375-66376 2023-21083 New Mexico Advisory Committee, 66373-66375 2023-21085 2023-21086 2023-21084 Puerto Rico Advisory Committee, 66374-66375 2023-21087 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Institute on Disability, Independent Living, and Rehabilitation Research Grantee Annual Performance Reporting and Final Report Forms, 66454-66456 2023-21045 Intent to Award a Single-Source Supplement: The Link Center: Bridging Intellectual and/or Developmental Disabilities and Mental Health Systems Cooperative Agreement, 66456-66457 2023-21046 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66432-66433 2023-20979 Arms Sales, 66416-66432 2023-20975 2023-21054 2023-21063 2023-21066 2023-21073 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Literacy State Development Annual Performance Report, 66434-66435 2023-20941 Generic Application Package for Departmental Generic Grant Programs, 66434 2023-20958 School Pulse Panel 2024-25 Preliminary Field Activities, 66433-66434 2023-20964 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Designated Facilities and Pollutants; New Hampshire; Delegation of Authority, 66278-66280 2023-20880 Clean Water Act Section 401 Water Quality Certification Improvement Rule, 66558-66666 2023-20219 PROPOSED RULES Review of Final Rule Reclassification of Major Sources as Area Sources under the Clean Air Act, 66336-66351 2023-21041 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments, 66445-66446 2023-21037 Regional Haze Regulations, 66447-66448 2023-21036 Meetings:
Environmental Financial Advisory Board, 66446-66447 2023-21112 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notification of Claim and Proof of Loss, Working Capital Guarantee, 66448 2023-21044 Farm Service Farm Service Agency NOTICES Funding Availability: 2021 Emergency Livestock Relief Program Phase 2, 66366-66372 2023-21088 Emergency Livestock Relief Program 2022, 66361-66366 2023-21068 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Leonardo S.p.a. Helicopters, 66269-66271 2023-21065 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 66307-66310 2023-20399 Rolls-Royce Deutschland Ltd and Co KG Engines, 66314-66319 2023-21082 2023-21090 The Boeing Company Airplanes, 66310-66314 2023-19797 Update and Clarification of the Passenger Facility Charge Regulations, 66319-66336 2023-20559 NOTICES Airport Property: Salisbury-Ocean City: Wicomico Regional Airport, Salisbury, MD, 66550 2023-21035 Petition for Exemption;
Summary: Billings Flying Service, 66549-66550 2023-21061 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66448-66449 2023-20972 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receivership, 66449 2023-21039 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Shelter Resident Assessment Tool V2.0, 66478 2023-20981 Standard Flood Hazard Determination Form, 66491-66492 2023-20982 Disaster or Emergency Declaration and Related Determination:
Alabama; Amendment No. 9, 66486-66487 2023-20991 California; Amendment No. 2, 66473 2023-20984 California; Amendment No. 6, 66493 2023-21003 California; Amendment No. 7, 66489 2023-21004 Florida; Amendment No. 8, 66477-66478 2023-20986 Georgia; Amendment No. 9, 66494 2023-20990 Guam; Amendment No. 4, 66477 2023-21009 Hawaii; Amendment No. 1, 66488-66489 2023-21023 Illinois, 66475 2023-21028 Kentucky; Amendment No. 1, 66468 2023-21007 Kentucky; Amendment No. 11, 66486 2023-20996 Kentucky;
Amendment No. 13, 66493 2023-21000 Kentucky; Amendment No. 2, 66466-66467 2023-21006 Kentucky; Amendment No. 4, 66481 2023-20997 Kentucky; Amendment No. 9, 66492 2023-20989 Minnesota, 66488 2023-21020 Mississippi, 66479-66480 2023-21027 Mississippi; Amendment No. 4, 66493 2023-21002 Mississippi; Amendment No. 9, 66474 2023-20993 Montana, 66494-66495 2023-21025 Montana; Amendment No. 1, 66467 2023-21026 New Jersey, 66487 2023-21024 New Mexico; Amendment No. 14, 66472 2023-20998 New Mexico;
Amendment No. 15, 66467 2023-20999 New York, 66480 2023-21021 New York; Amendment No. 1, 66479 2023-21022 North Carolina; Amendment No. 9, 66488 2023-20987 Oklahoma, 66482 2023-21018 Oklahoma; Amendment No. 1, 66477 2023-21019 Poarch Band of Creek Indians; Amendment No. 7, 66473 2023-20995 Seminole Tribe of Florida; Amendment No. 7, 66489 2023-20994 South Carolina; Amendment No. 9, 66468 2023-20988 Tennessee; Amendment No. 1, 66480-66481, 66483 2023-21008 2023-21029 Tennessee;
Amendment No. 2, 66469, 66487 2023-21001 2023-21005 Tennessee; Amendment No. 9, 66482-66483 2023-20992 Vermont, 66481, 66492 2023-20985 2023-21010 Vermont; Amendment No. 1, 66493-66494 2023-21011 Vermont; Amendment No. 2, 66472-66473 2023-21012 Vermont; Amendment No. 3, 66472 2023-21013 Vermont; Amendment No. 4, 66482 2023-21014 Vermont; Amendment No. 5, 66479 2023-21015 Vermont; Amendment No. 6, 66468 2023-21016 Vermont; Amendment No. 7, 66494 2023-21017 Flood Hazard Determinations, 66469-66472, 66474-66476, 66483-66486, 66489-66491 2023-21030 2023-21031 2023-21032 2023-21033 2023-21034 Federal Energy Federal Energy Regulatory Commission NOTICES Application:
County of Coconino, AZ, 66436-66437 2023-21104 Golden Triangle Storage, LLC, 66442-66444 2023-21047 RAMM Power Group, LLC, 66442 2023-21105 Authorization for Continued Project Operation: Fall River Rural Electric Cooperative, Inc., 66445 2023-21109 Green Mountain Power Corp., 66438 2023-21108 Pyrites Hydro, LLC, 66437-66438 2023-21107 Watson Associates LP, 66444-66445 2023-21106 Combined Filings, 66435-66436, 66439 2023-21096 2023-21097 Environmental Assessments; Availability, etc.:
Erie Boulevard Hydropower, LP, 66444 2023-21111 Montana Department of Natural Resources and Conservation, 66438-66439 2023-21048 Power Authority of the State of New York, 66438 2023-21110 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Hardin Solar Energy II LLC, 66437 2023-21094 Scoping Period: Golden Triangle Storage, LLC, 66439-66441 2023-21095 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;
Availability, etc.: Delaware County, NY; Rescinding Notice of Intent, 66550-66551 2023-21056 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 66449-66450 2023-21162 2023-21163 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Hearing, 66551-66552 2023-20957 Qualification of Drivers; Narcolepsy, 66552-66553 2023-20965 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 66450 2023-21075 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Performance Review Board Members, 66450 2023-21055 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Reclassification of the Relict Darter from Endangered to Threatened with a Section 4(d) Rule, 66280-66296 2023-20945 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Reclassifying the Virgin Islands Tree Boa From Endangered to Threatened With a Section 4(d) Rule, 66351-66360 2023-20946 Food and Drug Food and Drug Administration NOTICES Guidance:
Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions;, 66458-66460 2023-20955 Hazard Analysis and Risk-Based Preventive Controls for Human Food, 66457-66458 2023-20738 Request for Information: Discussion Paper: Artificial Intelligence in Drug Manufacturing, 66460-66461 2023-20902 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Egg Products Hazard Analysis and Critical Control Point and Sanitation Standard Operating Procedures, 66372-66373 2023-21053 General Services General Services Administration NOTICES Meetings:
Office of Federal High-Performance Green Buildings; Green Building Advisory Committee, 66450-66451 2023-20967 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66461-66462 2023-21098 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.
Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Technical Assistance Request and Evaluation, 66495-66496 2023-21067 Uyghur Forced Labor Prevention Act Entity List, 66496-66498 2023-21131 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval by Operation of Law of Tribal-State Class III Gaming Compact in the State of California (Middletown Rancheria of Pomo Indians of California and State of California), 66500 2023-20971 Approval of Tribal-State Class III Gaming Compact Amendment between Cowlitz Indian Tribe and the State of Washington, 66499 2023-20970 Approval of Tribal-State Class III Gaming Compact Amendment between Jamestown S'Klallam Tribe and the State of Washington, 66500-66501 2023-20969 Approval of Tribal-State Class III Gaming Compact Amendment between Nisqually Indian Tribe and the State of Washington, 66500 2023-20968 Approval of Tribal-State Class III Gaming Compact Amendment between Suquamish Tribe and the State of Washington, 66499-66500 2023-20973 Industry Industry and Security Bureau RULES Addition of Entities and Revision to Existing Entities on the Entity List;
Removal of Existing Entity from the Military End User List, 66271-66278 2023-21080 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cognitive and Psychological Research Coordinated by Statistics of Income on Behalf of All IRS Operations Functions, 66553-66554 2023-21052 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Frozen Warmwater Shrimp from the People's Republic of China, 66377-66380 2023-21121 Pure Magnesium in Granular Form from the People's Republic of China, 66376-66377 2023-20940 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Honey from China, 66507 2023-21091 Justice Department Justice Department See Antitrust Division See Justice Programs Office Justice Programs Justice Programs Office NOTICES Request for Membership Applications:
Forensic Laboratory Needs-Technology Working Group, 66507-66508 2023-21092 Morris K. Morris K. and Stewart L. Udall Foundation NOTICES Meetings; Sunshine Act, 66508 2023-21283 National Archives National Archives and Records Administration See Office of Government Information Services National Institute National Institutes of Health NOTICES Licenses; Exemptions, Applications, Amendments etc.: Prospective Grant of an Exclusive Patent License, Development and Commercialization of Engineered T Cell Therapies for the Treatment of Cancer, 66463 2023-21050 Meetings:
Center for Scientific Review, 66462-66465 2023-20977 2023-20980 National Cancer Institute, 66463-66464 2023-20956 National Institute of Allergy and Infectious Diseases, 66462 2023-20978 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska, 66298-66299 2023-21074 Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Atka mackerel in the Bering Sea and Aleutian Islands Management Area, 66297-66298 2023-20976 Fisheries of the Exclusive Economic Zone off Alaska:
Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 66296-66297 2023-21051 NOTICES Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 66413-66414 2023-21058 Gulf of Mexico Fishery Management Council, 66392-66393 2023-21057 2023-21060 Pacific Fishery Management Council, 66380 2023-20948 South Atlantic Fishery Management Council, 66413 2023-21059 Taking or Importing of Marine Mammals: Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 66409-66413 2023-20947 Marine Geophysical Survey in Coastal Waters off of Texas, 66380-66392 2023-21089 U.S.
Coast Guard Construction in Astoria, OR, 66393-66409 2023-20534 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 66509 2023-20944 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Confirmatory Order: In the Matter of American Centrifuge Operating, LLC; American Centrifuge Operating Oak Ridge, 66509-66513 2023-21079 OGIS Office of Government Information Services NOTICES Meetings: Chief Freedom of Information Act Officers Council, 66508-66509 2023-21049 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: DOCX Submission Requirements, 66414-66415 2023-21099 Joint ITA-NIST-USPTO Collaboration Initiative Regarding Standards, 66415 2023-20919 Personnel Personnel Management Office PROPOSED RULES Federal Employees' Retirement System: Present Value Conversion Factors for Spouses of Deceased Separated Employees; Correction, 66304 2023-20963 Prevailing Rate Systems: North American Industry Classification System Based Federal Wage System Wage Surveys, 66300-66303 2023-21069 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 66513-66515 2023-20939 2023-21118 Postal Service Postal Service NOTICES Product Change:
Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 66515 2023-20942 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Child Soldiers Prevention Act of 2008; Delegation of Authority Under Section 404(c) (Memorandum of September 15, 2023), 66667-66669 2023-21372 Child Soldiers Prevention Act of 2008; Presidential Determination and Certification (Presidential Determination No. 2023-11 of September 15, 2023), 66671-66672 2023-21374 Major Drug Transit or Major Drug Illicit Countries for Fiscal Year 2024;
Presidential Determination (Presidential Determination No. 2023-12 of September 15, 2023), 66673-66675 2023-21378 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 66515-66526 2023-20959 Cboe Exchange, Inc., 66526-66533 2023-20961 MIAX PEARL, LLC, 66533-66541 2023-20960 The Nasdaq Stock Market, LLC, 66541-66547 2023-20962 State Department State Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Welcome Corps Application, 66547-66548 2023-21042 Surface Transportation Surface Transportation Board NOTICES Exemption: Continuance in Control; OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc., OmniTRAX SBVR, LLC d/b/a South Branch Valley Railroad, 66549 2023-21077 Operation; OmniTRAX SBVR, LLC d/b/a South Branch Valley Railroad, Railroad Line of West Virginia State Rail Authority in Hampshire, Hardy, and Grant Counties, WV, 66548-66549 2023-21076 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigrant Petition for Alien Workers, 66498-66499 2023-21113 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trusted Traveler Programs and U.S. Asia-Pacific Economic Cooperation Business Travel Card, 66465-66466 2023-21072 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Program of Comprehensive Assistance for Family Caregivers, 66554-66555 2023-21116 Separate Parts In This Issue Part II Environmental Protection Agency, 66558-66666 2023-20219 Part III Presidential Documents, 66667-66669, 66671-66675 2023-21372 2023-21374 2023-21378 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. 88 186 Wednesday, September 27, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.
FAA-2023-1207; Project Identifier MCAI-2022-00925-R; Amendment 39-22533; AD 2023-17-07] RIN 2120-AA64 Airworthiness Directives; Leonardo S.p.a. Helicopters AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This AD was prompted by a report of an electrical failure of a starter-generator caused by a ruptured drive shaft. This AD requires visually inspecting the drive shaft of an affected starter-generator and depending on the results, performing a dye penetrant inspection. Depending on the results of the dye penetrant inspection, this AD requires replacing the starter-generator, as specified in a European Union Aviation Safety Agency
(EASA)AD, which is incorporated by reference (IBR). The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 1, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 1, 2023. ADDRESSES: *AD Docket:* You may examine the AD docket at *regulations.gov* under Docket No.FAA-2023-1207; 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, 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 EASA material incorporated by reference in this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu;* internet *easa.europa.eu.* You may find the EASA material on the EASA website at *ad.easa.europa.eu.* • You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call
(817)222-5110. The EASA material is also available at *regulations.gov* under Docket No. FAA-2023-1207. *Other Related Service Information:* For Leonardo Helicopters service information identified in this final rule, contact Leonardo S.p.A., Emanuele Bufano, Head of Airworthiness, Viale G. Agusta 520, 21017 C. Costa di Samarate
(Va)Italy; telephone (+39) 0331-225074; fax (+39) 0331-229046; or at *customerportal.leonardocompany.com/en-US/.* You may also view this service information at the FAA contact information under Material Incorporated by Reference above. FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
(303)342-1080; email *hal.jensen@faa.gov.* SUPPLEMENTARY INFORMATION: Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2022-0148, dated July 14, 2022 (EASA AD 2022-0148), to correct an unsafe condition for Leonardo S.p.A. Model A119 and AW119MKII helicopters. The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. Model A119 and AW119 MKII helicopters. The NPRM published in the **Federal Register** on June 9, 2023 (88 FR 37810). The NPRM was prompted by a report of an electrical failure of a starter-generator, caused by a ruptured drive shaft, which was not detected by the generator control unit and caused partial loss of battery power. The NPRM proposed to require visually inspecting the drive shaft of an affected starter-generator and depending on the results, performing a dye penetrant inspection. Depending on the results of the dye penetrant inspection, the NPRM proposed to require replacing the starter-generator, as specified in EASA AD 2022-0148. The FAA is issuing this AD to prevent electrical failure of the starter-generator, which could result in complete loss of electrical power and subsequent loss of control of the helicopter. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the costs. Conclusion These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with the European Union, EASA has notified the FAA of the unsafe condition described in its AD. 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 helicopters. Related Service Information Under 1 CFR Part 51 EASA AD 2022-0148 requires a one-time inspection of the drive shaft of the affected starter-generator and, depending on findings, replacing the affected part with a serviceable part as defined therein. EASA AD 2022-0148 also requires reporting the inspection results (including no findings) to Leonardo and implementing improved removal and reinstallation procedures for the starter-generator. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES . Other Related Service Information The FAA reviewed Leonardo Helicopters Alert Service Bulletin No. 119-121, dated June 21, 2022. This service information specifies procedures for performing visual and dye penetrant inspections and for replacing a starter-generator. Differences Between This AD and the EASA AD Service information referenced in EASA AD 2022-0148 does not specify a compliance time to proceed with subsequent procedures if there is misalignment or if the alignment is not clear, whereas this AD requires proceeding with those subsequent procedures before further flight. Service information referenced in EASA AD 2022-0148 specifies contacting LH [Leonardo Helicopters] spare management to send a starter-generator directly to an authorized repair station for repair and sending a starter-generator directly to an authorized repair station for repair, whereas this AD does not require those actions. EASA AD 2022-0148 specifies reporting inspection results to Leonardo, whereas this AD does not. Costs of Compliance The FAA estimates that this AD affects 136 helicopters of U.S. registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this AD. Visually inspecting a starter-generator drive shaft will take about 1 work-hour for an estimated cost of $85 per helicopter and $11,560 for the U.S. fleet. If required, dye-penetrant inspecting a starter-generator drive shaft will take about 3 work-hours for an estimated cost of $255 per helicopter. If required, replacing a starter-generator will take about 2 work-hours and parts will cost about $11,500 for an estimated cost of $11,670 per helicopter. 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: **AD 2023-17-07 Leonardo S.p.a.:** Amendment 39-22533; Docket No. FAA-2023-1207; Project Identifier MCAI-2022-00925-R.
(a)Effective Date This airworthiness directive
(AD)is effective November 1, 2023.
(b)Affected ADs None.
(c)Applicability This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII helicopters, certificated in any category.
(d)Subject Joint Aircraft Service Component
(JASC)Code: 2435, Starter-Generator.
(e)Unsafe Condition This AD was prompted by a report of an electrical failure of a starter-generator that was caused by a ruptured drive shaft. The failure was not detected by the generator control unit and caused partial loss of battery power. The FAA is issuing this AD to prevent electrical failure of the starter-generator, possibly due to incorrect installation or removal. The unsafe condition, if not addressed, could result in complete loss of electrical power and subsequent loss of control of the helicopter.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Requirements Except as specified in paragraphs
(h)and
(i)of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency EASA AD 2022-0148, dated July 14, 2022 (EASA AD 2022-0148).
(h)Exceptions to EASA AD 2022-0148
(1)Where EASA AD 2022-0148 refers to its effective date, this AD requires using the effective date of this AD.
(2)Where EASA AD 2022-0148 requires compliance in terms of flight hours, this AD requires using hours time-in-service.
(3)Where paragraph
(1)of EASA AD 2022-0148 states to, “inspect the drive shaft;” for this AD, replace that text with,” inspect the drive shaft for misalignment and a crack.”
(4)Where the service information referenced in EASA AD 2022-0148 specifies to proceed with subsequent procedures if there is misalignment or if the alignment is not clear; for this AD, proceed with those subsequent procedures before further flight.
(5)Where the service information referenced in EASA AD 2022-0148 states, “with reference to Annex A, perform a liquid penetrant inspection of the drive-shaft, in order to detect the presence of eventual cracks;” for this AD, replace that text with “With reference to Annex A, perform a dye penetrant inspection of the drive-shaft in order to detect any cracks.”
(6)Where the service information referenced in paragraph
(1)of EASA AD 2022-0148 specifies contacting LH [Leonardo Helicopters] spare management to send a starter-generator directly to an authorized repair station for repair and sending the starter-generator to an authorized repair station for repair, this AD does not require those actions.
(7)Where paragraphs
(2)and
(4)of EASA AD 2022-0148 state, “Part II of the ASB;” for this AD, replace that text with, “AMP Data Modules 19-A-24-30-04-00A-520A-A, Starter Generator-Remove Procedure and 19-A-24-30-04-00A-720A-A, Starter Generator-Install Procedure, each Issue 001 and dated May 24, 2021. Except where AMP Data Module 19-A-24-30-04-00A-520A-A Starter Generator-Remove Procedure specifies discarding parts, for this AD, remove those parts from service.”
(8)This AD does not require paragraph
(3)of EASA AD 2022-0148.
(9)This AD does not adopt the “Remarks” section of EASA AD 2022-0148.
(i)No Reporting Requirement Although the service information referenced in EASA AD 2022-0148 specifies to submit certain information to the manufacturer, this AD does not include that requirement.
(j)Special Flight Permit Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199, provided they are restricted to visual flight rules
(VFR)with night operations prohibited and no passengers are onboard.
(k)Alternative Methods of Compliance (AMOCs)
(1)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 toyour principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph
(l)of this AD. Information may be emailed to: *9-AVS-AIR-730-AMOC@faa.gov.*
(2)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.
(l)Related Information For more information about this AD, contact Hal Jensen, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
(303)342-1080; email *hal.jensen@faa.gov.*
(m)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)European Union Aviation Safety Agency
(EASA)AD 2022-0148, dated July 14, 2022.
(ii)[Reserved]
(3)For EASA AD 2022-0148, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu;* internet *easa.europa.eu.* You may find the EASA material on the EASA website at *ad.easa.europa.eu.*
(4)You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. 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 22, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023-21065 Filed 9-26-23; 8:45 am]
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