Unknown. Final rule; request for comments

5,259 words·~24 min read·/register/2023/10/04/2023-22145·

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-2023-10-04.xml --- 88 191 Wednesday, October 4, 2023 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68619-68621 2023-22089 Patient Safety Organizations: Voluntary Relinquishment for The Envision Healthcare Center for Quality and Patient Safety, 68615-68616 2023-22076 Supplemental Evidence and Data Request on Mental Health and Occupational Stress in the Emergency Medical Service and 911 Workforce, 68616-68619 2023-21915 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Almonds Grown in California:

Marketing Order No. 981, 68500-68506 2023-21701 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68559-68561 2023-21907 2023-21963 Meetings: Equity Commission, 68561-68562 2023-21918 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68588-68589 2023-21910 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Fiscal Year 2024 Inpatient Psychiatric Facilities Prospective Payment System—Rate Update; Correction, 68491-68493 2023-22053 Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2024 Rates; etc.; Correction, 68482-68486 2023-22060 Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2024 and Updates to the Inpatient Rehabilitation Facility Quality Reporting Program;

Correction, 68494-68495 2023-22051 Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program and Value-Based Purchasing Program for Federal Fiscal Year 2024; Correction, 68486-68491 2023-22050 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68621 2023-22044 Privacy Act; Matching Program, 68621-68622 2023-22003 Children Children and Families Administration PROPOSED RULES Unaccompanied Children Program Foundational Rule, 68908-69002 2023-21168 NOTICES Intent to Award an Unsolicited Cooperative Agreement:

Church World Services Headquartered in New York, NY, 68623 2023-22028 Civil Rights Civil Rights Commission NOTICES Meetings: Minnesota Advisory Committee; Cancellation, 68564 2023-21911 Tennessee Advisory Committee, 68564 2023-21916 Coast Guard Coast Guard RULES Regulated Area: San Francisco Bay Navy Fleet Week Parade of Ships and Blue Angels Demonstration, San Francisco, CA, 68462-68463 2023-21977 Safety Zone: Upper Mississippi River MM 660.5-659.5, Lansing, IA, 68463-68465 2023-21885 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Small Business Innovation Research Program Application Cover Sheet, 68565 2023-22063 Consumer Product Consumer Product Safety Commission NOTICES BJ's Wholesale Club, Inc., 68589-68591 2023-21985 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV), 68527-68529 2023-21123 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68591-68592 2023-22105 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Fisher Clinical Services, Inc., 68671-68672 2023-21972 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Request for Information: Coverage of Over-the-Counter Preventive Services, 68519-68525 2023-21969 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Performance Review Board Members, 68592-68593 2023-22001 2023-22002 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Kentcuky; Redesignation of the Northern Kentucky Portion of the Cincinnati, OH-KY 2015 8-Hour Ozone Nonattainment Area to Attainment, 68471-68475 2023-21866 Missouri; Control of Emissions from Volatile Organic Liquid Storage, 68469-68471 2023-22088 South Carolina: New Source Review Updates, 68465-68469 2023-21722 Pesticide Tolerances: Cypermethrin, 68475-68481 2023-21821 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 68532-68534 2023-21970 New York; Emission Statement Program, 68529-68532 2023-21971 New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels), 68535-68553 2023-21976 NOTICES Approval Status: Plan for the Federal Certification of Applicators within Indian Country, 68604-68606 2023-21997 Meetings:

Local Government Advisory Committee and Small Communities Advisory Subcommittee, 68604 2023-21909 Proposed Consent Decree: Clean Air Act Citizen Suit, 68606-68607 2023-22081 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Dassault Aviation Airplanes, 68454-68456 2023-22068 General Electric Company Engines, 68451-68453 2023-22145 PROPOSED RULES Airspace Designations and Reporting Points: Arkansas, 68512-68514 2023-21896 Eastern United States, 68514-68519 2023-21895 2023-21897 San Juan Luis Munoz Marin International Airport, PR, 68509-68512 2023-21894 Modernization of Special Airworthiness Certification, 68507-68509 2023-21887 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services:

Jacksonville, OR, 68557-68558 2023-22062 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Technical Mapping Advisory Council, 68643-68644 2023-22079 Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects, 68644-68646 2023-22005 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 68595 2023-22046 Combined Filings, 68593-68594, 68597-68598, 68602-68604 2023-21905 2023-21906 2023-22016 2023-22017 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Amcor Storage LLC, 68599-68600 2023-22025 Bird Dog Solar, LLC, 68599 2023-22022 Blackwater Solar, LLC, 68596 2023-22021 Cane Creek Solar, LLC, 68596-68597 2023-22024 PGR 2022 Lessee 4, LLC, 68598-68599 2023-22023 Wind Stream Properties, LLC, 68595 2023-22019 Records Governing Off-the-Record Communications, 68594-68595 2023-21904 Request for Temporary Waiver: Moonrise Midstream, LLC, 68601-68602 2023-22018 Request Under Blanket Authorization and Establishing Intervention and Protest Deadline:

Portland Natural Gas Transmission System, 68600-68601 2023-21917 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68608-68609 2023-22075 Agreements Filed, 68609 2023-22074 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 68609-68610 2023-22091 Federal Trade Federal Trade Commission NOTICES Horseracing Integrity and Safety Authority Proposed Budget, 68610-68615 2023-22058 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Issuance of Enhancement of Survival and Incidental Take Permits for Safe Harbor Agreements, Candidate Conservation Agreements, Conservation Plans, and Recovery Activities; January 1, 2022, through December 31, 2022, 68649-68661 2023-21982 Permits; Applications, Issuances, etc.: Foreign Endangered Species, 68661-68663 2023-21998 Food and Drug Food and Drug Administration NOTICES Determinations: ULTRAM (Tramadol Hydrochloride) Tablets, 50 Milligrams, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 68623-68624 2023-21990 Meetings:

Oncologic Drugs Advisory Committee, 68627-68628 2023-21984 Revocation of Authorization of Emergency Use: Becton, Dickinson and Company Vacutainer Plus Citrate Plasma Tubes (UK Manufacturing Site), 68625-68626 2023-21995 User Fee Rates for Fiscal Year 2024: Change of Address, 68624-68625 2023-21989 Withdrawal of Approval of 11 Abbreviated New Drug Applications: Dr. Reddy's Laboratories, Inc., 68628-68629 2023-21992 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 68905-68906 2023-21965 Forest Forest Service NOTICES Newspapers Used for Publication of Legal Notices in the Southwestern Region:

Arizona, New Mexico, and parts of Oklahoma and Texas, 68562-68564 2023-21979 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES National Institute on Minority Health and Health Disparities Research Endowment Programs, 68553-68557 2023-21750 Request for Information:

Coverage of Over-the-Counter Preventive Services, 68519-68525 2023-21969 NOTICES Meetings: President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, 68629-68630 2023-21981 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Privacy Act; Systems of Records, 68647-68649 2023-21975 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Tribal-State Class III Gaming Compact Amendment between Lower Sioux Indian Community and the State of Minnesota, 68663 2023-22029 Approval of Tribal-State Class III Gaming Compact Amendment between Prairie Island Indian Community and the State of Minnesota, 68663 2023-22027 Indian Health Indian Health Service NOTICES Special Diabetes Program for Indians, 68630-68639 2023-22057 Industry Industry and Security Bureau NOTICES Denial of Export Privileges:

Carlos Eduardo Zepeda, 68568-68569 2023-21900 Jacques Yves Sebastien Duroseau, 68567-68568 2023-21901 Leonel Molina, Jr., 68565-68566 2023-21902 Saphara Lynn Anderson, 68566-68567 2023-21899 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Preparer Tax Identification Number User Fee Update, 68456-68459 2023-22103 PROPOSED RULES Preparer Tax Identification Number User Fee Update, 68525-68527 2023-22104 Request for Information:

Coverage of Over-the-Counter Preventive Services, 68519-68525 2023-21969 International Trade Adm International Trade Administration NOTICES North American Free Trade Agreement; Binational Panel Review: Completion, 68569 2023-21993 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Aluminum Lithographic Printing Plates from China and Japan, 68669-68670 2023-21930 Certain Activated Carbon from China, 68670-68671 2023-22065 Paper File Folders from China, India, and Vietnam, 68670 2023-22055 Steel Wire Garment Hangers from Taiwan and Vietnam, 68669 2023-21980 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Procurement Collusion Strike Force Complaint Form, 68672-68673 2023-22102 Proposed Consent Decree, 68672 2023-21961 2023-21966 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claim Adjudication Process for the Alleged Presence of Pneumoconiosis, 68673-68674 2023-21921 Issuance of Insurance Policy, 68674 2023-21922 Land Land Management Bureau NOTICES Meetings:

Wyoming Resource Advisory Council, 68663-68664 2023-22043 Library Library of Congress See Copyright Royalty Board National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 68640-68642 2023-21888 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 68640 2023-22030 National Cancer Institute, 68639 2023-21974 National Human Genome Research Institute, 68639 2023-21889 National Institute of Mental Health, 68640 2023-21891 National Institute on Drug Abuse, 68639 2023-22045 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2023 Commercial and Recreational Closures for Gag in the South Atlantic, 68497-68498 2023-21914 Reef Fish Resources of the Gulf of Mexico; 2023 Recreational Harvest Closure for Gag, 68495-68496 2023-22054 Re-Opening of the Commercial Sector for Red Snapper in the South Atlantic, 68496-68497 2023-22048 Fisheries of the Northeastern United States:

Atlantic Bluefish Fishery; Quota Transfers from Virginia and Delaware to North Carolina, 68498-68499 2023-22092 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States-Canada Albacore Treaty Reporting System, 68586-68587 2023-21994 Environmental Impact Statements; Availability, etc.: Incidental Take Statement under the Endangered Species Act for Salmon Fisheries in Southeast Alaska Subject to the Pacific Salmon Treaty, 68572-68575 2023-21913 Meetings:

Marine Fisheries Advisory Committee, 68569-68570 2023-22004 New England Fishery Management Council, 68570 2023-21991 Request for Applications: United States Integrated Ocean Observing System Advisory Committee, 68570-68572 2023-22090 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Mole Pier South Berth Floating Dry Dock Project, 68575-68586 2023-21920 National Park National Park Service NOTICES Intent to Extend and Continue Concession Contracts and Award Temporary Concession Contracts, 68664-68667 2023-21908 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Public Wireless Supply Chain Innovation Fund Program Performance Progress Report, 68587-68588 2023-21996 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Framework for Fusion Systems, 68506-68507 2023-21988 NOTICES Proposed Revision to Standard Review Plan: Introduction—Transient and Accident Analyses, 68674-68675 2023-22052 Ocean Energy Management Ocean Energy Management Bureau RULES Conformity with the Inflation Reduction Act for Renewable Energy on the Outer Continental Shelf, 68460-68462 2023-21713 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Child Health Day (Proc. 10642), 68441-68443 2023-22243 Cybersecurity Awareness Month (Proc. 10633), 68423-68424 2023-22220 National Arts and Humanities Month (Proc. 10634), 68425-68426 2023-22222 National Breast Cancer Awareness Month (Proc. 10635), 68427-68428 2023-22230 National Clean Energy Action Month (Proc. 10636), 68429-68430 2023-22235 National Community Policing Week (Proc. 10641), 68439-68440 2023-22242 National Disability Employment Awareness Month (Proc. 10637), 68431-68432 2023-22236 National Domestic Violence Awareness and Prevention Month (Proc. 10638), 2023-22239 National Youth Justice Action Month (Proc. 10639), 68435-68436 2023-22240 National Youth Substance Use Prevention Month (Proc. 10640), 68437-68438 2023-22241 Sen.

Dianne Feinstein; Death (Proc. 10643), 68445 2023-22244 EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Continuance of Certain Federal Advisory Committees and Amendments to Other Executive Orders (EO 14109), 68447-68450 2023-22250 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 68675 2023-22153 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: December 2016 Record of Decision Entitled Glen Canyon Dam Long-Term Experimental and Management Plan, 68667-68669 2023-22077 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68726, 68841 2023-21923 2023-21924 2023-21927 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Conditions To Permissible Post-Filing Free Writing Prospectuses, 68784 2023-21925 Form CB, Tender Offer/Rights Offering Notification Form; Extension, 68851 2023-21926 Tender Offer--Regulation; Extension, 68784-68785 2023-21928 Application: Accordant ODCE Index Fund and Accordant Investments LLC, 68840 2023-21893 Alti Private Equity Access and Commitments Fund and ALTI, LLC, 68902-68903 2023-21929 Baseline CRE Income Fund and Baseline Partners, LLC, 68840-68841 2023-21898 Deregistration under the Investment Company Act, 68839-68840 2023-22049 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BYX Exchange, Inc., 68798-68800 2023-22010 Cboe BZX Exchange, Inc., 68715-68718, 68758-68760, 68785-68790, 68801-68803, 68822-68827, 68830-68833, 68849-68851, 68888-68889 2023-21949 2023-21954 2023-21957 2023-21959 2023-21962 2023-21968 2023-22009 2023-22013 2023-22037 Cboe C2 Exchange, Inc., 68859-68861 2023-22012 Cboe EDGA Exchange, Inc., 68677-68680 2023-22015 Cboe EDGX Exchange, Inc., 68730-68734, 68774-68777, 68846-68849, 68852-68854 2023-21937 2023-21960 2023-22014 2023-22031 Cboe Exchange, Inc., 68700-68705, 68793-68798, 68803, 68819-68822, 68833-68837, 68896-68902 2023-21939 2023-21940 2023-21943 2023-21953 2023-21958 2023-22036 2023-22040 Financial Industry Regulatory Authority, Inc., 68855-68857 2023-21956 Fixed Income Clearing Corp., 68803-68811 2023-21938 ICE Clear Credit, LLC, 68698-68700 2023-21944 Investors Exchange, LLC, 68709-68715, 68790-68791, 68844-68846 2023-21932 2023-21955 2023-22008 MEMX, LLC, 68692-68697, 68762-68768 2023-21934 2023-22011 Miami International Securities Exchange, LLC, 68827-68830 2023-22033 MIAX Emerald, LLC, 68680-68684 2023-22032 MIAX PEARL, LLC, 68705-68709, 68736-68758, 68770-68774 2023-21933 2023-21951 2023-22034 Nasdaq ISE, LLC, 68841-68844 2023-22006 Nasdaq MRX, LLC, 68890-68894 2023-21942 Nasdaq PHLX, LLC, 68885-68887 2023-22007 National Securities Clearing Corp., 68777-68784 2023-21936 New York Stock Exchange, LLC, 68675-68677, 68718-68725, 68811-68819 2023-22038 2023-22041 2023-22042 NYSE American, LLC, 68857-68858 2023-21941 NYSE Arca, Inc., 68684-68692, 68837-68839, 68862-68884 2023-21947 2023-21952 2023-22039 NYSE Chicago, Inc., 68734-68735 2023-21935 NYSE National, Inc., 68792-68793 2023-21950 The Nasdaq Stock Market, LLC, 68726-68730, 68760-68762, 68768-68770, 68894-68896 2023-21931 2023-21946 2023-21948 2023-22035 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 68903 2023-21919 Disaster Declaration: Pennsylvania, 68903 2023-21903 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68903-68904 2023-21973 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Walasse Ting: Parrot Jungle, 68905 2023-21999 Release of the Department of State's FY 2021 Service Contract Inventory, 68904-68905 2023-22072 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Tribal Opioid Response Consultation, 68642-68643 2023-21967 Trade Representative Trade Representative, Office of United States NOTICES Determination Regarding Waiver of Discriminatory Purchasing Requirements with Respects to Goods and Services of North Macedonia, 68905 2023-22026 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Income and Asset Statement in Support of Claim for Pension or Parents' Dependency and Indemnity Compensation, 68906 2023-22087 Separate Parts In This Issue Part II Health and Human Services Department, Children and Families Administration, 68908-69002 2023-21168 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. 88 191 Wednesday, October 4, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2023-1988; Project Identifier AD-2023-00991-E; Amendment 39-22567; AD 2023-20-08] RIN 2120-AA64 Airworthiness Directives; General Electric Company Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain General Electric Company

(GE)Model CF6-80C2B1F, CF6-80C2B2F, CF6-80C2B4F, CF6-80C2B5F, CF6-80C2B6F, CF6-80C2B7F, and CF6-80C2K1F engines. This AD was prompted by an uncontained engine fire and consequent manufacturer investigation, which revealed that certain bearings were installed improperly. This AD requires inspection of the magnetic chip detector

(MCD)probe tip for metallic particles and, if necessary, removal of the engine from service. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 19, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 19, 2023. The FAA must receive comments on this AD by November 20, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • *Federal eRulemaking Portal:* Go to *regulations.gov.* Follow the instructions for submitting comments. • *Fax:*

(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *AD Docket:* You may examine the AD docket at *regulations.gov* under Docket No. FAA-2023-1988; 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. *Material Incorporated by Reference:* • For service information identified in this final rule, contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone:

(513)552-3272; email: *aviation.fleetsupport@ae.ge.com.* • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. 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-2023-1988. FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:

(781)238-7241; email: *sungmo.d.cho@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-2023-1988; Project Identifier AD-2023-00991-E” 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 Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background On January 2, 2023, a Boeing Model B767-300 airplane, powered by GE Model CF6-80C2B6F engines experienced an uncontained engine fire during flight, resulting in a commanded in-flight shut-down and air turn-back. A consequent investigation by Korea's Aviation and Railway Accident Investigation Board revealed that the root cause of the event was the failure of the number 5R bearing due to misalignment of the 5R bearing outer ring in the 5R bearing housing. On August 4, 2023, during disassembly of a CF6-80C2 engine that failed its new engine (pre-delivery) acceptance test, the manufacturer discovered that the number 4R bearing was improperly installed. The 4R and 5R bearings utilize the same MCD and therefore inspection of the MCD is necessary to detect degradation to bearings and subsequent bearing failure. Failure of a bearing, if not addressed, could result in engine fire and damage to the airplane. 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. Related Service Information Under 1 CFR Part 51 The FAA reviewed GE CF6-80C2 Service Bulletin 72-1631, R00, dated August 25, 2023. This service information specifies procedures for inspection of the MCD for metallic particles. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES . AD Requirements This AD requires inspection of the MCD for metallic particles that cover more than 10 percent of the probe tip and, if necessary, removal of the engine from service. Interim Action The FAA considers this AD to be an interim action. This unsafe condition is still under investigation by the manufacturer and, depending on the results of that investigation, the FAA may consider further rulemaking action. 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. The presence of improperly installed number 4R or 5R bearings, discovered after the January 2, 2023 engine fire and the August 4, 2023 GE CF6-80C2 engine disassembly, could lead to bearing failure and consequent engine fire and damage to the airplane, which indicates an immediate safety of flight problem. 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 FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 37 engines installed on 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 Inspect MCD for metallic particles 1 work-hour × $85 per hour = $85 $0 $85 $3,145 The FAA estimates the following costs to do any necessary replacements that would be required based on the results of the inspection. The agency has no way of determining the number of engines that might need this replacement: On-Condition Costs Action Labor cost Parts cost Cost per product Analysis for bearing material 1 work-hour × $85 per hour = $85 $0 $85 Reporting 1 work-hour × $85 per hour = $85 $0 85 Replace engine 50 work-hour × $85 per hour = $4,250 Unknown 4,250 The FAA has received no definitive data on which to base the parts cost estimate for the on-condition engine replacement (removal from service) that is specified in this AD. Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. 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: **2023-20-08 General Electric Company:** Amendment 39-22567; Docket No. FAA-2023-1988; Project Identifier AD-2023-00991-E.

(a)Effective Date This airworthiness directive

(AD)is effective October 19, 2023.

(b)Affected ADs None.

(c)Applicability General Electric Company

(GE)Model CF6-80C2B1F, CF6-80C2B2F, CF6-80C2B4F, CF6-80C2B5F, CF6-80C2B6F, CF6-80C2B7F, and CF6-80C2K1F engines, having engine serial numbers (S/Ns) 630-136 through 630-156 inclusive, and engine S/Ns 707-510 through 707-645 inclusive, which have accumulated less than 400 engine cycles since new

(CSN)on the effective date of this AD.

(d)Subject Joint Aircraft System Component

(JASC)Code 7200, Engine (Turbine/Turboprop).

(e)Unsafe Condition This AD was prompted by an uncontained engine fire and consequent manufacturer investigation which revealed that certain bearings were installed improperly. The FAA is issuing this AD to prevent premature bearing failure. The unsafe condition, if not addressed, could result in engine fire and damage to the airplane.

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

(g)Required Actions

(1)For affected engines, within 15 engine cycles after the effective date of this AD, inspect the magnetic chip detector

(MCD)for metallic particles that cover more than 10 percent of the probe tip, and if necessary, do a material composition analysis as applicable, in accordance with paragraph 3., Accomplishment Instructions, of GE CF6-80C2 Service Bulletin

(SB)72-1631, R00, dated August 25, 2023 (GE SB 72-1631).

(2)Thereafter, at the applicable times specified in paragraphs (g)(2)(i) through (iii), inspect the MCD for metallic particles that cover more than 10 percent of the probe tip, and if necessary, do a material composition analysis as applicable, in accordance with paragraph 3., Accomplishment Instructions, of GE SB 72-1631.

(i)For engines that have accumulated less than 100 engine CSN, within 25 engine cycles after the previous inspection.

(ii)For engines that have accumulated 100 or more and less than 200 engine CSN, within 50 engine cycles after the previous inspection.

(iii)For engines that have accumulated 200 or more and less than 399 engine CSN, within 100 engine cycles after the previous inspection.

(3)If bearing material is detected during any inspection and analysis required by paragraphs (g)(1) and

(2)of this AD, before further flight, remove the engine from service.

(h)Reporting If a positive identification of bearing material was made during the inspection and analysis required by paragraphs (g)(1) and

(2)of this AD, submit a report within 10 days after the positive identification or within 10 days after the effective date of this AD, whichever occurs later. The report must include the MCD probe tip inspection results, material composition analysis, the engine serial number, and number of engine CSN. Submit the report to GE Aviation Fleet Support in accordance with paragraph 3., Accomplishment Instructions, of GE SB 72-1631.

(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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the AIR-520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph

(i)of this AD and email it to: *ANE-AD-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.

(j)Additional Information For more information about this AD, contact Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:

(781)238-7241; email: *sungmo.d.cho@faa.gov.*

(k)Material Incorporated by Reference

(1)The Director of the Federal Register approved the incorporation by reference

(IBR)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)General Electric Company

(GE)CF6-80C2 Service Bulletin 72-1631, R00, dated August 25, 2023.

(ii)[Reserved]

(3)For GE service information identified in this AD, contact General Electric Company, 1 Newman Way, Cincinnati, OH 45215, phone:

(513)552-3272; email: *aviation.fleetsupport@ae.ge.com.*

(4)You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. 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 September 29, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023-22145 Filed 10-2-23; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

CFR

U.S. Code