Unknown. Final rule; request for comments

5,703 words·~26 min read·/register/2023/11/03/2023-24405·

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-2023-11-03.xml --- 88 212 Friday, November 3, 2023 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: USAID/MEXICO-RFI 2023-003, Local Partner and Sub-Partner Outreach, 75537 2023-24286 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75537-75538 2023-24264 Animal Animal and Plant Health Inspection Service NOTICES Addition of Belarus to the List of Regions Affected with Highly Pathogenic Avian Influenza, 75538 2023-24347 Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Arlington National Cemetery; Removal of the Confederate Memorial; Withdrawal, 75564-75565 2023-24302 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75591-75596 2023-24343 2023-24344 2023-24345 2023-24346 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75597-75598 2023-24371 Privacy Act; Matching Program, 75596-75597 2023-24331 Civil Rights Civil Rights Commission NOTICES Meetings: District of Columbia Advisory Committee; Correction, 75540 2023-24362 Indiana Advisory Committee; Correction, 75540 2023-24360 Coast Guard Coast Guard RULES Safety Zones:

Hurricanes, Tropical Storms, and other Storms with High Winds; Captain of the Port Zone Sector Virginia, 75495-75498 2023-24304 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Performance Review Board Members, 75563 2023-24297 Procurement List;

Additions and Deletions, 75563-75564 2023-24296 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 75564 2023-24442 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment and Evaluation of American Indian, Alaska Natives, and Native Hawaiian Programs Older Americans Act Title VI, 75598-75600 2023-24255 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: AmeriCorps External Reviewer Survey, 75564 2023-24350 Defense Department Defense Department See Army Department Delaware Delaware River Basin Commission NOTICES Proposed Methodology for the 2024 Delaware River And Bay Water Quality Assessment Report, 75565-75566 2023-24279 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Federal Independent Dispute Resolution Process, 75744-75888 2023-23716 Prohibited Transaction Exemption 2020-02, 75979-76003 2023-23780 Prohibited Transaction Exemption 84-24, 76004-76032 2023-23781 Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128, 76032-76045 2023-23782 Retirement Security Rule:

Definition of an Investment Advice Fiduciary, 75890-75979 2023-23779 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Carolina; Revisions to Miscellaneous Particulate Matter Rules, 75500-75503 2023-24033 Extension of Tolerances for Emergency Exemptions; Multiple Chemicals, 75503-75506 2023-24190 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Clean School Bus Rebate Program, 75587-75588 2023-24292 Control of Evaporative Emissions from New and In-Use Portable Gasoline Containers, 75589-75590 2023-24369 Environmental Impact Statements; Availability, etc., 75589 2023-24320 Requests for Nominations: Clean Air Scientific Advisory Committee Nitrogen Oxides Panel, 75588-75589 2023-24368 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 75590 2023-24421 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Grand Coulee Dam Airport, Electric City, WA, 75480-75481 2023-23731 Point Hope, AK, 75481-75483 2023-23812 Polo, IL, 75488-75490 2023-24078 Tununak Airport, Tununak, AK, 75483-75484 2023-24024 Vandalia, IL, 75486-75488 2023-24077 Vicinity of Danville, IL, 75484-75486 2023-24076 Airworthiness Directives: Airbus SAS Airplanes, 75477-75480 2023-24405 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 75520-75523 2023-24166 Special Conditions: Airbus Model A321neo XLR Airplane;

Electronic Flight-Control System: Lateral-Directional and Longitudinal Stability, and Low-Energy Awareness, 75517-75520 2023-24312 Airbus Model A321neo XLR Airplanes; Flight Envelope Protection, Icing and Non-icing Conditions; High Incidence Protection, 75513-75517 2023-24311 Federal Communications Federal Communications Commission PROPOSED RULES Mongoose Works, Ltd., 3.7-4.2 GHz Band Transition Clearinghouse Dispute Referrals and Appeals, 75532-75535 2023-23788 Safeguarding and Securing the Open Internet, 76048-76096 2023-23630 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 75607-75619 2023-24333 2023-24334 2023-24335 2023-24336 2023-24337 2023-24338 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 75567-75570, 75581-75586 2023-24257 2023-24261 2023-24262 2023-24325 2023-24326 Environmental Assessments;

Availability, etc.: Columbia Gas Transmission, LLC; Greenwood and North Greenwood Storage Fields Abandonment Project, 75568-75569 2023-24260 Northern Border Pipeline Co., 75572-75576 2023-24316 Tallassee Shoals, LLC, 75568 2023-24256 WBI Energy Transmission, Inc., South Spearfish Project, 75577 2023-24259 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Karbone Energy, LLC, 75585 2023-24258 New England Power and Light, LLC, 75580 2023-24322 Progressive Light and Power, LLC, 75580-75581 2023-24321 RPC Power, LLC, 75586 2023-24324 South Cheyenne Solar, LLC, 75571-75572 2023-24323 Meetings, 75577 2023-24274 Meetings:

Reliability Technical Conference, 75578-75580 2023-24327 Request for Extension of Time: WBI Energy Transmission, Inc., 75584-75585 2023-24317 Request Under Blanket Authorization and Establishing Intervention and Protest Deadline: Cheniere Creole Trail Pipeline, LP, 75570-75571 2023-24318 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 75590-75591 2023-24512 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 75591 2023-24340 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Reinstatement of Endangered Species Act Protections for the Gray Wolf (Canis lupus) in Compliance with Court Order, 75506-75512 2023-24299 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Subsistence Regulations and Associated Forms, 75620-75621 2023-24376 John H. Chafee Coastal Barrier Resources System; Florida, Georgia, Louisiana, Maine, and New York; Draft 5-Year Review Boundaries, 75621-75624 2023-23864 Food and Drug Food and Drug Administration RULES Listing of Color Additives Exempt from Certification:

Jagua (Genipin-Glycine) Blue, 75490-75494 2023-24352 PROPOSED RULES Authorization for Use of Brominated Vegetable Oil in Food; Revocation, 75523-75528 2023-24084 NOTICES Guidance: Enforcement Policy for Clinical Electronic Thermometers, 75600-75602 2023-24291 Medical Devices: Exemptions from Premarket Notification: Class II Devices; Clinical Electronic Thermometers, 75602-75604 2023-24290 Foreign Assets Foreign Assets Control Office RULES Publication of Nicaragua Sanctions Regulations Web General Licenses 1, 2, and 2A, 75494-75495 2023-24332 NOTICES Sanctions Action, 75638-75639 2023-24308 Foreign Trade Foreign-Trade Zones Board NOTICES Expansion of Service Area:

Reorganization of Foreign-Trade Zone 281 under Alternative Site Framework; Miami, FL, 75541 2023-24357 Reorganization of Foreign-Trade Zone 128 under Alternative Site Framework, 75540-75541 2023-24358 Forest Forest Service PROPOSED RULES Land Uses: Special Uses; Carbon Capture and Storage Exemption, 75530-75532 2023-24341 NOTICES Final Permanent Seasonal Recreational Shooting Order: Laramie Ranger District of the Medicine Bow-Routt National Forests and Thunder Basin National Grassland, WY, 75539 2023-24330 Government Ethics Government Ethics Office NOTICES Performance Review Board Members, 75591 2023-24349 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 Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Federal Independent Dispute Resolution Process, 75744-75888 2023-23716 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standardized Work Plan Form for Use with Applications to the Bureau of Health Workforce Research and Training Grants and Cooperative Agreements, 75604-75605 2023-24273 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Green and Resilient Retrofit Program Supporting Documents and Processing Requirements, 75619-75620 2023-24319 Industry Industry and Security Bureau NOTICES Order Renewing Temporary Denial of Export Privileges:

Mahan Airways; Pejman Mahmood Kosarayanifard, aka Kosarian Fard; Mahmoud Amini; et al., 75541-75550 2023-24310 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 75626-75627 2023-24315 Interior Interior Department See Fish and Wildlife Service See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES Federal Independent Dispute Resolution Process, 75744-75888 2023-23716 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75639 2023-24289 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employee Plans Determination Letter Program, 75639-75640 2023-24288 Employer's Annual Federal Unemployment Forms, 75640-75641 2023-24266 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 75550-75554 2023-24365 Certain Non-Refillable Steel Cylinders from the People's Republic of China, 75555-75556 2023-24284 Low Melt Polyester Staple Fiber from the Republic of Korea, 75558-75559 2023-24354 Ripe Olives from Spain, 75554-75555, 75559-75560 2023-24355 2023-24356 Strontium Chromate from France, 75556-75558 2023-24366 Labor Department Labor Department See Employee Benefits Security Administration Management Management and Budget Office NOTICES Request for Comments:

Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence Draft Memorandum, 75625-75626 2023-24269 Maritime Maritime Administration NOTICES Meetings: Decommissioning and Disposition of the National Historic Landmark Nuclear Ship Savannah, 75637-75638 2023-24285 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Property Inventory Report--Grants with Educational and Nonprofit Entities, 75626 2023-24267 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Office of Programs to Enhance Neuroscience Workforce Tracker (National Institute of Neurological Disorders and Stroke), 75606-75607 2023-24372 Meetings: Center for Scientific Review, 75605 2023-24277 National Center for Advancing Translational Sciences, 75606 2023-24278 Energy National Nuclear National Nuclear Security Administration NOTICES Environmental Impact Statements; Availability, etc.: Continued Operation of the Lawrence Livermore National Laboratory, 75566-75567 2023-24141 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska:

Scallop Specification Process Flexibility, 75535-75536 2023-24309 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Northeast Region Dealer Purchase Reports, 75561-75562 2023-24378 West Coast Region Highly Migratory Species Vessel Identification Requirements, 75560-75561 2023-24367 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for State Digital Equity Capacity Grant Program and Tribal Digital Equity Planning and Capacity Programs, 75562-75563 2023-24374 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Dominion Energy South Carolina, Inc.; Virgil C. Summer Nuclear Station, Unit 1, 75627-75629 2023-24329 Vistra Operations Co., LLC, Comanche Peak Nuclear Power Plant, Units 1 and 2, 75629-75630 2023-24294 Ocean Energy Management Ocean Energy Management Bureau NOTICES Joint Record of Decision:

Proposed Coastal Virginia Offshore Wind Commercial Project, 75624-75625 2023-24295 Personnel Personnel Management Office PROPOSED RULES Federal Independent Dispute Resolution Process, 75744-75888 2023-23716 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Critical Infrastructure Security and Resilience Month (Proc. 10660), 75451-75452 2023-24482 National Adoption Month (Proc. 10661), 75453-75454 2023-24483 National Alzheimer's Disease Awareness Month (Proc. 10662), 75455-75456 2023-24488 National Diabetes Month (Proc. 10663), 75457-75459 2023-24497 National Entrepreneurship Month (Proc. 10664), 75461-75462 2023-24499 National Family Caregivers Month (Proc. 10665), 75463-75464 2023-24500 National Lung Cancer Awareness Month (Proc. 10666), 75465-75467 2023-24501 National Native American Heritage Month (Proc. 10667), 75469-75471 2023-24502 National Veterans and Military Families Month (Proc. 10668), 75473-75474 2023-24503 ADMINISTRATIVE ORDERS Weapons of Mass Destruction Proliferation;

Continuation of National Emergency (Notice of November 1, 2023), 75475 2023-24504 Rural Business Rural Business-Cooperative Service NOTICES Request for Applications: Intermediary Relending Program for Fiscal Year 2024; Correction, 75540 2023-24313 Rural Economic Development Loan and Grant Programs for Fiscal Year 2024; Correction, 75539 2023-24314 Securities Securities and Exchange Commission RULES Reporting of Securities Loans, 75644-75742 2023-23052 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 75630-75631 2023-24370 Self-Regulatory Organizations; Proposed Rule Changes: MIAX PEARL, LLC, 75631-75635 2023-24271 Small Business Small Business Administration NOTICES Disaster Declaration: Alaska, 75636 2023-24351 Disaster or Emergency Declaration and Related Determination: Florida, 75635-75636 2023-24301 Surrender of License of Small Business Investment Company: Argentum Capital Partners, LP, 75635 2023-24298 Monroe Capital Partners Fund, LP, 75635 2023-24303 Social Social Security Administration NOTICES Privacy Act;

Matching Program, 75636-75637 2023-24263 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Wyoming Regulatory Program, 75528-75530 2023-24272 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 75637 2023-24339 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Unified Unified Carrier Registration Plan NOTICES Meetings;

Sunshine Act, 75641 2023-24454 Veteran Affairs Veterans Affairs Department RULES Presumptive Service Connection for Rare Respiratory Cancers Due to Exposure to Fine Particulate Matter, 75498-75500 2023-24195 NOTICES Findings of Research Misconduct, 75641-75642 2023-24342 Separate Parts In This Issue Part II Securities and Exchange Commission, 75644-75742 2023-23052 Part III Health and Human Services Department, 75744-75888 2023-23716 Labor Department, Employee Benefits Security Administration, 75744-75888 2023-23716 Personnel Management Office, 75744-75888 2023-23716 Treasury Department, Internal Revenue Service, 75744-75888 2023-23716 Part IV Labor Department, Employee Benefits Security Administration, 75890-76045 2023-23780 2023-23781 2023-23782 2023-23779 Part V Federal Communications Commission, 76048-76096 2023-23630 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. 88 212 Friday, November 3, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2023-2142; Project Identifier MCAI-2023-01056-T; Amendment 39-22592; AD 2023-22-08] RIN 2120-AA64 Airworthiness Directives;

Airbus SAS Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding Airworthiness Directive

(AD)2023-04-12, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2023-04-12 required repetitive detailed inspections of affected cargo sealing tapes and applicable corrective actions. Since the FAA issued AD 2023-04-12, additional locations have been identified that are subject to the unsafe condition. This AD retains the requirements of AD 2023-04-12 and expands the inspection area, as specified in a European Union Aviation Safety Agency

(EASA)AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 20, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 20, 2023. The FAA must receive comments on this AD by December 18, 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-2023-2142; 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 street address for Docket Operations is listed above. *Material Incorporated by Reference:* • For EASA material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu;* website *easa.europa.eu.* You may find this material on the EASA website at *ad.easa.europa.eu.* • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at *regulations.gov* under Docket No. FAA-2023-2142. FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7317; email *Dat.V.Le@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-2023-2142; Project Identifier MCAI-2023-01056-T” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information

(CBI)as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to *regulations.gov,* including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act

(FOIA)(5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Dat Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7317; email *Dat.V.Le@faa.gov.* Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2023-04-12, Amendment 39-22359 (88 FR 12143, February 27, 2023) (AD 2023-04-12), for all Airbus SAS Model A350-941 and -1041 airplanes. AD 2023-04-12 was prompted by an MCAI originated by EASA, which is the Technical Agent for the Member States of the European Union. EASA issued AD 2023-0011, dated January 17, 2023 (EASA AD 2023-0011), to correct an unsafe condition. EASA AD 2023-0011 stated that longitudinal sealing tape in the forward and aft cargo compartments had migrated from its original position, possibly due to relative movement between the cargo floor panels and the cargo loading system, combined with compression of the tape. AD 2023-04-12 required repetitive detailed inspection of the affected parts ( *i.e.,* cargo sealing tapes installed between the cargo floor panels and the cargo loading system in longitudinal direction, in the forward and aft cargo compartment area), and, depending on findings, accomplishment of applicable corrective action. The FAA issued AD 2023-04-12 to address migration of the tape, which can affect the tightness of the cargo compartment floor panels that provide an enclosed area to maintain halon concentration in the event of a fire. This condition, if not addressed, could affect the fire extinguishing system efficiency in the cargo compartments, possibly resulting in failure of the system to contain a cargo compartment fire or permanently extinguish a fire. Actions Since AD 2023-04-12 Was Issued Since the FAA issued AD 2023-04-12, EASA issued AD 2023-0011R1, dated February 23, 2023 (EASA AD 2023-0011R1) to provide dispatch instructions under the Master Minimum Equipment List. EASA subsequently superseded EASA AD 2023-0011R1 and issued EASA AD 2023-0176, dated October 6, 2023 (EASA AD 2023-0176) (also referred to as the MCAI), to correct an unsafe condition for all Airbus SAS Model A350-941 and -1041 airplanes. The MCAI states that additional parts (cargo sealing tapes installed between the cargo floor panels and the floor structure in transversal direction in the bulk cargo compartment area at frame 82) have been identified as affected by the same potential unsafe condition. 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-2023-2142. Explanation of Retained Requirements Although this AD does not explicitly restate the requirements of AD 2023-04-12, this AD retains all of the requirements of AD 2023-04-12. Those requirements are referenced in EASA AD 2023-0176, which, in turn, is referenced in paragraph

(g)of this AD. Related Service Information Under 1 CFR Part 51 EASA AD 2023-0176 specifies procedures for the following actions: • Repetitive detailed inspections to detect complete or partial migration of the cargo sealing tapes (including high speed tape and glass cloth tape) and existing repairs of affected parts ( *i.e.,* cargo sealing tapes installed between the cargo floor panels and the cargo loading system in longitudinal direction, in the forward and aft cargo compartment area; and cargo sealing tapes installed between the cargo floor panels and the floor structure in transversal direction, in the bulk cargo compartment area at frame 82). • Measurement of the maximum migration of partially migrated tape. • Inspection for incorrect seating or sealant of repaired tape. • Repair of discrepancies, including cargo sealing tape that has migrated more than 11 millimeters, complete migration of the tape, incorrect seating/condition of the tape in repaired areas, and incorrect sealant condition in repaired areas. EASA AD 2023-0176 allows deferral of corrective actions through dispatch of the airplane under specified Airbus A350 Master Minimum Equipment List items. 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 the ADDRESSES section. FAA's Determination This product has been approved by the aviation authority of another country and is 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 is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in EASA AD 2023-0176 described previously, except for any differences identified as exceptions in the regulatory text of this AD. Explanation of Required Compliance Information In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority

(CAA)ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, EASA AD 2023-0176 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2023-0176 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA AD 2023-0176 does not mean that operators need comply only with that section. For example, where the AD requirement refers to “all required actions and compliance times,” compliance with this AD requirement is not limited to the section titled “Required Action(s) and Compliance Time(s)” in EASA AD 2023-0176. Service information required by EASA AD 2023-0176 for compliance will be available at *regulations.gov* under Docket No. FAA-2023-2142 after this AD is published. Interim Action The FAA considers that this AD is an interim action. If final action is later identified, the FAA might consider further rulemaking then. FAA's Justification and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act

(APA)(5 U.S.C. 551 *et seq.* ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because migration of the sealing tape can affect the tightness of the cargo compartment floor panels, which provide an enclosed area to maintain halon concentration in the event of a fire. Migration of the sealing tape in the forward and aft cargo compartments could affect the fire extinguishing system efficiency in the cargo compartments and possibly result in failure of the system to contain a cargo compartment fire or permanently extinguish the fire. The additional affected locations in the bulk cargo compartment further increase the effect on the fire extinguishing system efficiency by widening the area in which a halon concentration could perpetuate due to migration of the sealing tape and increasing the likelihood of a failure to contain a cargo compartment fire or permanently extinguish the fire. 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

(RFA)The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 32 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions Action Labor cost Parts cost Cost per product Cost on U.S. operators Retained actions from AD 2023-04-12 Up to 1 work-hour × $85 per hour = $85 $0 Up to $85 Up to $2,720. New actions 2 work-hours × $85 per hour = $170 0 $170 $5,440. The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need these on-condition actions: Estimated Costs of On-Condition Actions Labor cost Parts cost Cost per product Up to 3 work-hours × $85 per hour = $255 Up to $10 Up to $265. 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: a. Removing Airworthiness Directive

(AD)2023-04-12, Amendment 39-22359 (88 FR 12143, February 27, 2023); and b. Adding the following new AD: **2023-22-08 Airbus SAS:** Amendment 39-22592; Docket No. FAA-2023-2142; Project Identifier MCAI-2023-01056-T.

(a)Effective Date This airworthiness directive

(AD)is effective November 20, 2023.

(b)Affected ADs This AD replaces AD 2023-04-12, Amendment 39-22359 (88 FR 12143, February 27, 2023) (AD 2023-04-12).

(c)Applicability This AD applies to all Airbus SAS Model A350-941 and -1041 airplanes, certificated in any category.

(d)Subject Air Transport Association

(ATA)of America Code 53, Fuselage.

(e)Unsafe Condition This AD was prompted by the migration of cargo sealing tape from its original position between the cargo floor panels and the cargo loading system in the longitudinal direction in the forward and aft cargo compartment area, and between the cargo floor panels and the floor structure in the transversal direction in the bulk cargo compartment area at frame 82. The FAA is issuing this AD to address this tape migration, which can affect the tightness of the cargo compartment floor panels that provide an enclosed area to maintain halon concentration in the event of a fire. This condition, if not addressed, could affect the fire extinguishing system efficiency in the cargo compartments, possibly resulting in failure of the system to contain a cargo compartment fire or permanently extinguish a fire.

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

(g)Requirements Except as specified in paragraph

(h)of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency

(EASA)AD 2023-0176, dated October 6, 2023 (EASA AD 2023-0176).

(h)Exceptions to EASA AD 2023-0176

(1)Where EASA AD 2023-0176 refers to “31 January 2023 [the effective date of EASA AD 2023-0011],” this AD requires replacing those words with “March 14, 2023 (the effective date of AD 2023-04-12).”

(2)Where EASA AD 2023-0176 refers to its effective date, this AD requires using the effective date of this AD.

(3)Where paragraph

(2)of EASA AD 2023-0176 specifies accomplishing corrective actions if “discrepancies, as identified in the AOT” are found, for this AD, discrepancies are defined as cargo sealing tape that has migrated more than 11 millimeters, complete migration of the tape as shown in Condition B of the service information reference in EASA AD 2023-0176, incorrect seating/condition of the tape in repaired areas, and incorrect sealant condition in repaired areas.

(4)Where paragraph

(2)of EASA AD 2023-0176 specifies accomplishing corrective actions “in accordance with the instructions of the AOT,” for this AD, replace those words with “in accordance with the instructions of the AOT for the FWD and AFT cargo compartment areas and in accordance with the instructions of Airbus AOT A53P016-22, Revision 03, dated September 13, 2023, or later approved revisions for the BULK cargo compartment areas.”

(5)Where the service information referenced in EASA AD 2023-0176 specifies use of cargo sealing tape 398FR, this AD also allows use of cargo sealing tape 398FRP.

(6)This AD does not adopt the “Remarks” section of EASA AD 2023-0176.

(i)Additional AD Provisions The following provisions also apply to this AD:

(1)*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 responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph

(j)of this AD. Information may be emailed to: *9-AVS-AIR-730-AMOC@faa.gov* .

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

(ii)AMOCs approved previously for AD 2023-04-12 are approved as AMOCs for the corresponding provisions of EASA AD 2023-0176 that are required by paragraph

(g)of this AD.

(2)*Contacting the Manufacturer:* For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(3)*Required for Compliance (RC):* Except as required by paragraph (i)(2) of this AD, if any service information referenced in EASA AD 2023-0176 that contains paragraphs that are labeled as RC, the instructions in RC paragraphs, including subparagraphs under an RC paragraph, must be done to comply with this AD; any paragraphs, including subparagraphs under those paragraphs, that are not identified as RC are recommended. The instructions in paragraphs, including subparagraphs under those paragraphs, not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the instructions identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to instructions identified as RC require approval of an AMOC.

(j)Additional Information For more information about this AD, contact Dat Le, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7317; email *Dat.V.Le@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 this AD specifies otherwise.

(i)European Union Aviation Safety Agency

(EASA)AD 2023-0176, dated October 6, 2023.

(ii)[Reserved]

(3)For EASA AD 2023-0176, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email *ADs@easa.europa.eu* ; website *easa.europa.eu* . You may find this EASA AD on the EASA website at *ad.easa.europa.eu* .

(4)You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. This material may be found in the AD docket at *regulations.gov* under Docket No. FAA-2023-2142.

(5)You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit *www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov* . Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023-24405 Filed 11-1-23; 11:15 am]

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