This rule corrects errors in DOT's final rule, published on January 6, 2023 (88 FR 1114), in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, providing the 2023 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. Specifically, the final rule specified the updated applicable minimum penalty for violation of hazardous materials transportation law relating to training in 49 U.S.C. 5123(a)(3) of $582 (and the prior year's penalty of $540) in the preamble of the final rule, but the penalty specified in the regulatory text was not updated and remained as $540 (the prior year's penalty also remained unadjusted at $508). In addition, a table heading in Table 1 to § 13.301 was not updated from “2021 Minimum penalty amount” to “2022 Minimum penalty amount.” DOT publishes this final rule to correct those errors.

DOT has determined that the regulatory reviews and analyses conducted in support of the January 6, 2023, final rule remain unchanged because of this final rule.

Accordingly, the Department of Transportation amends 14 CFR part 13 by making the following correcting amendments:

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Learjet, Inc., Model 45 airplanes. The NPRM published in the Federal Register on August 11, 2022 (87 FR 49556). The NPRM was prompted by a determination that new or more restrictive airworthiness limitations are necessary. In the NPRM, the FAA proposed to require revising the existing inspection program to incorporate reduced inspection intervals for the anti-ice manifold assembly.

The FAA issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Learjet, Inc., Model 45 airplanes. The SNPRM published in the Federal Register on November 10, 2022 (87 FR 67834). The SNPRM was prompted by a determination that additional airplanes needed to be added to the applicability. The SNPRM proposed to require revising the existing inspection program to incorporate reduced inspection intervals for the anti-ice manifold assembly and to add airplanes to the applicability. The FAA is issuing this AD to address metal fragments breaking off the anti-ice manifold assembly due to fatigue, which could block a duct in the anti-ice system and result in an unannunciated loss of ice protection and subsequent loss of control of the airplane.

The FAA issued AD 2001-03-05, Amendment 39-12109 (66 FR 10353, February 15, 2001) (AD 2001-03-05), for certain Learjet Model 45 airplanes. AD 2001-03-05 requires, among other actions, revising the existing Learjet 45 maintenance program to incorporate additional inspections and maintenance practices for the anti-ice manifold assembly, including a 600-hour repetitive inspection interval of an earlier design/part number of the anti-ice manifold. Since the FAA issued AD 2001-03-05, the anti-ice manifold was redesigned, and the inspection interval was extended to 1,200 flight hours. The design approval holder subsequently determined that the design improvements made to the anti-ice manifold assembly did not fully address the original issue of vane cracking, so the 1,200-hour inspection on the redesigned part is insufficient. However, the FAA determined that a repetitive inspection interval of 600 flight hours is sufficient to address the unsafe condition. Therefore, this AD requires revising the existing inspection program to incorporate a reduced 600-hour inspection interval for the redesigned part. Accomplishing the required actions in this AD terminates the requirements of paragraph (c) of AD 2001-03-05.

The FAA received comments from two individuals who supported the SNPRM without change.

The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the SNPRM. None of the changes will increase the economic burden on any operator.

The FAA reviewed Learjet 40 Maintenance Manual Temporary Revision (TR) 04-33 and Learjet 45 Maintenance Manual TR 04-48, both dated January 18, 2022. This service information specifies reduced inspection intervals for the anti-ice manifold assembly. These documents are distinct since they apply to different airplane configurations. 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 .

The FAA estimates that this AD affects 481 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-200, and A340-300 series airplanes. The NPRM published in the Federal Register on September 19, 2022 (87 FR 57153). The NPRM was prompted by AD 2022-0049, dated March 21, 2022, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2022-0049) (also referred to as the MCAI). The MCAI states that certain landing gear parts have been manufactured with improper material and/or using a deviating manufacturing processes. This condition, if not corrected, could lead to nose landing gear (NLG) or MLG structural fatigue failure and subsequent collapse of a landing gear, possibly resulting in damage to the airplane and injury to occupants.

In the NPRM, the FAA proposed to require replacing each affected part with a serviceable part, and for certain airplanes, re-assessing any previously repaired MLG sliding piston, as specified in EASA AD 2022-0049. The NPRM also proposed to limit the installation of affected parts under certain conditions. The FAA is issuing this AD to address possible NLG or MLG structural fatigue failure and subsequent collapse, which could result in damage to the airplane and injury to occupants.

The FAA received a comment from The Air Line Pilots Association, International (ALPA) who supported the NPRM without change.

The FAA received an additional comment from American Airlines. The following presents the comment received on the NPRM and the FAA's response.

American Airlines (AAL) requested that operators be allowed to use a maintenance records review for identifying affected parts. AAL asserted that a maintenance records review is usually permitted for identifying affected parts “provided the part number and serial number of each component can be conclusively identified by that review.” AAL added that it asked EASA about this issue and EASA stated that “. . . any method, which is acceptable to the NAA responsible for AD enforcing, is acceptable” for determining whether a part is affected. AAL noted that it does not believe the EASA response allows FAA operators to use a maintenance records review.

The FAA agrees to clarify. This AD does not directly require determining whether or not a part is affected, but instead requires actions for airplanes that have an affected part installed and limits the installation of affected parts. Therefore, operators may use any method they choose, including a records review, for determining whether they have an affected part, provided the part number and serial number can be conclusively determined. Since the determination is not an AD requirement, the FAA has not changed this AD regarding this issue.

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 reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

EASA AD 2022-0049 specifies procedures for replacing each affected part with a serviceable part before exceeding the applicable revised life limit, and, for airplanes with a previously repaired MLG sliding piston, re-assessing the repaired part, which involves obtaining and following instructions from the FAA, EASA, or Airbus SAS's EASA Design Organization Approval (DOA). 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.

The FAA estimates that this AD affects 128 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the Federal Register on May 9, 2022 (87 FR 27533). The NPRM was prompted by AD CF-2021-35, dated October 26, 2021, issued by Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada (referred to after this as the MCAI). The MCAI states the thrust reverser correction factors presented in certain AFM performance charts for landing on contaminated runways do not provide sufficient margin for stopping distances in certain conditions. If not corrected, use of the affected performance charts could lead to longitudinal runway excursions.

In the NPRM, the FAA proposed to require revising the existing AFM to correct the affected performance charts. 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-2022-0513.

The FAA received a comment from TCCA. The following presents the comment received on the NPRM and the FAA's response.

TCCA requested that the reference to Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 39, dated August 16, 2021, be updated to Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 42, dated May 19, 2022; and the reference to Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 39, dated August 16, 2021, be updated to Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022. TCCA stated that Revisions 40 and 41 introduced errors in Figures 07-35-02 and 07-35-04, which have been corrected in Revision 42.

The FAA partially agrees. The FAA does not agree with mandating Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 42, dated May 19, 2022; and Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022, in this AD. TCCA issued CF-2022-49 on August 23, 2022 (TCCA AD CF-2022-49) to mandate the incorporation of Figure 07-35-02 of Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 42, dated May 19, 2022; and Figure 07-35-04 of Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 202; which are in supplement 35 of the AFMs. TCCA AD CF-2022-49 also added airplanes to the applicability. In order to mandate Revision 42 of these AFMs, the FAA would need to issue a supplemental NPRM.

The FAA does not consider that delaying this action is warranted. Only paragraphs (g)(3)(viii) and (g)(5)(viii) of the proposed AD refer to supplement 35 of the AFMs specified in TCCA AD CF-2022-49. However, the proposed AD specifies to incorporate Revision 39 of the AFMs, which do not include any errors in the figures identified by TCCA. The proposed AD would not allow operators to incorporate the figures in Revision 40 and 41 of the AFM as those figures are not identical to the figures in Revision 39 of the AFMs specified in paragraphs (g)(3) and (5) of the proposed AD.

The FAA has added Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 42, dated May 19, 2022, to paragraph (g)(3) of this AD; and Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022, to paragraph (g)(5) of this AD; as an optional source of service information for revising the AFM as specified in paragraphs (g)(3) and (5) of this AD. For this AD, operator may incorporate Figures 07-35-02 and 07-35-04 of either Revision 39 or 42 of the AFMs specified in paragraphs (g)(3)(viii) and (g)(5)(viii) of this AD.

The FAA is considering further rulemaking to correspond with TCCA AD CF-2022-49 and mandate incorporating Figure 07-35-02 of Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 42, dated May 19, 2022; and Figure 07-35-04 of Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022.

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 reviewed the relevant data, considered the comment received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

The FAA reviewed the following service information, which specifies revised AFM limitations and corrections to the performance charts for landing on contaminated runways. These documents are distinct since they apply to different airplane models and configurations.

The following sections and supplements are of the Bombardier Global Express Airplane Flight Manual—Publication No. CSP 700-1, Revision 109, dated August 16, 2021. (For obtaining these sections and supplements of the Bombardier Global Express Airplane Flight Manual—Publication No. CSP 700-1, use Document Identification No. GL 700 AFM-1.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions, of Chapter 6—Performance. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2., Performance Corrections.

• Supplement 3, Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 5, Improved Climb Performance, of Chapter 7—Supplements. This supplement includes Paragraph A., Improved Climb Performance, of Section 6—Performance.

• Supplement 20, Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

The following sections and supplements are of the Bombardier Global Express Airplane Flight Manual—Publication No. CSP 700-1A, Revision 109, dated August 16, 2021. (For obtaining these sections and supplements of the Bombardier Global Express Airplane Flight Manual—Publication No. CSP 700-1A, use Document Identification No. GL 700 AFM-1A.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions, of Chapter 6—Performance. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2., Performance Corrections.

• Supplement 3—Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 5—Improved Climb Performance, of Chapter 7—Supplements. This supplement includes Paragraph A., Improved Climb Performance, of Section 6—Performance.

• Supplement 20—Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

The following sections and supplements are of the Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 39, dated August 16, 2021. (For obtaining these sections and supplements of the Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, use Document Identification No. GL 6000 AFM.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions, of Chapter 6—Performance. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2, Performance Corrections.

• Supplement 3—Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 20—Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

• Supplement 35—Operation on Wet Grooved Runways, of Chapter 7—Supplements. This supplement includes Paragraph A., Take-off on Wet Grooved Runways, of Section 6—Performance.

The following sections and supplements are of the Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, Revision 42, dated May 19, 2022. (For obtaining these sections and supplements of the Bombardier Global 6000 Airplane Flight Manual—Publication No. CSP 700-1V, use Document Identification No. GL 6000 AFM.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions, of Chapter 6—Performance. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2., Performance Corrections.

• Supplement 3—Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 20—Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

• Supplement 35—Operation on Wet Grooved or Wet Porous Friction Course Runways, of Chapter 7—Supplements. This supplement includes Paragraph A., Take-off on Wet Grooved or Wet PFC Runways, of Section 6—Performance.

The following sections and supplements are of the Bombardier Global 5000 Airplane Flight Manual—Publication No. CSP 700-5000-1, Revision 70, dated August 16, 2021. (For obtaining these sections and supplements of the Bombardier Global 5000 Airplane Flight Manual—Publication No. CSP 700-5000-1, use Document Identification No. GL 5000 AFM.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions, of Chapter 6—Performance. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2., Performance Corrections.

• Supplement 3—Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 20—Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

The following sections and supplements are of the Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 39, dated August 16, 2021. (For obtaining these sections and supplements of the Bombardier Global 5000 Featuring Global Vision Flight Deck Airplane Flight Manual—Publication No. CSP 700-5000-1V, use Document Identification No. GL 5000 GVFD AFM.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions, of Chapter 6—Performance. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2, Performance Corrections.

• Supplement 3—Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 20—Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

• Supplement 35—Operation on Wet Grooved Runways, of Chapter 7—Supplements. This supplement includes Paragraph A., Take-off on Wet Grooved Runways, of Section 6—Performance.

The following sections and supplements are of the Bombardier Global 5000 Featuring Global Vision Flight Deck Airplane Flight Manual—Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022. (For obtaining these sections and supplements of the Bombardier Global 5000 Featuring Global Vision Flight Deck Airplane Flight Manual—Publication No. CSP 700-5000-1V, use Document Identification No. GL 5000 GVFD AFM.)

• Section 06-03 Take-Off Performance, of Chapter 6—Performance. This section includes Paragraph C., Wet Runway Take-Off Field Length, of Section 2., Take-Off Performance—Slat Out/Flap 6°; and Paragraph C., Wet Runway Take-Off Field Length, of Section 3., Take-Off Performance—Slat Out/Flap 16°.

• Section 06-08 Performance Data for Operation in Icing Conditions. This section includes Paragraph B., Effects of Cowl Anti-Ice On; and Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice Accumulation; of Section 2., Performance Corrections.

• Supplement 3—Operation on Contaminated Runways, of Chapter 7—Supplements.

• Supplement 20—Operations at Airport Elevations Above 10,000 Feet, of Chapter 7—Supplements. This supplement includes Paragraph B., Take-Off Field Length; and Paragraph G., Operation in Icing Conditions; of Section 6—Performance.

• Supplement 35—Operation on Wet Grooved or Wet Porous Friction Course Runways, of Chapter 7—Supplements. This supplement includes Paragraph A., Take-off on Wet Grooved or Wet PFC Runways, of Section 6—Performance.

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 the ADDRESSES section.

The FAA estimates that this AD affects 408 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Continental Aerospace Technologies GmbH TAE 125-02-99 and TAE 125-02-114 model reciprocating engines. The NPRM published in the Federal Register on November 09, 2022 (87 FR 67572). The NPRM was prompted by AD 2021-0022, dated January 18, 2021, issued by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union (referred to after this as “the MCAI”). The MCAI states that the manufacturer has received reports of fractured main bearing studs. A fractured main bearing stud provides improper support to the crankshaft and increases crankshaft clearance, resulting in crankshaft sensor failures and potential crankshaft fracture. The manufacturer is investigating the root cause of main bearing stud failures. To address this unsafe condition, Continental Aerospace Technologies GmbH published service information to identify the serial numbers (S/Ns) of the affected engines and specify procedures for replacement of certain main bearing studs. The MCAI specifies actions to replace main bearing studs and specifies certain main bearing studs that are not to be installed onto any engine. This condition, if not addressed, could result in engine in-flight shutdown and forced landing, damage to the airplane, and injury to the occupants.

In the NPRM, the FAA proposed to require the removal of certain main bearing studs from service and replacement with parts eligible for installation. The NPRM also proposed to prohibit the installation of certain main bearing studs. 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-2022-1413.

The FAA received no comments on the NPRM or on the determination of the costs.

These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM.

The FAA reviewed Continental Aerospace Technologies GmbH Service Bulletin (SB) CG 125-1027 P1, Revision 1, dated May 28, 2021. This service information identifies the S/Ns of the affected engines and specifies procedures for replacing the main bearing studs. The FAA also reviewed Continental Aerospace Technologies GmbH Repair Instruction RI-05-0017-04, Revision 4, dated April 1, 2021. This service information provides instructions for replacing the main bearing studs.

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 .

The FAA estimates that this AD affects 92 engines installed on aircraft of U.S. registry.

The FAA estimates the following costs to comply with this AD:

The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

The FAA received reports of three intake valve failures on GTSIO-520, IO-550, and TSIO-520 model reciprocating engines. The intake valve failure on the GTSIO-520 engine resulted in no loss of engine power, while the IO-550 engine experienced engine damage and aborted takeoff. The intake valve failure on the TSIO-520 engine resulted in engine damage and an emergency landing. Subsequent metallurgical analysis revealed that the intake valve material on SAP part number (P/N) SA539988, with lot number 19077 O, was out of specification and did not meet the minimum requirement for elongation; a condition that may cause rupture of the valve stem surface and valve head surface. SAP shipped the affected intake valves installed in cylinder assemblies between January 20, 2022 and March 22, 2022. SAP also shipped individual affected intake valves between January 20, 2022 and May 18, 2022. The affected cylinder assemblies and intake valves may be installed on certain Continental GTSIO-520-C, -D, -E, -F, -H, -K, -L, -M, and -N; IO-470-A, -C, -D, -E, -F, -G, -H, -J, -K, -L, -LO, -M, -N, -P, -R, -S, -T, -U, -V, and -VO; IO-520-A, -B, -BA, -BB, -C, -CB, -D, -E, -F, -J, -K, -L, -M, -MB, -N, -NB, and -P; IO-550-A, -B, -C, -D, -E, -F, -G, -L, -N, -P, and -R; IOF-550-B, -C, -D, -E, -F, -L, -P, and -R; LIO-470-A; LIO-520-P; LTSIO-520-AE; O-470-A, -E, -G, -G-CI, -H, -J, -K, -K-CI, -L, -L-CI, -M, -M-CI, -N, -P, -R, -S, -T, and -U; TSIO-470-B, -C, and -D; TSIO-520-A, -AE, -AF, -B, -BB, -BE, -C, -CE, -D, -DB, -E, -EB, -G, -H, -J, -JB, -K, -KB, -L, -LB, -M, -N, -NB, -P, -R, -T, -U, -UB, -VB, and -WB; TSIO-550-A, -B, -C, -E, -G, and -K; TSIOF-550-D, -J, and -K; and TSIOL-550-A, and -C model reciprocating engines. This condition, if not addressed, could result in failure of the engine, in-flight shutdown, and loss of the airplane. The FAA is issuing this AD to address the unsafe condition on these products.

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.

The FAA reviewed SAP Mandatory Service Bulletin MSB22-01 A, dated December 16, 2022 (SAP MSB22-01 A). This service information provides a listing of the affected cylinder assemblies and affected engines. 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 .

This AD requires the removal from service and replacement of any affected engine intake valve installed, except as discussed under “Differences Between the AD and the Service Information.”

SAP MSB22-01 A specifies to remove and replace the affected intake valve before further flight, while this AD requires removal and replacement of the affected intake valve within 30 days from the effective date of this AD.

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 foregoing notice and comment prior to adoption of this rule because the urgency of the unsafe condition requires removal of any affected intake valve installed within 30 days from the effective date of this AD. The material used to manufacture the intake valves was out of specification and did not meet the minimum requirement for elongation, a condition that may cause rupture of the valve stem surface and valve head surface. Intake valve rupture could lead to failure of the engine, in-flight shutdown, and loss of the airplane. Three intake valve failures on affected reciprocating engines have already been reported, which resulted in engine damage, emergency landing, and aborted takeoff. As the affected intake valve must be replaced within 30 days from the effective date of this AD, the compliance time for the required actions is shorter than the time necessary to allow for public comment and for the FAA to publish a final rule. 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 forego notice and comment.

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-2023-0027 and Project Identifier AD-2022-01586-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.

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 Justin Carter, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort Worth, TX 76177. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.

The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required.

The FAA estimates that this AD affects 450 engines installed on airplanes of U.S. registry.

The FAA estimates the following costs to comply with this AD:

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 aircraft that might need these replacements:

The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

This rule amends 14 CFR part 97 by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary. This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for Part 97 of this final rule.

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, pursuant to the authority delegated to me, 14 CFR part 97 is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

This rule amends 14 CFR part 97 by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B, when required by an entry on 8260-15A, and 8260-15C.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers or aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the typed of SIAPS, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPs as identified in the amendatory language for Part 97 of this final rule.

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flights safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making some SIAPs effective in less than 30 days.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, pursuant to the authority delegated to me, 14 CFR part 97 is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

Annual Update to Fee Schedule

Section 11.2 of the Commission's regulations provides a method for computing reasonable annual charges for recompensing the United States for the use, occupancy, and enjoyment of its lands by hydropower licensees. 1 Annual charges for the use of government lands are payable in advance, and are based on an annual schedule of per-acre rental fees published in appendix A to part 11 of the Commission's regulations. 2 This notice updates the fee schedule in appendix A to part 11 for fiscal year 2023 (October 1, 2022, through September 30, 2023).

This final rule is effective February 2, 2023. The provisions of 5 U.S.C. 804, regarding Congressional review of final rules, do not apply to this final rule because the rule concerns agency procedure and practice and will not substantially affect the rights or obligations of non-agency parties. This final rule merely updates the fee schedule published in the Code of Federal Regulations to reflect scheduled adjustments, as provided for in § 11.2 of the Commission's regulations.

In consideration of the foregoing, the Commission amends appendix A to part 11, chapter I, title 18, Code of Federal Regulations, as follows.