[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50005-50008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16166]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1296; Project Identifier MCAI-2022-00628-T; 
Amendment 39-22495; AD 2023-13-10]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-20-05 
and AD 2022-09-16, which applied to certain Airbus SAS Model A318 
series; A319-111, -112, -113, -114, -115, -131, -132, -133, -151N, and 
-153N; A320 series; and A321 series airplanes. AD 2020-20-05 and AD 
2022-09-16 required revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. This AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. This 
AD continues to require the actions in AD 2022-09-16, and also requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive airworthiness 
limitations; 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 September 5, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 5, 
2023

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1296; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
     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. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2022-1296.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3225; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-20-05, Amendment 39-21261 (85 FR 
65197, October 15, 2020) (AD 2020-20-05), and AD 2022-09-16, Amendment 
39-22036 (87 FR 31943, May 26, 2022) (AD 2022-09-16). AD 2020-20-05 and 
AD 2022-09-16 applied to certain Model A318-111, -112, -121, and -122 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -153N airplanes; Model A320-211, -212, -214, -216, -231, -
232, -233, -251N, -252N, -253N, -271N, -272N, and -273N airplanes; and 
Model -111, -112, -131, -211, -212, -213, -231, -232, -251N, -251NX, -
252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX 
airplanes. AD 2020-20-05 and AD 2022-09-16 required revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The FAA 
issued AD 2020-20-05 and AD 2022-09-16 to address fatigue cracking, 
accidental damage, or corrosion in principal structural elements, which 
could result in reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on October 20, 2022 (87 
FR 63712). The NPRM was prompted by AD 2022-0085, dated May 12, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0085) (also referred to as the MCAI). 
The MCAI states that new and/or more restrictive maintenance tasks have 
been published.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1296.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2022-09-16 and require revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2022-0085. The NPRM also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2021-0140.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 2020-20-05 and AD 2022-09-16.

[[Page 50006]]

The SNPRM published in the Federal Register on March 23, 2023 (88 FR 
17429) (the SNPRM). The SNPRM was prompted by a determination that new 
or more restrictive airworthiness limitations are necessary. In the 
SNPRM, the FAA proposed to continue to require the actions in AD 2022-
09-16 and require revising the existing maintenance or inspection 
program, as applicable, to incorporate additional new or more 
restrictive airworthiness limitations, as specified in EASA AD 2022-
0085. The NPRM also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2021-0140. The FAA is issuing this AD to address fatigue cracking, 
accidental damage, or corrosion in principal structural elements, which 
could result in reduced structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA), who supported the SNPRM without change.
    The FAA received an additional comment from United Airlines. The 
following presents the comment received on the SNPRM and the FAA's 
response.

Request To Allow Airbus Statement of Airworthiness Compliance (ASAC)

    United Airlines requested that the FAA allow Airbus-issued ASACs as 
acceptable means of compliance when they support extensions to the 
compliance time of specified airworthiness limitation section (ALS) 
part 2 tasks.
    The FAA has determined that the requested change is unnecessary 
because the provisions of paragraph (r)(2) permit means of compliance 
approved by Airbus SAS's EASA Design Organization Approval (DOA), 
provided that the approval includes the DOA-authorized signature. This 
AD has not been changed with regard to this request.

Conclusion

    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 SNPRM. None of the 
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0085 and EASA AD 2023-0008. This 
service information specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits. These 
documents are distinct since one includes all damage tolerant 
airworthiness limitations items and the other revises certain damage 
tolerant airworthiness limitation items.
    This AD would also require EASA AD 2021-0140, which the Director of 
the Federal Register approved for incorporation by reference as of June 
30, 2022 (87 FR 31943, May 26, 2022).
    This AD would also require EASA AD 2020-0036R1, which the Director 
of the Federal Register approved for incorporation by reference as of 
November 19, 2020 (85 FR 65197, October 15, 2020).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 1,864 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2020-20-05 and AD 2022-09-16 to be $7,650 (90 work-
hours x $85 per work-hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. The FAA estimates the total cost per operator for the new 
actions to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-20-05, Amendment 39-21261 
(85 FR 65197, October 15, 2020); and AD 2022-09-16, Amendment 39-22036 
(87 FR 31943, May 26, 2022); and
0
b. Adding the following new AD:


[[Page 50007]]


2023-13-10 Airbus SAS: Amendment 39-22495; Docket No. FAA-2022-1296; 
Project Identifier MCAI-2022-00628-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 5, 
2023.

(b) Affected ADs

    This AD replaces AD 2020-20-05, Amendment 39-21261 (85 FR 65197, 
October 15, 2020) (AD 2020-20-05); and AD 2022-09-16, Amendment 39-
22036 (87 FR 31943, May 26, 2022) (AD 2022-09-16).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs 
(c)(1) through (4) of this AD, certificated in any category, with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before November 10, 2022.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, accidental damage, or 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes From AD 2020-20-05

    This paragraph restates the requirements of paragraph (i) of AD 
2020-20-05, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before October 11, 2019: 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 2020-0036R1, dated 
June 24, 2020 (EASA AD 2020-0036R1). Accomplishing the maintenance 
or inspection program revision required by paragraph (o) of this AD 
terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0036R1, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2020-20-05, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0036R1 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0036R1 specifies revising 
``the AMP'' within 12 months after its effective date, but this AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate the ``tasks and associated thresholds and 
intervals'' specified in paragraph (3) of EASA AD 2020-0036R1 within 
90 days after November 19, 2020 (the effective date of AD 2020-20-
05).
    (3) The initial compliance times for doing the tasks specified 
in paragraph (3) of EASA AD 2020-0036R1 are at the applicable 
``associated thresholds'' specified in paragraph (3) of EASA AD 
2020-0036R1, or within 90 days after November 19, 2020 (the 
effective date of AD 2020-20-05), whichever occurs later.
    (4) The provisions specified in paragraphs (4), (5), and (6) of 
EASA AD 2020-0036R1 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0036R1 does not 
apply to this AD.

(i) Retained Provisions for Alternative Actions or Intervals From AD 
2020-20-05, With New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2020-20-05, with new exception. Except as required by paragraphs (k) 
and (o) of this AD, after the existing maintenance or inspection 
program has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2020-0036R1.

(j) Retained Credit for Original EASA AD, With No Changes

    This paragraph restates the credit provided in paragraph (l) of 
AD 2020-20-05, with no changes. This paragraph provides credit for 
actions required by paragraph (g) of this AD, if those actions were 
performed before November 19, 2020 (the effective date of AD 2020-
20-05) using EASA AD 2020-0036, dated February 26, 2020.

(k) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes From AD 2022-09-16

    This paragraph restates the requirements of paragraph (g) of AD 
2022-09-16, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before November 10, 2020: Except as 
specified in paragraph (l) of this AD, comply with all required 
actions and compliance times specified in, and in accordance with, 
EASA AD 2021-0140, dated June 14, 2021 (EASA AD 2021-0140). 
Accomplishing the revision of the existing maintenance or inspection 
program required by paragraph (o) of this AD terminates the 
requirements of this paragraph.

(l) Retained Exceptions to EASA AD 2021-0140

    This paragraph restates the requirements of paragraph (h) of AD 
2022-09-16, with no changes.
    (1) Where EASA AD 2021-0140 refers to its effective date, this 
AD requires using June 30, 2022 (the effective date of AD 2022-09-
16).
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0140 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0140 specifies revising ``the 
approved [aircraft maintenance program] AMP'' within 12 months after 
its effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, within 90 days 
after June 30, 2022 (the effective date of AD 2022-09-16).
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2021-0140 is at the applicable 
``thresholds'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2021-0140, or within 90 days after June 30, 2022 (the 
effective date of AD 2022-09-16), whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0140 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0140 does not apply 
to this AD.

(m) Retained Provisions for Alternative Actions or Intervals From AD 
2022-09-16, With New Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2022-09-16, with new exception. Except as required by paragraph (o) 
of this AD, after the existing maintenance or inspection program has 
been revised as required by paragraph (k) of this AD, no alternative 
actions (e.g., inspections) or intervals are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2021-0140.

(n) Retained Terminating Action for Certain Requirements in AD 2020-20-
05, With Revised References

    This paragraph restates the terminating action specified in 
paragraph (i) of AD 2022-09-16, with revised references. 
Accomplishing the actions required by paragraph (k) of this AD, 
including incorporating Task 531135-03-1 as required by EASA AD 
2021-0140, terminates Task 531135-01-2, as required by EASA AD 2020-
0036R1 by the requirements in paragraph (g) of this AD.

(o) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (p) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0085, dated May 12, 2022 (EASA AD 
2022-0085) and EASA AD 2023-0008, dated January 16, 2023 (EASA AD 
2023-0008). Where EASA AD 2023-0008 affects the same airworthiness 
limitations as those in EASA AD 2022-0085, the airworthiness 
limitations referenced in EASA AD 2023-0008 prevail. Accomplishing 
the revision of the existing maintenance or

[[Page 50008]]

inspection program required by this paragraph terminates the 
requirements of paragraphs (g) and (i) of this AD.

(p) Exceptions to EASA AD 2022-0085 and to EASA AD 2023-0008

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0085 and of EASA AD 2023-0008 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0085 and of EASA AD 2023-0008 
specifies revising ``the approved AMP'' within 12 months after its 
effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, within 90 days 
after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0085 and of EASA AD 2023-0008 is at 
the applicable ``thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2022-0085 and of EASA AD 2023-0008, 
respectively, or within 90 days after the effective date of this AD, 
whichever occurs later. Where EASA AD 2023-0008 affects the same 
airworthiness limitations as those in EASA AD 2022-0085, the 
airworthiness limitations referenced in EASA AD 2023-0008 prevail.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0085 and of EASA AD 2023-0008 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0085 and of EASA AD 2023-0008.

(q) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (o) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2022-0085 or EASA AD 2023-0008, as 
applicable.

(r) Additional FAA 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (s) of this AD. Information may be emailed to: [email protected].
    (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 2022-09-16 are approved as 
AMOCs for the corresponding provisions of EASA AD 2021-0140 that are 
required by paragraph (i) of this AD.
    (iii) AMOCs approved previously for AD 2020-20-05 are approved 
as AMOCs for the corresponding provisions of EASA AD 2020-0036R1 
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.

(s) Additional Information

    For more information about this AD, contact Dan Rodina, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 206-231-3225; email [email protected].

(t) 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.
    (3) The following service information was approved for IBR on 
September 5, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0085, 
dated May 12, 2022.
    (ii) European Union Aviation Safety Agency (EASA) AD 2023-0008, 
dated January 16, 2023.
    (4) The following service information was approved for IBR on 
June 30, 2022 (87 FR 31943, May 26, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0140, 
dated June 14, 2021.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on 
November 19, 2020 (85 FR 65197, October 15, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0036R1, 
dated June 24, 2020.
    (ii) [Reserved]
    (6) For the EASA ADs identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find these EASA ADs on the EASA website at ad.easa.europa.eu.
    (7) 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.
    (8) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16166 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-13-P