Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Proposed Rules 74379 

(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, –252N,

–253N, –271N, –272N, –251NX, –252NX,

–253NX, –271NX, and –272NX.

(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 safety-significant latent 

failures (that are not annunciated), which, in 

combination with one or more other specific 

failures or events, could result in a hazardous 

or catastrophic failure condition. 

(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 2023–0138, dated 

July 13, 2023 (EASA AD 2023–0138). 

(h) Exceptions to EASA AD 2023–0138

(1) This AD does not adopt the

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0138.

(2) Paragraph (3) of EASA AD 2023–0138

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 

2023–0138 is at the applicable ‘‘associated 

thresholds’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2023–0138, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(4) This AD does not adopt the provisions

specified in paragraphs (4) of EASA AD 

2023–0138. 

(5) This AD does not adopt the ‘‘Remarks’’

section of EASA AD 2023–0138. 

(i) Provisions for Alternative Actions and

Intervals

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (g) 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 

2023–0138. 

(j) Terminating Action for Certain Tasks

Required by AD 2023–04–06

Accomplishing the actions required by this 

AD terminates the corresponding 

requirements of AD 2023–04–06 for the tasks 

identified in the service information 

referenced in EASA AD 2023–0138 only. 

(k) 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 International Validation Branch, send 

it to the attention of the person identified in 

paragraph (l) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. 

(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. 

(l) Additional Information

For more information about this AD,

contact Timothy Dowling, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3367; email Timothy.P.Dowling@faa.gov. 

(m) 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 2023–0138, dated July 13, 2023. 

(ii) [Reserved]

(3) For EASA AD 2023–0138, 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 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. 

(5) You may view this service information

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on October 26, 2023. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–23989 Filed 10–30–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1301 

[Docket No. DEA–1144] 

RIN 1117–AB84 

Controlled Substance Destruction 

Alternatives to Incineration 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Drug Enforcement 

Administration (DEA) is seeking 

information about destruction processes 

which may be used to render controlled 

substances to a non-retrievable state. 

DEA invites comment from stakeholders 

in the controlled substance disposal 

industry, as well as registrants engaged 

in the destruction and disposal of 

controlled substances in their 

possession or inventory, to the 

questions provided below. 

DATES: Electronic comments must be 

submitted, and written comments must 

be postmarked, on or before January 2, 

2024. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after 11:59 p.m. Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘RIN 

1117–AB84/Docket No. DEA–1144’’ on 

all correspondence, including any 

attachments. 

• Electronic comments: DEA

encourages that all comments be 

submitted electronically through the 

Federal eRulemaking Portal, which 

provides the ability to type comments 

directly into the comment field on the 

web page or to attach a file containing 

comments. Please go to http://

www.regulations.gov and follow the 

online instructions at that site for 

submitting comments. Upon completion 

of your submission, you will receive a 

Comment Tracking Number for your 

comment generated by http://

www.regulations.gov. Please be aware 

that submitted comments are not 


lotter on DSK11XQN23PROD with PROPOSALS1
74380 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Proposed Rules 

1 21 U.S.C. 801–971. 

2 21 U.S.C. 871; 28 CFR 0.100(b). 

3 21 U.S.C. 823. 

4 21 U.S.C. 821. 

5Public Law 117–328, 136 Stat. 4459. 

6 117 Cong. Rec. S7921 (2022). 

7 21 CFR 1300.05 

8Public Law 111–273, 124 Stat. 2858. 

9 79 FR 53520 (Sept. 9, 2014). 

10 21 CFR 1300.05; 21 CFR part 1317. 

11 21 CFR 1300.05. 

instantaneously available for public 

view on http://www.regulations.gov. If 

you have received a Comment Tracking 

Number, your comment has been 

successfully submitted, and there is no 

need to resubmit the same comment. 

• Paper comments: Paper comments 

that duplicate the electronic submission 

are discouraged. Should you wish to 

mail a paper comment in lieu of 

submitting a comment electronically, it 

should be sent via regular or express 

mail to: Drug Enforcement 

Administration, Attn: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. Hand-delivered comments will 

not be accepted. 

FOR FURTHER INFORMATION CONTACT: 

Scott A. Brinks, Regulatory Drafting and 

Policy Support Section, Diversion 

Control Division, Drug Enforcement 

Administration; Telephone: (571) 776– 

3882. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received in response to this docket are 

considered part of the public record. 

The Drug Enforcement Administration 

(DEA) will make all comments available 

for public inspection online at http://

www.regulations.gov. Such information 

includes personal or business identifiers 

(such as name, address, state or Federal 

identifiers, etc.) voluntarily submitted 

by the commenter. Generally, all 

information voluntarily submitted by 

the commenter, unless clearly marked 

as Confidential Information in the 

method described below, will be 

publicly posted. Comments may be 

submitted anonymously. The Freedom 

of Information Act applies to all 

comments received. 

Commenters submitting comments 

which include personal identifying 

information (PII), confidential, or 

proprietary business information that 

the commenter does not want made 

publicly available should submit two 

copies of the comment. One copy must 

be marked ‘‘CONTAINS 

CONFIDENTIAL INFORMATION’’ and 

should clearly identify all PII or 

business information the commenter 

does not want to be made publicly 

available, including any supplemental 

materials. DEA will review this copy, 

including the claimed PII and 

confidential business information, in its 

consideration of comments. The second 

copy should be marked ‘‘TO BE 

PUBLICLY POSTED’’ and must have all 

claimed confidential PII and business 

information already redacted. DEA will 

post only the redacted comment on 

http://www.regulations.gov for public 

inspection. 

For easy reference, an electronic copy 

of this document and a plain language 

summary of this advanced notice of 

proposed rulemaking are available at 

http://www.regulations.gov. 

Legal Authority 

DEA implements and enforces the 

Comprehensive Drug Abuse Prevention 

and Control Act of 1970, often referred 

to as the Controlled Substances Act 

(CSA) and the Controlled Substances 

Import and Export Act, as amended.1

DEA publishes the implementing 

regulations for these statutes in 21 CFR 

parts 1300 to end. These regulations are 

designed to ensure a sufficient supply of 

controlled substances for medical, 

scientific, and other legitimate 

purposes, and to deter the diversion of 

controlled substances for illicit 

purposes. 

As mandated by the CSA, DEA 

establishes and maintains a closed 

system of control for the manufacturing, 

distribution, and dispensing of 

controlled substances. DEA’s 

regulations require that persons 

involved in the manufacture, 

distribution, research, dispensing, 

import, export, and disposal and 

destruction of controlled substances 

register with DEA (unless exempt), keep 

track of all stocks of controlled 

substances, and maintain records to 

account for all controlled substances 

received, distributed, or otherwise 

disposed of. 

The CSA authorizes the DEA 

Administrator (Administrator), by 

delegation from the Attorney General,2

to register an applicant to manufacture, 

distribute, or dispense controlled 

substances if such registration is 

determined to be consistent with the 

public interest.3 The CSA further 

authorizes the Administrator to 

promulgate regulations necessary and 

appropriate to execute the functions of 

the CSA relating to the registration and 

control of the manufacture, distribution, 

and dispensing of controlled 

substances.4

Background 

On December 29, 2022, the President 

signed the Consolidated Appropriations 

Act, 2023.5 In a related report issued by 

the United States Senate Appropriations 

Subcommittee on Commerce, Justice, 

Science, and Related Agencies, Congress 

encouraged DEA to engage in 

substantive conversations with industry 

stakeholders on alternatives to 

incineration that meet the nonretrievable standard.6

DEA regulations do not specify a 

particular required means for 

destruction of controlled substances. 

Instead, DEA regulations establish a 

result, by requiring registrants to 

dispose of controlled substances in their 

inventory using a method of destruction 

that permanently alters that controlled 

substance’s physical or chemical 

condition or state through irreversible 

means, and thereby renders the 

controlled substance unavailable and 

unusable for all practical purposes.7 The 

registrants are able to choose any 

method of destruction that satisfies this 

standard. 

In an effort to identify chemical and 

technological methods of destruction of 

controlled substances other than 

incineration which may meet the 

disposal requirements of DEA 

registrants, and to promote the public 

exchange of technology and process 

development information, DEA invites 

comment to the questions provided in 

this advanced notice of proposed 

rulemaking (ANPRM). 

History 

Congress amended the CSA to include 

the Secure and Responsible Drug 

Disposal Act of 2010 (SRDDA).8 In 2014, 

DEA published a final rule entitled, 

‘‘Disposal of Controlled Substances,’’ 

that implemented the provisions of the 

SRDDA and established parameters for 

registrants to safely and securely 

dispose of controlled substances that 

remain in their inventory.9

Non-Retrievable Standard of 

Destruction 

In the final rule, DEA defined the 

term ‘‘non-retrievable,’’ and 

implemented it as the standard of 

destruction to be achieved by registrants 

that dispose of and destroy controlled 

substances from their inventory.10 A 

controlled substance is considered nonretrievable when it cannot be 

transformed to a physical or chemical 

condition or state as a controlled 

substance or controlled substance 

analogue.11 Specifically, the rule 

provides that the method of destruction 

used shall be consistent with the 

purpose of rendering all of the 


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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Proposed Rules 74381 

12 21 CFR 1317.90(c). 13 21 CFR 1317.90(a). 14 79 FR 53520, 53527. 15 Id. at 53522. 16 Id. at 53548. 

controlled substances to a nonretrievable state in order to prevent 

diversion and protect the public health 

and safety.12 The rule also provides that 

controlled substances in a registrant’s 

inventory shall be destroyed in 

compliance with applicable Federal, 

State, tribal, and local laws and 

regulations.13

DEA established the non-retrievable 

standard as the intended final result of 

a registrant’s disposal and destruction 

process in order to prevent the potential 

diversion of controlled substances into 

illegitimate channels. DEA believes the 

permanent and irreversible alteration of 

controlled substances is the cornerstone 

of the non-retrievable standard.14

In the final rule, in order to allow 

public and private entities to develop a 

variety of destruction methods that are 

secure, convenient, and responsible, 

DEA explained that it would not require 

a particular method of destruction, so 

long as the desired result of nonretrievability is achieved, and the 

method is consistent with preventing 

the diversion of controlled substances.15

Comments Requested 

DEA is aware that since the 

publication of the final rule in 2014, 

various chemical and technological 

processes have been developed and 

employed to render controlled 

substances non-retrievable. In the final 

rule, DEA stated its intent that methods 

of destruction should remain current 

with continuously changing 

technology.16 DEA now invites 

stakeholders engaged in the destruction 

and disposal of controlled substances to 

respond to the questions provided in 

this ANPRM. If proprietary information 

is included in the response, please 

submit two copies, and clearly indicate 

which copy ‘‘Contains Confidential 

Information’’, and which is the redacted 

version ‘‘To Be Publicly Posted’’ to 

ensure the correct information is posted 

on Regulations.gov. See Submitting 

Public Comments section, above. 

ANPRM Questions 

Please identify destruction methods 

or technology currently being utilized or 

developed to render the controlled 

substances non-retrievable. For each 

method or technology identified, please 

include: 

1. If known, the potential users of this 

method or technology. 

2. A detailed description of the 

method of destruction or technical 

process utilized to achieve the nonretrievable standard. Does this method 

or technology involve incineration at 

any point to attain the non-retrievable 

standard? 

3. The controlled substance(s) to 

which the method of destruction or 

technology to render the controlled 

substance(s) non-retrievable may be 

applicable. 

4. If known, list any controlled 

substances that will not be rendered 

non-retrievable by this method. 

5. The volume or throughput (per 

hour) required to render the controlled 

substance non-retrievable. 

6. The registrant’s anticipated cost to 

execute, implement, or utilize the 

method of destruction or technology 

discussed above. 

7. The analytical process utilized to 

evaluate the effectiveness of the method 

of destruction or technology. Provide 

the analytical results validating 

attainment of the non-retrievable 

standard. 

8. The characteristics or constituents 

of any by-products or waste generated 

through the process used to render the 

controlled substance non-retrievable. 

Provide the waste profile sheet or 

similar documentation showing 

analytical results of the by-products or 

waste generated. 

9. The disposal process of the byproducts or waste generated. 

10. The Federal, state, or local 

regulatory requirements associated with 

the disposal process and/or disposal of 

the by-products or waste. 

Regulatory Analysis 

This ANPRM was developed in 

accordance with the principles of 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ and E.O. 14094, 

‘‘Modernizing Regulatory Review.’’ 

Since this action is an ANPRM, it does 

not create or propose to create any new 

requirements. Therefore, this regulatory 

action is not significant under section 

3(f) of E.O. 12866. 

Furthermore, the requirements of the 

Regulatory Flexibility Act do not apply 

to this action because, at this stage, it is 

an ANPRM and not a ‘‘rule’’ as defined 

in 5 U.S.C. 601. Following review of the 

comments received in response to this 

ANPRM, if DEA proceeds with a notice 

of proposed rulemaking regarding this 

matter, DEA will conduct all relevant 

analyses as required by statute or 

Executive Order. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on October 26, 2023, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2023–23984 Filed 10–30–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 115 and 125 

[Docket No. FR–6355–P–01] 

RIN 2529–AB07 

Removing Criminal Conviction 

Restrictions for Testers in FHIP- and 

FHAP-Funded Testing Programs 

AGENCY: Office of Fair Housing and 

Equal Opportunity, HUD. 

ACTION: Proposed rule. 

SUMMARY: Through this proposed rule, 

the U.S. Department of Housing and 

Urban Development (HUD) seeks to 

eliminate the tester restrictions for Fair 

Housing Initiatives Program (FHIP) 

grantees and for Fair Housing 

Assistance Program (FHAP) agencies 

that forbid FHIP and FHAP recipients 

from using fair housing testers with 

prior felony convictions or convictions 

of crimes involving fraud or perjury. 

This proposed rule would make HUD’s 

programs as inclusive as possible for 

people with criminal records, consistent 

with Secretary Marcia Fudge’s April 12, 

2022 Memorandum, ‘‘Eliminating 

Barriers That May Unnecessarily 

Prevent Individuals with Criminal 

Histories from Participating in HUD 

Program,’’ and ensure that FHIP and 

FHAP funded entities are able to fully 

investigate criminal background 

screening policies that are potentially 

discriminatory under federal civil rights 

laws by using testers with actual 

criminal backgrounds. 

DATES: Comment due date: January 2, 

2024. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 


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