This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

77233 

Vol. 88, No. 216 

Thursday, November 9, 2023 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 982 

[Doc. No. AMS–SC–23–0034] 

Hazelnuts Grown in Oregon and 

Washington; Decreased Assessment 

Rate 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

Hazelnut Marketing Board (Board) to 

decrease the assessment rate established 

for the 2023–2024 marketing year and 

subsequent marketing years. The 

proposed assessment rate would remain 

in effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

December 11, 2023 to be assured 

consideration. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments can be sent to the Docket 

Clerk, Market Development Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, STOP 

0237, Washington, DC 20250–0237. 

Comments can also be submitted to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

via the internet at: https://

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register. Comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public and 

can be viewed at: https://

www.regulations.gov. Please be advised 

that the identity of the individuals or 

entities submitting the comments will 

be made public on the internet at the 

address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Virginia Tjemsland, Marketing 

Specialist, or Gary Olson, Chief, West 

Region Branch, Market Development 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (503) 326– 

2724, or Email: Virginia.L.Tjemsland@

usda.gov or GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes to amend regulations issued to 

carry out a marketing order as defined 

in 7 CFR 900.2(j). This proposed rule is 

issued under Marketing Agreement No. 

115 and Order No. 982, both as 

amended (7 CFR part 982), regulating 

the handling of hazelnuts grown in 

Oregon and Washington. Part 982 

(referred to as the ‘‘Order’’) is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ The Board locally 

administers the Order and comprises 

growers and handlers of hazelnuts 

operating within the area of production, 

and a public member. 

The Agricultural Marketing Service 

(AMS) is issuing this proposed rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 supplements and reaffirms 

Executive Orders 12866 and 13563 and 

directs agencies to conduct proactive 

outreach to engage interested and 

affected parties through a variety of 

means, such as through field offices, 

and alternative platforms and media. 

This action falls within a category of 

regulatory actions that the Office of 

Management and Budget (OMB) 

exempted from Executive Order 12866 

review. 

This proposed rule has been reviewed 

under Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 

determined that this proposed rule is 

unlikely to have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the Order now in 

effect, hazelnut handlers are subject to 

assessments. Funds to administer the 

Order are derived from such 

assessments. It is intended that the 

assessment rate would be applicable to 

all assessable hazelnuts for the 2023– 

2024 marketing year, and continue until 

amended, suspended, or terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and requesting a modification of the 

order or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

Section 982.61 provides authority for 

the Board, with the approval of AMS, to 

formulate an annual budget of expenses 

and collect assessments from handlers 

to administer the program. Members are 

familiar with the Board’s needs and 

with the costs of goods and services in 

their local area and are, thus, in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77234 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

1Specifically, $110,000 in Agricultural Trade 

Promotion program funds, $300,000 in Market 

Access Program funds, and $85,000 in Technical 

Assistance for Specialty Crop program funds. 

discussed in a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2017–2018 marketing year and 

subsequent marketing years, the Board 

recommended, and AMS approved, an 

assessment rate of $12 per ton 

(equivalent to $0.006 per pound) of 

hazelnuts. That rate continues in effect 

from marketing year to marketing year 

until modified, suspended, or 

terminated by AMS upon 

recommendation and information 

submitted by the Board or other 

information available to AMS. This 

proposed rule would decrease the 

assessment rate from $0.006 per pound 

to $0.005 per pound for the 2023–2024 

marketing year and subsequent 

marketing years. 

The Board met on June 29, 2023, and 

recommended 2023–2024 marketing 

year expenditures of $1,815,000 and an 

assessment rate of $10 per ton (the 

equivalent of $0.005 per pound) of 

hazelnuts handled for the 2023–2024 

marketing year and subsequent 

marketing years. In comparison, last 

year’s budgeted expenditures were 

$2,378,550. The proposed assessment 

rate of $0.005 per pound is $0.001 lower 

than the rate currently in effect. The 

Board recommended decreasing the 

assessment rate to better align 

assessment revenue with budgeted 

expenses and to reduce the financial 

burden on the industry in a period of 

low commodity prices. The Board 

projects handler receipts of 85,000 tons 

(170 million pounds) of hazelnuts for 

the 2023–2024 marketing year, which is 

10,000 tons (20 million pounds) more 

than was projected for the 2022–2023 

marketing year. 

The expenditures totaling $1,815,000 

recommended by the Board for the 

2023–2024 marketing year include 

$670,000 for promotional activities, 

$300,000 for contingency/undesignated, 

$100,000 for marketing research, 

$100,000 for research endowment, 

$378,000 for administrative activities, 

and $267,000 for miscellaneous 

expenses. By comparison, budgeted 

expenditures for the 2022–2023 

marketing year for promotional 

activities, contingency, marketing 

research, research endowment, 

administrative activities and 

miscellaneous expenses were 

$1,251,200, $200,000, $150,000, 

$100,000, $347,350, and $330,000, 

respectively. The Board’s 2023–2024 

marketing year budget was reduced to 

account for generally lower commodity 

prices and decreased industry revenue. 

The expected 170 million pounds of 

assessable hazelnuts from the 2023 crop 

would generate $850,000 in assessment 

revenue at the proposed assessment rate 

(170 million pounds multiplied by 

$0.005 assessment rate). The remaining 

$965,000 needed to cover budgeted 

expenditures would come from new 

grant funds and reserve funds carried 

over from previous marketing years. The 

Board anticipates $495,000 in federal 

grants administered by USDA’s Foreign 

Agricultural Service.1 The remaining 

$470,000 necessary to cover budgeted 

expenditures would come from its 

monetary reserve. The recommended 

assessment rate should be appropriate to 

ensure that the Board has sufficient 

revenue, along with grants awarded and 

reserve funds, to fully fund its 

recommended 2023–2024 marketing 

year budgeted expenditures and still 

maintain a level of reserve funds that 

the Board believes is appropriate. 

The Board derived the recommended 

assessment rate by considering 

anticipated expenses, an estimated 2023 

crop volume of 170 million pounds of 

assessable hazelnuts, grants that have 

been awarded, and the amount of funds 

available in the authorized reserve. 

Income derived from handler 

assessments ($850,000), and funds from 

other sources ($965,000), is expected to 

be adequate to cover budgeted expenses 

($1,815,000). 

The proposed assessment rate would 

continue in effect indefinitely unless 

modified, suspended, or terminated by 

AMS upon recommendation and 

information submitted by the Board or 

other available information. 

Although this assessment rate would 

be in effect for an indefinite period, the 

Board would continue to meet prior to 

or during each marketing year to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Board meetings are 

available from the Board or AMS. Board 

meetings are open to the public and 

interested persons may express their 

views at these meetings. AMS would 

evaluate Board recommendations and 

other available information to determine 

whether modification of the assessment 

rate is needed. Further rulemaking 

would be undertaken as necessary. The 

Board’s 2023–2024 marketing year 

budget and those for subsequent 

marketing years will be reviewed and, 

as appropriate, approved by AMS. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this proposed 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of typically small 

entities acting on their own behalf. 

There are approximately 1,103 

producers of hazelnuts in the 

production area and 14 handlers subject 

to regulation under the Order. At the 

time this analysis was prepared, small 

agricultural producers of hazelnuts were 

defined by the Small Business 

Administration (SBA) as those having 

annual receipts equal to or less than 

$3,750,000 (North American Industry 

Classification System code 111335), and 

small agricultural service firms were 

defined as those whose annual receipts 

are equal to or less than $34,000,000 

(North American Industry Classification 

System code 115114) (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service (NASS), 

the average producer price received for 

hazelnuts sold in Oregon specifically in 

2022 was $1,300 per ton. Total 

production of hazelnuts for the 2022 

season was reported by the NASS to be 

68,000 tons. Using the average price and 

production data from the 2022 crop 

year, the most recent year for which 

there is NASS data available, the total 

2022 crop value of hazelnuts could be 

estimated to be $88,400,000 (68,000 tons 

times $1,300 per ton). Dividing the crop 

value by the estimated number of 

producers (1,103) yields estimated 

average receipts per hazelnut producer 

of $80,145, which is well below the SBA 

threshold for small producers. 

In addition, according to AMS Market 

News data, the reported average 2021– 

2022 marketing year shipping point 

price for hazelnuts was $126.82 per 50- 

pound container, or $2.54 per pound 

($126.82 per 50-pound container 

divided by 50 pounds). Multiplying the 

2022 hazelnut production of 

136,000,000 pounds (68,000 tons) by the 

estimated average price per pound of 

$2.54 equals $345,440,000 of estimated 

handler receipts. Dividing this figure by 

the 14 regulated handlers yields 

estimated average annual handler 

receipts of approximately $24,674,286 

($345,440,000 divided by 14 handlers), 

which is below the SBA threshold for 

small agricultural service firms. 

Therefore, using the above data, most of 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 77235 

the producers and handlers of hazelnuts 

may be classified as small entities. 

This proposal would decrease the 

assessment rate collected from handlers 

for the 2023–2024 marketing year and 

subsequent marketing years from $0.006 

to $0.005 per pound of assessable 

hazelnuts. The Board unanimously 

recommended 2023–2024 marketing 

year expenditures of $1,815,000 and an 

assessment rate of $10 per ton ($0.005 

per pound) of assessable hazelnuts. The 

proposed assessment rate of $0.005 per 

pound is $.001 lower than the current 

rate. The Board expects the industry to 

handle 85,000 tons (170 million 

pounds) of assessable hazelnuts during 

the 2023–2024 marketing year. Thus, at 

the $0.005 per pound rate, the Board 

anticipates $850,000 in assessment 

income (170 million pounds multiplied 

by $0.005 per pound). The Board also 

expects to use grant funds and the 

Board’s monetary reserve to cover the 

remaining $965,000 of expenses. Income 

derived from handler assessments, along 

with grants and reserve funds, should be 

adequate to meet budgeted expenditures 

for the 2023–2024 marketing year. 

The major expenditures 

recommended by the Board for the 

2023–2024 marketing year include 

$670,000 for promotional activities, 

$300,000 for contingency/undesignated, 

$100,000 for marketing research, 

$100,000 for research endowment, 

$378,000 for administrative activities, 

and $267,000 for miscellaneous 

expenses. Budgeted expenditures for the 

2022–2023 marketing year were 

$1,251,200 for promotional activities, 

$200,000 for contingency/undesignated, 

$150,000 for marketing research, 

$100,000 for research endowment, 

$347,350 for administrative activities, 

and $330,000 for miscellaneous, 

respectively. 

The Board’s 2023–2024 marketing 

year budget was reduced $563,550 from 

the prior year’s budget to account for 

generally lower commodity prices and 

decreased industry revenue. In addition, 

the Board recommended decreasing the 

assessment rate to reduce the financial 

burden on the handlers and growers 

during the current environment of 

depressed prices. In recent years, the 

Board has utilized reserve funds to 

partially fund its budgeted 

expenditures. The Board’s 2023–2024 

marketing year budget again utilizes 

funds from the financial reserve to 

subsidize expenditures, but at a lower 

amount than in previous years. With 

this action, the Board’s reserve balance 

would be maintained at a level that the 

Board believes is appropriate and is 

compliant with the provisions of the 

Order. 

Prior to arriving at the budget and 

proposed assessment rate, the Board 

discussed various alternatives, 

including maintaining the current 

assessment rate of $0.006 per pound and 

reducing the assessment rate to $0.0055 

per pound ($11 per ton). However, the 

Board determined that the 

recommended assessment rate would be 

able to reduce the financial burden on 

the industry and still fund most of the 

Board’s budgeted expenses without 

drawing down reserves at an 

unsustainable rate. The assessment rate 

of $0.005 per pound of hazelnuts was 

derived by considering anticipated 

expenses, the projected volume of 

assessable hazelnuts, the projected 

monetary balance held in reserve, and 

additional pertinent factors. 

A review of NASS information 

indicates that the average producer 

price for the 2022 crop year was $0.65 

per pound ($1,300 per ton). Further, 

NASS reported the quantity of hazelnuts 

harvested in the 2022 crop year was 136 

million pounds (68,000 tons), which 

yields estimated total producer revenue 

for 2022 of $88,400,000 ($0.65 per 

pound multiplied by 136 million 

pounds). Therefore, utilizing the 

assessment rate of $0.005 per pound, the 

estimated assessment revenue as a 

percentage of total producer revenue 

would be approximately 0.77 percent 

($0.005 per pound multiplied by 136 

million pounds divided by $88,400,000 

and multiplied by 100). 

This proposed action would decrease 

the assessment obligation imposed on 

handlers. Assessments are applied 

uniformly on all handlers, and some of 

the costs may be passed on to growers. 

However, these costs are expected to be 

offset by the benefits derived by the 

operation of the Order. 

The Board’s meetings are widely 

publicized throughout the production 

area. The hazelnut industry and all 

interested persons are invited to attend 

the meetings and participate in Board 

deliberations on all issues. Like all 

Board meetings, the June 29, 2023, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. Finally, 

interested persons are invited to submit 

comments on this proposed rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes in those requirements would be 

necessary as a result of this proposed 

rule. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This proposed rule would not impose 

any additional reporting or 

recordkeeping requirements on either 

small or large hazelnut handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this proposed rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendations 

submitted by the Committee and other 

available information, USDA has 

determined that this proposed rule is 

consistent with and will effectuate the 

purposes of the Act. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. All written 

comments timely received will be 

considered before a final determination 

is made on this rule. 

List of Subjects in 7 CFR Part 982 

Marketing agreements, Nuts, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

982 as follows: 

PART 982—HAZELNUTS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 982 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Revise 982.340 to read as follows: 

§ 982.340 Assessment rate. 

On and after July 1, 2023, an 

assessment rate of $0.005 per pound is 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77236 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

established for Oregon and Washington 

hazelnuts. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–24793 Filed 11–8–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2147; Project 

Identifier MCAI–2023–00663–E] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Canada Corp. Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Pratt & Whitney Canada Corp. (P&WC) 

Model PW307A and PW307D engines. 

This proposed AD was prompted by a 

root cause analysis of an event involving 

an uncontained failure of a highpressure turbine (HPT) 1st-stage disk 

that resulted in high-energy debris 

penetrating the engine cowling and an 

aborted takeoff. This proposed AD 

would require removing from service 

and replacing certain HPT disks and 

would also prohibit installing certain 

HPT disks on any engine, as specified 

in a Transport Canada AD, which is 

proposed for incorporation by reference 

(IBR). The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this NPRM by December 26, 2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2147; 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 NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For service information identified 

in this proposed AD, contact Transport 

Canada, Transport Canada National 

Aircraft Certification, 159 Cleopatra 

Drive, Nepean, Ontario, K1A 0N5, 

Canada; phone: (888) 663–3639; email: 

TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; 

website: tc.canada.ca/en/aviation. It is 

also available at regulations.gov under 

Docket No. FAA–2023–2147. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 1200 District Avenue, 

Burlington, MA 01803. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Caufield, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

(781) 238–7146; email: 

barbara.caufield@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–2147; Project Identifier 

MCAI–2023–00663–E’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, 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 proposal 

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 NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

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 NPRM, 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 

NPRM. Submissions containing CBI 

should be sent to Barbara Caufield, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590. Any commentary that the 

FAA receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Transport Canada AD CF–2023– 

30, dated May 8, 2023 (Transport 

Canada AD CF–2023–30) (also referred 

to as the MCAI), to correct an unsafe 

condition on P&WC Model PW307A and 

PW307D engines with certain serial 

numbered HPT disks installed. The 

MCAI states that on March 18, 2020, an 

Airbus Model A321–231 airplane, 

powered by an International Aero 

Engines AG (IAE) Model V2533–A5 

engines, experienced an uncontained 

HPT 1st-stage disk failure that resulted 

in an aborted takeoff and high-energy 

debris penetrating the engine cowling. 

In response to the March 2020 

uncontained HPT 1st-stage disk failure, 

the FAA issued a series of ADs, 

including Emergency AD 2020–07–51, 

Amendment 39–21110 (85 FR 20402, 

April 13, 2020) (AD 2020–07–51). Since 

the FAA issued AD 2020–07–51, IAE 

determined that the failure of the 

V2533–A5 engine was due to an 

undetected subsurface material defect in 

the HPT 1st-stage disk that may affect 

the life of the part. In coordination with 

IAE, P&WC performed a records review 

and analysis of PW307A and PW307D 

engine parts made of similar material 

and identified additional affected HPT 

1st and 2nd-stage disks, installed on 

PW307A and PW307D engines. These 

additional HPT disks may have a 

material defect that could reduce the life 

of the part and must be removed from 

service. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–2147. 


ddrumheller on DSK120RN23PROD with PROPOSALS1