9078 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 

up to the initially published MTOW of 

30,000 pounds. 

FAA’s Conclusions 

Upon further consideration, the FAA 

has determined that AD 2023–13–07 is 

no longer necessary. Accordingly, this 

proposed AD would remove AD 2023– 

13–07. Removal of AD 2023–13–07 

would not preclude the FAA from 

issuing another related action or commit 

the FAA to any course of action in the 

future. This proposed AD would remove 

all actions of AD 2023–13–07. 

Therefore, this proposed AD would 

terminate all requirements of AD 2023– 

13–07. 

Related Costs of Compliance 

This proposed AD would add no cost. 

This proposed AD would remove AD 

2023–13–07 from 14 CFR part 39; 

therefore, operators would no longer be 

required to show compliance with that 

AD. 

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. 

Regulatory Findings 

The FAA has determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would 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 Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2023–13–07, Amendment 39– 

22492 (88 FR 43052, July 6, 2023), and 

■ b. Adding the following new AD: 

Saab AB, Support and Services (formerly 

known as Saab AB, Saab Aeronautics): 

Docket No. FAA–2024–0220; Project 

Identifier MCAI–2023–00760–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 25, 

2024. 

(b) Affected ADs 

This AD replaces AD 2023–13–07, 

Amendment 39–22492 (88 FR 43052, July 6, 

2023) (AD 2023–13–07). 

(c) Applicability 

This AD applies to Saab AB, Support and 

Services (formerly known as Saab AB, Saab 

Aeronautics) Model SAAB 340B airplanes, 

certificated in any category, as identified in 

European Union Aviation Safety Agency 

(EASA) AD 2023–0121, dated June 13, 2023: 

airplanes not having SAAB modification 

2571 (extended wingtip modification) 

embodied and having GE Aviation Systems 

LTD (Dowty Propellers) installed. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 51, Standard practices/ 

structures. 

(e) Terminating Action 

This AD terminates all requirements of AD 

2023–13–07. 

(f) Related Information 

For more information about this AD, 

contact Shahram Daneshmandi, Aviation 

Safety Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

206–231–3220; email 

shahram.daneshmandi@faa.gov. 

(g) Material Incorporated by Reference 

None. 

Issued on February 1, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02433 Filed 2–8–24; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Chapter 1461 

[Docket No. CPSC–2022–0017] 

Notice of Availability of Updated ASTM 

Standard Under the Portable Fuel 

Container Safety Act 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of availability and 

request for comment. 

SUMMARY: In August 2023, the U.S. 

Consumer Product Safety Commission 

(Commission or CPSC) determined 

under the Portable Fuel Container 

Safety Act of 2020 (PFCSA) that ASTM 

F3429/F3429M–23 is a consumer 

product safety standard that impedes 

the propagation of flames into pre-filled 

portable fuel containers, and therefore 

incorporated the voluntary standard by 

reference as a mandatory rule. ASTM 

has since notified the Commission that 

it has revised this voluntary standard. 

CPSC seeks comment on whether the 

revision meets the PFCSA’s 

requirements for adoption in the 

mandatory rule. 

DATES: Comments must be received by 

February 23, 2024. 

ADDRESSES: Submit comments, 

identified by Docket No. CPSC–2022– 

0017, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Do not submit through this website: 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. CPSC 

typically does not accept comments 

submitted by email, except as described 

below. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: CPSC 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal. You may, however, 

submit comments by mail, hand 

delivery, or courier to: Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 9079 

1The Commission voted 4–0 to publish this 

notification. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

https://www.regulations.gov. If you wish 

to submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public, you may submit such 

comments by mail, hand delivery, or 

courier, or you may email them to: cpscos@cpsc.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2022–0017, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Scott Ayers, U.S. Consumer Product 

Safety Commission, 5 Research Place, 

Rockville, MD 20850; telephone: 301– 

987–2030; email: sayers@cpsc.gov. 

SUPPLEMENTARY INFORMATION: The 

PFCSA requires the Commission to 

promulgate a final rule to require flame 

mitigation devices in portable fuel 

containers that impede the propagation 

of flame into the container. 15 U.S.C. 

2056d(b)(1)–(2). However, the 

Commission is not required to 

promulgate a final rule for a class of 

portable fuel containers within the 

scope of the PFCSA if the Commission 

determines that: 

• there is a voluntary standard for 

flame mitigation devices for those 

containers that impedes the propagation 

of flame into the container; 

• the voluntary standard is or will be 

in effect not later than 18 months after 

the date of enactment of the PFCSA; and 

• the voluntary standard is developed 

by ASTM International or such other 

standard development organization that 

the Commission determines to have met 

the intent of the PFCSA. 

15 U.S.C. 2056d(b)(3)(A). After 

publication of the Federal Register 

notification announcing the 

Commission’s positive determination, 

the requirements of such a voluntary 

standard ‘‘shall be treated as a consumer 

product safety rule.’’ 15 U.S.C. 

2056d(b)(2)(B) and (b)(4). Under this 

authority, on January 13, 2023, the 

Commission published a notification 

determining that three voluntary 

standards for portable fuel containers 

meet the requirements of the PFCSA 

and would be treated as consumer 

product safety rules: ASTM F3429/ 

F3429M–20 (pre-filled containers); 

ASTM F3326–21 (containers sold 

empty); and section 18 of UL 30:2022 

(safety cans). 88 FR 2206. 

Portable fuel containers sold pre-filled 

are within the scope of ASTM F3429/ 

F3429M, Standard Specification for 

Performance of Flame Mitigation 

Devices Installed in Disposable and PreFilled Flammable Liquid Containers. 

ASTM lists the standard as a dual 

standard in inch-pound units (F3429 

designation) and metric units (F3429M 

designation). ASTM F3429/F3429M was 

first published in 2020. ASTM 

published a revised version of ASTM 

F3429/F3429M–20 in May 2023, as 

ASTM F3429/F3429M–23. On August 

22, 2023, the Commission determined 

that the 2023 revisions met the 

requirements of section 2056d(b)(3)(A) 

of the PFCSA. Accordingly, ASTM 

F3429/F3429M–23 is the current 

mandatory consumer product safety rule 

for pre-filled-portable fuel containers. 

On October 31, 2023, the Commission 

published a direct final rule creating 16 

CFR part 1461 for portable fuel 

containers to incorporate by reference 

the revised ASTM F3429/F3429M–23, 

as well as ASTM F3326–21 and section 

18 of UL 30:2022.5. 88 FR 74342. 

Under section (b)(5) of the PFCSA, if 

the requirements of a voluntary 

standard that meet the requirements of 

section (b)(3) are subsequently revised, 

the organization that revised the 

standard shall notify the Commission 

after the final approval of the revision. 

15 U.S.C. 2056d(b)(5). Any such 

revision to the voluntary standard shall 

become enforceable as the new 

consumer product safety rule not later 

than 180 days after the Commission is 

notified of a revised voluntary standard 

that meets the conditions of section 

(b)(3) (or such later date as the 

Commission determines appropriate), 

unless the Commission determines, 

within 90 days after receiving the 

notification, that the revised voluntary 

standard does not meet the 

requirements described in section (b)(3) 

of the PFCSA. 15 U.S.C. 2056d(b)(5). 

On January 29, 2024, ASTM notified 

the Commission that it had approved 

and published ASTM F3429/F3429M– 

24. CPSC staff is assessing the revised 

voluntary standard to determine, 

consistent with section (b)(5) of the 

PFCSA, whether the revisions in ASTM 

F3429/F3429M–24 meet the 

requirements of section (b)(3)(A) of the 

PFCSA listed above. The Commission 

invites public comment on that question 

to inform staff’s assessment and any 

subsequent Commission consideration 

of the revisions in ASTM F3429/ 

F3429M–24.1

ASTM F3429/F3429M–24 is available 

for review in several ways. ASTM has 

provided on its website (at 

www.astm.org/CPSC.htm), at no cost, a 

read-only copy of ASTM F3429/ 

F3429M–24, including a red-lined 

version that identifies the changes made 

to ASTM F3429/F3429M–23. A readonly copy of the existing standard 

(ASTM F3429/F3429M–23) is available 

for viewing, at no cost, on the ASTM 

website at: www.astm.org/ 

READINGLIBRARY/. Interested parties 

can also download copies of the 

standards by purchasing them from 

ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; phone: 

610–832–9500; https://www.astm.org. 

Alternatively, interested parties can 

schedule an appointment to inspect 

copies of the standards at CPSC’s Office 

of the Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone: 301–504–7479. 

Comments must be received by 

February 23, 2024. Because of the short 

statutory time frame Congress 

established for the Commission to 

consider revised voluntary standards 

under section (b)(5) of the PFCSA, CPSC 

will not consider comments received 

after this date. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–02562 Filed 2–8–24; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Parts 325 and 330 

[Docket ID: COE–2023–0004] 

RIN 0710–AB46 

Processing of Department of the Army 

Permits; Procedures for the Protection 

of Historic Properties 

AGENCY: Army Corps of Engineers, 

Department of Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: To demonstrate the greatest 

possible consistency between the 

procedures used by the U.S. Army 

Corps of Engineers (Corps) Regulatory 

Program to comply with the National 


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