Notice of Availability of Updated ASTM Standard Under the Portable Fuel Container Safety Act, 9078-9079 [2024-02562]
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9078
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules
up to the initially published MTOW of
30,000 pounds.
under the criteria of the Regulatory
Flexibility Act.
FAA’s Conclusions
List of Subjects in 14 CFR Part 39
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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
16:59 Feb 08, 2024
Jkt 262001
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.
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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
Consumer Product Safety
Commission.
ACTION: Notice of availability and
request for comment.
AGENCY:
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.
SUMMARY:
E:\FR\FM\09FEP1.SGM
09FEP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules
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
VerDate Sep<11>2014
16:59 Feb 08, 2024
Jkt 262001
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
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9079
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
Army Corps of Engineers,
Department of Defense (DoD).
ACTION: Proposed rule.
AGENCY:
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
SUMMARY:
1 The Commission voted 4–0 to publish this
notification.
E:\FR\FM\09FEP1.SGM
09FEP1
Agencies
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9078-9079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02562]
=======================================================================
-----------------------------------------------------------------------
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.
[[Page 9079]]
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: [email protected].
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: [email protected].
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 Pre-Filled 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\
---------------------------------------------------------------------------
\1\ The Commission voted 4-0 to publish this notification.
---------------------------------------------------------------------------
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 read-only
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