[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48490-48493]
[FR Doc No: 2021-18704]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0366; Project Identifier MCAI-2021-00080-T;
Amendment 39-21685; AD 2021-17-02]
RIN 2120-AA64

Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-23-
13, which applied to all ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-200, -300, and -320 airplanes. AD 2020-23-13 required a
one-time inspection for discrepancies of the wire bundles between the
left- and right-hand angle of attack (AOA) probes and the crew alerting
computer, and, depending on findings, applicable corrective actions.
This AD continues to require the actions in AD 2020-23-13, and also
requires for certain airplanes, modifying the captain stick shaker
wiring, and for all airplanes, revising the existing aircraft flight
manual (AFM) and applicable corresponding operational procedures to
incorporate procedures for the stick pusher/shaker, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. This AD was prompted by false activation of the stall
warning system due to wiring damage on the wire bundle between an AOA
probe and the crew alerting computer, and the development of a wiring
modification and AFM update to address the unsafe condition. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 5, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 5,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact

EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR 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<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0366.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0366; 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, 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.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0024, dated January 19, 2021
(EASA AD 2021-0024) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -
300, and -320 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-23-13, Amendment 39-21330 (85 FR
73407, November 18, 2020) (AD 2020-23-13). AD 2020-23-13 applied to all
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and
-320 airplanes. The NPRM published in the Federal Register on May 13,
2021 (86 FR 26195). The NPRM was prompted by false activation of the
stall warning system due to wiring damage on the wire bundle between an
AOA probe and the crew alerting computer, and the development of a
wiring modification and AFM update to address the unsafe condition. The
NPRM proposed to continue to require the actions in AD 2020-23-13, and
also proposed to require for certain airplanes, modifying the captain
stick shaker wiring, and for all airplanes, revising the existing AFM
and applicable corresponding operational procedures to incorporate
procedures for the stick pusher/shaker, as specified in EASA AD 2021-
0024.
    The FAA is issuing this AD to address false activation of the stall
warning system, which could result in loss of control of the airplane
during take-off and landing phases. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA)
indicated its support for the NPRM.

Explanation of Changes to This AD

    The FAA has added paragraph (h)(7) of this AD to clarify what
``discrepancies'' are since the ATR Airworthiness Operators Message
(AOM) referred to in EASA AD 2021-0024 does not use the word
``discrepancy.''
    The FAA has revised paragraph (h)(4)(ii) of this AD to clarify
that, for inspections done on or before December 3, 2020, those reports
must be submitted ``within 30 days after December 3, 2020.'' In the
proposed AD, the FAA inadvertently stated that the reports were to be
submitted ``within 30 days after the effective date of this AD.''
However, this requirement is retained from AD 2020-23-13 and the FAA
intends for the compliance time to remain the same.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0024 describes procedures for a one-time detailed
visual inspection of the wire bundles between the left- and right-hand
AOA probes and the crew alerting computer for discrepancies (including,
but not limited to, wire damage, missing or damaged conduits, and
incorrect routing of wiring and conduits), and, depending on findings,
applicable corrective actions. EASA AD 2021-0024 also describes
procedures for modifying the captain stick shaker wiring, and amending
the systems limitations section of the applicable AFM to incorporate
procedures for the stick pusher/shaker. 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 26 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-23-  Up to 10 work-hours              $0  Up to $850.........  Up to $22,100.
 13.                                x $85 per hour =
                                    Up to $850.
New proposed actions.............  4 work-hours x $85             $100  $440...............  $11,440.
                                    per hour = $340.
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this AD. The
average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $2,210, or $85 per product.
    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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.

Adoption of 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) 2020-23-13, Amendment 39-21330
(85 FR 73407, November 18, 2020); and
0
b. Adding the following new AD:

2021-17-02 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-21685; Docket No. FAA-2021-0366; Project Identifier MCAI-2021-
00080-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 5, 2021.

(b) Affected ADs

    This AD replaces AD 2020-23-13, Amendment 39-21330 (85 FR 73407,
November 18, 2020) (AD 2020-23-13).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Reason

    This AD was prompted by false activation of the stall warning
system due to wiring damage on the wire bundle between an angle of
attack (AOA) probe and the crew alerting computer, and the
development of a wiring modification and aircraft flight manual
(AFM) update to address the unsafe condition. The FAA is issuing
this AD to address this condition, which could result in loss of
control of the airplane during take-off and landing phases.

(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
2021-0024, dated January 19, 2021 (EASA AD 2021-0024).

(h) Exceptions to EASA AD 2021-0024

    (1) Where EASA AD 2021-0024 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0024 refers to ``the effective date of
EASA AD 2020-0221,'' this AD requires using December 3, 2020 (the
effective date of AD 2020-23-13).
    (3) The ``Remarks'' section of EASA AD 2021-0024 does not apply
to this AD.
    (4) Paragraph (3) of EASA AD 2021-0024 specifies to report
inspection results to ATR--GIE Avions de Transport R[eacute]gional
within a certain compliance time. For this AD, report inspection
results at the applicable time specified in paragraph (h)(4)(i) or
(ii) of this AD.
    (i) If the inspection was done on or after December 3, 2020 (the
effective date of AD 2020-23-13): Submit the report within 30 days
after the inspection.
    (ii) If the inspection was done before December 3, 2020 (the
effective date of AD 2020-23-13): Submit the report within 30 days
after December 3, 2020.
    (5) Paragraphs (5) and (6) of EASA AD 2021-0024 specify amending
``the applicable AFM [aircraft flight manual] of that aeroplane by
inserting the AFM change provided in Appendix 1 of this [EASA] AD,''
however this AD requires amending ``the existing AFM and applicable
corresponding operational procedures to incorporate the limitations
and procedures specified in Appendix 1 of EASA AD 2021-0024.''
    (6) Where paragraphs (5) and (6) of EASA AD 2021-0024 specify to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations.
    (7) Where paragraph (1) of EASA AD 2021-0024 refers to
``discrepancies,'' for this AD discrepancies include, but are not
limited to, wire damage, missing or damaged conduits, and incorrect
routing of wiring and conduits.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards 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, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or ATR--GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.

(j) Related Information

    For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) 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 2021-0024,
dated January 19, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0024, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0366.
    (5) You may view this material 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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-18704 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Rules and Regulations]
[Pages 773-775]
[FR Doc No: 2022-28150]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0782; FRL-10215-02-R4]

Air Plan Approval; NC; Miscellaneous NSR Revisions and Updates;
Updates to References to Appendix W Modeling Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision, submitted by
North Carolina on April 13, 2021. Specifically, EPA is approving
updates to the incorporation by reference of Federal new source review
(NSR) regulations and federal guidelines on air quality modeling in the
North Carolina SIP. EPA is also converting a previous conditional
approval regarding the infrastructure SIP prevention of significant
deterioration (PSD) elements, for the 2015 ozone national ambient air
quality standards (NAAQS) for North Carolina to a full approval. EPA is
also approving updates to North Carolina's NSR regulations to better
align them with the federal rules. EPA is approving these changes
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective February 6, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2022-0782. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA
requests that, if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number for Mr. Ortiz Borrero is (404) 562-
8085. Mr. Ortiz Borrero can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe.\1\ For the 2015 8-hour ozone NAAQS, states were required to
submit such SIP revisions (also known as iSIPs) no later than October
1, 2018.
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    \1\ Section 110(a)(2) requires states to address basic SIP
elements such as requirements for monitoring, basic program
requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS. This particular type of SIP
is commonly referred to as an ``infrastructure SIP'' or ``iSIP.''
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    On September 27, 2018, North Carolina met the requirement to submit
an iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018,
deadline. Through previous rulemakings, EPA approved most of the
infrastructure SIP elements for the 2015 ozone NAAQS for North
Carolina.\2\ However, regarding the PSD elements of section
110(a)(2)(C), (D)(i)(II) (prong 3), and (J) (herein referred to as
element C, Prong 3, and element J, respectively), EPA conditionally
approved \3\ these portions of North Carolina's iSIP submission because
of outdated references to the federal guideline on air quality modeling
found in Appendix W of 40 CFR part 51.\4\
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    \2\ EPA approved most elements for North Carolina, except for
the Interstate Transport provisions (Prongs 1 & 2) and the PSD
provisions (elements C, Prong 3, and J), on March 11, 2020. See 85
FR 14147. EPA approved the interstate transport provisions (Prongs 1
& 2) for North Carolina on December 2, 2021. See 86 FR 68413.
    \3\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval and EPA will issue a
finding of disapproval.
    \4\ See 85 FR 20836 (April 15, 2020).
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    As discussed in the conditional approval for the 2015 ozone iSIP
PSD elements, North Carolina's SIP contained outdated references to
Appendix W, and the State committed to update the outdated references
and submit a SIP revision within one year of EPA's final rule
conditionally approving these PSD elements. Accordingly, North Carolina
was required to make its submission by April 15, 2021. North Carolina
met its commitment by submitting a SIP revision to correct the
deficiencies on April 13, 2021.
    Through a Notice of Proposed Rulemaking (NPRM), EPA proposed to
approve the changes to the North Carolina SIP and to also convert the
April 15, 2020, conditional approval to a full approval regarding
element C, Prong 3, and element J for the 2015 8-hour ozone NAAQS
infrastructure SIP. See 87 FR 61548 (October 12, 2022). Comments on the
October 12, 2022, NPRM were due on or before November 14, 2022. No
comments were received on the October 12, 2022, NPRM, and EPA is now
finalizing the changes.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of North
Carolina regulations 15A NCAC 02D .0530, ``Prevention of Significant
Deterioration,'' state effective on October 1, 2020, and .0544,
``Prevention of Significant Deterioration Requirements for Greenhouse
Gases,''

state effective on November 1, 2020, making several updates to North
Carolina's emission control permitting rules consistent with federal
requirements.\5\ EPA has made, and will continue to make, the SIP
generally available at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, the revised materials
as stated above, have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\6\
---------------------------------------------------------------------------

    \5\ EPA is not approving the October 1, 2020, state-effective
version of Rule 02D .0530 to the extent that the rule incorporates
by reference certain provisions of 40 CFR 51.166, as specified in
this footnote. NCDAQ provided a letter to EPA dated September 6,
2022, clarifying that it is not requesting approval of these
provisions into the North Carolina SIP.
    EPA is not approving the October 1, 2020, state-effective
version of Rule 02D .0530 to the extent that the rule incorporates
by reference 51.166(b)(2)(iii)(a) as of July 1, 2019. Instead, the
version of 40 CFR 51.166(b)(2)(iii)(a) in the SIP remains the
version that existed in the CFR on March 15, 1996, as approved by
EPA into the SIP on October 15, 1999 (64 FR 55831).
    EPA is also not approving the October 1, 2020, state-effective
version of Rule 02D .0530 to the extent the rule incorporates by
reference 40 CFR 51.166(i)(2). Instead, the version of 40 CFR
51.166(i)(2) in the SIP remains the version that existed in the CFR
on July 1, 2014, as approved by EPA into the SIP on September 11,
2018 (83 FR 45827).
    Finally, EPA is not approving the October 1, 2020, state-
effective version of Rule 02D .0530 to the extent the rule
incorporates by reference the following federal provisions: 40 CFR
51.166(b)(2)(v), 51.166(b)(3)(iii)(d), 51.166(b)(53)-(56),
51.166(i)(11) [note that the NPRM included a typographical error and
cited instead to 40 CFR 51.166(i)(11)(ii)], and 51.166(y).
    \6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving changes to the North Carolina SIP and converting
the conditional approval for element C, Prong 3, and element J for the
2015 8-hour ozone Infrastructure SIP to a full approval. Specifically,
EPA is approving changes to North Carolina Rule 15A NCAC 02D .0530,
``Prevention of Significant Deterioration,'' and .0544, ``Prevention of
Significant Deterioration Requirements for Greenhouse Gases.''

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 6, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 20, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart II--North Carolina

Sec.  52.1769  [Reserved].

0
2. Remove and reserve Sec.  52.1769

0
3. Amend Sec.  52.1770 by:
0
a. In paragraph (c), in table (1) under ``Subchapter 2D Air Pollution
Control Requirements'', revising the entries for ``Section .0530'' and
``Section .0544''; and

0
b. In paragraph (e), in the table by adding at the end an entry for
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour
Ozone NAAQS''
    The additions read as follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                          State
 State citation     Title/subject       effective      EPA approval                   Explanation
                                          date             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Rule .0530......  Prevention of           10/1/2020  1/5/2023,         Except for the incorporation by reference
                   Significant                        [Insert           of 40 CFR 51.166(b)(2)(iii)(a), which is
                   Deterioration.                     citation of       instead the incorporation of the March
                                                      publication].     15, 1996, version of that section as
                                                                        approved into the SIP on October 15,
                                                                        1999.
                                                                       Except for the incorporation by reference
                                                                        of 40 CFR 51.166(i)(2), which is instead
                                                                        the incorporation of the July 1, 2014,
                                                                        version of that section as approved into
                                                                        the SIP on September 11, 2018.
                                                                       Except for the incorporation by reference
                                                                        of 40 CFR 51.166(b)(2)(v),
                                                                        51.166(b)(3)(iii)(d), 51.166(b)(53)-
                                                                        (56), 51.166(i)(11), and 51.166(y).

                                                  * * * * * * *
Rule .0544......  Prevention of           11/1/2020  1/5/2023,         Except for the Biomass Deferral Rule
                   Significant                        [Insert           language contained in the second
                   Deterioration                      citation of       sentence of 40 CFR 51.166(b)(48)(ii)(a).
                   Requirements for                   publication].
                   Greenhouse Gases.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State
             Provision                 effective     EPA approval      Federal Register         Explanation
                                         date            date              citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         4/13/2021        1/5/2023  [Insert citation of    Addressing the PSD
 Requirements for the 2015 8-Hour                                    publication].          provisions of
 Ozone NAAQS.                                                                               sections
                                                                                110(a)(2)(C),
                                                                                (D)(i)(II) (Prong
                                                                                3), and (J) only.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-28150 Filed 1-4-23; 8:45 am]
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[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Page 54975]
[FR Doc No: 2018-23886]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-87]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 21, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0911
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Miles Anderson<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 29, 2018.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-0911.
    Petitioner: The Boeing Company.
    Section(s) of 14 CFR Affected: Sec.  91.527(a).
    Description of Relief Sought: The Boeing Company seeks an exemption
from Sec.  91.527(a) at amendment 91-310 with respect to operating the
777-9 and 777-8 ``777X'' series aircraft in icing conditions. This
exemption would permit The Boeing Company to operate such aircraft
within the holdover times of the other critical surfaces of the
aircraft without specific consideration of the folding wingtip (FWT)
conditions. The exemption would be limited by the Airplane Flight
Manual (AFM)--Miscellaneous Limitations notation that defines
conditions under which takeoff without appropriate de/anti-icing
treatment of the FWT is not permitted.

[FR Doc. 2018-23886 Filed 10-31-18; 8:45 am]
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