[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Rules and Regulations]
[Pages 6026-6028]
[FR Doc No: 2020-01229]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2020-0033; Special Conditions No. 25-766-SC]

Special Conditions: Airbus Defense and Space Model C-295 Series
Airplane; Electronic System Security Protection From Unauthorized
Internal Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Airbus Defense and
Space (Airbus DS) C-295 series airplane. This airplane will have novel
or unusual design features when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. This design feature is airplane electronic systems and
networks that allow access, from airplane internal sources (e.g.,
wireless devices, internet connectivity), to the airplane's previously
isolated, internal electronic components. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Airbus DS on February 4, 2020. Send
comments on or before March 20, 2020.

ADDRESSES: Send comments identified by Docket No. FAA-2020-0033 using
any of the following methods:
     Federal eRegulations 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 (DOT), 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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/,

including any personal information the commenter provides. Using the
search function of the docket website, anyone can find and read the
electronic form of all comments received into any FAA docket, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). DOT's complete
Privacy Act Statement can be found in the Federal Register published on
April 11, 2000 (65 FR 19477-19478).
    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 Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Thuan Nguyen, Airplane and Flight Crew
Interface Section, AIR-671, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, and finds that, for the same reason, good cause exists
for adopting these special conditions upon publication in the Federal
Register.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On August 2, 2018, Airbus DS applied for a change to Type
Certificate No. A21NM to update the Avionics System Rockwell Collins
Proline II to the Avionics System based on Proline Fusion in the Airbus
DS C-295 series airplane. The Airbus DS C-295 series airplane,
currently approved under Type Certificate No. A21NM, is a twin-engine,
transport category airplane configured for freighter use, with a
maximum takeoff weight of 46,300 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Airbus DS must show that the C-295 series airplane, as
changed, meets the applicable provisions of the regulations listed in
Type Certificate No. A21NM, or the applicable regulations in effect on
the date of application for the change, except for earlier amendments
as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus DS C-295 series airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus DS C-295 series airplane must comply with the
fuel vent and exhaust emission requirements of 14 CFR part 34 and the
noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus DS C-295 series airplane will incorporate the following
novel or unusual design feature:
    Airplane electronic systems and networks that allow access, from
airplane internal sources (e.g., wireless devices, internet
connectivity), to the airplane's previously isolated, internal
electronic components.

Discussion

    The Airbus DS C-295 series airplane electronic network system
architecture is novel or unusual for commercial transport airplanes
because it allows connection to previously isolated data networks
connected to systems that perform functions required for the safe
operation of the airplane. This data network and design integration may
result in security vulnerabilities from intentional or unintentional
corruption of data and systems critical to the safety and maintenance
of the airplane. The existing regulations and guidance material did not
anticipate this type of system architecture or electronic access to
airplane systems. Furthermore, 14 CFR regulations and the current
system safety assessment policy and techniques do not address potential
security vulnerabilities, which could be exploited by unauthorized
access to airplane networks and servers. Therefore, these special
conditions are to ensure that the security of airplane systems and
networks is not compromised by unauthorized wired or wireless internal
access.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus DS C-295 series airplane. Should Airbus DS apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on Airbus DS C-295 series airplane. It is not a rule of general
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Airbus DS C-295 series airplane.
    1. The applicant must ensure that the design provides isolation
from, or airplane electronic system security

protection against, access by unauthorized sources internal to the
airplane. The design must prevent inadvertent and malicious changes to,
and all adverse impacts upon, airplane equipment, systems, networks, or
other assets required for safe flight and operations.
    2. The applicant must establish appropriate procedures to allow the
operator to ensure that continued airworthiness of the airplane is
maintained, including all post type certification modifications that
may have an impact on the approved electronic system security
safeguards.

    Issued in Des Moines, Washington, on January 17, 2020.
James E. Wilborn,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2020-01229 Filed 2-3-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Page 62919]
[FR Doc No: 2022-22457]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-15]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the Information Collection Request (ICR) abstracted below to the Office
of Management and Budget (OMB) for review and comment. The ICR
describes the information collection and its expected burden. On July
5, 2022, FRA published a notice providing a 60-day period for public
comment on the ICR.

DATES: Interested persons are invited to submit comments on or before
November 16, 2022.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

FOR FURTHER INFORMATION CONTACT: Mr. John Purnell, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>, or Ms. Hodan Wells, Information Collection
Clearance Officer, at email: [email protected] or telephone: (202)
868-9412.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On July 5, 2022, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICR for which it is now seeking OMB approval. See 87 FR 39894. FRA
received no comments related to the proposed collection of information.
    Before OMB decides whether to approve the proposed collection of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.12(a); see also 60 FR 44978, 44983 (Aug. 29, 1995). OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995).
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication to best ensure having their full effect.
    Comments are invited on the following ICR regarding: (1) whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: U.S. DOT Crossing Inventory.
    OMB Control Number: 2130-0017.
    Abstract: On January 6, 2015, FRA published in the Federal Register
a final rule that requires railroads that operate one or more trains
through highway-rail or pathway crossings to submit information to the
U.S. DOT National Highway-Rail Crossing Inventory about the crossings
through which they operate. These amendments, mandated by section 204
of the Rail Safety Improvement Act of 2008, require railroads to submit
information about previously unreported and new highway-rail and
pathway crossings to the U.S. DOT National Highway-Rail Crossing
Inventory, and to periodically update existing crossing data.
    Type of Request: Extension with change (with changes in estimates)
of a currently approved collection.
    Affected Public: Businesses, States, and the District of Columbia.
    Form(s): FRA F 6180.71.
    Respondent Universe: 50 States, the District of Columbia, and 667
railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 421,758.
    Total Estimated Annual Burden: 8,663 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$667,051.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2022-22457 Filed 10-14-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36249-36251]
[FR Doc No: 2023-11683]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0923; FRL-9882-02-R9]

Air Plan Approval; California; Mojave Desert Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Mojave Desert Air Quality
Management District (MDAQMD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns emissions of
oxides of nitrogen (NOX) from Portland cement kilns. We are
approving a local rule that regulates these emission sources under the
Clean Air Act (CAA or the Act). Approving this rule corrects a
deficiency identified in MDAQMD's reasonably available control
technology (RACT) demonstrations for the 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS) and the 2008 8-hour ozone NAAQS.

DATES: This rule is effective July 3, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0923. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) 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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On July 15, 2022 (87 FR 42422), the EPA proposed to approve the
following rule into the California SIP.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD................................            1161  Portland Cement Kilns...      01/22/2018      05/23/2018
----------------------------------------------------------------------------------------------------------------

    As mentioned in our proposed action, submitted Rule 1161 meets the
requirement to correct a deficiency identified in the EPA's February
12, 2018 (83 FR 5921) partial conditional approval of MDAQMD's RACT
demonstrations for the 1997 8-hour ozone NAAQS and the 2008 8-hour
ozone NAAQS. The partial conditional approval was based, in part, on
commitments from MDAQMD to revise and submit amendments to Rule 1161
that would meet current RACT requirements. Revisions to Rule 1161,
submitted to the EPA on May 23, 2018, addressed this deficiency by
establishing a more stringent NOX limit for Portland cement
kilns. These revisions fulfill the commitment made by MDAQMD and the
California Air Resources Board, with respect to Rule 1161, necessary
for the EPA to fully approve the rule. Our proposed action contains
more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving this rule into the
California SIP. The January 22, 2018 version of Rule 1161 will replace
the previously approved version of this rule in the SIP. This action
corrects the deficiency related to Rule 1161 that was previously
identified in the EPA's action on MDAQMD's RACT demonstrations for the
1997 8-hour ozone NAAQS and the 2008 8-hour ozone NAAQS.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
MDAQMD Rule 1161, ``Portland Cement Kilns,'' amended on January 22,
2018, which regulates NOX emissions from the operation of
cement kilns. The EPA has made, and will continue to make, these
documents available through www.regulations.gov and at the EPA Region
IX Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, 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); and
     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 Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of

this action must be filed in the United States Court of Appeals for the
appropriate circuit by August 1, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements.

    Dated: May 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(300)(i)(A)(2) and
(c)(518)(i)(A)(9) to read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (300) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on February 27, 2003 in paragraph
(c)(300)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(518)(i)(A)(9): Rule 1161, amended on March 25, 2002.
* * * * *
    (518) * * *
    (i) * * *
    (A) * * *
    (9) Rule 1161, ``Portland Cement Kilns,'' amended on January 22,
2018.
* * * * *

Sec.  52.248  [Amended]

0
3. Section 52.248 is amended by removing and reserving paragraph
(d)(1)(ix).

[FR Doc. 2023-11683 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P