[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57707-57712]
[FR Doc No: 2020-19341]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0177; FRL-10014-29-Region 4]

Air Plan Approval; FL; GA; KY; MS; NC; SC: Definition of Chemical
Process Plants Under State Prevention of Significant Deterioration
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plans (SIP) for Florida, Georgia,
the Jefferson County portion of Kentucky, Mississippi, North Carolina,
and South Carolina. The SIP revisions incorporate changes to the
definition of chemical process plants under the States' Prevention of
Significant Deterioration (PSD) regulations. Consistent with an EPA
regulation completed in 2007, EPA is approving the rules for Florida,
Georgia, the Jefferson County portion of Kentucky, Mississippi, North
Carolina, and South Carolina that modify the definition of chemical
process plant to exclude ethanol manufacturing facilities that produce
ethanol by natural fermentation processes. Approving these modified
definitions clarifies that the PSD major source applicability threshold
in the SIPs for these ethanol plants is 250 tons per year (tpy) (rather
than 100 tpy) and removes the requirement to include fugitive emissions
when determining if the source is major for PSD. EPA concludes that the
changes to the state and local rules are approvable because the Agency
believes that they are consistent with EPA regulations governing state
PSD programs and will not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171 of the Clean Air Act (CAA or Act)), or any other applicable
requirement of the CAA.

DATES: This rule is effective October 16, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0177. 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 can either
be retrieved 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: D. Brad Akers, 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. Mr. Akers can be
reached via electronic mail at<EMAIL_ADDRESS>or via telephone at
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. What is being addressed in this notice?

    EPA is approving the following revisions to SIPs received by EPA
from Florida, Georgia, Kentucky, Mississippi, North Carolina, and South
Carolina: (1) A portion of a SIP revision provided to EPA through the
Florida Department of Environmental Protection (FL DEP) via a letter
dated December 12, 2011; 1 2 (2) a SIP revision provided to
EPA through the Georgia Environmental Protection Division (GA EPD) via
a letter dated September 15, 2008; \3\ (3) a SIP revision to the
Jefferson County portion of the Kentucky SIP that was provided to EPA
through the Kentucky Division for Air Quality (KDAQ) via a letter dated
July 1, 2009; \4\ (4) a SIP revision provided to

EPA through the Mississippi Department of Environmental Quality (MDEQ)
via a letter dated November 28, 2007; (5) a SIP revision provided to
EPA through the North Carolina Department of Environmental Quality (NC
DEQ) 5 6 7 via a letter dated June 20, 2008; \8\ and (6) a
portion of a SIP revision provided to EPA through the South Carolina
Department of Health and Environmental Control (SC DHEC) via a letter
dated April 14, 2009,\9\ as updated in a portion of SIP revision
provided to EPA via letter dated April 10, 2014.
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    \1\ Florida's definition of ``major stationary source'' at 62-
210.200 is also cross-referenced in the portion of its SIP-approved
nonattainment new source review (NA NSR) regulation, 62-212.500,
Preconstruction Review in Nonattainment Areas, that sets the
fugitive emissions exclusion for determining rule applicability. See
Rule 62-212.500(2)(b). If the definition of ``chemical process
plants'' within the term of ``major stationary source'' were updated
to exclude these ethanol producing facilities for the purposes of NA
NSR, then fugitive emissions would not need to be considered in
determining whether the source is major. All sources in
nonattainment areas are major at 100 tpy, and certain
classifications of nonattainment areas for ozone and
PM2.5 establish lower thresholds for major source
applicability. See 40 CFR 51.165(b)(iv)(A). However, Florida's
December 12, 2011, submittal did not seek to revise, nor ask EPA to
revise, the State's SIP-approved NA NSR program. Therefore, EPA is
not approving the revision to the definition of ``chemical process
plant'' within the term ``major stationary source'' to apply to the
NA NSR program. Accordingly, the ethanol production facility
exclusion within the definition of ``major stationary source'' at
62-210.200 will not apply in the SIP for the purposes of determining
applicability in Rule 62-212.500, and EPA is noting this in the list
of SIP-approved Florida regulations at 40 CFR 52.520(c). There are
currently no nonattainment areas in Florida.
    \2\ In EPA's July 20, 2020, notice of proposed rulemaking
(NPRM), EPA stated that the entire State of Florida had been
designated as attainment/unclassifiable for the 2015 8-hour ozone
NAAQS. See 85 FR 43788. While the entire State has this designation,
in 2018, Duvall County, Florida was designated unclassifiable for
the 2015 8-hour ozone NAAQS and was subsequently redesignated to
attainment/unclassifiable on November 21, 2019. See 84 FR 64206. EPA
has also amended the accompanying technical support document for the
State of Florida to correct this historical note. The amended
version of the TSD is included in the docket of this action as
``Florida TSD_Amended.''
    \3\ EPA received the submittal on September 29, 2008.
    \4\ In 2003, the City of Louisville and Jefferson County
governments merged and the ``Jefferson County Air Pollution Control
District'' was renamed the ``Louisville Metro Air Pollution Control
District.'' See The History of Air Pollution Control in Louisville,
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. However,
each of the regulations in the Jefferson County portion of the
Kentucky SIP still has the subheading ``Air Pollution Control
District of Jefferson County.'' Thus, to be consistent with the
terminology used in the SIP, EPA refers throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
    \5\ At the time of the 2008 submittal, NC DEQ was the North
Carolina Department of Environment and Natural Resources. Throughout
this rulemaking, EPA will refer to the State Agency as NC DEQ.
    \6\ In EPA's July 20, 2020, NPRM, EPA erroneously cited North
Carolina's PSD regulation as ``15 North Carolina Administrative Code
(NCAC) 02D .0530, Prevention of Significant Deterioration. See 85 FR
43788 at 43790 (July 20, 2020). The citation should read ``15A North
Carolina Administrative Code (NCAC) 02D .0530, Prevention of
Significant Deterioration.''
    \7\ In EPA's July 20, 2020, NPRM, EPA erroneously stated that
North Carolina incorporates portions of ``40 CFR 52.21'' by
reference, which includes the 2007 Ethanol Rule provisions. See 85
FR 43788 at 43790 and 43791. These citations should read as ``40 CFR
51.166'' throughout Section III.E. of the NPRM, including the
citations ``40 CFR 51.166(b)(1)(i)(a)'' and ``40 CFR
51.166(b)(1)(iii)'' in lieu of ``40 CFR 52.21(b)(1)(i)(a)'' and ``40
CFR 52.21(b)(1)(iii),'' respectively. EPA has also amended the
accompanying technical support document for the State of North
Carolina to correct these references. The amended version of the TSD
is included in the docket of this action as ``North Carolina
TSD_Amended.''
    \8\ EPA received the submission on June 25, 2008.
    \9\ In EPA's July 20, 2020, NPRM, EPA erroneously omitted the
reference to South Carolina's revision to Rule 61-62.5, Standard No.
7 at (i)(1)(vii)(t) in the State's SIP revision that includes the
same ethanol exclusion in the definition of ``chemical process
plant''. See 85 FR 43788 at 43791. Section III.E of the NPRM should
have contained the following statement: `Finally, paragraph (i) for
exemptions was revised at (i)(1)(vii) to read: ``The source or
modification would be a major stationary source or major
modification only if fugitive emissions, to the extent quantifiable,
are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to
any of the following categories (i)(1)(vii): . . . (t) Chemical
process plants--The term chemical processing plant shall not include
ethanol production facilities that produce ethanol by natural
fermentation included in NAICS codes 325193 or 312140 . . .' '' EPA
has amended the accompanying technical support document for the
State of South Carolina to correct this omission. The amended
version of the TSD is included in the docket of this action as
``South Carolina TSD_Amended.''
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    These revisions conform the State rules to changes to EPA
regulations reflected in EPA's final rule entitled ``Prevention of
Significant Deterioration, Nonattainment New Source Review, and Title
V: Treatment of Certain Ethanol Production Facilities Under the ``Major
Emitting Facility'' Definition'' (hereinafter referred to as the ``2007
Ethanol Rule'') as published in the Federal Register on May 1, 2007 (72
FR 24060). The 2007 Ethanol Rule amended the PSD definition of ``major
stationary source'' to exclude certain ethanol facilities from the
``chemical process plant'' source category and clarified that the PSD
major source applicability threshold for certain ethanol plants is 250
tpy (rather than 100 tpy). The 2007 Ethanol Rule also removed the
requirement to include fugitive emissions when determining if an
ethanol facility is a major source for PSD.

II. Have the requirements for approval of a SIP revision been met?

    In its NPRM published on July 20, 2020 (85 FR 43788), EPA
identified and evaluated the state and local regulations in the
aforementioned SIP revisions that were revised in response to the
Ethanol Rule. EPA also explained how these SIP revisions satisfy the
completeness criteria of 40 CFR part 51, appendix V and meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. EPA included technical analyses in separate
technical support documents (TSDs) included in the docket for this
rulemaking. See these TSDs and the NPRM for further detail on the SIP
revisions and EPA's rationale for approving them. EPA did not receive
any relevant public comments on the NPRM.\10\
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    \10\ EPA received one comment that did not pertain to the July
20, 2020, NPRM. This comment is posted in the docket for this
action.
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III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference the following
regulations: Florida Rule 62-210.200, F.A.C., ``Definitions,'' state
effective October 23, 2013; 11 12 Florida Rule 62-212.400,
``Prevention of Significant Deterioration,'' state effective October
23, 2013; \13\ Georgia Rule 391-3-1-.02(7), ``Prevention of Significant
Deterioration of Air Quality (PSD),'' state effective July 20, 2017;
\14\ Jefferson County Regulation 2.05, ``Prevention of Significant
Deterioration of Air Quality,'' version 13, state effective January 17,
2018 15 16 for the Jefferson County portion of the Kentucky
SIP; Mississippi Rule 11 MAC Part 2, Rule 5.2, ``Adoption of Federal
Rules by Reference,'' state effective May 28, 2016; 17 18
North Carolina Rule 02D .0530, ``Prevention of Significant
Deterioration,'' state effective September 1, 2017; \19\ and South
Carolina Rule 61-

62.5, Standard No. 7, ``Prevention of Significant Deterioration,''
state effective August 25, 2017.\20\ EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and 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, these materials have been approved by EPA
for inclusion in the State implementation plan, 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.\21\
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    \11\ Except for the purposes of determining applicability in
Rule 62-212.500, ``Preconstruction Review for Nonattainment Areas.''
See footnote 1 for additional information.
    \12\ The effective date of the change to Florida Rule 62-210.200
made in Florida's December 12, 2011, SIP revision is December 4,
2011. However, for purposes of the state effective date included at
40 CFR 52.520(c), that change to Florida's rule is captured and
superseded by Florida's update in a December 19, 2013, SIP revision,
state effective on October 23, 2013, which EPA previously approved
on May 19, 2014. See 79 FR 28607. Accordingly, EPA is also revising
the state effective version for entry 62-210.200 at 40 CFR 52.520(c)
to read ``October 23, 2013,'' as this state effective version
captures and supersedes the previously listed March 28, 2012, state
effective version.
    \13\ The effective date of the change to Florida Rule 62-212.400
made in Florida's December 12, 2011, SIP revision is December 4,
2011. However, for purposes of the state effective date included at
40 CFR 52.520(c), that change to Florida's rule is captured and
superseded by Florida's update in a February 27, 2013, SIP revision,
state effective on March 28, 2012, which EPA previously approved on
September 19, 2012. See 77 FR 58027.
    \14\ The effective date of the change to Georgia Rule 391-3-
1-.02(7) made in Georgia's September 15, 2008, SIP revision is
September 11, 2008. However, for purposes of the state effective
date included at 40 CFR 52.570(c), that change to Georgia's rule is
captured and superseded by Georgia's update in a November 29, 2017,
SIP revision, state effective on July 20, 2017, which EPA previously
approved on December 4, 2018. See 83 FR 62466.
    \15\ The effective date of the change to Jefferson County
Regulation 2.05 made in Kentucky's July 1, 2009, SIP revision is
June 20, 2009. However, for purposes of the state effective date
included at 40 CFR 52.920(c), that change to Jefferson County's rule
is captured and superseded by Kentucky's update in a March 15, 2018,
SIP revision, state effective on January 17, 2018, which EPA
previously approved on April 10, 2019. See 84 FR 14268.
    \16\ EPA is also correcting an inadvertent error for the entry
at Jefferson County Regulation 2.05 at 40 CFR part 52.920(c), Table
2 in the ``Title/subject'' column to read ``Prevention of
Significant Deterioration.'' EPA erroneously revised the entry to
read ``Permits'' in an April 10, 2019, final rule. See 84 FR 14268.
    \17\ The effective date of the change to Mississippi Rule APC-S-
5, ``Regulations for the Prevention of Significant Deterioration of
Air Quality'' made in Mississippi's November 28, 2007, SIP revision
is August 23, 2007. However, for purposes of the state effective
date included at 40 CFR 52.1270(c), that change to Mississippi's
rule is captured and superseded by Mississippi's update in a June 7,
2016, SIP revision, state effective on May 28, 2016, which EPA
previously approved on August 8, 2017. See 82 FR 37015. Furthermore,
Mississippi has recodified previous Rule APC-S-5 as 11 MAC Part 2,
Rule 5, with the relevant part from the November 28, 2007, SIP
revision now included in Rule 5.2.
    \18\ EPA is also revising the entry for 11 MAC Part 2--Chapter
5, Rule 5.1 at 40 CFR 52.1270(c) to remove related explanatory notes
that are not applicable to this Rule. EPA is not revising Rule 5.1
in a substantive manner.
    \19\ The effective date of the change to North Carolina Rule 02D
.0530 made in North Carolina's June 20, 2008, SIP revision is May 1,
2008. However, for purposes of the state effective date included at
40 CFR 52.1770(c), that change to North Carolina's rule is captured
and superseded by North Carolina's update in a October 17, 2017, SIP
revision, state effective on September 1, 2017, which EPA previously
approved on September 11, 2018. See 82 FR 45827.
    \20\ The effective date of the change to South Carolina Rule 61-
62.1, Standard No. 7 made in South Carolina's April 10, 2014, SIP
revision is December 27, 2013. However, for purposes of the state
effective date included at 40 CFR 52.2120(c), that change to South
Carolina's rule is captured and superseded by South Carolina's
update in a September 5, 2017, SIP revision, state effective on
August 25, 2017, which EPA previously approved on February 13, 2019.
See 84 FR 3705.
    \21\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving revisions to the Florida SIP, Georgia SIP, the
Jefferson County portion of the Kentucky SIP, Mississippi SIP, North
Carolina SIP, and South Carolina SIP. The revisions to the state and
local rules that EPA is approving change the definition of ``major
stationary source'' under the States' and local agency's PSD
regulations. These changes make clear that the PSD applicability
threshold for certain ethanol plants is 250 tpy and remove the
requirement to include fugitive emissions when determining if an
ethanol plant is a major source for PSD (see section III for the rules
being revised). EPA has determined that these revisions are consistent
with EPA's PSD regulations and that approval of these revisions is
consistent with the requirements of CAA section 110(l) and will not
adversely impact air quality. EPA's analysis is available in the NPRM
and the TSDs that were prepared for each SIP revision and are in the
docket for this action. Approval of the revisions to these SIPs will
ensure consistency between the State and federally approved rules and
ensure federal enforceability of the State's revised air program rules.

V. 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, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 SIPs subject to these actions, with the exception of the South
Carolina SIP, are 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 rules
regarding SIPs do not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they
impose substantial direct costs on tribal governments or preempt tribal
law. With respect to the South Carolina SIP, because this final action
merely approves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law, this
final action for the State of South Carolina does not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). Therefore, this action will not impose substantial
direct costs on Tribal governments or preempt Tribal law. The Catawba
Indian Nation (CIN) Reservation is located within the boundary of York
County, South Carolina. Pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 27-16-120 (Settlement Act), ``all state
and local environmental laws and regulations apply to the [Catawba
Indian Nation] and Reservation and are fully enforceable by all
relevant state and local agencies and authorities.'' The CIN also
retains authority to impose regulations applying higher environmental
standards to the Reservation than those imposed by state law or local
governing bodies, in accordance with the Settlement Act.
    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 November 16, 2020. 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 dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: August 27, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the 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 K--Florida

0
2. In Sec.  52.520, amend the table in paragraph (c) by:
0
a. Under ``Chapter 62-210 Stationary Sources--General Requirements'',
revising the entry for ``62-210.200'' and;
0
b. Under ``Chapter 62-212 Stationary Sources--Preconstruction Review'',
revising the entries for ``62-212.400'' and ``62-212.500''.
    The revisions read as follows:

Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Florida Regulations
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   State citation                           State        EPA approval
     (section)         Title/subject   effective date        date                      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200.........  Definitions.....      10/23/2013  9/16/2020,       The ethanol production facility
                                                        [Insert          exclusion within the definition of
                                                        citation of      ``major stationary source'' at 62-
                                                        publication].    210.200 does not apply to 62-212.500.
                                                                        Except the following definitions:
                                                                         ``animal crematory''; ``biological
                                                                         waste''; ``biological waste
                                                                         incinerator''; ``biomedical waste'';
                                                                         ``capture efficiency''; ``cast polymer
                                                                         operation''; ``human crematory'';
                                                                         ``major source of air pollution,''
                                                                         ``major source,'' or ``title V
                                                                         source''; ``printed interior panels'';
                                                                         ``unit-specific applicable
                                                                         requirement''; and ``waste-to-energy
                                                                         facility''.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62-212.400.........  Prevention of          3/28/2012  9/16/2020,       Except the provisions for the PM2.5
                      Significant                       [Insert          significant impact levels at (5)(b).
                      Deterioration.                    citation of
                                                        publication].
62-212.500.........  Preconstruction         2/2/2006  6/27/2008, 73    The ethanol production facility
                      Review for                        FR 36435.        exclusion within the definition of
                      Nonattainment                                      ``major stationary source'' at 62-
                      Areas.                                             210.200 does not apply to 62-212.500.

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

* * * * *

Subpart L--Georgia

0
3. In Sec.  52.570 amend the table in paragraph (c) by revising the
entry for ``391-3-1-.02(7)'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                            State        EPA approval
   State citation      Title/subject   effective date        date                      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
391-3-1-.02(7).....  Prevention of          7/20/2017  9/16/2020,       Except for the automatic rescission
                      Significant                       [Insert          clause at 391-3-1 -.02(7)(a)(2)(iv),
                      Deterioration                     citation of      which EPA disapproved on March 4, 2016.
                      of Air Quality                    publication].    Except for portions of Rule 391-3-1-
                      (PSD).                                             .02(7) incorporating by reference 40
                                                                         CFR 52.21(b)(2)(v), and 40 CFR
                                                                         52.21(b)(3)(iii)(c), because those CFR
                                                                         provisions were indefinitely stayed by
                                                                         the Fugitive Emissions Rule in the
                                                                         March 30, 2011 rulemaking and have not
                                                                         been approved into the Georgia SIP.

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

* * * * *

Subpart S--Kentucky

0
4. In Sec.  52.920 amend Table 2 in paragraph (c), Table 2 by revising
the entry for ``2.05'' under ``Reg 2--Permit Requirements'' to read as
follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                             Table 2--EPA-Approved Jefferson County Regulations for Kentucky
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                EPA approval                               District
         Reg               Title/subject            date       Federal Register notice  effective date                     Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Reg 2--Permit Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
2.05................  Prevention of                 9/16/2020  [Insert citation of           1/17/2018  This approval does not include Jefferson
                       Significant                              publication].                            County's revisions to incorporate by reference
                       Deterioration of Air                                                              the Fugitive Emissions Rule (December 19,
                       Quality.                                                                          2008).

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

* * * * *

Subpart Z--Mississippi

0
5. In Sec.  52.1270 amend the table in paragraph (c) by revising the
heading for ``11 MAC Part 2--Chapter 5'' and the entries for ``Rule
5.1'' and ``Rule 5.2'' to read as follows:

Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                                          EPA-Approved Mississippi Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           State citation                  Title/subject       effective date     EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           11 MAC Part 2--Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule 5.1............................  Purpose of this               5/28/2016  8/8/2017, 82 FR 37015..
                                       Regulation.
Rule 5.2............................  Adoption of Federal           5/28/2016  9/16/2020, [Insert       The version of Rule 5.2 in the SIP does not
                                       Rules by Reference.                      citation of              incorporate by reference the provisions at Sec.
                                                                                publication].              52.21(b)(2)(v) and (b)(3)(iii)(c) that were
                                                                                stayed indefinitely by the Fugitive Emissions
                                                                                Interim Rule (published in the Federal Register
                                                                                March 30, 2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart II--North Carolina

0
6. In Sec.  52.1770 amend Table (1) in paragraph (c) by revising the
entries for ``Section .0530'' and ``Section .0531'' under Subchapter
2D, ``Air Pollution Control Requirements'' under Section .0500,
``Emission Control Standards'' to read as follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                                         EPA-Approved North Carolina Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           State citation                  Title/subject       effective date     EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Subchapter 2D Air Pollution Control Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Section .0500 Emission Control Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section .0530.......................  Prevention of                  9/1/2017  9/16/2020, [Insert
                                       Significant                              citation of
                                       Deterioration.                           publication].
Section .0531.......................  Sources in                     9/1/2013  9/14/2016, 81 FR 63107.  The version of Section .0531 in the SIP does not
                                       Nonattainment Areas.                                              incorporate by reference the provisions amended
                                                                                in the Ethanol Rule (published in the Federal
                                                                                Register on May 1, 2007) that excludes
                                                                                facilities that produce ethanol through a
                                                                                natural fermentation process from the
                                                                                definition of ``chemical process plants'' at
                                                                                Sec.   52.21(b)(1)(i)(a) and (b)(1)(iii)(t).

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

* * * * *

Subpart PP--South Carolina

0
7. In Sec.  52.2120 amend the table in paragraph (c) by revising the
entry for ``Standard No. 7'' under ``Regulation No. 62.5'' to read as
follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                                                         EPA-Approved South Carolina Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           State citation                  Title/subject       effective date     EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Regulation No. 62.5.................  Air Pollution Control    ..............  .......................  ................................................
                                       Standards..

                                                                      * * * * * * *
Standard No. 7......................  Prevention of                 8/25/2017  9/16/2020, [Insert       Except Standard No. 7, paragraphs (b)(30)(v) and
                                       Significant                              citation of              (b)(34)(iii)(d), which the state withdrew from
                                       Deterioration.                           publication].            EPA's consideration for approval on December
                                                                                20, 2016.
                                                                                Except Standard No. 7, paragraph
                                                                                (b)(34)(iii)(c), approved conditionally on June
                                                                                2, 2008, and approved fully on June 23, 2011,
                                                                                with a state effective date of June 25, 2005.

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

* * * * *
[FR Doc. 2020-19341 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Pages 70903-70904]
[FR Doc No: 2014-28082]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73669; File No. SR-NYSEMKT-2014-81]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1 Thereto, Amending Rule 902.1NY
To Authorize the Exchange To Share Any User-Designated Risk Settings in
Exchange Systems With the Clearing Member That Clears Transactions on
Behalf of the User

November 21, 2014.
    On September 19, 2014, NYSE MKT LLC, (``NYSE MKT'' or ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend Rule 902.1NY to authorize the Exchange to share any User-
designated risk settings in Exchange systems with the Clearing Member
\3\ that clears transactions on

behalf of the User.\4\ The proposed rule change was published for
comment in the Federal Register on October 7, 2014.\5\ On November 19,
2014, the Exchange also submitted Amendment No. 1 to the proposed rule
change. The Commission received one comment on the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Exchange Rule 900.2NY (11) defining ``Clearing Member''
as ``an Exchange ATP Holder which has been admitted to membership in
the Options Clearing Corporation pursuant to the provisions of the
Rules of the Options Clearing Corporation.''
    \4\ See Exchange Rule 900.2NY (87) defining ``User'' as ``any
ATP Holder that is authorized to obtain access to the System
pursuant to Rule 902.1NY.''
    \5\ See Securities Exchange Act Release No. 73280 (October 1,
2014), 79 FR 60553.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is November 21, 2014.\7\ The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
    \7\ On November 19, 2014, the Exchange consented to an extension
of this time period until November 29, 2014. See 15 U.S.C.
78s(b)(2)(A)(ii)(II).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. The proposed
rule change, if approved, would authorize the Exchange to share any
User-designated risk settings in Exchange systems with the Clearing
Member that clears transactions on behalf of the User.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\8\ designates January 5, 2015, as the date by which the Commission
should either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
NYSEMKT-2014-81).
---------------------------------------------------------------------------

    \8\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28082 Filed 11-26-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60325-60328]
[FR Doc No: 2019-24378]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0260; Product Identifier 2017-NE-13-AD; Amendment
39-19772; AD 2019-21-06]
RIN 2120-AA64

Airworthiness Directives; Ipeco Pilot and Co-Pilot Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-22-02
for certain Ipeco Holdings Limited (Ipeco) pilot and co-pilot seats. AD
2017-22-02 required modification and re-identification of the affected
seats. This AD continues to require modification and re-identification
of the affected seats. This AD also requires initial and repetitive
inspections of the affected tracklock springs and, depending on the
findings, replacement of the tracklock springs with a part eligible for
installation. This AD was prompted by reports that the tracklock spring
modification required by AD 2017-22-02 does not adequately address the
issue of unexpected seat movement during takeoff and landing and the
need to add additional seat part numbers (P/Ns) to the applicability.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective December 13, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 13,
2019.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
December 12, 2017 (82 FR 51552, November 7, 2017).

ADDRESSES: For service information identified in this final rule,
contact Ipeco Holdings Limited, Aviation Way, Southend-on-Sea, SS2 6UN,
United Kingdom; phone: 44 1702 549371; fax: 44 1702 540782; email:
<EMAIL_ADDRESS>You may view this service information at the FAA,
Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0260.

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-2019-
0260; 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 AD, the mandatory continuing airworthiness information (MCAI),
regulatory evaluation, any comments received, and other information.
The address for Docket Operations is Document Operations, 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: Neil Doh, Aerospace Engineer, Boston
ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7757; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-22-02, Amendment 39-19082 (82 FR
51552, November 7, 2017), (``AD 2017-22-02''). AD 2017-22-02 applied to
certain Ipeco pilot and co-pilot seats. The NPRM published in the
Federal Register on July 19, 2019 (84 FR 34816). The NPRM was prompted
by reports of tracklock spring failures occurring on affected seats,
including those seats already modified by AD 2017-22-02. The NPRM
proposed to retain all the requirements of AD 2017-22-02 and add
additional seat P/Ns to the applicability. The NPRM also proposed to
require initial and repetitive inspections of the affected tracklock
springs and, depending on the findings, replacement of the tracklock
springs with a part eligible for installation. The FAA is issuing this
AD to address the unsafe condition on these products.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2018-0262, dated December 6, 2018, (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:

    Occurrences have been reported of pilot/co-pilot unexpected
rearward movement during take-off and landing. Investigations
determined that horizontal guide block wear, presence of burrs on
horizontal centre track and horizontal track lock system weakness
(spring tension too low) were causes which contributed to the seat
not being correctly locked.
    This condition, if not corrected, could lead to further cases of
unwanted flight crew seat movement, possibly resulting in reduced
control of the aeroplane.
    To address this potential unsafe condition, IPECO improved the
quality control on the final assembly line and issued the applicable
modification SB, providing modification instructions, and EASA
issued AD 2016-0256, requiring modification of pre-mod seats and
subsequent re-identification with a new P/N.
    Since that AD was issued, occurrences of track lock spring
failures have been reported on affected seats (including seats
already modified as required by EASA AD 2016-0256). Consequently,
IPECO published the inspection SB, providing applicable instructions
to inspect and replace, if necessary, any affected spring of each
affected seat.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2016-0256, which is superseded, and requires
repetitive inspection of seats and, depending on findings,
replacement of affected springs and reporting to IPECO.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0260.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD. The FAA received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this AD as proposed except for
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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Ipeco Service Bulletin (SB) Number 063-25-08,
Revision 00; SB Number 063-25-09, Revision 00; and SB Number 063-25-10,
Revision 00; all dated May 31, 2016. The SBs provide instructions,
differentiated by the part numbers of the affected pilot and co-pilot
seats, for the modification and re-identification of these seats. The
FAA also reviewed Ipeco SB Number 063-25-14, Revision 00, dated August
14, 2018. This SB provides instructions for inspection and replacement,
if necessary, of affected

tracklock springs. This service information 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 110 pilot and co-pilot seats
installed on, but not limited to, ATR-GIE Avions de Transport Regional
(ATR) 42 and ATR 72 airplanes of U.S. registry. The FAA estimates that
seats installed on 34 ATR 42 airplanes and seats installed on 21 ATR 72
airplanes will require modification and inspection. The FAA revised the
estimated number of affected seats in this cost estimate to include two
affected seats per airplane.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Inspect ATR 42 flight crew seats..  0.1 work-hours x $85   $0...................           $8.50            $289
                                     per hour = $8.50.
Modify ATR 42 flight crew seats...  2 work-hours x $85     56...................             226           7,684
                                     per hour = $170.
Report results of ATR 42            1.0 work-hours x $85   1....................              86           2,924
 inspection.                         per hour = $85.
Inspect ATR 72 flight crew seats..  0.1 work-hours x $85   0....................            8.50             179
                                     per hour = $8.50.
Modify ATR 72 flight crew seats...  2 work-hours x $85     56...................             226           4,746
                                     per hour = $170.
Report results of ATR 72            1.0 work-hours x $85   1....................              86           1,806
 inspection.                         per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Remove seat and replace ATR 42 tracklock     1.4 work-hours x $85 per hour =                 $28            $147
 spring.                                      $119.
Remove seat and replace ATR 72 tracklock     1.4 work-hours x $85 per hour =                  28             147
 spring.                                      $119.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.

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 a 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 currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

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 part 39 of the Federal Aviation
Regulations (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 removing Airworthiness Directive (AD)
2017-22-02, Amendment 39-19082 (82 FR 51552, November 7, 2017), and
adding the following new AD:

2019-21-06 Ipeco Holdings Limited: Amendment 39-19772; Docket No.
FAA-2019-0260; Product Identifier 2017-NE-13-AD.

(a) Effective Date

    This AD is effective December 13, 2019.

(b) Affected ADs

    This AD replaces AD 2017-22-02, Amendment 39-19082 (82 FR 51552,
November 7, 2017).

(c) Applicability

    (1) This AD applies to:
    (i) Ipeco Holdings Limited (Ipeco) pilot and co-pilot seats with
a part number (P/N) listed in Paragraph 1.A., Planning Information,
Tables 1 and 2, of Ipeco Service Bulletin (SB) Number 063-25-14,
Revision 00, dated August 14, 2018, and
    (ii) Ipeco pilot seat P/N 3A063-0099-01-1 and Ipeco co-pilot
seat P/N 3A063-0100-01-1.
    (2) These seats are installed on, but not limited to, ATR-GIE
Avions de Transport Regional ATR 42 and ATR 72 airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2510, Flight
Compartment Equipment.

(e) Unsafe Condition

    This AD was prompted by reports of tracklock spring failures
occurring on affected seats, including those seats already modified
by AD 2017-22-02. The FAA is issuing this AD to prevent unexpected
movement of pilot and co-pilot seats on takeoff and landing. The
unsafe condition, if not addressed, could result in reduced control
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Action

    (1) For seats that have not installed the tracklock spring
modification kit, within two years after December 12, 2017 (the
effective date of AD 2017-22-02), modify and re-identify each
affected pilot and co-pilot seat. Use the Accomplishment
Instructions of Ipeco SB Number 063-25-08, Revision 00; Ipeco SB
Number 063-25-09, Revision 00; or Ipeco SB Number 063-25-10,
Revision 00; all dated May 31, 2016, as appropriate, to do the
modification and re-identification.
    (2) For all affected seats:
    (i) Within 750 flight hours (FHs) after the effective date of
this AD, and, thereafter at intervals not to exceed 750 FHs, inspect
the tracklock spring of each seat in accordance with the
Accomplishment Instructions, paragraph 3.2, of the Ipeco SB Number
063-25-14, Revision 00, dated August 14, 2018.
    (ii) If, during any inspection as required by paragraph
(g)(2)(i) of this AD, any damage on, or incorrect installation of,
any tracklock spring is found on the pilot or co-pilot seat, before
further flight, replace both tracklock springs of the affected seat
with a part eligible for installation using the Accomplishment
Instructions, paragraphs <IP_ADDRESS> or <IP_ADDRESS>, as applicable, of the
Ipeco SB Number 063-25-14, Revision 00, dated August 14, 2018.
    (3) Within 30 days after the initial and repetitive inspections,
and thereafter for two years after the effective date of this AD,
send the inspection results, including no findings, to Ipeco at
<EMAIL_ADDRESS>
(h) Installation Prohibition

    After the effective date of this AD, do not install any pilot or
co-pilot seat identified in paragraph (c)(1)(i) of this AD unless
the seat is modified and re-identified as specified in paragraph
(g)(1) of this AD.

(i) Definitions

    (1) For the purpose of this AD, ``damage'' includes cracks,
breaks, corrosion, or deformation of the tracklock spring.
    (2) For the purpose of this AD, ``incorrect installation'' is
installing the tracklock spring at an angle or position different
from the angle or postion shown in Figures 6 and 7 of Ipeco SB
Number 063-25-14, Revision 00, dated August 14, 2018.
    (3) For the purpose of this AD, a ``part eligible for
installation'' is:
    (i) A modified seat provided, before installation, it has passed
an inspection (no damage or defect found); and
    (ii) a tracklock spring provided that it passed an inspection
(no damage or defect found).

(j) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a 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 currently valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 1 hour per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, completing and reviewing
the collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden to: Information
Collection Clearance Officer, Federal Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX 76177-1524.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO 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 local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For more information about this AD, contact Neil Doh,
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2018-0262, dated December 6, 2018, for more information. You may
examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2019-0260.

(m) 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 13, 2019.
    (i) Ipeco Service Bulletin (SB) Number 063-25-14, Revision 00,
dated August 14, 2018.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
December 12, 2017 (82 FR 51552, November 7, 2017).
    (i) Ipeco SB Number 063-25-08, Revision 00, dated May 31, 2016.
    (ii) Ipeco SB Number 063-25-09, Revision 00, dated May 31, 2016.
    (iii) Ipeco SB Number 063-25-10, Revision 00, dated May 31,
2016.
    (5) For Ipeco service information identified in this AD, contact
Ipeco Holdings Limited, Aviation Way, Southend-on-Sea, SS2 6UN,

United Kingdom; phone: 44 1702 549371; fax: 44 1702 540782; email:
<EMAIL_ADDRESS>    (6) You may view this service information at FAA, Engine and
Propeller Standards Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (7) You may view this service information 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 in Burlington, Massachusetts, on October 25, 2019.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft
Certification Service.
[FR Doc. 2019-24378 Filed 11-7-19; 8:45 am]
 BILLING CODE 4910-13-P