[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Proposed Rules]
[Page 60010-60013]
[DOCID:fr29se10-26]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0859; Directorate Identifier 2010-NM-113-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes and Model A340-200, -300, -500, and -600 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
* * * * *
* * * [T]here is a possible path for fluid ingress, resulting in
connector internal arcing and hydraulic system malfunction. In
addition, as the connectors are located in areas adjacent to fuel
tanks, such arcing associated with the presence of a fuel leakage
could lead to an uncontrolled fire.
* * * * *
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 15,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0859;
Directorate Identifier 2010-NM-113-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0086R1, dated June 16, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Several A330 and A340 operators have reported in service
occurrences of hydraulic pump electrical motor connector internal
arcing, resulting in:

--Either false hydraulic system overheat Electronic Centralized
Aircraft Monitoring (ECAM) warnings
--And/or hydraulic pump electrical motor malfunction.

    Investigations have shown that, due to the manufacturing
tolerances of the cables and the connectors rear grommet, there is a
possible path for fluid ingress, resulting in connector internal
arcing and hydraulic system malfunction. In addition, as the
connectors are located in areas adjacent to fuel tanks, such arcing
associated with the presence of a fuel leakage could lead to an
uncontrolled fire.
    In order to protect the hydraulic pump electrical motor
connectors against fluid ingress from the rear of the connector
grommet and prevent false hydraulic system overheat ECAM warnings
and/or hydraulic pump electrical motor malfunction, this AD requires
modification of the three hydraulic pump electrical motor connectors
associated to the Blue, Yellow and Green hydraulic systems.
    This Revision 1 is issued to delete Airbus modifications
55923S18878 and 55924S19452 from the applicability of this AD.

    The modification adds heat shrink sleeves to certain cable contacts
and a sealing plug to the connector free cavity. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued the service information specified in the table.

                                      Table--Applicable Service Information
----------------------------------------------------------------------------------------------------------------
                                        Airbus Mandatory Service
          Airplane Model--                     Bulletin--            Revision--              Dated--
----------------------------------------------------------------------------------------------------------------
A330................................  A330-92-3088, including                01  February 22, 2010.
                                       Appendix 01.
A340................................  A340-92-4081, including                01  February 22, 2010.
                                       Appendix 01.
A340................................  A340-92-5053, including                01  February 22, 2010.
                                       Appendix 01.
----------------------------------------------------------------------------------------------------------------

    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 43 products of U.S. registry. We also estimate that
it would take about 13 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $877 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $85,226, or $1,982 per product.

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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2010-0859; Directorate Identifier 2010-NM-
113-AD.

Comments Due Date

    (a) We must receive comments by November 15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD.
    (1) Airbus Model A330-201, A330-202, A330-203, A330-223, A330-
243, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323,
A330-341, A330-342, and A330-343 airplanes; certificated in any
category; all serial numbers; except those on which Airbus
modifications 58773 and 45968 have been embodied in production.
    (2) Airbus Model A340-211, A340-212, A340-213, A340-311, A340-
312, A340-313, A340-541, and A340-642 airplanes; certificated in any
category; all serial numbers; except those on which Airbus
modifications 58773 and 45968 have been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 92.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
* * * * *
 * * * [T]here is a possible path for fluid ingress, resulting in
connector internal arcing and hydraulic system malfunction. In
addition, as the connectors are located in areas adjacent to fuel
tanks, such arcing

associated with the presence of a fuel leakage could lead to an
uncontrolled fire.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 3,600 flight hours after the effective date of this
AD, modify the hydraulic pump electrical motor connectors of the
blue, yellow, and green electric pumps, in accordance with the
Accomplishment Instructions of the applicable service information
specified in Table 1 of this AD.

                                     Table 1--Applicable Service Information
----------------------------------------------------------------------------------------------------------------
                                        Airbus Mandatory Service
          Airplane Model--                     Bulletin--            Revision--              Dated--
----------------------------------------------------------------------------------------------------------------
A330................................  A330-92-3088................           01  February 22, 2010.
A340................................  A340-92-4081................           01  February 22, 2010.
A340................................  A340-92-5053................           01  February 22, 2010.
----------------------------------------------------------------------------------------------------------------

Credit for Actions Accomplished in Accordance With Previous Issue of
Service Information

    (h) Modifications accomplished before the effective date of this
AD in accordance with the service information specified in Table 2
of this AD are considered acceptable for compliance with the
requirements of paragraph (g) of this AD.

                                       Table 2--Credit Service Information
----------------------------------------------------------------------------------------------------------------
                                    Airbus Mandatory Service
         Airplane Model--                  Bulletin--              Revision--                  Dated--
----------------------------------------------------------------------------------------------------------------
A330.............................  A330-92-3088.............  Original............  September 2, 2009.
A340.............................  A340-92-4081.............  Original............  September 2, 2009.
A340.............................  A340-92-5053.............  Original............  September 2, 2009.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, Transport Airplane Directorate, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0086R1,
dated June 16, 2010, and the service information specified in Table
3 of this AD, as applicable, for related information.

                                      Table 3--Related Service Information
----------------------------------------------------------------------------------------------------------------
                                    Airbus Mandatory Service
         Airplane Model--                  Bulletin--              Revision--                  Dated--
----------------------------------------------------------------------------------------------------------------
A330.............................  A330-92-3088.............  01..................  February 22, 2010.
A340.............................  A340-92-4081.............  01..................  February 22, 2010.
A340.............................  A340-92-5053.............  01..................  February 22, 2010.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on September 21, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-24238 Filed 9-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31237-31239]
[FR Doc No: 2011-13275]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-1082; FRL-9313-1]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determination of Attainment for the Pittsburgh-Beaver
Valley 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a final determination that the Pittsburgh-Beaver
Valley 8-hour ozone nonattainment area (the Pittsburgh Area) has
attained the 1997 8-hour ozone national ambient air quality standards
(NAAQS). This determination is based upon complete, quality assured,
and certified ambient air monitoring data that show the area has
monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to
2009 monitoring period. Complete, quality-assured air monitoring data
available for 2010 in EPA's Air Quality System (AQS) are consistent
with continued attainment. In accordance with EPA's applicable ozone
implementation rule, this determination suspends the obligation of the
Commonwealth of Pennsylvania to submit an attainment demonstration and
associated reasonably available control measures (RACM), a reasonable
further progress (RFP) plan, contingency measures, and other planning
requirements related to attainment of the 1997 8-hour ozone NAAQS for
the Pittsburgh Area for as long as the nonattainment area continues to
meet the 1997 8-hour ozone NAAQS. This determination of attainment is
not equivalent to a redesignation to attainment. The State must still
meet the statutory requirements for redesignation in order to be
redesignated to attainment. This action is being taken under the Clean
Air Act (CAA).

DATES: Effective Date: This final rule is effective on June 30, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-1082. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 7, 2011 (76 FR 6590), EPA published a notice of
proposed rulemaking (NPR), proposing to determine that the Pittsburgh
Area has attained the 1997 8-hour ozone NAAQS. The Pittsburgh Area is
composed of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington,
and Westmoreland Counties in Pennsylvania. EPA's determination is based
upon complete, quality-assured, quality-controlled, and certified
ambient air quality monitoring data for the years 2007 to 2009 showing
that the Pittsburgh Area has monitored attainment of the 1997 8-hour
ozone NAAQS. Complete air quality monitoring data for 2010 in AQS also
show continued attainment.

II. Summary of Action

    EPA is determining that the Pittsburgh Area has attained the 1997
8-hour ozone NAAQS based on 2007 to 2009 complete, quality-assured, and
certified ambient air quality monitoring data. Data for 2010 are
consistent with continued attainment. As provided in 40 CFR 51.918, a
final determination of

attainment suspends the requirement for the Commonwealth of
Pennsylvania to submit, for the Pittsburgh Area, an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning requirements related to attainment of the 1997 8-
hour ozone NAAQS as long as the area continues to attain the 1997 8-
hour ozone NAAQS. If EPA subsequently determines, after notice-and-
comment rulemaking, that the Pittsburgh Area has violated the 1997 8-
hour ozone NAAQS, the basis for the suspension of the specific
requirements, set forth at 40 CFR 51.918, would no longer exist, and
the Pittsburgh Area would thereafter have to address applicable
requirements.
    This action is not a redesignation of the area to attainment. The
Pittsburgh Area will remain designated nonattainment for the 1997 8-
hour ozone NAAQS until such time as EPA determines that the area meets
the CAA requirements for redesignation to attainment, including an
approved maintenance plan.
    Other specific information regarding this determination and the
rationale for EPA's proposed action are explained in the NPR, and will
not be restated here.

III. Summary of Public Comments and EPA Responses

    On March 9, 2011, EPA received adverse comments on the NPR from Mr.
Robert Ukeiley on behalf of the Chesapeake Bay Foundation, the Group
Against Smog and Pollution, the National Parks Conservation
Association, and the Sierra Club. A summary of the comments submitted
and EPA's response is provided below.
    Comment: The commenter stated that EPA should not approve the
determination of attainment because the Pittsburgh Area does not have a
plan to meet the 1997 8-hour ozone NAAQS.
    Response: EPA disagrees with the commenter's assertion that no
common sense or legal basis exists for EPA to finalize its
determination of attainment. The sole question addressed by EPA's
rulemaking is whether the monitored ambient air quality in the area
shows that the area has attained the 1997 8-hour ozone standard. The
commenter does not contest EPA's finding that the Pittsburgh Area meets
this NAAQS. Upon EPA's final determination that the area has attained
the standard, 40 CFR 51.918 provides that the CAA requirement to submit
planning SIPs associated with attainment of that standard are suspended
for as long as the area continues to have ambient air quality data that
meets that NAAQS. This regulation, which was upheld by the United
States Court of Appeals for the District of Columbia Circuit (DC Cir)
in NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009), is based on the principle
that when an area is already attaining a standard, and continues in
attainment, there is no basis for requiring planning SIPs to attain
that standard. In other words, if an area is meeting the NAAQS, it does
not need a plan to meet the NAAQS. No additional measures are required
for the area to attain the standard, since the area is already in
attainment. In any event, EPA's determination of attainment is based
solely on quality-assured ambient air quality monitoring. It is 40 CFR
51.918 that directs the suspension of planning requirements for the
1997 8-hour ozone standard. This suspension lasts only for so long as
the area continues in attainment. Contrary to the commenter's
contention, under these circumstances there are no adverse impacts from
the suspension.
    Comment: The commenter asserts that the data from ambient air
quality monitors in the Pittsburgh Area do not meet the 75 parts per
billion (ppb) 2008 NAAQS or the 60 to 70 ppb levels proposed in EPA's
reconsideration of the 2008 NAAQS.
    Response: EPA's rulemaking action here addresses only the 1997 8-
hour ozone NAAQS, and has no bearing on whether the area is attaining
any other NAAQS or requirements under any other NAAQS. Therefore, this
comment is not relevant to this rulemaking action.
    Comment: The commenter alleges that EPA must perform an evaluation
under CAA Section 110(l) to justify a determination of attainment for
the Pittsburgh Area, and further alleges that CAA Section 110(l) would
show that EPA should disapprove the attainment determination. The
commenter contends that EPA must analyze how delaying implementation of
the 1987 SIP revisions, including RACT, will interfere with other NAAQs
attainment.
    Response: CAA Section 110(l) applies explicitly and only to a
``revision to an implementation plan.'' As set forth in the response to
comment above, EPA's rulemaking here is restricted to EPA's
determination, based on ambient air quality, that the Pittsburgh Area
is attaining the 1997 8-hour ozone standard. It is not a SIP revision,
and thus section 110(l) is by its own terms not applicable to this
rulemaking. It is not this determination of attainment, but rather
EPA's ozone implementation rule, 40 CFR 51.918, that specifies the
consequence of the determination as suspension of the area's
obligations to submit an attainment demonstration, a RFP plan,
contingency measures and other planning requirements related to
attainment as SIP revisions for as long as the area continues to
attain. In any case, the requirements that are suspended by the
regulation are related solely to attainment for the 1997 8-hour ozone
standard. EPA is determining, and the commenter does not contest, that
the area is attaining that standard and the suspension of attainment
planning SIP submissions lasts only as long as the area is meeting that
standard. No other requirements are suspended. The commenter is
incorrect in arguing that the determination of attainment would delay
implementation of measures needed for attainment of the 1997 8-hour
ozone standard, and that it would relax SIP control measures. This
action has no effect on control measures, or air quality, in the area.
For example, contrary to commenter's contention, RACT requirements for
the 1997 8-hour ozone standard (or for any other standard), are not
suspended or delayed by this determination, nor by 40 CFR 51.918.
    In sum, no evaluation under section 110(l) is required by law, and
even if such an evaluation were required, EPA would conclude that this
determination of attainment would not interfere with attainment,
reasonable further progress towards attainment, or any other applicable
requirement of the CAA.

IV. Final Action

    EPA has determined that the Pittsburgh Area has attained the 1997
8-hour ozone NAAQS based on 2007 to 2009 complete, quality-assured, and
certified ambient air quality monitoring data. Data in AQS for 2010 are
consistent with continued attainment. As provided in 40 CFR 51.918,
this determination suspends the requirements for the Commonwealth of
Pennsylvania to submit, for the Pittsburgh Area, an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning requirements related to attainment of the 1997 8-
hour ozone NAAQS as long as the area continues to attain the 1997 8-
hour ozone NAAQS.
    This action is not a redesignation. The Pittsburgh Area will remain
designated nonattainment for the 1997 8-hour ozone NAAQS until such
time as EPA determines that the area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan.

V. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air
quality and results in the suspension of certain

Federal requirements, and does not impose additional requirements
beyond those imposed by State law. For that reason, this proposed
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this determination that the Pittsburgh Area has
attained the 1997 8-hour ozone NAAQS does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions 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 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, 2011. 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 determination that the Pittsburgh Area has
attained the1997 8-hour ozone NAAQS 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, Ozone, Reporting and
recordkeeping requirements.

    Dated: May 23, 2011,
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2037, paragraph (q) is added to read as follows:

Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (q) Determination of attainment--In accordance with 40 CFR 51.918,
EPA has determined that Pittsburgh-Beaver Valley 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard and that
certain requirements of section 172(c) of the Clean Air Act are
suspended as long as the nonattainment area continues to meet the 1997
8-hour ozone NAAQS. This determination is based upon complete, quality
assured, and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to
2009 monitoring period. Complete, quality-assured air monitoring data
for 2010 are consistent with continued attainment. This determination
suspends the obligation of the Commonwealth of Pennsylvania to submit
an attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning requirements related to attainment of the
1997 8-hour ozone NAAQS for the Pittsburgh Area for as long as the area
continues to meet the 1997 8-hour ozone NAAQS. If a violation of
the1997 8-hour ozone NAAQS is monitored in the Pittsburgh-Beaver Valley
8-hour ozone nonattainment area, this determination shall no longer
apply.

[FR Doc. 2011-13275 Filed 5-27-11; 8:45 am]
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