[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Pages 2244-2245]
[FR Doc No: 2014-00335]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-57]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before February 3, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0388 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

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

    Issued in Washington, DC, on January 7, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0388.
    Petitioner: Roy Wiegand, Mike Wilson, Brad Howard.
    Section of 14 CFR Affected: 14 CFR 91.151.
    Description of Relief Sought: Roy Wiegand, Mike Wilson, and Brad
Howard seek relief to obtain a broad exemption for all small unmanned
aircraft systems (sUAS) operators that,

due to their aircraft's physical size are unable to comply with the
rule.

[FR Doc. 2014-00335 Filed 1-10-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Rules and Regulations]
[Page 43807-43809]
[DOCID:fr27jy10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0729; Directorate Identifier 2010-CE-032-AD;
Amendment 39-16373; AD 2010-15-07]
RIN 2120-AA64

Airworthiness Directives; Zaklad Szybowcowy ``Je[zdot][oacute]w''
Henryk Mynarski Model PW-6U Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Cracks on the lug of the rear attachment fitting of the
horizontal stabilizer have been detected during the inspection of
two PW-6U gliders operated by the same user.
    This condition, if not corrected, could result in no longer
retaining the horizontal stabilizer in place and consequent loss of
control of the aeroplane.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective August 16, 2010.
    On August 16, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by September 10, 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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2010-0108-E, dated June 8, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Cracks on the lug of the rear attachment fitting of the
horizontal stabilizer have been detected during the inspection of
two PW-6U gliders operated by the same user.
    This condition, if not corrected, could result in no longer
retaining the horizontal stabilizer in place and consequent loss of
control of the aeroplane.
    For the reasons described above, this AD requires immediate and
periodic inspections of the horizontal stabilizer rear attachment
fitting and the accomplishment of the relevant corrective actions as
necessary.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski has
issued Mandatory Bulletin BO-78-10-10, dated June 7, 2010. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the 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 have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracks on the lug of the rear attachment fitting of the horizontal
stabilizer have been found. This condition, if not detected and
corrected,

could cause the horizontal stabilizer to fail, which could result in
loss of control. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that
good cause exists for making this amendment effective in fewer than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0729; Directorate
Identifier 2010-CE-032-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    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 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) Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-15-07 Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk
Mynarski: Amendment 39-16373; Docket No. FAA-2010-0729; Directorate
Identifier 2010-CE-032-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
16, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following Zak[lstrok]ad Szybowcowy
``Je[zdot][oacute]w'' Henryk Mynarski Model PW-6U sailplanes,
certificated in any category:
    (i) Serial numbers (S/Ns) 78.00.00 through 78.03.07 equipped
with an automatic elevator control connection installed in
accordance with Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w''
Henryk Mynarski Bulletin BS-78-02-04;
    (ii) S/Ns 78.03.08 through 78.03.10; and
    (iii) S/Ns 78.04.01 and subsequent S/Ns.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Cracks on the lug of the rear attachment fitting of the
horizontal stabilizer have been detected during the inspection of
two PW-6U gliders operated by the same user.
    This condition, if not corrected, could result in no longer
retaining the horizontal stabilizer in place and consequent loss of
control of the aeroplane.
    For the reasons described above, this AD requires immediate and
periodic inspections of the horizontal stabilizer rear attachment
fitting and the accomplishment of the relevant corrective actions as
necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before further flight after the effective date of this AD,
repetitively thereafter at intervals not to exceed 50 hours time-in-
service, and, in addition, before further flight anytime the
sailplane experiences a ``hard landing,'' visually inspect the rear
attachment fitting of the horizontal stabilizer for cracks and
damage. Do the inspections following Zak[lstrok]ad Szybowcowy
``Je[zdot][oacute]w'' Henryk Mynarski Mandatory Bulletin BO-78-10-
10, dated June 7, 2010, except use a 10X magnifier.
    (2) If any crack or damage is found during any inspection
required in paragraph (f)(1) of this AD, before further flight after
the inspection in which a crack or damage is found, contact
Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski, ul.
D[lstrok]uga 93, 58-521 Je[zdot][oacute]w Sudecki, Poland,
telephone/fax: +48 75 713 21 59 or +48 33 829 33 72; e-mail:
szdjezow.com.pl, to obtain an FAA-approved repair scheme and
incorporate the repair scheme.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information
as follows. The service information requires a visual inspection
with a 5X magnifier. For the inspection, we are requiring a 10X
magnifier to detect cracks and damage that may go undetected using
only a 5X magnifier.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any sailplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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

    (h) Refer to MCAI EASA AD No. 2010-0108-E, dated June 8, 2010,
and Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski
Mandatory Bulletin BO-78-10-10, dated June 7, 2010, for related
information.

Material Incorporated by Reference

    (i) You must use Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w''
Henryk Mynarski Mandatory Bulletin BO-78-10-10, dated June 7, 2010,
to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Zak[lstrok]ad Szybowcowy ``Je[zdot][oacute]w'' Henryk Mynarski, ul.
D[lstrok]uga 93, 58-521 Je[zdot][oacute]w Sudecki, Poland,
telephone/fax: +48 75 713 21 59 or +48 33 829 33 72; e-mail:
szdjezow.com.pl; Internet: http://www.szdjezow.com.pl/.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri on July 15, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-17924 Filed 7-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Rules and Regulations]
[Pages 75795-75797]
[FR Doc No: 2011-30787]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0846; FRL-9493-2]

Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Placer County Air Pollution Control District (PCAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from architectural coatings
and automotive refinishing operations. We are approving local rules
that regulate these emission sources under the Clean Air Act as amended
in 1990 (CAA or the Act).

DATES: This rule is effective on February 3, 2012 without further
notice, unless EPA receives adverse comments by January 4, 2012. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0846, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send email directly to EPA, your email address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency               Rule No.           Rule title             Amended/adopted      Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.............................          218  Architectural Coatings....  Amended 10/14/10.....       4/5/11
PCAPCD.............................          234  Automotive Refinishing      Adopted 11/3/94......       4/5/11
                                                   Operations.

                                                                              Amended 10/14/10.
----------------------------------------------------------------------------------------------------------------

    On May 6, 2011 (218) and May 31, 2011 (234), EPA determined that
the two submittals met the completeness criteria in 40 CFR Part 51
Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of PCAPCD Rule 218 into the SIP on
July 18, 1996 (61 FR 37390). The PCAPCD amended revisions to the SIP-
approved version on October 14, 2010. There are no previous versions of
PCAPCD Rule 234 in the SIP. CARB submitted both rules to us on April 5,
2011. While we can act on only the most recently submitted version, we
have reviewed materials provided with previous submittals.

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. PCAPCD Rule 218 and
PCAPCD Rule 234 limit emissions of VOC from architectural coatings and
from automotive refinishing operations. EPA's technical support
documents (TSDs) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and(b)(2)), and must not relax existing requirements
(see sections 110(l) and 193). PCAPCD regulates an ozone nonattainment
area (see 40 CFR part 81). Rule 218 is not subject to RACT requirements
because it is applicable to sources that are too small to exceed the
major source threshold of 25 tons per year (tpy), and no CTG is
available for this category. However, PCAPCD Rule 234 must fulfill
RACT.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. CARB's Consumer Products Regulation, Title 17, California Code
of Regulations (CCR), Division 3, Chapter 1, Subchapter 8.5, Article 2,
Sections 94507-94517.
    4. EPA's model VOC rule guidance titled, ``Model Volatile Organic
Compound Rules for Reasonably Available Control Technology'' (June
1992).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by January 4, 2012, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on February 3, 2012. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 Clean Air Act; and

     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule 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 rules,
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).
    Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the Proposed Rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the proposed
rulemaking. 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, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: October 27, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(388)(i)(E)(3)
and (4) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (E) * * *
    (3) Rule 218, ``Architectural Coatings,'' amended October 14, 2010.
    (4) Rule 234, ``Automotive Refinishing Operations,'' adopted
November 3, 1994 and amended October 14, 2010, effective July 1, 2011.
* * * * *
[FR Doc. 2011-30787 Filed 12-2-11; 8:45 am]
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