[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Proposed Rules]
[Pages 59667-59670]
[FR Doc No: 2021-23237]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0831; Project Identifier AD-2021-00712-E]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain General Electric Company (GE) GEnx-1B and GEnx-2B model
turbofan engines. This proposed AD was prompted by the manufacturer's
report of two findings of sheared compressor discharge pressure (CDP)
bolts during engine shop visits. This proposed AD would require initial
and repetitive inspections of the CDP bolted joint and, depending on
the findings, a piece part inspection of the stages 6-10 compressor
rotor spool, CDP seal, and high-pressure turbine (HPT) rotor stage 1
disk. As a terminating action, this proposed AD would require operators
to reassemble the CDP bolted joint using a specific torque wrench. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by December
13, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact General
Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone: (513)
552-3272; email: [email protected]; website: www.ge.com.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0831; 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Alexei Marqueen, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0831; Project Identifier
AD-2021-00712-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Alexei Marqueen, Aviation Safety Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA was notified by the manufacturer of two findings of sheared
CDP bolts at engine shop visits during disassembly of the CDP bolted
joint on GEnx-1B70/75/P2 and GEnx-2B67/P model turbofan engines.
Subsequent investigation by the manufacturer determined that the
fracture and liberation of the CDP bolts was caused by the inadvertent
over-torque condition of the bolts during assembly and reassembly with
a 11C4525P01 torque fixture or during assembly with a 11C4629P01 torque
wrench. In one finding, the fractured CDP bolt caused damage to the
stages 6-10 compressor rotor spool, CDP seal, and HPT rotor stage 1
disk. This condition, if not addressed, could result in damage to the
engine and damage to the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE GEnx-1B Service Bulletin (SB) 72-0495 R00,
dated May 11, 2021, (GEnx-1B SB 72-0495) and GE GEnx-2B SB 72-0433 R00,
dated May 11, 2021 (GEnx-2B S/B 72-0433). GEnx-1B SB 72-0495 describes
procedures for the inspection of the CDP bolted joint components on
GEnx-1B model turbofan engines. GEnx-2B SB 72-0433 describes procedures
for the inspection of the CDP bolted joint components on GEnx-2B model
turbofan engines. 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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require initial and repetitive inspections
of the CDP bolted joint and, depending on the findings, a piece part
inspection of the stages 6-10 compressor rotor spool, CDP seal, and HPT
rotor stage 1 disk. As a terminating action, this proposed AD would
require operators to reassemble the CDP bolted joint using a 11C4888P01
torque wrench.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 320 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of CDP bolted joint........  1 work-hour x $85 per                 $0             $85         $27,200
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Piece part inspection of stages 6-10            56 work-hours x $85 per hour =                $0          $4,760
 compressor rotor spool.                         $4,760.
Piece part inspection of CDP seal.............  22 work-hours x $85 per hour =                 0           1,870
                                                 $1,870.
Piece part inspection of HPT rotor stage 1      59 work-hours x $85 per hour =                 0           5,015
 disk.                                           $5,015.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

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

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 airworthiness
directive:

General Electric Company: Docket No. FAA-2021-0831; Project
Identifier AD-2021-00712-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GEnx-1B64,
GEnx-1B64/P1, GEnx-1B64/P2, GEnx-1B67, GEnx-1B67/P1, GEnx-1B67/P2,
GEnx-1B70, GEnx-1B70/75/P1, GEnx-1B70/75/P2, GEnx-1B70/P1, GEnx-
1B70/P2, GEnx-1B70C/P1, GEnx-1B70C/P2, GEnx-1B74/75/P1, GEnx-1B74/
75/P2, GEnx-1B76/P2, GEnx-1B76A/P2, GEnx-2B67, GEnx-2B67B, and GEnx-
2B67/P model turbofan engines with a compressor discharge pressure
(CDP) bolted joint assembled or reassembled with the 11C4525P01
torque fixture or assembled with the 11C4629P01 torque wrench.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a report from the manufacturer of two
findings of sheared CDP bolts during engine shop visits. The FAA is
issuing this AD to prevent fracture of the CDP bolt. The unsafe
condition, if not addressed, could result in damage to the engine
and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) At the next engine shop visit after the effective date of
this AD, perform an inspection of the CDP bolted joint for fractured
or missing material using the Accomplishment Instructions, paragraph
3.A.(2) of GE GEnx-1B Service Bulletin (SB) 72-0495 R00, dated May
11, 2021 (GEnx-1B SB 72-0495) (for GEnx-1B models) or Accomplishment
Instructions, paragraph 3.A.(2) of GE GEnx-2B SB 72-0433 R00, dated
May 11, 2021, (GEnx-2B SB 72-0433) (for GEnx-2B models).
    (2) Repeat the inspection required by paragraph (g)(1) of this
AD at every engine shop visit.
    (3) If a fractured or missing bolt or nut is found during any
inspection required by paragraph (g)(1) or (2) of this AD, before
further flight, perform piece part inspections in accordance with
the Instructions for Continued Airworthiness of the stages 6-10
compressor rotor spool, CDP seal, and high-pressure turbine rotor
stage 1 disk.

(h) Terminating Action

    As terminating action to the repetitive inspections required by
paragraph (g)(2) of this AD, reassemble the CDP bolted joint using
the 11C4888P01 torque wrench, in accordance with the Accomplishment
Instructions, paragraph 3.B.(1) of GEnx-1B SB 72-0495 (for GEnx-1B
models) or the Accomplishment Instructions, paragraph 3.B.(1) of
GEnx-2B SB 72-0433 (for GEnx-2B models).

(i) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving a
module exposure in which the mid fan shaft removal exposes the CDP
bolted joint.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
ECO Branch, send it to the attention of the person identified in

paragraph (k)(1) of this AD. You may email your request to: [email protected].
    (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.

(k) Related Information

    (1) For more information about this AD, contact Alexei Marqueen,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) For service information identified in this AD, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email: [email protected];
website: www.ge.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(781) 238-7759.

    Issued on September 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.

[FR Doc. 2021-23237 Filed 10-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 14, 2007 (Volume 72, Number 156)]
[Proposed Rules]
[Page 45397-45404]
[DOCID:fr14au07-26]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[Docket No. EPA-R02-OAR-2004-TR-0001, FRL-8453-9]

Approval and Promulgation of Saint Regis Mohawk's Tribal
Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of the proposed St. Regis Mohawk Tribe's (SRMT or the
Tribe) tribal implementation plan (TIP) to improve air quality within
the exterior boundaries of the St. Regis Mohawk Reservation (the
Reservation) that are in accordance with federal requirements. EPA
previously approved the Tribe for treatment-in-the-same-manner-as-a-
state (TAS) under the Clean Air Act (Act) for purposes of administering
a TIP on March 5, 2003. The proposed TIP establishes Tribal ambient air
quality standards; includes an emissions inventory; provides
regulations for permitting, source surveillance, open burning and
enforcement; and defines the Tribe's program for review of state
permits and regional haze planning. This action will make federally
enforceable the approvable portions of the SRMT's proposed TIP.

DATES: Comments must be received on or before September 13, 2007.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R02-OAR-
2004-TR-0001, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2004-
TR-0001. EPA's policy is that all comments

received 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 information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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 or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA Action Being Proposed Today
II. Introduction
III. Background
    A. What is the Clean Air Act and its relationship to Indian
tribes?
    1. What is an implementation plan?
    2. How do Tribal Implementation Plans compare to State
Implementation Plans?
IV. Tribal Implementation Plan Requirements
    What is required for the approval of a Tribal Implementation
Plan?
V. St. Regis Mohawk Tribe's TIP Submittal
    A. What did EPA determine in finding the St. Regis Mohawk Tribe
Eligible for TAS?
    B. What authority does the St. Regis Mohawk Tribe Environment
Division have?
    C. What role does EPA have in criminal enforcement?
    D. When did SRMT adopt the Tribal Implementation Plan under
Tribal Law?
    E. What is included in the SRMT TIP submittal?
    1. Ambient Air Quality Standards
    2. Emissions Inventory
    3. Permits
    4. Source Surveillance
    5. Open Burning
    6. Enforcement
    7. Review of State Permits
    8. Regional Haze Planning
VI. What EPA action is being taken today?

I. EPA Action Being Proposed Today

    EPA is proposing approval of the St. Regis Mohawk Tribe's TIP
submission which contains programs to address: Ambient air quality
standards for sulfur dioxide (SO2), particulate matter (PM),
nitrogen dioxide (NO2), ozone (O3), fluoride, and
heavy metals; Emissions Inventory; Permitting; Synthetic Minor
Facilities; Source Surveillance; Open Burning; Enforcement; Review of
State Permits; and Regional Haze Planning.

II. Introduction

    The St. Regis Mohawk Tribe (SRMT) is an Indian tribe federally
recognized by the U.S. Secretary of the Interior. See 70 FR 71194,
71196 (November 25, 2005). Beginning in 2001, the SRMT, with assistance
from EPA, began developing a draft TIP and its various elements with
the goal of eventually submitting the TIP to EPA for approval. On
December 10, 2001, the SRMT requested that EPA find the Tribe eligible
for TAS, pursuant to section 301(d) of the Clean Air Act and Title 40
part 49 of the Code of Federal Regulations (CFR), for the purpose of
developing and carrying out a TIP. On March 5, 2003, EPA determined
that the Tribe is eligible for TAS for that purpose. Having found that
the SRMT is eligible for TAS, EPA is now proposing approval of the
Tribe's TIP. The Tribe did not apply for TAS eligibility for the area
known as the Hogansburg Triangle, and EPA made no determination with
respect to that area. Therefore, the proposed TIP would not apply to
the Hogansburg Triangle. The St. Regis Mohawk Tribe Tribal
Implementation Plan, revision 003, was formally submitted to EPA on
February 26, 2004.
    The SRMT's TIP has been developed to protect the Reservation
populace from air pollution by controlling or abating existing and new
sources. The TIP includes ambient air quality standards for
SO2, PM, NO2, O3, fluoride, and heavy
metals. Other programs in the TIP include emissions inventory,
permitting, synthetic minor facilities, source surveillance, open
burning, enforcement, review of state permits, and regional haze
planning.

III. Background

A. What is the Clean Air Act and its Relationship to Indian tribes?

    The Clean Air Act (Act) was originally passed in 1970 and has been
the subject of substantial amendments, most recently in 1990. Among
other things, the Act: Requires the EPA to establish National Ambient
Air Quality Standards (NAAQS) for certain pollutants; requires the EPA
to develop programs to address specific air quality problems;
establishes the EPA's enforcement authority; and provides for air
quality research. As part of the 1990 amendments, Congress added
section 301(d) to the Act authorizing EPA to treat eligible Indian
tribes in the same manner as states and directing EPA to promulgate
regulations specifying those provisions of the Act for which TAS is
appropriate. In February of 1998, EPA implemented this requirement by
promulgating the Tribal Authority Rule (TAR) (63 FR 7254 (February 12,
1998), codified at 40 CFR part 49). EPA included relevant provisions
relating to implementation plans among the provisions for which TAS is
appropriate (exceptions are identified in 40 CFR 49.4).
    Under the provisions of the Act and EPA's regulations, Indian
tribes must demonstrate that they meet the eligibility criteria in
section 301(d) of the Act and the TAR in order to be treated in the
same manner as a state. The eligibility criteria are: (1) The Indian
tribe is federally-recognized; (2) the Indian tribe has a governing
body carrying out substantial governmental duties and powers; (3) the
functions the Indian tribe is applying to carry out pertain to the
management and protection of air resources within the exterior
boundaries of the reservation (or other areas within the Indian tribe's
jurisdiction); and, (4) the Indian tribe is reasonably expected to be
capable of performing the functions the Indian tribe is applying to
carry out in a manner consistent with the terms and purposes of the Act
and all applicable regulations.
1. What is an implementation plan?
    An implementation plan is a set of programs and regulations
developed by the appropriate regulatory agency in order to assure
healthy air quality through the attainment and maintenance of the
NAAQS. These plans can be developed by states, eligible Indian tribes,
or the EPA, depending on the entity with jurisdiction and EPA approval
in a particular area. For states, such plans, once approved by EPA, are
referred to as State Implementation Plans or SIPs.

Similarly, for eligible Indian tribes these plans, once approved, are
called Tribal Implementation Plans or TIPs. Occasionally, EPA will
develop an implementation plan for a specific area or source. This is
referred to as a Federal Implementation Plan or a FIP. Once final
approval is published in the Federal Register, the provisions of an
implementation plan become federally enforceable. An applicable
implementation plan may be comprised of both TIPs and FIPs and/or SIPs
and FIPs.
    The contents of a typical implementation plan may fall into three
categories: (1) Agency-adopted control measures, which consist of
rules, regulations or source-specific requirements (e.g., orders,
consent decrees or permits); (2) agency-submitted ``non-regulatory''
components (e.g., attainment plans, rate of progress plans, emission
inventories, transportation control measures, statutes demonstrating
legal authority, monitoring programs); and (3) additional requirements
promulgated by the EPA (in the absence of a commensurate agency
provision) to satisfy a mandatory Clean Air Act section 110 or part D
requirement. The implementation plan is a living document which can be
revised by the state or eligible Indian tribe as necessary to address
air pollution problems. Accordingly, the EPA from time to time must
take action on implementation plan revisions which may contain new and/
or revised regulations that will become part of the implementation
plan.
    Upon submittal to EPA, the Agency reviews implementation plans for
conformance with federal policies and regulations. If the
implementation plan conforms, the State's or eligible Indian tribe's
regulations become federally enforceable upon EPA approval. The
codification is usually accomplished by first announcing the EPA's
findings in the Federal Register through a Proposed Rulemaking, with an
appropriate public comment period. After evaluating comments received
on the proposal, a Final Rulemaking Action will be published by EPA,
which will incorporate the implementation plan, if approved, into the
CFR.
2. How do Tribal Implementation Plans compare to State Implementation
Plans?
    The Act requires each state to develop, adopt, and submit an
implementation plan for EPA approval into the SIP. Several sections of
Title I of the Act provide structured schedules and mandatory
requirements for SIP preparation and contents. These are further
developed in 40 CFR part 51. The SIP program reflects each state's
particular needs and air quality issues. At a minimum, SIPs must meet
minimum federal standards. If a state fails to submit an approvable SIP
within the schedules provided in the Act, sanctions can be imposed on
the state, and if the state still does not submit an approvable
implementation plan, the EPA is required to develop and enforce a FIP
to implement the applicable Act requirements for that state.
    Sections 110 and 301(d) of the Act and EPA's implementing
regulation at 40 CFR part 49 provide for tribal implementation of
various Act programs including TIPs. Eligible Indian tribes can choose
to implement certain Act programs by developing and adopting a TIP and
submitting the TIP to EPA for approval. TIPs: (1) Are optional; (2) may
be modular; (3) have flexible submission schedules; and (4) allow for
joint tribal and EPA management as appropriate.
     Optional--The Act requires each state to develop, adopt
and submit a proposed SIP for EPA approval. Unlike states, Indian
tribes are not required to adopt an implementation plan. In the TAR,
the EPA recognized that not all Indian tribes will have the need or the
desire for an air pollution control program, and EPA specifically
determined that it was not appropriate to treat tribes in the same
manner as states for purposes of plan submittal and implementation
deadlines. See 40 CFR 49.4.
     Modular--The TAR offers eligible Indian tribes the
flexibility to include in a TIP only those implementation plan elements
that address their specific air quality needs and that they have the
capacity to manage. Under this modular approach, the TIP elements the
eligible Indian tribe adopts must be ``reasonably severable'' from the
package of elements that can be included in a whole TIP. ``Reasonably
severable'' means that the parts or elements selected for the TIP are
not necessarily connected or interdependent to parts that are not
included in the TIP, and are consistent with applicable Act and
regulatory requirements. TIPs are fundamentally different than SIPs
because while the Act requires States to prepare an implementation plan
that meets all of the requirements of section 110 of the Act, an Indian
tribe may adopt TIP provisions that address only some elements of
section 110.
     Have Flexible Submission Schedules--Neither the Act nor
the TAR requires Indian tribes to develop TIPs. Therefore, unlike
states, Indian tribes are not required to meet the implementation plan
submission deadlines or attainment dates specified in the Act. Indian
tribes can establish their own schedules and priorities for developing
TIP elements (e.g., regulations to limit emissions of a specific air
pollutant) and submitting them to the EPA. Indian tribes will not face
sanctions for failing to submit or for submitting incomplete or
deficient implementation plans. See 40 CFR 49.4.
     Allow for Joint Tribal and EPA Management--Consistent with
the Act and the TAR, eligible Indian tribes can revise a TIP to include
appropriate new programs or return programs to EPA for Federal
implementation as necessary or appropriate based on changes in tribal
need or capacity. The EPA may regulate emission sources that the Indian
tribe chooses not to include in a TIP if it is necessary or appropriate
to adequately protect air quality. This type of joint management is
expected to result in a program fully protective of tribal air
resources.

IV. Tribal Implementation Plan Requirements

What is required for the approval of a Tribal Implementation Plan?

    For a tribe to receive EPA approval of a TIP, the tribe must, among
other things:
     Obtain a determination from EPA that the tribe is eligible
for TAS for purposes of the TIP;
     Submit to EPA a TIP that satisfies requirements of the Act
and relevant regulations that apply to the plan elements and functions
the tribe seeks to carry out.
    To be found eligible for TAS for the purpose of carrying out an
implementation plan under the Act, the tribe must meet the requirements
of section 301(d) of the Act and 40 CFR 49.6:
     The Indian tribe must be federally recognized;
     The Indian tribe must have a governing body carrying out
substantial governmental duties and powers over a defined area;
     The functions to be exercised by the tribe must pertain to
the management and protection of air resources within the exterior
boundaries of the tribe's reservation or other areas within the tribe's
jurisdiction;
     The Indian tribe must be reasonably expected to be
capable, in the EPA Regional Administrator's judgment, of carrying out
the functions to be exercised in a manner consistent with the terms and
purposes of the Act and all applicable regulations.
    The following technical elements may be included in a TIP:

     A list of regulated pollutants affected by the plan;
     Locations of affected sources and the air quality
designation (i.e., attainment, unclassifiable, nonattainment) of the
source location;
     Projected estimates of changes in current actual emissions
from affected sources;
     Modeling information (i.e., input and output data,
justification of models used, data and assumptions used);
     Documentation that the plan contains emission limitations,
work practice standards, and recordkeeping/reporting requirements;
     Regulations.
    The TAR allows tribes to develop, adopt, and submit an
implementation plan for approval as a TIP in a modular fashion, so it
may not be necessary to meet all of the requirements identified above.
    The EPA has the authority, under the Act, to enforce the
regulations in an approved TIP. The EPA will work cooperatively with
the Indian tribe in exercising its enforcement authority. The EPA
recognizes that, in certain circumstances, eligible Indian tribes have
limited criminal enforcement authority. The TAR specifically provides
that such limitations on an Indian tribe's criminal enforcement
authority do not prevent a TIP from being approved. Where
implementation of the TIP requires criminal enforcement authority, and
to the extent a tribe is precluded from asserting such authority, the
federal government will exercise primary criminal enforcement
responsibility. A memorandum of agreement between an Indian tribe and
the EPA is an appropriate way to address circumstances in which the
tribe is incapable of exercising applicable enforcement requirements as
described in 40 CFR 49.7(a)(6) and 40 CFR 49.8. The memorandum of
agreement shall include a process by which the tribe will provide
potential investigative leads to EPA and/or other appropriate federal
agencies in an appropriate and timely manner.

V. St. Regis Mohawk Tribe's TIP Submittal

A. What did EPA determine in finding the St. Regis Mohawk Tribe
Eligible for TAS?

    On December 10, 2001, SRMT requested an EPA determination under the
provisions of 40 CFR 49.7 that the Tribe is eligible for TAS for the
purpose of developing a TIP for air quality. On March 5, 2003, EPA
determined that the Tribe meets the eligibility requirements of section
301(d) of the Act and 40 CFR 49.6 for the purposes of developing and
carrying out an implementation plan under the Act. As noted above, the
Tribe did not request an eligibility determination for the area known
as the Hogansburg Triangle, and EPA made no determination with respect
to that area. This proposed TIP approval pertains only to lands within
the exterior boundaries of the St. Regis Mohawk Reservation covered by
the March 3, 2003 determination and thus does not apply to the
Hogansburg Triangle.
    The TAS determination fully addressed the four criteria of 49 CFR
49.6. In summary: (1) The Indian tribe must be federally recognized:
The U.S. Secretary of the Interior has recognized SRMT. See 70 FR
71194, 71196 (November 25, 2005);
    (2) The Indian tribe must have a governing body carrying out
substantial governmental duties and powers over a defined area: The
SRMT governing body is embodied in its Tribal Council. The Tribal
government enacts laws and legislation within the jurisdiction of the
SRMT Reservation. The Tribal government administers health, education,
environmental, and welfare programs. EPA determined that the Tribe has
a governing body carrying out substantial duties and powers under the
provisions of 40 CFR 49.6 and made a similar determination in a
previous TAS eligibility determination for the purposes of section 105
and section 505(a)(2) of the Act;
    (3) The functions to be exercised by the tribe must pertain to the
management and protection of air resources within the exterior
boundaries of the tribe's reservation or other areas within the tribe's
jurisdiction: The SRMT applied for TAS, and EPA found the Tribe
eligible, for lands within the exterior boundaries of the St. Regis
Mohawk Reservation, excluding the area known as the Hogansburg
Triangle. New York State was given the opportunity to review the TAS
application and to provide any comments on the Reservation boundaries,
pursuant to 40 CFR 49.7. The Reservation is located in the northern
portion of New York adjacent to the St. Lawrence River. The specific
Reservation boundaries, and the exclusion of the Hogansburg Triangle
area, were described in the Tribe's December 10, 2001 application and
referenced in EPA's TAS eligibility determination; and,
    (4) The Indian tribe must be reasonably expected to be capable, in
the EPA Regional Administrator's judgment, of carrying out the
functions to be exercised in a manner consistent with the terms and
purposes of the Act and all applicable regulations: SRMT's TAS
application contains substantial information regarding the Tribe's
capability to carry out the functions in the proposed TIP. As discussed
fully in the TAS decision, EPA considered this information in
determining that the Tribe meets this requirement for TAS eligibility.
In particular, SRMT's Air Quality Program has staff with degrees
ranging from an Associates Science to a Masters Degree. They have
received extensive training including but not limited to training in
TIP development and permit issuance. The staff has also demonstrated
considerable capabilities in the programmatic, administrative, and
legal spheres since 1990. The TIP will be implemented by Air Quality
Program staff, Conservation Officers, Environmental Lawyers, and an on-
site legal advisor, with technical support through EPA Region 2 and
EPA's Tribal Air Monitoring center in Las Vegas. All SRMT agencies,
including but not limited to the Tribal Police Force, will assist in
compliance activities and (as appropriate) the enforcement of the TIP
in accordance with applicable law.
    Based on information submitted by the Tribe, summarized above,
other relevant information, and our knowledge of the Tribe's programs,
EPA determined that the SRMT met all requirements for TAS eligibility.
The determination and cover letter were sent to the Tribal Council with
a courtesy copy to New York State.
    In addition to the approval for TAS for the purpose of developing a
TIP for air quality, the Tribe was deemed eligible for the purpose of
establishing a minor source permitting program in a separate
determination on March 25, 2001.

B. What authority does the St. Regis Mohawk Tribe Environment Division
have?

    The SRMT Tribal Council gave the SRMT Environment Division Clean
Air Quality Program authority to administer Clean Air Act programs on
behalf of the Tribe in a Tribal Council Resolution (TCR 99-43) dated
December 3, 1999. This Resolution authorizes the Air Quality Program to
submit applications for Federal assistance and to administer Clean Air
Act programs, as allowed under the Act and EPA's regulations.

C. What role does EPA have in criminal enforcement?

    Consistent with 49 CFR 49.7(a)(6) and 49 CFR 49.8, on November 20,
2003, the SRMT entered into a Memorandum of Agreement (MOA) with the
EPA Region 2 and EPA's Criminal Investigations Division concerning
criminal enforcement of air pollution rules and

regulations. Under the terms of this agreement, the SRMT and its
agencies would refer to the appropriate EPA or U.S. Department of
Justice Office alleged criminal violations of the Act where the alleged
violator is a non-Indian as well as all alleged criminal activity where
the potential fine is greater than $5,000 or the penalty would require
imprisonment for more than one year in accordance with 25 U.S.C. 1302.
Criminal enforcement issues relating to implementation of the TIP
outside of this agreement may be pursued, as appropriate, by SRMT's
Environmental Conservation Officers and Tribal Officers.

D. When did SRMT adopt the Tribal Implementation Plan under Tribal Law?

    The SRMT developed and proposed rules comprising the proposed TIP
to its Tribal community in 2002. A public notice announcing
availability of the proposed TIP and inviting public comments was
published in the local newspaper (Watertown Daily Times on June 29,
2002). In addition, the SRMT has posted the proposed TIP on the Tribe's
Web site and for public review at the Tribal environmental health
center. The comments received from the public review on the proposed
TIP were minor. Based on the comments received, revisions were made to
the proposed TIP. The St. Regis Tribal Council adopted the rules
comprising the proposed TIP on October 3, 2002 (TCR 2002-183) as part
of Tribal Law, and it became effective under Tribal Law 30 days
thereafter. In order to satisfy the public hearing requirements of 40
CFR 51.102, the Tribe offered the opportunity for a public hearing upon
request. The notice of opportunity was published on April 5, 2007 in
the Indian Times and the proposed TIP was made available at the SRMT
Environmental Division and on their Web site. The notice indicated that
a public hearing would be held on May 16, 2007, upon request. EPA and
New York State Department of Environmental Conservation (NYSDEC) were
notified of the opportunity for a public hearing by the Tribe on April
11, 2007. SRMT provided EPA a package, dated May 16, 2007, which
included copies of the public notice of the availability of the
proposed TIP for comment, e-mails reserving and confirming a location
for the public hearing, and a letter notifying NYSDEC of the
opportunity for a public hearing. No requests for a public hearing were
made nor were any comments received. All comments and responses made
concerning the proposed TIP during the comment periods are on file with
the SRMT Environmental Division (ED) and EPA. EPA found that the Tribe
satisfied public hearing requirements.

E. What is included in the SRMT TIP submittal?

    The SRMT TIP submittal includes ambient air quality standards for
sulfur dioxide, particulate matter, nitrogen dioxide, ozone, fluoride,
and heavy metals, and provisions for emissions inventory, permitting
for major sources and for synthetic minor facilities, source
surveillance, open burning, enforcement, review of state permits, and
regional haze planning.
1. Ambient Air Quality Standards
    EPA has established primary and secondary National Ambient Air
Quality Standards (NAAQS) for six common air pollutants: CO, lead,
NO2, ozone, particulate matter, and SO2. Most
pollutants regulated by the NAAQS have two limits. The ``primary''
standard is designed to protect the public--including children, people
with asthma, and the elderly--from health risks. The ``secondary''
standard is to prevent unacceptable effects on the public welfare,
e.g., damage to crops and vegetation, buildings and property, and
ecosystems.
    SRMT established ambient threshold standards and measuring methods
in section 9 of the proposed TIP for the following air pollutants:

------------------------------------------------------------------------
          Pollutant                 Threshold         Measuring method
------------------------------------------------------------------------
SO2 primary standard........  Annual 0.030 ppm....  40 CFR part 50 App A
                              24-hr 0.14 ppm......   or 40 CFR part 53.
SO2 secondary standard......  3-hr 0.5 ppm........  40 CFR part 50 App A
                                                     or 40 CFR part 53.
PM10 primary and secondary    Annual 50 [mu]g/m\3\  40 CFR part 50 App J
 standard.                    24 hr 150 [mu]g/       or 40 CFR part 53.
                               m\3\..
PM2.5 primary and secondary   Annual mean 15.0      40 CFR part 50 App
 standard.                     [mu]g/m\3\.           L.
                              24 hr 65 [mu]g/m\3\.
NO2 primary and secondary     Annual mean 0.053     40 CFR part 50 App F
 standard.                     ppm.                  or 40 CFR part 53.
O3 1 hr primary and           0.12 ppm............  40 CFR part 50 App D
 secondary standard.                                 or 40 CFR part 53.
O3 8 hr primary and           0.08 ppm annual 4th   40 CFR part 50 App D
 secondary standard.           highest daily         or 40 CFR part 53.
                               maximum.
Fluoride forage standard....  Growing season--10    None.
                               ppm.
                              60 day--15 ppm......
                              30 day--20 ppm......
Fluoride ambient standard...  12 hr--1.13 ppb.....  Methods set by SRMT
                              24 hr--0.88 ppb.....   Environment
                              1 wk--0.50 ppb......   Division.
                              1 mo--0.25 ppb......
Heavy Metals standard.......  ....................  40 CFR part 50 App
                                                     B.
    Beryllium...............  4.2x10-\4\ [mu]g/
                               m\3\.
    Cadmium.................  2.4x10-\2\ [mu]g/
                               m\3\.
    Chromium................  1.2 [mu]g/m\3\.
    Lead....................  7.5x10-\1\ [mu]g/
                               m\3\.
    Nickel..................  4.0x10-\3\ [mu]g/
                               m\3\.
    Zinc....................  50.0 [mu]g/m\3\.
------------------------------------------------------------------------

    The Act requires the NAAQS to be met everywhere. Accordingly, the
SRMT standards and measuring methods for SO2, PM,
NO2, and O3, which are the same as the EPA
standards, are approvable for incorporation into the TIP. The EPA is
proposing to approve the SRMT air quality standards and measurement
methods included in the proposed TIP for these pollutants. The
standards for fluoride, beryllium, cadmium, chromium, nickel and zinc
in the SRMT's proposed TIP are unique. These pollutants are listed in
the Act as hazardous air pollutants. While EPA has standards regulating
the emissions of these pollutants from stationary sources,

the Agency has not established ambient standards for hazardous air
pollutants. Consequently, EPA is not proposing to incorporate the
fluoride and heavy metal standards into the federally approved TIP. EPA
is also not proposing to approve the SRMT standard for lead, as the
standard in the proposed SRMT TIP are not equivalent to EPA's ambient
air quality standard. EPA is proposing to approve into the proposed TIP
the other ambient air quality standards and test methods. Measurements
for approvable standards will be made in accordance with the techniques
listed in 40 CFR part 50, appendix A, D, F, J, L, or by equivalent
methods designated in accordance with 40 CFR part 53.
2. Emissions Inventory
    An emissions inventory is a quantitative list of the amounts and
types of pollutants that are entering the air from each source in a
given area. The inventory may be comprehensive, looking at all
pollutants, or focused on only selected pollutants of concern. The
fundamental elements in an emissions inventory are the characteristics
and locations of the air emissions sources, as well as the amounts and
types of pollutants emitted. Periodic inventories are used to track
changes in emissions over time, estimate the effectiveness of emission
reduction strategies, and track the progress of air quality.
    The SRMT has chosen periodic emission inventories as its approach
to listing the pollutants emitted by sources. An initial emissions
inventory titled Emission Inventory Report was submitted to EPA on
December 30, 1999 utilizing a baseline year of 1995 and including
sources within the St. Regis Mohawk Reservation's exterior boundaries.
The boundaries for the emissions inventory did not include the area
known as the Hogansburg Triangle. There is currently no timetable for
updating the emissions inventory. The EPA finds that the method used by
SRMT to produce the emissions inventory is acceptable and is proposing
to approve the emissions inventory. The SRMT emissions inventory and
the Tribe's process are based on guidance established in EPA's
Procedures for Emission Inventory Preparation Volumes I-V, U.S. EPA Air
Pollution-42 (AP-42), Emissions Inventory Improvement Program Volumes
I-VII, and MOBILE 5/6.
3. Permits
    Owners and/or operators of existing or proposed sources of air
contaminants within the exterior boundaries of SRMT are required to
submit applications and obtain permits from the SRMT Air Quality
Program for the operation of such sources. However, owners and/or
operators of major stationary sources subject to 40 CFR part 71 and
located within the area covered by this proposed TIP must continue to
obtain a title V permit from the EPA, in accordance with part 71.
    Permitting procedures for minor sources are specified in sections
11 and 12 of the SRMT proposed TIP. Applications for construction and
operating permits for minor sources must be obtained from the SRMT ED.
The SRMT Air Quality Program will make a determination of facility
status within 60 days of receipt of a complete application. A 30-day
period for public comment and EPA review will be provided prior to
final action by SRMT. The Air Quality Program will publish a notice of
complete applications. Minor sources are required to seek renewal of
the SRMT permit every 5 years from the date of original issuance.
Owners or operators of affected facilities must submit their
applications for renewal no later than 180 days before the date of
expiration.
    The issuance of construction permits follows the procedures listed
in 40 CFR 51.160-51.163. Construction permits require that proposed
facilities or activities do not lead to any subsequent exceedence of
SRMT ambient air quality standards or NAAQS. Air quality modeling, in
accordance to 40 CFR part 51, appendix W, is required for facilities or
activities that will emit more than 20 tons per year (tpy) of
PM10, or 40 tpy of SO2, NOX, or
O3. Permits will be issued if the SRMT Air Quality Program
determines that Reasonably Available Control Technology will be applied
and the applicant has adequately demonstrated that reasonable further
progress toward the attainment of air quality standards is not
impaired. The Air Quality Program may modify the production/process
rate, hours of operation, or other permit conditions in order to create
enforceable permit conditions. Violations of permit conditions will
lead to enforcement penalties that include permit revocation. EPA is
proposing to approve the conditions and procedures the SRMT has
established for its minor source permitting program.
    Section 13 of the proposed TIP provides for permits to synthetic
minor sources. Owners or operators of stationary sources that would
otherwise be major sources but whose permits limit operation or
emissions with pollution control devices to less than major source
thresholds may request and accept Tribally- and Federally-enforceable
emission limits sufficient to allow the source to be considered
``synthetic minor sources.'' A synthetic minor source is not subject to
the Clean Air Act Title V--Federal Operating Permit Program, unless it
is subject to that rule for any reason other than being a major source.
EPA is proposing approval of the SRMT's synthetic minor source permit
program.
4. Source Surveillance
    Section 14 of the SRMT TIP addresses source surveillance. Source
surveillance includes: (1) Emission reports and recordkeeping; (2)
testing; (3) enforcement, inspection and complaints; (4) continuous
emissions monitoring; and (5) quality assurance/quality control plans.
In summary, the proposed TIP requires the following:
    Emission reports and recordkeeping--Emission reports are to include
facility, emission point, and process level information. These reports
should be submitted on March 1 each year based on one of the following
methods: Stack samples or other emission measurements; material balance
using knowledge of the process; AP-42 emission factors; or best
engineering judgment (including manufacturer's guarantees). All
required records must be maintained on-site for a period of five years,
and the owners or operators must make them available to representatives
of the SRMT Air Quality Program upon request.
    Testing--For the purpose of ascertaining compliance or non-
compliance with any air pollution control plan, rule or regulation, the
Air Quality Program requires the source owner or operator to report
results of testing within 30 days of testing. A source owner or
operator shall notify the Air Quality Program in writing, not less than
30 days prior to the test, of the time and date of the test. The
notification should include procedures for stack test sampling and
analytical procedures. Acceptable methods of testing are in 40 CFR part
60, appendix A and 40 CFR part 61, appendix B. For the purpose of
ascertaining compliance or non-compliance with any air pollution
control regulation, the Air Quality Program may conduct separate or
additional emission tests on behalf of the SRMT. A source owner or
operator shall provide sampling ports, scaffolding and other pertinent
equipment required for emission testing.
    Enforcement--Enforcement of these rules and regulations is
performed by St. Regis Mohawk Conservation Officers, with EPA
exercising certain primary criminal enforcement authorities as
described in the November 20, 2003 Memorandum of Agreement between

the Tribe and EPA. The Conservation Officers are also responsible for
inspecting facilities based on any complaints received. Findings shall
be recorded and a copy given to both the facility and the Air Quality
Program. The Air Quality Program representative is responsible for
annual facility inspections and any unannounced audits. As noted
earlier, the TIP provisions approved by EPA are also federally
enforceable, and therefore EPA may also exercise its civil enforcement
authorities, as appropriate, and in consultation with the SRMT.
    Continuous emissions monitoring requirements are provided in
Section 14.3 of the proposed TIP. The owners and operators of any
source conducting source surveillance shall be required to install and
operate Continuous Emission Monitors on each affected unit at the
source, and to assure the quality of data for sulfur dioxide, nitrogen
oxides, opacity and volumetric flow at each such unit. All units over
25 megawatts and new units under 25 megawatts that use fuel with a
sulfur content greater than 0.05 percent by weight are required to
measure and report emissions. New units under 25 megawatts using clean
fuels are required to certify their eligibility for an exemption every
five years.
    Quality assurance/quality control--The owner or operator must
develop and implement a written quality assurance/quality control plan
for each system. The quality control plan must include complete, step-
by-step procedures and operations for calibration checks and
adjustments, preventive maintenance, audits, and record keeping and
reporting. The quality assurance plan must include procedures for
conducting periodic performance tests.
    EPA is proposing to approve the methods, requirements and
procedures for source surveillance in the SRMT's proposed TIP.
5. Open Burning
    Section 15 of the proposed TIP contains the open burning program.
The SRMT incorporated the Tribal Burn Regulation into Tribal Council
Resolution 2002-59 (appendix I of the proposed TIP) and reaffirmed it
in Tribal Council Resolution 2003-06 (appendix K of the proposed TIP)
on January 13, 2003. The Tribal Burn Regulation is located in appendix
J of the proposed TIP. The regulation prohibits burning of solid waste,
food garbage, municipal solid waste, hazardous waste, household
hazardous waste, refuse, rubbish from salvage, land clearing, or
generated by residential or commercial activities as a means of on-site
disposal, field fires, and tires. Some types of burning (land clearing,
community burning, burning in specifically designated areas) may be
allowed by a permit issued by the Air Quality Program, if it is not
contrary to other Tribal laws. This may include burning, at appropriate
designated sites, of toxic, explosive, or dangerous materials for a
specific period. Permits for planned burning are required for the
purposes of weed abatement, prevention of fire hazard, and disease and
pest prevention.
    Permits are not required for fires for the cooking of food,
providing of warmth for human beings, recreational purposes, religious
or ceremonial purposes, orchard heaters for the purpose of frost
protection in farming or nursery operations, fire department and
criminal enforcement training, and emergency control fires.
    All burning permits are valid for the date specified on the permit.
Violators of open burning regulations are subject to financial
penalties, fines, and/or other forms of penalties which will be levied
by the Tribal Court. EPA is proposing approval of the proposed SRMT
TIP's open burning regulations.
6. Enforcement
    Through the Safety and Civil Obedience Plan (appendices L, M, and N
of the proposed TIP), the St. Regis Mohawk Tribal Police respond to
complaints, requests for assistance, reports of problems and/or any
other type of inquiry reasonably related to their official duties as
police officers. The St. Regis Mohawk Tribal Police and Conservation
Officers will assume enforcement activities for the purpose of air
regulations compliance. Individuals or owners of sources of air
contaminants will be advised of their activities and issued a summons
which will detail the exact provision of the TIP that was allegedly
violated and the date and time of violation. The Peacemakers Court-
Civil Disobedience Division (Court) shall be the arbiter of all summons
and complaints filed by tribal authorities under this proposed TIP. Air
contamination sources may be sealed if they have not complied within
the time period allotted by the Court. Sealing a source means labeling
or tagging a source in order to notify any person that operating the
source is prohibited and includes physical means of preventing the
source from operating. The physical means are non-destructive and
include, but are not limited to, bolting, chaining, and wiring shut
control panels. Sources that are sealed will not be operated until
modifications are made to sources so that they meet requirements.
Sources that are sealed will only be unsealed by persons authorized by
the Court. EPA finds the SRMT has adequately established an enforcement
mechanism to compliment its regulations, and EPA proposes to approve
it.
7. Review of State Permits
    The Air Quality Program will evaluate and comment on air permit
notices and draft permits for facilities located in contiguous areas
where the air emissions may affect the Reservation's air quality and/or
facilities located within 50 miles of the area covered by this proposed
TIP. This is consistent with EPA's September 19, 2000 determination
that the Tribe is eligible for TAS for the purpose of performing such
reviews in accordance with Section 505(a)(2) of the Act.
8. Regional Haze Planning
    Regional haze planning is incorporated into the proposed TIP in
section 20. The purpose of regional haze plans is to improve visibility
in mandatory Federal Class I areas (primarily national parks and
wilderness areas). In 1999, EPA issued regional haze regulations that
require states to work together to address this air quality concern.
The final regional haze rule provides for eventually reaching natural
background condition in Class I areas by 2064. Because emissions that
cause haze are emitted over wide areas and haze precursors are
transported by winds, a regional program to implement the EPA's final
rule helps to improve visibility not only in parks and wilderness
areas, but in many other areas of the ozone transport region as well.
    The regional haze rule also started a process for the EPA to
develop implementation plans for regional haze. Given the regional
nature of the problem, in addition to endorsing regional planning, the
rule endorsed the role of states and Indian tribes within regional
planning organizations. The Mid-Atlantic Northeast Visibility Union was
formed on July 24, 2001, and is the organization that encompasses the
SRMT reservation (appendix E of the proposed TIP).
    The SRMT Air Quality Program in conjunction with the Ozone
Transport Commission, Mid-Atlantic States for Regional Air Management,
the Northeast States for Coordinated Air Use Management, eleven states
and the Penobscot Indian Nation of Maine are committed to a long-term
strategy for implementing the final regional haze rule. EPA is
proposing approval into the

TIP of the SRMT's commitment and planning as it applies to regional
haze.

VI. What EPA action is being taken today?

    With the exceptions below, the EPA is proposing approval of the
proposed SRMT TIP, which contains programs to address: Ambient air
quality standards for SO2, PM, NO2, and
O3; Emissions Inventory; Permitting; Synthetic Minor
Facilities; Source Surveillance; Open Burning; Enforcement; Review of
State Permits; and Regional Haze Planning. The EPA is not taking action
on the SRMT TIP regarding fluoride and other metal standards because
the EPA has not promulgated ambient air quality standards for these
metals that can be enforced through a federally-approved SIP or TIP.
EPA is not taking action on the SRMT TIP lead standard because it is
not equivalent to the EPA air quality standard. The public docket
contains SRMT's proposed TIP, TAS Eligibility determination, and
enforcement MOA with EPA. Contact the For Further Information Contact
for additional information on the materials contained in the docket.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This proposed action merely proposes to approve laws of an eligible
Indian tribe as meeting Federal requirements and imposes no additional
requirements beyond those imposed by Tribal law. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because
this rule proposes to approve pre-existing requirements under Tribal
law and does not impose any additional enforceable duty beyond that
required by Tribal law, it 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).
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' EPA has concluded that this
proposed rule will have tribal implications in that it will have
substantial direct effects on the SRMT. However, it will neither impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law. EPA is proposing to approve the SRMT's TIP at the request
of the Tribe. Tribal law will not be preempted as the SRMT has already
incorporated the TIP into Tribal Law on October 3, 2002. The Tribe has
applied for, and fully supports, the proposed approval of the TIP. If
it is finally approved, the TIP will become federally enforceable.
    EPA worked and consulted with officials of the SRMT early in the
process of developing this proposed regulation to permit them to have
meaningful and timely input into its development. In order to
administer an approved TIP, tribes must be determined eligible (40 CFR
part 49) for TAS for the purpose of administering a TIP. During the TAS
eligibility process, the Tribe and EPA worked together to ensure that
the appropriate information was submitted to EPA. SRMT and EPA also
worked together throughout the process of development and Tribal
adoption of the TIP. The Tribe and EPA also entered into an enforcement
MOA.
    This action also does not have Federalism implications because it
does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255 (August
10, 1999)). This action merely proposes to approve a Tribal rule
implementing a TIP over areas within the exterior boundaries of the St.
Regis Mohawk Reservation, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885 (April 23, 1997)), because it is not economically
significant.
    The requirements of section 12(d) of the National Technology
Transfer and Advancement Act (NTTAA) of 1995 (15 U.S.C. 272) do not
apply to this proposed rule. In reviewing TIP submissions, the EPA's
role is to approve an eligible tribe's submission, provided that it
meets the criteria of the Clean Air Act. In this context, in the
absence of a prior existing requirement for the Tribe to use voluntary
consensus standards (VCS), the EPA has no authority to disapprove a TIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for the EPA, when it reviews a TIP submission, to use
VCS in place of a TIP submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the requirements of section
12(d) of the NTTAA do not apply. This proposed rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects in 40 CFR Part 49

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

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

    Dated: August 6, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7-15921 Filed 8-13-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Page 20783]
[FR Doc No: 2014-08368]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2014-0189]

Special Local Regulations; Recurring Marine Events in the Seventh
Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Conch Republic Navy Parade
and Battle Special Local Regulation in the Gulf of Mexico, from 7:00
p.m. until 8:00 p.m. on April 25, 2014. This action is necessary to
ensure the safety of event participants, participant vessels,
spectators, and the general public from the hazards associated with
this event. During the enforcement period, no person or vessel may
enter the regulated area without permission from the Captain of the
Port.

DATES: The regulations in 33 CFR 100.701 Table 1 will be enforced from
7:00 p.m. until 8:00 p.m. on April 25, 2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Marine Science Technician First Class Ian G. Bowes,
Sector Key West Prevention Department, U.S. Coast Guard; telephone 305-
292-8823, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Conch
Republic Navy Parade and Battle Special Local Regulation in the Gulf of
Mexico in 33 CFR 100.701 on April 25, 2014. These regulations can be
found in the 2013 issue of the Federal Register 33 CFR 100.701.
    On April 25, 2014, Conch Republic Navy LLC. is hosting the Conch
Republic Navy Parade and Battle, a boat parade and simulated naval
battle event that will take place approximately 150 yards offshore from
Ocean Key Sunset Pier, Mallory Square and the Hilton Pier within the
Key West Harbor. The event will be held on the waters of the Gulf of
Mexico in Key West. Approximately 10 vessels will participate in the
event.
    The special local regulations encompass certain waters of the Gulf
of Mexico located offshore from the island of Key West. The special
local regulations will be enforced from 7:00 p.m. until 8:00 p.m. on
April 25, 2014. The special local regulations area will consist of the
following area: An event area, where all persons and vessels, except
those persons and vessels participating in the swim event, are
prohibited from entering, transiting, anchoring, or remaining. The race
area is defined as all waters of the Gulf of Mexico encompassed within
the following points: Starting at Point 1 in position 24[deg]33'41'' N,
81[deg]48'25'' W; thence to Point 2 in position 24[deg]33'43'' N,
81[deg]48'34'' W; thence to Point 3 in position 24[deg]33'32'' N,
81[deg]48'38'' W; thence to Point 4 in position 24[deg]33'30'' N,
81[deg]48'30'' W. Persons and vessels may request authorization to
enter, transit through, anchor in, or remain within the race area by
contacting the Captain of the Port Key West by telephone at 305-292-
8727, or a designated representative via VHF radio on channel 16. If
authorization to enter, transit through, anchor in, or remain within
the race area is granted by the Captain of the Port Key West, or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Key West or the designated representative. The Coast Guard will
provide notice of the regulated area by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
The Coast Guard may be assisted by other Federal, State, or local law
enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 100.701 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via a Broadcast Notice to
Mariners.

    Dated: March 31, 2014.
A.S. Young, Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-08368 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Pages 31480-31481]
[FR Doc No: 2019-14068]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0323]
RIN 1625-AA00

Safety Zone; Columbia River, Fireworks Kennewick, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Columbia River near Kennewick, WA. This action is
necessary to provide for the safety of life on these navigable waters
during a fireworks display on July 4, 2019. This regulation will
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Columbia River or a designated
representative.

DATES: This rule is effective from 9 p.m. to 11:30 p.m. on July 4,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0323 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Dixon Whitley, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Western Display notified the Coast Guard that it will be conducting
a fireworks display from 10 p.m. to 10:30 p.m. on July 4, 2019, to
commemorate Independence Day. The fireworks will launch from a site
over the Columbia River in Kennewick, WA. In response, on May 24, 2019,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Columbia River, Fireworks Kennewick, WA (84 FR 24059).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this fireworks display. During
the comment period that ended June 10, 2019, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the Coast Guard needs to have
a safety zone regulation in place by July 4, 2019, to respond to the
potential safety hazards associated with the fireworks display on that
date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). Captain of the Port Columbia River
(COTP) has determined that potential hazards associated with the
fireworks to be used in this July 4, 2019 display will be a safety
concern for anyone within a 450-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May
24, 2019. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a safety zone from 9 p.m. to 11:30 p.m. on
July 4, 2019. The safety zone would cover all navigable waters of the
Columbia River within 450-yards of the discharge site located at
46[deg]13'22'' N, 119[deg] 9'17'' W, in vicinity of Kennewick, WA. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 10 p.m.
to 10:30 p.m. fireworks display. No vessel or person would be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Columbia River for approximately
2.5 hours during the evening when vessel traffic is normally low.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration

on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting less than two and
a half hours that would prohibit entry within 450 yards of the
fireworks discharge site.
    It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T13-0323 to read as follows:

Sec.  165.T13-0323  Safety Zone; Columbia River, Fireworks Kennewick,
WA.

    (a) Safety zone. The following area is designated a safety zone:
Waters of the Columbia River, within a 450-yard radius of the fireworks
discharge site located at 46[deg]13'22'' N, 119[deg]9'17'' W in
vicinity of Kennewick, WA.
    (b) Regulations. Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Columbia River or his designated representative. Also in
accordance with Sec.  165.23, no person may bring into, or allow to
remain in this safety zone any vehicle, vessel, or object unless
authorized by the Captain of the Port Columbia River or his designated
representative.
    (c) Enforcement period. This section will be enforced from 9 p.m.
to 11:30 p.m. on July 4, 2019.

    Dated: June 26, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2019-14068 Filed 7-1-19; 8:45 am]
BILLING CODE 9110-04-P