(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an "agent");
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative:  "I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(c)(5)(iv) shall be deemed to be an electronic submission by me."; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: "Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(c)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.720(c)(5) is terminated.".
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate.  The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account.  Such request shall include a correctly submitted TR SO2 Group 2 allowance transfer under §97.722 for any TR SO2 Group 2 allowances in the account to one or more other Allowance Management System accounts.
(ii) If a general account has no TR SO2 Group 2 allowance transfers to or from the account for a 12-month period or longer and does not contain any TR SO2 Group 2 allowances, the Administrator may notify the authorized account representative for the account that the account will be closed after 30 days after the notice is sent.  The account will be closed after the 30-day period unless, before the end of the 30-day period, the Administrator receives a correctly submitted TR SO2 Group 2 allowance transfer under §97.722 to the account or a statement submitted by the authorized account representative or alternate authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed.
(d) Account identification.  The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative.  After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of TR SO2 Group 2 allowances in the account, only if the submission has been made, signed, and certified in accordance with §§97.714(a) and 97.718 or paragraphs (c)(2)(ii) and (c)(5) of this section.
§ 97.721  Recordation of TR SO2 Group 2 allowance allocations and auction results.
(a) By [INSERT DATE 90 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER], the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source in accordance with §97.711(a) for the control period in 2012.
(b) By [INSERT DATE 90 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER], the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source in accordance with §97.711(a) for the control period in 2013, unless the State in which the source is located notifies the Administrator in writing by [INSERT DATE 70 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER] of the State's intent to submit to the Administrator a complete SIP revision by April 1, 2012 meeting the requirements of §52.39(g)(1) through (4) of this chapter.
(1) If, by April 1, 2012, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2012 in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source in accordance with §97.711(a) for the control period in 2013.
(2) If the State submits to the Administrator by April 1, 2012, and the Administrator approves by October 1, 2012, such complete SIP revision, the Administrator will record by October 1, 2012 in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source as provided in such approved, complete SIP revision for the control period in 2013.
(3) If the State submits to the Administrator by April 1, 2012, and the Administrator does not approve by October 1, 2012, such complete SIP revision, the Administrator will record by October 1, 2012 in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source in accordance with §97.711(a) for the control period in 2013.
(c) By July 1, 2013, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source, or in each appropriate Allowance Management System account the TR SO2 Group 2 allowances auctioned to TR SO2 Group 2 units, in accordance with §97.711(a), or with a SIP revision approved under §52.39(h) or (i) of this chapter, for the control period in 2014 and 2015.
(d) By July 1, 2014, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source, or in each appropriate Allowance Management System account the TR SO2 Group 2 allowances auctioned to TR SO2 Group 2 units, in accordance with §97.711(a), or with a SIP revision approved under §52.39(h) or (i) of this chapter, for the control period in 2016 and 2017.
(e) By July 1, 2015, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source, or in each appropriate Allowance Management System account the TR SO2 Group 2 allowances auctioned to TR SO2 Group 2 units, in accordance with §97.711(a), or with a SIP revision approved under §52.39(h) or (i) of this chapter, for the control period in 2018 and 2019.
(f) By July 1, 2016 and July 1 of each year thereafter, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source, or in each appropriate Allowance Management System account the TR SO2 Group 2 allowances auctioned to TR SO2 Group 2 units, in accordance with §97.711(a), or with a SIP revision approved under §52.39(h) and (i) of this chapter, for the control period in the fourth year after the year of the applicable recordation deadline under this paragraph.
(g) By August 1, 2012 and August 1 of each year thereafter, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated for the TR SO2 Group 2 units at the source, or in each appropriate Allowance Management System account the TR SO2 Group 2 allowances auctioned to TR SO2 Group 2 units, in accordance with §97.712(a)(2) through (8) and (12), or with a SIP revision approved under §52.39(h) and (i) of this chapter, for the control period in the year of the applicable recordation deadline under this paragraph.
(h) By August 1, 2012 and August 1 of each year thereafter, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source in accordance with §97.712(b)(2) through (8) and (12) for the control period in the year of the applicable recordation deadline under this paragraph.
(i) By February 15, 2013 and February 15 of each year thereafter, the Administrator will record in each TR SO2 Group 2 source's compliance account the TR SO2 Group 2 allowances allocated to the TR SO2 Group 2 units at the source in accordance with §97.712(a)(9) through (12), for the control period in the year before the year of the applicable recordation deadline under this paragraph.
(j) By the date on which any allocation or auction results, other than an allocation or auction results, described in paragraphs (a) through (i) of this section, of TR SO2 Group 2 allowances to a recipient is made by or are submitted to the Administrator in accordance with §97.711 or §97.712 or with a SIP revision approved under §52.39(h) or (i) of this chapter, the Administrator will record such allocation or auction results in the appropriate Allowance Management System account.

(k) When recording the allocation or auction of TR SO2 Group 2 allowances to a TR SO2 Group 2 unit or other entity in an Allowance Management System account, the Administrator will assign each TR SO2 Group 2 allowance a unique identification number that will include digits identifying the year of the control period for which the TR SO2 Group 2 allowance is allocated or auctioned.
§ 97.722  Submission of TR SO2 Group 2 allowance transfers.
(a) An authorized account representative seeking recordation of a TR SO2 Group 2 allowance transfer shall submit the transfer to the Administrator.
(b) A TR SO2 Group 2 allowance transfer shall be correctly submitted if:
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each TR SO2 Group 2 allowance that is in the transferor account and is to be transferred; and
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each TR SO2 Group 2 allowance identified by serial number in the transfer.
§ 97.723  Recordation of TR SO2 Group 2 allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a TR SO2 Group 2 allowance transfer that is correctly submitted under §97.722, the Administrator will record a TR SO2 Group 2 allowance transfer by moving each TR SO2 Group 2 allowance from the transferor account to the transferee account as specified in the transfer.
(b) A TR SO2 Group 2 allowance transfer to or from a compliance account that is submitted for recordation after the allowance transfer deadline for a control period and that includes any TR SO2 Group 2 allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions from such compliance account under §97.724 for the control period immediately before such allowance transfer deadline.

(c) Where a TR SO2 Group 2 allowance transfer is not correctly submitted under §97.722, the Administrator will not record such transfer.
(d) Within 5 business days of recordation of a TR SO2 Group 2 allowance transfer under paragraphs (a) and (b) of the section, the Administrator will notify the authorized account representatives of both the transferor and transferee accounts.
(e) Within 10 business days of receipt of a TR SO2 Group 2 allowance transfer that is not correctly submitted under §97.722, the Administrator will notify the authorized account representatives of both accounts subject to the transfer of:
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.724  Compliance with TR SO2 Group 2 emissions limitation.
(a) Availability for deduction for compliance.  TR SO2 Group 2 allowances are available to be deducted for compliance with a source's TR SO2 Group 2 emissions limitation for a control period in a given year only if the TR SO2 Group 2 allowances:
(1) Were allocated for such control period or a control period in a prior year; and
(2) Are held in the source's compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance.  After the recordation, in accordance with §97.723, of TR SO2 Group 2 allowance transfers submitted by the allowance transfer deadline for a control period in a given year, the Administrator will deduct from each source's compliance account TR SO2 Group 2 allowances available under paragraph (a) of this section in order to determine whether the source meets the TR SO2 Group 2 emissions limitation for such control period, as follows:
(1) Until the amount of TR SO2 Group 2 allowances deducted equals the number of tons of total SO2 emissions from all TR SO2 Group 2 units at the source for such control period; or
(2) If there are insufficient TR SO2 Group 2 allowances to complete the deductions in paragraph (b)(1) of this section, until no more TR SO2 Group 2 allowances available under paragraph (a) of this section remain in the compliance account.
(c)(1) Identification of TR SO2 Group 2 allowances by serial number.  The authorized account representative for a source's compliance account may request that specific TR SO2 Group 2 allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in a given year in accordance with paragraph (b) or (d) of this section.  In order to be complete, such request shall be submitted to the Administrator by the allowance transfer deadline for such control period and include, in a format prescribed by the Administrator, the identification of the TR SO2 Group 2 source and the appropriate serial numbers.
(2) First-in, first-out.  The Administrator will deduct TR SO2 Group 2 allowances under paragraph (b) or (d) of this section from the source's compliance account in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR SO2 Group 2 allowances in such request, on a first-in, first-out accounting basis in the following order:
(i) Any TR SO2 Group 2 allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then
(ii) Any TR SO2 Group 2 allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.
(d) Deductions for excess emissions.  After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the TR SO2 Group 2 source has excess emissions, the Administrator will deduct from the source's compliance account an amount of TR SO2 Group 2 allowances, allocated for a control period in a prior year or the control period in the year of the excess emissions or in the immediately following year, equal to two times the number of tons of the source's excess emissions.
(e) Recordation of deductions.  The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.725  Compliance with TR SO2 Group 2 assurance provisions.
(a) Availability for deduction.  TR SO2 Group 2 allowances are available to be deducted for compliance with the TR SO2 Group 2 assurance provisions for a control period in a given year by the owners and operators of a group of one or more TR SO2 Group 2 sources and units in a State (and Indian country within the borders of such State) only if the TR SO2 Group 2 allowances:
(1) Were allocated for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of TR SO2 Group 2 sources and units in such State (and Indian country within the borders of such State) under paragraph (b)(3) of this section, as of the deadline established in paragraph (b)(4) of this section.
(b) Deductions for compliance.  The Administrator will deduct TR SO2 Group 2 allowances available under paragraph (a) of this section for compliance with the TR SO2 Group 2 assurance provisions for a State for a control period in a given year in accordance with the following procedures:
(1) By June 1, 2013 and June 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total SO2 emissions from all TR SO2 Group 2 units at TR SO2 Group 2 sources in the State (and Indian country within the borders of such State) during the control period in the year before the year of this calculation deadline and the amount, if any, by which such total SO2 emissions exceed the State assurance level as described in §97.706(c)(2)(iii); and
(ii) Promulgate a notice of data availability of the results of the calculations required in paragraph (b)(1)(i) of this section, including separate calculations of the SO2 emissions from each TR SO2 Group 2 source.
(2) For each notice of data availability required in paragraph (b)(1)(ii) of this section and for any State (and Indian country within the borders of such State) identified in such notice as having TR SO2 Group 2 units with total SO2 emissions exceeding the State assurance level for a control period in a given year, as described in §97.706(c)(2)(iii):
(i) By July 1 immediately after the promulgation of such notice, the designated representative of each TR SO2 Group 2 source in each such State (and Indian country within the borders of such State) shall submit a statement, in a format prescribed by the Administrator, providing for each TR SO2 Group 2 unit (if any) at the source that operates during, but is not allocated an amount of TR SO2 Group 2 allowances for, such control period, the unit's allowable SO2 emission rate for such control period and, if such rate is expressed in lb per mmBtu, the unit's heat rate.
(ii) By August 1 immediately after the promulgation of such notice, the Administrator will calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more TR SO2 Group 2 sources and units in the State (and Indian country within the borders of such State), the common designated representative's share of the total SO2 emissions from all TR SO2 Group 2 units at TR SO2 Group 2 sources in the State (and Indian country within the borders of such State), the common designated representative's assurance level, and the amount (if any) of TR SO2 Group 2 allowances that the owners and operators of such group of sources and units must hold in accordance with the calculation formula in §97.706(c)(2)(i) and will promulgate a notice of data availability of the results of these calculations.
(iii) The Administrator will provide an opportunity for submission of objections to the calculations referenced by the notice of data availability required in paragraph (b)(2)(ii) of this section and the calculations referenced by the relevant notice of data availability required in paragraph (b)(1)(i) of this section.
(A) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in the relevant notice required under paragraph (b)(1)(ii) of this section and referenced in the notice required under paragraph (b)(2)(ii) of this section are in accordance with §97.706(c)(2)(iii), §§97.706(b) and 97.730 through 97.735, the definitions of "common designated representative", "common designated representative's assurance level", and "common designated representative's share" in §97.702, and the calculation formula in §97.706(c)(2)(i).
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(iii)(A) of this section.  By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(iii)(A) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(iii)(B) of this section as having TR SO2 Group 2 units with total SO2 emissions exceeding the State assurance level for a control period in a given year, the Administrator will establish one assurance account for each set of owners and operators referenced, in the notice of data availability required under paragraph (b)(2)(iii)(B) of this section, as all of the owners and operators of a group of TR SO2 Group 2 sources and units in the State (and Indian country within the borders of such State) having a common designated representative for such control period and as being required to hold TR SO2 Group 2 allowances.
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(iii)(B) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for the them and for the appropriate TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) under paragraph (b)(3) of this section a total amount of TR SO2 Group 2 allowances, available for deduction under paragraph (a) of this section, equal to the amount such owners and operators are required to hold with regard to such sources, units and State (and Indian country within the borders of such State) as calculated by the Administrator and referenced in such notice.
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(iii)(B) of this section and after the recordation, in accordance with §97.723, of TR SO2 Group 2 allowance transfers submitted by midnight of such date, the Administrator will determine whether the owners and operators described in paragraph (b)(3) of this section hold, in the assurance account for the appropriate TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) established under paragraph (b)(3) of this section, the amount of TR SO2 Group 2 allowances available under paragraph (a) of this section that the owners and operators are required to hold with regard to such sources, units, and State (and Indian country within the borders of such State) as calculated by the Administrator and referenced in the notice required in paragraph (b)(2)(iii)(B) of this section.
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(iii)(B) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of TR SO2 Group 2 allowances that the owners and operators are required to hold in accordance with §97.706(c)(2)(i) for such control period shall continue to be such amounts as calculated by the Administrator and referenced in such notice required in paragraph (b)(2)(iii)(B) of this section, except as follows:
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of TR SO2 Group 2 allowances that owners and operators are required to hold in accordance with the calculation formula in §97.706(c)(2)(i) for such control period with regard to the TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) involved, provided that such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(2)(iii)(B) of this section.
(ii) If any such data are revised by the owners and operators of a TR SO2 Group 2 source and TR SO2 Group 2 unit whose designated representative submitted such data under paragraph (b)(2)(i) of this section, as a result of a decision in or settlement of litigation concerning such submission, then the Administrator will use the data as so revised to recalculate the amounts of TR SO2 Group 2 allowances that owners and operators are required to hold in accordance with the calculation formula in §97.706(c)(2)(i) for such control period with regard to the TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) involved, provided that such litigation was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(2)(iii)(B) of this section.
(iii) If the revised data are used to recalculate, in accordance with paragraphs (b)(6)(i) and (ii) of this section, the amount of TR SO2 Group 2 allowances that the owners and operators are required to hold for such control period with regard to the TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) involved --
(A) Where the amount of TR SO2 Group 2 allowances that the owners and operators are required to hold increases as a result of the use of all such revised data, the Administrator will establish a new, reasonable deadline on which the owners and operators shall hold the additional amount of TR SO2 Group 2 allowances in the assurance account established by the Administrator for the appropriate TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) under paragraph (b)(3) of this section.  The owners' and operators' failure to hold such additional amount, as required, before the new deadline shall not be a violation of the Clean Air Act.  The owners' and operators' failure to hold such additional amount, as required, as of the new deadline shall be a violation of the Clean Air Act.  Each TR SO2 Group 2 allowance that the owners and operators fail to hold as required as of the new deadline, and each day in such control period, shall be a separate violation of the Clean Air Act.
(B) For the owners and operators for which the amount of TR SO2 Group 2 allowances required to be held decreases as a result of the use of all such revised data, the Administrator will record, in all accounts from which TR SO2 Group 2 allowances were transferred by such owners and operators for such control period to the assurance account established by the Administrator for the appropriate at TR SO2 Group 2 sources, TR SO2 Group 2 units, and State (and Indian country within the borders of such State) under paragraph (b)(3) of this section, a total amount of the TR SO2 Group 2 allowances held in such assurance account equal to the amount of the decrease.  If TR SO2 Group 2 allowances were transferred to such assurance account from more than one account, the amount of TR SO2 Group 2 allowances recorded in each such transferor account will be in proportion to the percentage of the total amount of TR SO2 Group 2 allowances transferred to such assurance account for such control period from such transferor account.
(C) Each TR SO2 Group 2 allowance held under paragraph (b)(6)(iii)(A) of this section as a result of recalculation of requirements under the TR SO2 Group 2 assurance provisions for such control period must be a TR SO2 Group 2 allowance allocated for a control period in a year before or the year immediately following, or in the same year as, the year of such control period.
§ 97.726  Banking.
(a) A TR SO2 Group 2 allowance may be banked for future use or transfer in a compliance account or a general account in accordance with paragraph (b) of this section.
(b) Any TR SO2 Group 2 allowance that is held in a compliance account or a general account will remain in such account unless and until the TR SO2 Group 2 allowance is deducted or transferred under §97.711(c), §97.723, §97.724, §97.725,  97.727, or 97.728.
§ 97.727  Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account.  Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.728  Administrator's action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the TR SO2 Group 2 Trading Program and make appropriate adjustments of the information in the submission.
(b) The Administrator may deduct TR SO2 Group 2 allowances from or transfer TR SO2 Group 2 allowances to a compliance account or an assurance account, based on the information in a submission, as adjusted under paragraph (a)(1) of this section, and record such deductions and transfers.
§ 97.729  [RESERVED]
§ 97.730  General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a TR SO2 Group 2 unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and subparts F and G of part 75 of this chapter. For purposes of applying such requirements, the definitions in §97.702 and in §72.2 of this chapter shall apply, the terms "affected unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") in part 75 of this chapter shall be deemed to refer to the terms "TR SO2 Group 2 unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") respectively as defined in §97.702, and the term "newly affected unit" shall be deemed to mean "newly affected TR SO2 Group 2 unit".  The owner or operator of a unit that is not a TR SO2 Group 2 unit but that is monitored under §75.16(b)(2) of this chapter shall comply with the same monitoring, recordkeeping, and reporting requirements as a TR SO2 Group 2 unit.
(a) Requirements for installation, certification, and data accounting.  The owner or operator of each TR SO2 Group 2 unit shall:

(1) Install all monitoring systems required under this subpart for monitoring SO2 mass emissions and individual unit heat input (including all systems required to monitor SO2 concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration, and fuel flow rate, as applicable, in accordance with §§75.11 and 75.16 of this chapter);

(2) Successfully complete all certification tests required under §97.731 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and

(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.

(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator shall meet the monitoring system certification and other requirements of paragraphs (a)(1) and (2) of this section on or before the following dates.  The owner or operator shall record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section on and after the following dates.

(1) For the owner or operator of a TR SO2 Group 2 unit that commences commercial operation before July 1, 2011, by January 1, 2012.

(2) For the owner or operator of a TR SO2 Group 2 unit that commences commercial operation on or after July 1, 2011, by the later of the following dates:

(i) January 1, 2012; or

(ii) 180 calendar days after the date on which the unit commences commercial operation.

(3) The owner or operator of a TR SO2 Group 2 unit for which construction of a new stack or flue or installation of add-on SO2  emission controls is completed after the applicable deadline under paragraph (b)(1) or (2) of this section shall meet the requirements of §§75.4(e)(1) through (e)(4) of this chapter, except that:
(i) Such requirements shall apply to the monitoring systems required under §97.730 through §97.735, rather than the monitoring systems required under part 75 of this chapter;
(ii) SO2 concentration, stack gas moisture content, stack gas volumetric flow rate, and O2 or CO2 concentration data shall be determined and reported, rather than the data listed in §75.4(e)(2) of this chapter; and
(iii) Any petition for another procedure under §75.4(e)(2) of this chapter shall be submitted under §97.735, rather than §75.66.
(c) Reporting data.  The owner or operator of a TR SO2 Group 2 unit that does not meet the applicable compliance date set forth in paragraph (b) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for SO2 concentration, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine SO2 mass emissions and heat input in accordance with § 75.31(b)(2) or (c)(3) of this chapter or section 2.4 of appendix D to part 75 of this chapter, as applicable.

(d) Prohibitions. (1) No owner or operator of a TR SO2 Group 2 unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with §97.735.

(2) No owner or operator of a TR SO2 Group 2 unit shall operate the unit so as to discharge, or allow to be discharged, SO2 emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subpart and part 75 of this chapter.

(3) No owner or operator of a TR SO2 Group 2 unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording SO2 mass emissions discharged into the atmosphere or heat input, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this subpart and part 75 of this chapter.

(4) No owner or operator of a TR SO2 Group 2 unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this subpart, except under any one of the following circumstances:

(i) During the period that the unit is covered by an exemption under §97.705 that is in effect;

(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with §97.731(d)(3)(i).
(e) Long-term cold storage.  The owner or operator of a TR SO2 Group 2 unit is subject to the applicable provisions of §75.4(d) of this chapter concerning units in long-term cold storage.
§ 97.731  Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a TR SO2 Group 2 unit shall be exempt from the initial certification requirements of this section for a monitoring system under § 97.730(a)(1) if the following conditions are met:

(1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and

(2) The applicable quality-assurance and quality-control requirements of § 75.21 of this chapter and appendices B and D to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.

(b) The recertification provisions of this section shall apply to a monitoring system under § 97.730(a)(1) exempt from initial certification requirements under paragraph (a) of this section.

(c) [Reserved]

(d) Except as provided in paragraph (a) of this section, the owner or operator of a TR SO2 Group 2 unit shall comply with the following initial certification and recertification procedures, for a continuous monitoring system (i.e., a continuous emission monitoring system and an excepted monitoring system under appendix D to part 75 of this chapter) under §97.730(a)(1).  The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under §75.19 of this chapter or that qualifies to use an alternative monitoring system under subpart E of part 75 of this chapter shall comply with the procedures in paragraph (e) or (f) of this section respectively.

(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under §97.730(a)(1) (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under §75.20 of this chapter by the applicable deadline in §97.730(b).  In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with §75.20 of this chapter is required.

(2) Requirements for recertification.  Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under §97.730(a)(1) that may significantly affect the ability of the system to accurately measure or record SO2 mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of §75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with §75.20(b) of this chapter. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with §75.20(b) of this chapter.  Examples of changes to a continuous emission monitoring system that require recertification include: replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.  Any fuel flowmeter system under §97.730(a)(1) is subject to the recertification requirements in §75.20(g)(6) of this chapter.

(3) Approval process for initial certification and recertification.  For initial certification of a continuous monitoring system under §97.730(a)(1), paragraphs (d)(3)(i) through (v) of this section apply.  For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section  and the procedures in §§75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words "certification" and "initial certification" are replaced by the word "recertification" and the word "certified" is replaced by with the word "recertified".
(i) Notification of certification.  The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with §97.733.

(ii) Certification application.  The designated representative shall submit to the Administrator a certification application for each monitoring system.  A complete certification application shall include the information specified in §75.63 of this chapter.

(iii) Provisional certification date.  The provisional certification date for a monitoring system shall be determined in accordance with §75.20(a)(3) of this chapter.  A provisionally certified monitoring system may be used under the TR SO2 Group 2 Trading Program for a period not to exceed 120 days after receipt by the Administrator of the complete certification application for the monitoring system under paragraph (d)(3)(ii) of this section.  Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Administrator does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the Administrator.

(iv) Certification application approval process.  The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section.  In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the TR SO2 Group 2 Trading Program.

(A) Approval notice.  If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.

(B) Incomplete application notice.  If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application.  If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.  The 120-day review period specified in paragraph (d)(3) of this section shall not begin before receipt of a complete certification application.

(C) Disapproval notice.  If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application.  Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under §75.20(a)(3) of this chapter).

(D) Audit decertification.  The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with §97.732(b).

(v) Procedures for loss of certification.  If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:

(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under §75.20(a)(4)(iii), §75.20(g)(7), or §75.21(e) of this chapter and continuing until the applicable date and hour specified under §75.20(a)(5)(i) or (g)(7) of this chapter:

(1) For a disapproved SO2 pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of SO2 and the maximum potential flow rate, as defined in sections <IP_ADDRESS> and <IP_ADDRESS> of appendix A to part 75 of this chapter.

(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO2 concentration or the minimum potential O2 concentration (as applicable), as defined in sections 2.1.5, <IP_ADDRESS>, and <IP_ADDRESS> of appendix A to part 75 of this chapter.

(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section <IP_ADDRESS> of appendix D to part 75 of this chapter.

(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.

(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under §75.19 of this chapter shall meet the applicable certification and recertification requirements in §§75.19(a)(2) and 75.20(h) of this chapter.  If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in §75.20(g) of this chapter.

(f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of §75.20(f) of this chapter.
§ 97.732  Monitoring system out-of-control periods.
(a) General provisions.  Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or appendix D to part 75 of this chapter.

(b) Audit decertification.  Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under §97.731 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority.  By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system.  The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system.  The owner or operator shall follow the applicable initial certification or recertification procedures in §97.731 for each disapproved monitoring system.
§ 97.733  Notifications concerning monitoring.
The designated representative of a TR SO2 Group 2 unit shall submit written notice to the Administrator in accordance with §75.61 of this chapter.
§ 97.734  Recordkeeping and reporting.
(a) General provisions.  The designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements in subparts F and G of part 75 of this chapter, and the requirements of §97.714(a).

(b) Monitoring plans.  The owner or operator of a TR SO2 Group 2 unit shall comply with requirements of §75.62 of this chapter.

(c) Certification applications.  The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under §97.731, including the information required under §75.63 of this chapter.

(d) Quarterly reports.  The designated representative shall submit quarterly reports, as follows:

(1) The designated representative shall report the SO2 mass emissions data and heat input data for the TR SO2 Group 2 unit, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(i) For a unit that commences commercial operation before July 1, 2011, the calendar quarter covering January 1, 2012 through March 31, 2012;

(ii) For a unit that commences commercial operation on or after July 1, 2011, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under §97.730(b), unless that quarter is the third or fourth quarter of 2011, in which case reporting shall commence in the quarter covering January 1, 2012 through March 31, 2012.
(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in §75.64 of this chapter.

(3) For TR SO2 Group 2 units that are also subject to the Acid Rain Program, TR NOX Annual Trading Program, or TR NOX Ozone Season Trading Program, quarterly reports shall include the applicable data and information required by subparts F through H of part 75 of this chapter as applicable, in addition to the SO2 mass emission data, heat input data, and other information required by this subpart.

(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond.  Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period.  Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.
(e) Compliance certification.  The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored.  The certification shall state that:

(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and

(2) For a unit with add-on SO2 emission controls and for all hours where SO2 data are substituted in accordance with §75.34(a)(1) of this chapter, the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate SO2 emissions.
§ 97.735  Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a TR SO2 Group 2 unit may submit a petition under §75.66 of this chapter to the Administrator, requesting approval to apply an alternative to any requirement of §§97.730 through 97.734.
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(i) Identification of each unit and source covered by the petition;
(ii) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(iii) A description and diagram of any equipment and procedures used in the proposed alternative;
(iv) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(v) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.


[Federal Register: September 9, 2009 (Volume 74, Number 173)]
[Rules and Regulations]
[Page 46339-46342]
[DOCID:fr09se09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD;
Amendment 39-16010; AD 2009-18-14]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH Dornier Model
328-100 and -300 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

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

    * * * A number of * * * rudder spring tab lever assemblies [of
the rudder] were found cracked.
    This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. * * *
* * * * *
    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective October 14, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 14,
2009.
    On June 9, 2004 (69 FR 24953, May 5, 2004), the Director of the
Federal Register approved the incorporation by reference of certain
other publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 9, 2009 (74 FR
27257), and proposed to supersede AD 2004-09-16, Amendment 39-13605 (69
FR 24953, May 5, 2004). (A correction of that AD was published in the
Federal Register on May 12, 2004 (69 FR 26434)). That NPRM proposed to
correct an unsafe condition for the specified products. The MCAI
states:

    On 14 March 2002, an incident occurred with a Dornier 328-100
where the captain reported that the rudder was unresponsive. The
aircraft landed without any further difficulties. A visual
inspection of the rudder assembly was carried out and the spring tab
assembly was found to be cracked and partially missing. During
subsequent inspections of other aircraft, a number of additional
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. To address and correct this unsafe condition, LBA
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which
correspond to FAA AD 2004-09-16] for the Dornier 328-100 and 328-300
respectively, to require the initial and repetitive inspection of
the rudder spring tab lever assembly and, in case cracks were found,
the replacement of the rudder spring tab lever assembly with a
serviceable unit.
    The current TC (type certificate) holder of this type design,
328 Support Services GmbH, has recently published Alert Service
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection
interval to A-check [400 FH] (400 flight hours). In addition,
Service Bulletin SB-328-27-459 was revised to change the compliance
status from `optional' to `mandatory' and instructs operators to
replace the rudder spring tab lever assembly with an improved unit
P/N (part number) 001A272A4020-004, ending the need for the
repetitive inspections.
    For the reasons described above, this EASA AD retains the
repetitive inspection requirements of LBA AD 2003-383, which is
superseded, expands the applicability to all serial numbers, reduces
the inspection interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever assembly with an improved
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

    The material used for the rudder spring tab lever assemblies on
Model 328-100 airplanes differs from the material used for the rudder
spring tab lever assemblies on Model 328-300 airplanes. Therefore,
Model 328-300 airplanes are not affected by the new requirements in
this AD. You may obtain further information by examining the MCAI in
the AD docket.

Comments

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

Explanation of Change to Final Rule

    This AD does not require reporting crack findings to the
manufacturer. Therefore, we have removed paragraph (m)(3) of the
proposed AD because the reporting requirements information in that
paragraph is not necessary.

Conclusion

    We reviewed the available data, and determined that air safety and
the public interest require adopting the AD with the change described
previously. We determined that this change will not increase the
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this AD affects
about 112 products of U.S. registry.
    The actions that are required by AD 2004-09-16 and retained in this
AD affect 112 products of U.S. registry and take 1 work-hour per
product, at an average labor rate of $80 per work-hour. Based on these
figures, the estimated cost of the currently required actions is
$8,960, or $80 per product, per inspection cycle.
    We estimate that it will take 3 work-hours per product to comply
with the new basic requirements of this AD and it will affect 16
products of U.S. registry. The average labor rate is $80 per work-hour.
Required parts will cost about $12,861 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these costs. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of the AD on U.S. operators to be $209,616, or
$13,101 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

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 removing Amendment 39-13605 (69 FR
24953, May 5, 2004), and adding the following new AD:

2009-18-14 328 Support Services GmbH (Formerly, AvCraft Aerospace
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt
GmbH): Amendment 39-16010. Docket No. FAA-2009-0522; Directorate
Identifier 2008-NM-127-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
14, 2009.

Affected ADs

    (b) This AD supersedes AD 2004-09-16, Amendment 39-13605.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model
328-100 airplanes on which a rudder spring tab lever assembly having
part number 001A272A4020-002 is installed, and all Model 328-300
airplanes.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    On 14 March 2002, an incident occurred with a Dornier 328-100
where the captain reported that the rudder was unresponsive. The
aircraft landed without any further difficulties. A visual
inspection of the rudder assembly was carried out and the spring tab
assembly was found to be cracked and partially missing. During
subsequent inspections of other aircraft, a number of additional
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. To address and correct this unsafe condition, LBA
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which
correspond to FAA

AD 2004-09-16] for the Dornier 328-100 and 328-300 respectively, to
require the initial and repetitive inspection of the rudder spring
tab lever assembly and, in case cracks were found, the replacement
of the rudder spring tab lever assembly with a serviceable unit.
    The current TC (type certificate) holder of this type design,
328 Support Services GmbH, has recently published Alert Service
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection
interval to A-check [400 FH] (400 flight hours). In addition,
Service Bulletin SB-328-27-459 was revised to change the compliance
status from `optional' to `mandatory' and instructs operators to
replace the rudder spring tab lever assembly with an improved unit
P/N (part number) 001A272A4020-004, ending the need for the
repetitive inspections.
    For the reasons described above, this EASA AD retains the
repetitive inspection requirements of LBA AD 2003-383, which is
superseded, expands the applicability to all serial numbers, reduces
the inspection interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever assembly with an improved
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

Compliance

    (f) Required as indicated, unless accomplished previously.

Restatement of Requirements of AD 2004-09-16, Including Repetitive
Inspections With Reduced Intervals for Model 328-100 Airplanes

    (g) For all airplanes: Within 400 flight hours or 2 months after
June 9, 2004 (the effective date of AD 2004-09-16), whichever is
first; do detailed and eddy current inspections for cracking of the
bearing lugs of the rudder spring tab lever assembly by doing all
the actions per Paragraphs 2.A., 2.B., and 2.D. of the
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328-27-036 (for Model 328-100 airplanes), dated February 12, 2003,
or Revision 3, dated February 8, 2008; or Dornier Alert Service
Bulletin ASB-328J-27-013 (for Model 328-300 airplanes), dated
February 12, 2003; as applicable.

    Note 1:  For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''

    (1) For Model 328-100 airplanes: If no cracking is found during
any inspection required by paragraph (g) of this AD, do the next
inspection within 400 flight hours after doing the last inspection,
or within 400 flight hours after the effective date of this AD,
whichever occurs later; and repeat the inspection thereafter at
intervals not to exceed 400 flight hours. Repeat the inspections
until the replacement required by paragraph (k) of this AD has been
done.
    (2) For Model 328-300 airplanes: If no cracking is found during
any inspection required by paragraph (g) of this AD, repeat the
inspections thereafter at intervals not to exceed 24 months.

Corrective Action

    (h) For all airplanes: If any cracking is found during any
inspection required by paragraph (g) of this AD, do the applicable
actions specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For Model 328-100 airplanes: Before further flight, do the
replacement required by paragraph (k) of this AD, or replace the
spring tab lever assembly with a new assembly by doing all the
actions per Paragraph 2.C. of the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328-27-036, dated February 12,
2003; or Revision 3, dated February 8, 2008.
    (2) For Model 328-300 airplanes: Before further flight, replace
the spring tab lever assembly with a new assembly by doing all the
actions per Paragraph 2.C. of the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328J-27-013, dated February 12,
2003. Repeat the inspections required by paragraph (g) of this AD
thereafter at intervals not to exceed 24 months.

    Note 2:  For Model 328-300 airplanes: There is no terminating
action available for the repetitive inspections required by this AD.

    (i) Dornier Alert Service Bulletins ASB-328-27-036, dated
February 12, 2003, and Revision 3, dated February 8, 2008; and ASB-
328J-27-013, dated February 12, 2003; recommend reporting crack
findings and returning damaged lever assemblies to the manufacturer,
but this AD does not contain such requirements.

New Requirements of This AD: Actions and Compliance

    (j) For Model 328-100 airplanes: As of the effective date of
this AD, Dornier Alert Service Bulletin ASB-328-27-036, Revision 3,
dated February 8, 2008, must be used for accomplishing the
inspections and corrective actions required by paragraphs (g) and
(h) of this AD.
    (k) For Model 328-100 airplanes: Within 6 months after the
effective date of this AD, replace any rudder spring tab lever
assembly having P/N 001A272A4020-002 with an improved unit having P/
N 001A272A4020-004, in accordance with the Accomplishment
Instructions of Dornier Service Bulletin SB-328-27-459, Revision 2,
dated February 8, 2008. Accomplishment of the replacement required
by this paragraph terminates the repetitive inspections required by
paragraph (g)(1) of this AD.
    (l) Actions done before the effective date of this AD in
accordance with Dornier Service Bulletin SB-328-27-459, dated May 3,
2004; or Revision 1, dated January 24, 2008; are acceptable for
compliance with the corresponding requirements of this AD for Model
328-100 airplanes. Actions done before the effective date of this AD
in accordance with Dornier Alert Service Bulletin ASB-328-27-036,
Revision 1, dated May 7, 2004; or Revision 2, dated January 24,
2008; are acceptable for compliance with the corresponding
requirements of this AD for Model 328-300 airplanes.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (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.

Related Information

    (n) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0107, dated June 23, 2008; German Airworthiness
Directive 2003-384, dated November 13, 2003; and the service
information contained in Table 1 of this AD, for related
information.

                                      Table 1--Related Service Information
----------------------------------------------------------------------------------------------------------------
                Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Dornier Alert Service Bulletin ASB-328-   3..........................  February 8, 2008.
 27-036.
Dornier Alert Service Bulletin ASB-328J-  Original...................  February 12, 2003.
 27-013.
Dornier Service Bulletin SB-328-27-459..  2..........................  February 8, 2008.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (o) You must use the applicable service information contained in
Table 2 of this AD to do the actions required by this AD, unless the
AD specifies otherwise. (The issue date of Dornier Alert Service
Bulletin ASB-328-27-036, Revision 3, dated February 8, 2008; and
Dornier Service Bulletin SB-328-27-459, Revision 2, dated February
8, 2008; is specified only on the odd-numbered pages of these
documents.)

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Dornier Alert Service Bulletin ASB-328-   3..........................  February 8, 2008.
 27-036.
Dornier Alert Service Bulletin ASB-328J-  Original...................  February 12, 2003.
 27-013.
Dornier Service Bulletin SB-328-27-459..  2..........................  February 8, 2008.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of Dornier Alert Service Bulletin ASB-
328-27-036, Revision 3, dated February 8, 2008; and Dornier Service
Bulletin SB-328-27-459, Revision 2, dated February 8, 2008; under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the
incorporation by reference of the Dornier Alert Service Bulletin
ASB-328J-27-013, dated February 12, 2003, on June 9, 2004 (69 FR
24953, May 5, 2004).
    (3) For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111
6666; fax +49 8153 88111 6565; e-mail<EMAIL_ADDRESS>Internet
http://www.328support.de.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference 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 Renton, Washington, on August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21035 Filed 9-8-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53134-53137]
[DOCID:fr15se08-12]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0593-200818a; FRL-8714-7]

Approval and Promulgation of Implementation Plans Alabama:
Volatile Organic Compounds and Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Alabama State Implementation Plan (SIP), submitted by the Alabama
Department of Environmental Management (ADEM) on January 8, 2008. The
revisions include modifications to Alabama's Volatile Organic Compounds
(VOC) and Control of Open Burning and Incineration regulations, found
at Alabama Administrative Code (AAC) Chapters 335-3-1, and 335-3-3,
respectively. This action is being taken pursuant to section 110 of the
Clean Air Act (CAA).
    This SIP revision also contains a letter addressing the
requirements of section 110(a)(2)(D)(i), which EPA will consider
separately.

DATES: This direct final rule is effective November 14, 2008 without
further notice, unless EPA receives adverse comment by October 15,
2008. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. ``EPA-R04-
OAR-2008-0593,'' by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2008-0593,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Stacy Harder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. 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 ID No. ``EPA-R04-OAR-
2008-0593,'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 through
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. 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 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, 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.
     Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Harder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Harder can also be reached via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Today's Action
II. What Is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews

I. Today's Action

    On January 8, 2008, ADEM submitted proposed SIP revisions to EPA
for review and approval into the Alabama SIP. The revisions include
changes made by the State of Alabama to AAC Chapters 335-3-1 and 335-3-
3. The rules became state effective on January 22, 2008. EPA is now
taking direct final action to approve the revisions, which include
revising the definition of VOC, and updating an open burning
regulation. These revisions are part of the State's strategy to meet
the national ambient air quality standards (NAAQS) by reducing
emissions of VOCs.
    The revision to Chapter 335-3-1-.02(gggg), submitted by ADEM, added
one compound to the list of those excluded from the definition of VOC,
on the basis that this compound makes a negligible contribution to
ozone formation. This revision modified the definition to say that:
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(also known as HFE-7300 or L-14787 or
C2F5CF(OCH3)CF(CF3)2
), will be considered to be negligibly reactive.
    Additionally, ADEM is revising the Open Burning regulation found at
Chapter 335-3-3.01(2)(e), to delete an outdated provision which applied
only in 2006. The revisions summarized above are approvable pursuant to
section 110 of the CAA.

II. What Is the Background for This Action?

Revisions to Chapter 335-3-1

    Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA limits the amount of VOC and
NOX that can be released into the atmosphere. VOC are those
compounds of carbon (excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides or carbonates, and ammonium carbonate)
which form ozone through atmospheric photochemical reactions. Compounds
of carbon (or organic compounds) have different levels of reactivity;
they do not react at the same speed, or do not form ozone to the same
extent.
    It has been EPA's policy that compounds of carbon with a negligible
level of reactivity need not be regulated to reduce ozone (see, 42 FR
35314, July 8, 1977). EPA determines whether a given carbon compound
has ``negligible'' reactivity by comparing the compound's reactivity to
the reactivity of ethane. EPA lists these compounds in its regulations
at 40 CFR 51.100(s), and excludes them from the definition of VOC. The
chemicals on this list are often called ``negligibly reactive.'' EPA
may periodically revise the list of negligibly reactive compounds to
add compounds to or delete them from the list.
    EPA finalized such a rule on January 18, 2007 (72 FR 2193),
approving the addition of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane to the list of those compounds excluded from
the definition of VOC. ADEM is updating the State regulation to be
consistent with federal regulations.

Revisions to Chapter 335-3-3

    The ``Open Burning'' regulation in Chapter 3 is being revised to
delete Rule 335-3-3-.01(2)(e). As currently written, subparagraph 2(e)
allows open burning in the counties of DeKalb, Etowah, Russell, and
Talladega during the months of May, June, July, August, September, and
October, during 2006 only, provided that an air curtain incinerator is
used during burning. Alabama is updating the SIP to remove this rule,
as it applied to the 2006 calendar year only.

III. Final Action

    EPA is approving revisions to the Alabama SIP submitted on January
8, 2008. The SIP revision includes changes to the VOC regulations which
are part of the State's strategy to meet the NAAQS. The action amends
Rules 335-3-1-.02(gggg) to update the definition of VOC to be
consistent with EPA regulations, and deletes an outdated open burning
provision in rule 335-3-3-.01(2)(e). These changes are consistent with
the CAA.
    The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective November 14,
2008 without further notice unless the Agency receives adverse comments
by October 15, 2008.
    If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on November 14, 2008 and no
further action will be taken on the proposed rule. Please note that if
EPA receive 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.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 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 rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 14, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See, section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 4, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising entries for ``Sections 335-
3-1-.02 and 335-3-3-.01'' to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         State citation              Title/subject            date         EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                   Chapter 335-3-1                    General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 335-3-1-.02.............  Definitions........           01/22/08  09/15/08..........
                                                                          [Insert citation
                                                                           of publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                   Chapter 335-3-3         Control of Open Burning and Incineration
----------------------------------------------------------------------------------------------------------------
Section 335-3-3-.01.............  Open Burning.......  .................  09/15/08..........
                                                                          [Insert citation
                                                                           of publication].

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

* * * * *

[FR Doc. E8-21312 Filed 9-12-08; 8:45 am]

BILLING CODE 6560-50-P