[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40098-40100]
[FR Doc No: 2014-16306]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9913-39-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; Request for Public Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
consent decree to address a lawsuit filed by the National Parks
Conservation Association, et al., (``Plaintiffs') in the United States
District Court for the District of Minnesota: National Parks
Conservation Association v. McCarthy, Civil Action No. 12-3043 (RHK/
JSM) (D. Minn.). On December 5, 2012, Plaintiffs filed a complaint
alleging that Gina McCarthy, in her official capacity as Administrator
of the United States Environmental Protection Agency (``EPA''), failed
to perform a mandatory duty to respond to a 2009 certification by the
Department of the Interior (``DOI'') that visibility impairment in
Minnesota's Voyageurs National Park and Michigan's Isle Royale National
Park is reasonably attributable to emissions from Xcel Energy's coal-
fired Sherburne County Generating Station (``Sherco'') in Minnesota.
The proposed consent decree would establish deadlines for EPA to take
such action.

DATES: Written comments on the proposed consent decree must be received
by August 11, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0508 online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on

a disk or CD-ROM should be formatted in Word or ASCII file, avoiding
the use of special characters and any form of encryption, and may be
mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: Matthew C. Marks, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would address a lawsuit filed by
Plaintiffs alleging that EPA failed to perform a mandatory duty
pursuant to 40 CFR 51.302(c)(4)(iii) and (iv) to promulgate a federal
reasonably attributable visibility impairment best available retrofit
technology (``RAVI BART'') determination for the Sherco power plant in
Minnesota in response to the DOI's October 21, 2009 certification. In
response to the lawsuit, EPA filed an answer on February 1, 2013,
denying that the Administrator has a mandatory duty to promulgate RAVI
BART for Sherco because EPA has not yet determined that visibility
impairment at one or more Class I areas is reasonably attributable to
emissions from Sherco. The proposed consent decree would require EPA to
sign a proposed rule by February 27, 2015, and a final rule by August
31, 2015, in which EPA determines under 40 CFR 51.302(c)(4)(i) whether
visibility impairment in Voyageurs National Park or Isle Royale
National Park is reasonably attributable to Sherco. If EPA determines
that visibility impairment in Voyageurs National Park or Isle Royale
National Park is reasonably attributable to Sherco, then EPA's final
rulemaking shall also include EPA's final determination of BART for
Sherco. However, if EPA determines that visibility impairment in
neither Voyageurs National Park nor Isle Royale National Park is
reasonably attributable to Sherco, then BART for Sherco will not be
required. In addition, the proposed consent decree states that if EPA
signs a proposed rule by February 27, 2015, and a final rule by August
31, 2015, in which EPA either approves a State Implementation Plan
(``SIP'') or promulgates a Federal Implementation Plan (``FIP'') under
40 CFR 51.308 that includes a final determination of BART for Sherco,
then EPA's obligation is fulfilled. The proposed consent decree also
resolves any claim the Plaintiffs have for the costs of litigation,
including attorney fees.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
interveners to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information about Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2014-0508 contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, key in the
appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: June 27, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-16306 Filed 7-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27220-27222]
[FR Doc No: 2015-11381]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74890; File No. SR-FINRA-2015-009]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a Proposed Rule Change To Adopt
FINRA Rule 2272 To Govern Sales or Offers of Sales of Securities on the
Premises of Any Military Installation to Members of the U.S. Armed
Forces or Their Dependents

May 6, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 23, 2015, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been substantially prepared by
FINRA. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to adopt FINRA Rule 2272, which would govern
sales or offers of sales of securities on the premises of any military
installation to members of the U.S. Armed Forces or their dependents.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B,

and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
Background
    The proposed rule change would adopt FINRA Rule 2272, which would
govern sales or offers of sales of securities on the premises of any
military installation to members of the U.S. Armed Forces or their
dependents.
Statutory Requirement
    The Military Personnel Financial Services Protection Act
(``Military Act'') was enacted to protect members of the U.S. Armed
Forces from unscrupulous practices regarding sales of insurance,
financial and investment products.\3\ Congress amended Section 15A(b)
of the Exchange Act with the enactment of the Military Act to require
FINRA, as a registered securities association, to adopt rules governing
the sales or offers of sales of securities on the premises of any
military installation to members of the U.S. Armed Forces or their
dependents.\4\ Such rules must require: (1) The broker-dealer
performing brokerage services to clearly and conspicuously disclose to
potential investors (a) that the securities offered are not being
offered or provided by the broker-dealer on behalf of the federal
government, and that its offer is not sanctioned, recommended, or
encouraged by the federal government and (b) the identity of the
registered broker-dealer offering the securities; (2) such broker-
dealer to perform an appropriate suitability determination, including
consideration of costs and knowledge about securities, prior to making
a recommendation of a security to a member of the U.S. Armed Forces or
a dependent thereof; and (3) that no person receive any referral fee or
incentive compensation in connection with a sale or offer of sale of
securities, unless such person is an associated person of a registered
broker-dealer and is qualified pursuant to the rules of a self-
regulatory organization.\5\
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    \3\ Public Law 109-290, 120 Stat. 1317.
    \4\ 15 U.S.C. 78o-3(b).
    \5\ 15 U.S.C. 78o-3(b)(14).
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Proposal
    FINRA, as a registered securities association, is proposing to
adopt Rule 2272 to comply with the statutory requirements of the
Military Act. Proposed Rule 2272 would require that any member engaging
in sales or offers of sales of securities on the premises of a military
installation to any member of the U.S. Armed Forces or a dependent
thereof shall clearly and conspicuously disclose in writing, which may
be electronic, to such potential investor prior to engaging in sales or
offers of sales of securities to such investor: (1) The identity of the
member offering the securities; and (2) that the securities offered are
not being offered or provided by the member on behalf of the federal
government, and that the offer of such securities is not sanctioned,
recommended or encouraged by the federal government.\6\ Electronic
delivery of the disclosures required by proposed Rule 2272 must be
consistent with SEC guidance on the use of electronic media to satisfy
delivery obligations which, among other things, requires affirmative
consent of the customer for delivery of certain documents.\7\
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    \6\ See proposed Rule 2272(b).
    \7\ See Securities Exchange Act Release No. 37182 (May 6, 1996);
61 FR 24644 (May 15, 1996). See also Securities Exchange Act Release
No. 42728 (April 28, 2000); 65 FR 25843 (May 4, 2000).
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    Proposed Rule 2272 also would incorporate the suitability
obligations under FINRA Rule 2111. Specifically, the proposed rule
would explicitly provide that a member must satisfy the suitability
obligations imposed by Rule 2111 when making a recommendation on the
premises of a military installation to any member of the U.S. Armed
Forces or a dependent thereof.\8\ FINRA believes that the suitability
obligations imposed by Rule 2111 satisfy the statutory requirement that
FINRA adopt rules requiring its members to perform an appropriate
suitability determination, including consideration of costs and
knowledge about securities, prior to making a recommendation to a
member of the U.S. Armed Forces or a dependent thereof. FINRA has
previously stated that the cost associated with a recommendation is one
factor for a member or an associated person to consider when
determining whether a security or investment strategy is suitable for a
customer pursuant to Rule 2111.\9\ Further, Rule 2111 requires a member
or associated person to use reasonable diligence to obtain and
consider, among other things, the customer's investment experience.\10\
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    \8\ See proposed Rule 2272(c).
    \9\ See Regulatory Notice 12-25 (May 2012). FINRA stated that
the cost associated with a recommendation is one of many important
factors to consider when determining whether the subject security or
investment strategy involving a security or securities is suitable.
    \10\ See Rule 2111(a) (requiring that a member or associated
person use reasonable diligence to obtain and consider a customer's
investment profile, which includes the customer's investment
experience). See also Regulatory Notice 12-25.
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    Proposed Rule 2272 also would provide that no member shall cause a
person to receive a referral fee or incentive compensation in
connection with sales or offers of sales of securities on the premises
of a military installation with any member of the U.S. Armed Forces or
a dependent thereof, unless such person is an associated person of a
registered broker-dealer who is appropriately qualified consistent with
FINRA rules, and the payment complies with applicable federal
securities laws and FINRA rules.\11\
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    \11\ See proposed Rule 2272(d).
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    For purposes of the proposed rule change, FINRA proposes to define
``military installation'' to include ``any federally owned, leased or
operated base, reservation, post, camp, building or other facility to
which members of the U.S. Armed Forces are assigned for duty, including
barracks, transient housing and family quarters.'' \12\ FINRA will read
with interest comments as to whether proposed Rule 2272 should be
broadened to apply to sales or offers of sales of securities both on
and off the premises of a military installation to any member of the
U.S. Armed Forces or a dependent thereof. In this regard, FINRA reminds
members that any such sales or offers of sales of securities off the
premises of a military installation must comply with applicable FINRA
rules, including suitability requirements, and that any misleading
representation made to a member of the U.S. Armed Forces or a dependent
thereof off the premises of a military installation that the securities
are being offered or provided on behalf of, or sanctioned, recommended,
or encouraged by the federal government would be otherwise prohibited
by FINRA rules.\13\
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    \12\ See proposed Rule 2272(a). The proposed definition is
consistent with the definition included in the Military Sales
Practices Model Regulation adopted by the National Association of
Insurance Commissioners. See http://www.naic.org/store/free/MDL-568.pdf.
    \13\ See, e.g., Rules 2010, 2020, and 2210.
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    FINRA will announce the effective date of the proposed rule change
in a Regulatory Notice to be published no later than 60 days following
Commission approval. The effective date will be no later than 180 days
following publication of the Regulatory Notice announcing Commission
approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions

of Section 15A(b)(6) of the Act,\14\ which requires, among other
things, that FINRA rules must be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
further the purposes of the Act by providing members of the U.S. Armed
Forces and their dependents on the premises of military installations
with clear disclosure that the securities offered are not being offered
or provided by the member on behalf of the federal government, and that
the offer of such securities is not sanctioned, recommended or
encouraged by the federal government. The proposed rule change also
would require persons receiving referral fees or other incentive
compensation in connection with such sales to be appropriately
qualified associated persons of a broker-dealer so as to mitigate
potentially abusive and unscrupulous sales practices.
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    \14\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition
    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Proposed Rule 2272 is intended
to benefit members of the U.S. Armed Forces and their dependents on the
premises of military installations by providing enhanced disclosure
about securities investments and limiting compensation for referrals.
    According to the 2012 National Financial Capability Study's
Military Report,\15\ approximately half of the survey respondents hold
non-retirement investments and approximately 65% have self-directed
retirement plans. In addition, approximately two-thirds of respondents
indicated that they have consulted with a financial professional
outside the military over the past five years.
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    \15\ The report and related materials can be found at: http://www.usfinancialcapability.org/resultsm.php. The report is based on a
survey of 1,000 members of the U.S. Armed Forces, including active
duty personnel, activated Reserve and National Guard personnel, and
Reserve and National Guard personnel not currently on active duty.
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    The Department of Defense has separately imposed requirements for
personal commercial solicitations, including offers and sales of
securities, on the premises of military installations. Among other
things, the Department of Defense has required: (i) Registering persons
seeking to solicit on the premises of military installations with the
installation's commander prior to soliciting on the premises; (ii)
checking the person's license status and complaint history prior to
granting permission for soliciting on the premises; (iii) permitting
only previously scheduled meetings in a location designated by the
commander or in family quarters; and (iv) maintaining a list of persons
and companies who have had their commercial solicitation privileges
withdrawn.\16\ The Department of Defense's requirements have the
practical effect of limiting access to the premises of military
installations for the purpose of commercial solicitations.
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    \16\ See Department of Defense Instruction No. 1344.07 (March
30, 2006).
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    The proposed rule change would impose additional costs on members
that offer to sell securities on the premises of U.S. military
installations to members of the U.S. Armed Forces and their dependents.
Specifically, members would be required to provide additional
disclosure and to adopt supervisory policies and procedures reasonably
designed to ensure that the disclosure is provided where required.
FINRA anticipates that the disclosure required by proposed Rule 2272
would be provided with other materials and disclosures typically
provided to potential investors.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2015-009. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of FINRA. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2015-009 and should be
submitted on or before June 2, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11381 Filed 5-11-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Proposed Rules]
[Page 67845-67849]
[DOCID:fr21de09-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[OAR-2004-0091; FRL-9093-9]

Outer Continental Shelf Air Regulations Consistency Update for
California

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources
located within 25 miles of States' seaward boundaries must be updated
periodically to remain consistent with the requirements of the
corresponding onshore area (``COA''), as mandated by section 328(a)(1)
of the Clean Air Act, as amended in 1990 (``the Act''). The portion of
the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which the South Coast Air Quality
Management District (``South Coast AQMD'' or ``District'') is the
designated COA. The intended effect of approving the OCS requirements
for the South Coast AQMD is to regulate emissions from OCS sources in
accordance with the requirements onshore. The changes to the existing
requirements discussed below are proposed to be incorporated by
reference into the Code of Federal Regulations and listed in the
appendix to the OCS air regulations.

DATES: Any comments must arrive by January 20, 2010.

ADDRESSES: Submit comments, identified by docket number OAR-2004-0091,
by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Air Division (Air-
4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air quality
standards and to comply with the provisions of part C of title I of the
Act. Part 55 applies to all OCS sources offshore of the States except
those located in the Gulf of Mexico west of 87.5 degrees longitude.
Section 328 of the Act requires that for such sources located within 25
miles of a State's seaward boundary, the requirements shall be the same
as would be applicable if the sources were located in the COA. Because
the OCS requirements are based on onshore requirements, and onshore
requirements may change, section 328(a)(1) requires that EPA update the
OCS requirements as necessary to maintain consistency with onshore
requirements.
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    \1\ See Notice of Proposed Rulemaking, December 5, 1991 (56 FR
63774), and the preamble to the final rule promulgated September 4,
1992 (57 FR 40792) for further background and information on the OCS
regulations.
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    Pursuant to section 55.12 of the OCS rule, consistency reviews will
occur (1) At least annually; (2) upon receipt of a Notice of Intent
under section 55.4; or (3) when a State or local agency submits a rule
to EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken in response to the submittal of
requirements by the South Coast AQMD. Public comments received in
writing within 30 days of publication of this document will be
considered by EPA before publishing a final rule.
    Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's State
implementation plan (SIP) guidance or certain requirements of the Act.
Consistency updates may result in the inclusion of State or local rules
or regulations into part 55, even though the same rules may ultimately
be disapproved for inclusion as part of the

SIP. Inclusion in the OCS rule does not imply that a rule meets the
requirements of the Act for SIP approval, nor does it imply that the
rule will be approved by EPA for inclusion in the SIP.

II. EPA's Evaluation

    In updating 40 CFR part 55, EPA reviewed the rules submitted for
inclusion in part 55 to ensure that they are rationally related to the
attainment or maintenance of Federal or State ambient air quality
standards or part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). EPA has excluded rules that regulate toxics, which are not
related to the attainment and maintenance of Federal and State ambient
air quality standards.
    EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. EPA will consider these comments
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
Region IX Office listed in the ADDRESSES section of this Federal
Register.

III. Proposed Action

    1. After review of the requirements submitted by the South Coast
AQMD against the criteria set forth above and in 40 CFR part 55, EPA is
proposing to make the following District requirements applicable to OCS
sources. Earlier versions of these District rules are currently
implemented on the OCS:

------------------------------------------------------------------------
                                                             Adoption or
          Rule                      Name              amended
                                                                 date
------------------------------------------------------------------------
301..............................  Permit Fees.............     05/02/08
304..............................  Equipment, Materials,        05/02/08
                                    and Ambient Air
                                    Analyses.
304.1............................  Analyses Fees...........     05/02/08
306..............................  Plan Fees...............     05/02/08
309..............................  Fees for Regulation XVI.     05/02/08
Regulation IX....................  Standards of Performance     04/04/08
                                    for New Stationary
                                    Sources.
Regulation X.....................  National Emission            04/04/08
                                    Standards for Hazardous
                                    Air Pollutants.
1110.2...........................  Emissions from Gaseous-      02/01/08
                                    and Liquid-Fueled
                                    Engines.
1113.............................  Architectural Coatings..     07/13/07
1146.............................  Emissions of Oxides of       09/05/08
                                    Nitrogen from
                                    Industrial,
                                    Institutional, and
                                    Commercial Boilers,
                                    Steam Generators, and
                                    Process Heaters.
1146.1...........................  Emissions of Oxides of       09/05/08
                                    Nitrogen from Small
                                    Industrial,
                                    Institutional, and
                                    Commercial Boilers,
                                    Steam Generators, and
                                    Process Heaters.
1149.............................  Storage Tank and             05/02/08
                                    Pipeline Cleaning and
                                    Degassing.
1171.............................  Solvent Cleaning             02/01/08
                                    Operations.
1403.............................  Asbestos Emissions from      10/05/07
                                    Demolition/Renovation
                                    Activities.
------------------------------------------------------------------------

    The District also submitted the following new rules which are not
currently in effect on the OCS, for incorporation into part 55. We are
proposing to incorporate these rules into part 55:

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

------------------------------------------------------------------------
303..............................  Hearing Board Fees......     05/02/08
313..............................  Authority To Adjust Fees     05/02/08
                                    and Due Dates.
1309.1...........................  Priority Reserve             08/03/07
                                    (Replaced).
1315.............................  Federal New Source           08/03/07
                                    Review Tracking System
                                    (Readopted).
1472.............................  Requirements for             03/07/08
                                    Facilities with
                                    Multiple Stationary
                                    Emergency Standby
                                    Diesel-Fueled Internal
                                    Combustion Engines.
2449.............................  Control of Oxides of         05/02/08
                                    Nitrogen Emissions from
                                    Off-Road Diesel
                                    Vehicles.
------------------------------------------------------------------------

    EPA is proposing not to incorporate into part 55 the following rule
submitted by the South Coast AQMD, because it regulates toxics and is
not rationally related to the attainment and maintenance of Federal or
State ambient air quality standards or part C of title I of the Act:

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

------------------------------------------------------------------------
1401.............................  New Source Review of         03/07/08
                                    Toxic Air Contaminants.
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
proposes to update the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy discretion by EPA. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);

     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, 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 proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. Notice of OMB's approval of EPA Information Collection Request
(``ICR'') No. 1601.07 was published in the Federal Register on February
17, 2009 (74 FR 7432). The approval expires January 31, 2012. As EPA
previously indicated (70 FR 65897-65898 (November 1, 2005)), the annual
public reporting and recordkeeping burden for collection of information
under 40 CFR part 55 is estimated to average 549 hours per response,
using the definition of burden provided in 44 U.S.C. 3502(2).

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: December 1, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
    Title 40 of the Code of Federal Regulations, part 55, is proposed
to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for part 55 continues to read as follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Pub. L. 101-549.

    2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(G) to
read as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of states seaward boundaries, by state.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources (Parts I, II and III), September 2009.
* * * * *
    3. Appendix A to CFR Part 55 is amended by revising paragraph
(b)(7) under the heading ``California'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *
    California
* * * * *
    (b) * * *
    (7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources
(Part I, II and III):

Rule 102 Definition of Terms (Adopted 12/3/04)
Rule 103 Definition of Geographical Areas (Adopted 01/9/76)
Rule 104 Reporting of Source Test Data and Analyses (Adopted 01/9/
76)
Rule 108 Alternative Emission Control Plans (Adopted 04/6/90)
Rule 109 Recordkeeping for Volatile Organic Compound Emissions
(Adopted 08/18/00)
Rule 112 Definition of Minor Violation and Guidelines for Issuance
of Notice to Comply (Adopted 11/13/98)
Rule 118 Emergencies (Adopted 12/07/95)
Rule 201 Permit to Construct (Adopted 12/03/04)
Rule 201.1 Permit Conditions in Federally Issued Permits to
Construct (Adopted 12/03/04)
Rule 202 Temporary Permit to Operate (Adopted 12/03/04)
Rule 203 Permit to Operate (Adopted 12/03/04)
Rule 204 Permit Conditions (Adopted 03/6/92)
Rule 205 Expiration of Permits to Construct (Adopted 01/05/90)
Rule 206 Posting of Permit to Operate (Adopted 01/05/90)
Rule 207 Altering or Falsifying of Permit (Adopted 01/09/76)
Rule 208 Permit and Burn Authorization for Open Burning (Adopted 12/
21/01)
Rule 209 Transfer and Voiding of Permits (Adopted 01/05/90)
Rule 210 Applications (Adopted 01/05/90)
Rule 212 Standards for Approving Permits (Adopted 12/07/95) except
(c)(3) and (e)
Rule 214 Denial of Permits (Adopted 01/05/90)
Rule 217 Provisions for Sampling and Testing Facilities (Adopted 01/
05/90)
Rule 218 Continuous Emission Monitoring (Adopted 05/14/99)
Rule 218.1 Continuous Emission Monitoring Performance Specifications
(Adopted 05/14/99)
Rule 218.1 Attachment A--Supplemental and Alternative CEMS
Performance Requirements (Adopted 05/14/99)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 6/1/07)
Rule 220 Exemption--Net Increase in Emissions (Adopted 08/07/81)
Rule 221 Plans (Adopted 01/04/85)
Rule 301 Permitting and Associated Fees (Adopted 5/2/08) except
(e)(7)and Table IV
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/
2/08)
Rule 304.1 Analyses Fees (Adopted 5/2/08)
Rule 305 Fees for Acid Deposition (Rescinded 6/9/06)
Rule 306 Plan Fees (Adopted 5/2/08)
Rule 309 Fees for Regulation XVI (Adopted 5/2/08)
Rule 313 Authority to Adjust Fees and Due Dates (Adopted 5/2/08)
Rule 401 Visible Emissions (Adopted 11/09/01)
Rule 403 Fugitive Dust (Adopted 06/03/05)
Rule 404 Particulate Matter--Concentration (Adopted 02/07/86)
Rule 405 Solid Particulate Matter--Weight (Adopted 02/07/86)
Rule 407 Liquid and Gaseous Air Contaminants (Adopted 04/02/82)
Rule 408 Circumvention (Adopted 05/07/76)
Rule 409 Combustion Contaminants (Adopted 08/07/81)
Rule 429 Start-Up and Shutdown Exemption Provisions for Oxides of
Nitrogen (Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (b) only (Adopted 07/12/96)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 06/12/98)
Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 09/15/00)

Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 05/7/76)
Rule 441 Research Operations (Adopted 05/7/76)
Rule 442 Usage of Solvents (Adopted 12/15/00)
Rule 444 Open Burning (Adopted 12/21/01)
Rule 463 Organic Liquid Storage (Adopted 05/06/05)
Rule 465 Refinery Vacuum-Producing Devices or Systems (Adopted 08/
13/99)
Rule 468 Sulfur Recovery Units (Adopted 10/08/76)
Rule 473 Disposal of Solid and Liquid Wastes (Adopted 05/07/76)
Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/04/
81)
Rule 475 Electric Power Generating Equipment (Adopted 08/07/78)
Rule 476 Steam Generating Equipment (Adopted 10/08/76)
Rule 480 Natural Gas Fired Control Devices (Adopted 10/07/77)
Addendum to Regulation IV (Effective 1977)
Rule 518 Variance Procedures for Title V Facilities (Adopted 08/11/
95)
Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted
08/11/95)
Rule 518.2 Federal Alternative Operating Conditions (Adopted 12/21/
01)
Rule 701 Air Pollution Emergency Contingency Actions (Adopted 06/13/
97)
Rule 702 Definitions (Adopted 07/11/80)
Rule 708 Plans (Rescinded 09/08/95)
Regulation IX Standard of Performance for New Stationary Sources
(Adopted 4/4/08)
Regulation X National Emission Standards for Hazardous Air
Pollutants (Adopted 4/4/08)
Rule 1105.1 Reduction of PM10 And Ammonia Emissions From
Fluid Catalytic Cracking Units (Adopted 11/07/03)
Rule 1106 Marine Coating Operations (Adopted 01/13/95)
Rule 1107 Coating of Metal Parts and Products (Adopted 1/6/06)
Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process
Heaters in Petroleum Refineries (Adopted 08/05/88)
Rule 1110 Emissions from Stationary Internal Combustion Engines
(Demonstration) (Repealed 11/14/97)
Rule 1110.1 Emissions from Stationary Internal Combustion Engines
(Rescinded 06/03/05)
Rule 1110.2 Emissions from Gaseous-and Liquid Fueled Engines
(Adopted 2/1/08)
Rule 1113 Architectural Coatings (Adopted 7/13/07)
Rule 1116.1 Lightering Vessel Operations-Sulfur Content of Bunker
Fuel (Adopted 10/20/78)
Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural
Gas-Fired Water Heaters (Adopted 09/03/04)
Rule 1122 Solvent Degreasers (Adopted 10/01/04)
Rule 1123 Refinery Process Turnarounds (Adopted 12/07/90)
Rule 1125 Metal Container, Closure, and Coil Coating Operations
(Adopted 3/7/08)
Rule 1129 Aerosol Coatings (Adopted 03/08/96)
Rule 1132 Further Control of VOC Emissions from High-Emitting Spray
Booth Facilities (Adopted 5/5/06)
Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas
Turbines (Adopted 08/08/97)
Rule 1136 Wood Products Coatings (Adopted 06/14/96)
Rule 1137 PM10 Emission Reductions from Woodworking
Operations (Adopted 02/01/02)
Rule 1140 Abrasive Blasting (Adopted 08/02/85)
Rule 1142 Marine Tank Vessel Operations (Adopted 07/19/91)
Rule 1146 Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 9/5/08)
Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 9/5/08)
Rule 1146.2 Emissions of Oxides of Nitrogen from Large Water Heaters
and Small Boilers (Adopted 5/5/06)
Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/05/82)
Rule 1149 Storage Tank Cleaning and Degassing (Adopted 5/2/08)
Rule 1162 Polyester Resin Operations (Adopted 7/8/05)
Rule 1168 Adhesive and Sealant Applications (Adopted 01/07/05)
Rule 1171 Solvent Cleaning Operations (Adopted 2/1/08)
Rule 1173 Control of Volatile Organic Compounds Leaks and Releases
From Components at Petroleum Facilities and Chemical Plants (Adopted
6/1/07)
Rule 1175 Control of Emissions from the Manufacture of Polymeric
Cellular (Foam) Products (Adopted 9/7/07)
Rule 1176 VOC Emissions from Wastewater Systems (Adopted 09/13/96)
Rule 1178 Further Reductions of VOC Emissions from Storage Tanks at
Petroleum Facilities (Adopted 4/7/06)
Rule 1301 General (Adopted 12/07/95)
Rule 1302 Definitions (Adopted 12/06/02)
Rule 1303 Requirements (Adopted 12/06/02)
Rule 1304 Exemptions (Adopted 06/14/96)
Rule 1306 Emission Calculations (Adopted 12/06/02)
Rule 1313 Permits to Operate (Adopted 12/07/95)
Rule 1315 Federal New Source Review Tracking System (Readopted)
(Adopted 8/3/07)
Rule 1403 Asbestos Emissions from Demolition/Renovation Activities
(Adopted 10/5/07)
Rule 1470 Requirements for Stationary Diesel-Fueled Internal
Combustion and Other Compression Ignition Engines (Adopted 6/1/07)
Rule 1472 Requirements for Facilities with Multiple Stationary
Emergency Standby Diesel-Fueled Internal Combustion Engines (Adopted
3/7/08)
Rule 1605 Credits for the Voluntary Repair of On-Road Motor Vehicles
Identified Through Remote Sensing Devices (Adopted 10/11/96)
Rule 1610 Old-Vehicle Scrapping (Adopted 7/11/08)
Rule 1612 Credits for Clean On-Road Vehicles (Adopted 07/10/98)
Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted
03/16/01)
Rule 1620 Credits for Clean Off-Road Mobile Equipment (Adopted 07/
10/98)
Rule 1701 General (Adopted 08/13/99)
Rule 1702 Definitions (Adopted 08/13/99)
Rule 1703 PSD Analysis (Adopted 10/07/88)
Rule 1704 Exemptions (Adopted 08/13/99)
Rule 1706 Emission Calculations (Adopted 08/13/99)
Rule 1713 Source Obligation (Adopted 10/07/88)
Regulation XVII Appendix (effective 1977)
Rule 1901 General Conformity (Adopted 09/09/94)
Regulation XX Regional Clean Air Incentives Market (Reclaim)
Rule 2000 General (Adopted 05/06/05)
Rule 2001 Applicability (Adopted 05/06/05)
Rule 2002 Allocations for Oxides of Nitrogen (NOX) and
Oxides of Sulfur (SOX) (Adopted 01/07/05)
Rule 2004 Requirements (Adopted 4/6/07) except (l)
Rule 2005 New Source Review for RECLAIM (Adopted 05/06/05) except
(i)
Rule 2006 Permits (Adopted 05/11/01)
Rule 2007 Trading Requirements (Adopted 4/6/07)
Rule 2008 Mobile Source Credits (Adopted 10/15/93)
Rule 2009 Compliance Plan for Power Producing Facilities (Adopted
01/07/05)
Rule 2010 Administrative Remedies and Sanctions (Adopted 4/6/07)
Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Sulfur (SOX) Emissions (Adopted 05/06/05)
Appendix A Volume IV--(Protocol for oxides of sulfur) (Adopted 05/
06/05)
Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Nitrogen (NOX) Emissions (Adopted 05/06/05)
Appendix A Volume V--(Protocol for oxides of nitrogen) (Adopted 05/
06/05)
Rule 2015 Backstop Provisions (Adopted 06/04/04) except (b)(1)(G)
and (b)(3)(B)
Rule 2020 RECLAIM Reserve (Adopted 05/11/01)
Rule 2100 Registration of Portable Equipment (Adopted 07/11/97)
Rule 2449 Controls of Oxides of Nitrogen Emissions from Off-Road
Diesel Vehicles (Adopted 5/2/08)
Rule 2506 Area Source Credits for NOX and SOX
(Adopted 12/10/99)
XXX Title V Permits
Rule 3000 General (Adopted 11/14/97)
Rule 3001 Applicability (Adopted 11/14/97)
Rule 3002 Requirements (Adopted 11/14/97)
Rule 3003 Applications (Adopted 03/16/01)
Rule 3004 Permit Types and Content (Adopted 12/12/97)
Rule 3005 Permit Revisions (Adopted 03/16/01)
Rule 3006 Public Participation (Adopted 11/14/97)
Rule 3007 Effect of Permit (Adopted 10/08/93)

Rule 3008 Potential To Emit Limitations (Adopted 03/16/01)
XXXI Acid Rain Permit Program (Adopted 02/10/95)
* * * * *
[FR Doc. E9-30154 Filed 12-18-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Rules and Regulations]
[Page 33625-33628]
[DOCID:fr12jn06-13]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0004; FRL-8176-4]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Indiana State Implementation
Plan (SIP) for ozone. In these revisions, the State has incorporated
changes EPA made to its definition of volatile organic compound (VOC)
and its list of Hazardous Air Pollutants (HAP). As a result of EPA's
approval, five chemical compounds will no longer be considered VOCs and
one compound will no longer be considered a HAP under Indiana's SIP.

DATES: This direct final rule will be effective August 11, 2006,
without further notice, unless EPA receives adverse comment by July 12,
2006. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0004, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions

for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section,
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0004. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

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

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

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental

Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday

through Friday, excluding legal holidays. We recommend that you
telephone Matt Rau, Environmental Engineer, at<PHONE_NUMBER> before
visiting the Region 5 office.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is EPA Approving?
III. What Is the Background for this Action?
IV. What Is EPA's Analysis of the State Submission?
V. What Are the Environmental Effects of These Actions?
VI. What Action Is EPA Taking Today?
VII. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of

the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. What Is EPA Approving?

    EPA is approving revisions to Indiana's definitions for ``VOC'' and
``nonphotochemically reactive hydrocarbons,'' as well as its HAP list.
By incorporating by reference 40 CFR 51.100(s), the following four VOC
compounds will no longer be considered VOCs under Indiana SIP rules 326
IAC 1-2-48 (``nonphotochemically reactive hydrocarbons'') and 326 IAC
1-2-90 (``Volatile organic compound''), and sources of these compounds
will not have to follow any of the VOC requirements when using these
compounds: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane; 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane;
1,1,1,2,3,3,3-heptafluoropropane; and methyl formate.
    In addition, Indiana has revised 326 IAC 1-2-48 and 1-2-90 to
incorporate by reference 40 CFR 51.100(s)(5),such that sources of t-
butyl acetate will no longer be subject to VOC emission or content
limits. Such sources will, however, still need to follow VOC record
keeping, emission reporting, and inventory requirements.
    Indiana has also revised 326 IAC 1-2-48 to incorporate by reference
40 CFR 51.100(s)(2), such that sources may exclude neglibly
photochemically reactive compounds that are measured as VOC during a
compliance test.
    Finally, Indiana has revised its definition of ``hazardous air
pollutant'' or ``HAP'' in 326 IAC 1-2-33.5 to incorporate by reference
40 CFR 63.63, such that the compound ethylene glycol monobutyl ether
(EGBE) will no longer be on its list of HAPs.

III. What Is the Background for This Action?

    Indiana's requested revisions to the VOC definitions and list of
HAPs adopt changes that EPA made on November 29, 2004. In the first
action (69 FR 69298), EPA added four chemicals to the list of excluded
compounds at 40 CFR 51.100(s)(1), on the basis that these compounds
make a negligible contribution to tropospheric ozone formation. These
are: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane; 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane;
1,1,1,2,3,3,3-heptafluoropropane; and methyl formate.
    In the second action (69 FR 69304), EPA modified the definition of
VOC at 40 CFR 51.100(s)(5) to exclude t-butyl acetate as a VOC for
purposes of VOC emission limitations or VOC content requirements. While
EPA determined that t-butyl acetate has a negligible contribution to
tropospheric ozone formation, it also concluded that the compound
should still be subject to all record keeping, emissions reporting,
modeling, and inventory VOC requirements.
    In the third action (69 FR 69325), EPA amended 40 CFR Part 63 to
remove EGBE from the HAP list (40 CFR 63.63). This was the result of
EPA's determination that emissions, ambient concentrations,
bioaccumulation, or deposition of EGBE may not reasonably be
anticipated to cause any adverse effects to the human health or adverse
environmental effects. 69 FR at 69321.
    Finally, on February 3, 1992, EPA amended 40 CFR 51.100 by adding
paragraph (s)(2), such that sources may exclude negligibly
photochemically reactive compounds that are measured as VOC during a
compliance test (57 FR 3945).

IV. What Is EPA's Analysis of the State Submission?

    Indiana's requested revisions incorporate by reference the
following federal regulations: 40 CFR 51.100(s)(1), the de-listing of
four compounds formerly considered VOCs; 40 CFR 51.100(s)(2), the
authority to exclude negligibly photochemically reactive compounds that
are measured as VOC during a compliance test; 40 CFR 51.100(s)(5), the
modification of the definition of VOC concerning t-butyl acetate; and
40 CFR 63.63, the removal of EGBE from the HAP list. They are,
therefore, approvable as revisions to Indiana's SIP.

V. What Are the Environmental Effects of These Actions?

    Volatile organic compounds are precursors to ozone formation.
Complex photochemical reactions involving VOCs form tropospheric ozone.
EPA has determined that the five compounds make a negligible
contribution to ozone formation. Thus, the compounds are no longer
considered to be VOCs.
    Ozone decreases lung function, causing chest pain and coughing. It
can aggravate asthma, reduce lung capacity, and increase risk of
respiratory diseases like pneumonia and bronchitis. Children playing
outside and healthy adults who work or exercise outside also may be
harmed by elevated ozone levels. Ozone also reduces vegetation growth
in economically important agricultural crops and wild plants.
    Exposure to HAPs at sufficient concentration and duration may
increase the risk of cancer and other serious health effects. These
health

effects include damage to the immune system and neurological,
reproductive, developmental, and respiratory health problems. Drinking
water can be contaminated by HAPs. In addition, some HAPs can enter the
food chain through the exposure of crops and animals. Animals can
suffer health effects from HAP exposure similar to the effects in
humans.

VI. What Action Is EPA Taking Today?

    EPA is approving, through direct final rulemaking, revisions to the
Indiana ozone and hazardous air pollutant regulations. As a result of
EPA's approval of Indiana's SIP submission, four compounds are no
longer considered to be VOCs and a fifth compound is not subject to VOC
content and emission limits but will still be subject to other
requirements. In addition, EGBE will no longer be considered a HAP.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective August 11, 2006
without further notice unless we receive relevant adverse written
comments by July 12, 2006. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective August 11, 2006.

VII. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 11, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.

    Dated: May 17, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

0
2. Section 52.770 is amended by adding paragraph (c)(176) to read as
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (176) On December 21, 2005, Indiana submitted revised regulations
that incorporate by reference 40 CFR 51.100(s)(1), as amended at 69 FR
69298. As a result, the compounds, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-
propane, 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl)hexane, 1,1,1,2,3,3,3-heptafluoropropane, and methyl
formate, are added to the list of ``nonphotochemically reactive
hydrocarbons'' or ``negligibly photochemically reactive compounds'' in
326 IAC 1-2-48 and these compounds are deleted from the list of VOCs in
326 IAC 1-2-90. Companies producing or using the four compounds will no
longer need to follow the VOC rules for these compounds.
    The requirements in 326 IAC 1-2-48 and 1-2-90 were also modified
for the compound t-butyl acetate. It is not considered a VOC for
emission limits and content requirements. T-butyl acetate will still be
considered a VOC for the recordkeeping, emissions reporting, and
inventory requirements.
    Indiana is also revising 326 IAC 1-2-33.5 to remove ethylene glycol
monobutyl ether from its HAP list. This chemical will no longer be
considered a hazardous air pollutant.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 2: Definitions, Section
33.5: ```Hazardous air pollutant' or `HAP' defined,'' and Section 48:
```Nonphotochemically reactive hydrocarbons' or `negligibly
photochemically reactive compounds' defined,'' and Section 90:
```Volatile organic compound' or `VOC' defined.'' Filed with the
Secretary of State on October 20, 2005 and effective November 19, 2005.
Published in 29 Indiana Register 795-797 on December 1, 2005.

[FR Doc. 06-5252 Filed 6-9-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58502-58504]
[DOCID:fr16oc07-9]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28909; Directorate Identifier 2007-NM-135-AD;
Amendment 39-15230; AD 2007-21-12]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new 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:

    It has been found cases in which some wiring harnesses were not
protected in accordance with SFAR-88 (Special Federal Aviation
Regulation No. 88) requirements.

    The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. We are issuing this AD to require actions to correct
the unsafe condition on these products.

DATES: This AD becomes effective November 20, 2007.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 20,
2007.

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 August 8, 2007 (72
FR 44435). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    It has been found cases in which some wiring harnesses were not
protected in accordance with SFAR-88 (Special Federal Aviation
Regulation No. 88) requirements.

    The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. The corrective action includes installing heat
shrinkable sleeves on the inspection and refueling panel illumination
lights wiring, and installing nipples on the terminal lugs to protect
the wire terminals. 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.

Conclusion

    We reviewed the available data and determined that air safety and
the

public interest require adopting the AD as proposed.

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

    We estimate that this AD will affect about 8 products of U.S.
registry. We also estimate that it will take about 6 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $32 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 parts. 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 this AD to the
U.S. operators to be $4,096, or $512 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 adding the following new AD:

2007-21-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15230. Docket No. FAA-2007-28909; Directorate
Identifier 2007-NM-135-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ airplanes,
certificated in any category; as identified in EMBRAER Service
Bulletin 145LEG-28-0016, Revision 01, dated June 27, 2005.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    It has been found cases in which some wiring harnesses were not
protected in accordance with SFAR-88 (Special Federal Aviation
Regulation No. 88) requirements.
    The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent
loss of the airplane. The corrective action includes installing heat
shrinkable sleeves on the inspection and refueling panel
illumination lights wiring, and installing nipples on the terminal
lugs to protect the wire terminals.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this
AD, install heat shrinkable sleeves on the inspection and refueling
panel illumination lights wiring, and install nipples on the
terminal lugs to protect the wire terminals, in accordance with the
detailed instructions and procedures in EMBRAER Service Bulletin
145LEG-28-0016, Revision 01, dated June 27, 2005.
    (2) Actions done before the effective date of this AD in
accordance with EMBRAER Service Bulletin 145LEG-28-0016, dated March
8, 2004, are acceptable for compliance with the corresponding
actions of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the

FAA Flight Standards District Office (FSDO), or lacking a PI, your
local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2006-07-02,
effective August 21, 2006, and EMBRAER Service Bulletin 145LEG-28-
0016, Revision 01, dated June 27, 2005, for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 145LEG-28-0016,
Revision 01, dated June 27, 2005, to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sa~o Jose dos Campos--SP, Brazil.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/cfr/ibr-locations.html
.

    Issued in Renton, Washington, on October 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20222 Filed 10-15-07; 8:45 am]

BILLING CODE 4910-13-P