[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6001-6002]
[FR Doc No: 2016-02071]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI16-1-000]

Mark Henson; Notice of Declaration of Intention and Soliciting
Comments, Protests, and Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI16-1-000.
    c. Date Filed: December 18, 2015, and supplemented on January 11,
2016 and January 27, 2016.
    d. Applicant: Mark Henson.
    e. Name of Project: Henson Micro Hydroelectric Project.
    f. Location: The proposed Henson Micro Hydroelectric Project would
be located on the West Branch of Onondaga Creek, near the town of
Onondaga, in Onondaga County, New York.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b) (2012).
    h. Applicant Contact: Mark Henson, 4061 Cedarvale Road, Syracuse,
NY 13215; telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Jennifer Polardino,<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and motions to intervene
is: 30 days from the issuance date of this notice by the Commission.
    The Commission strongly encourages electronic filing. Please file
comments, protests, and motions to intervene using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number DI16-1-000.
    k. Description of Project: The proposed Henson Micro Hydroelectric
Project would consist of: (1) An existing 14-foot-high reinforced
concrete dam that was rebuilt in 2002 and a small impoundment behind
the dam; (2) a 20-inch-diameter, 85-foot-long penstock with a bell
mouth intake, extending from the dam to the powerhouse; (3) a new 8-
foot-wide by 8-foot-long powerhouse containing one generating unit
having a total capacity of 10 kilowatts rated at 16 feet of net head
located downstream from the dam; (4) a new 14-foot-long tailrace
connecting the powerhouse with the West Branch of Onondaga Creek; (5)
trash racks; (6) a new buried 500-foot-long, 220/240-volt AC
transmission line; and (7) appurtenant facilities.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the project would affect the interests of
interstate or foreign commerce. The Commission also determines whether
or not the project: (1) Would be located on a navigable waterway; (2)
would occupy public lands or reservations of the United States; (3)
would utilize surplus water or water power from a government dam; or
(4) would be located on a non-navigable stream over which Congress has
Commerce Clause jurisdiction and would be constructed or enlarged after
1935.
    l. Locations of the Application: This filing may be viewed on the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number excluding the last three digits in the docket
number field to access the document. You may also register online at
http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above and in the Commission's Public Reference Room
located at 888 First Street NE., Room 2A, Washington, DC 20426, or by
calling<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: All filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', and
``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of the
particular application to which the filing refers. A copy of any Motion
to Intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

    Dated: January 29, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02071 Filed 2-3-16; 8:45 am]
 BILLING CODE 6717-01-P


Certification of Massachusetts State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2) for the 2006 PM2.5 National Ambient Air Quality Standard

                              September 21, 2009

Summary

This document provides the U.S. Environmental Protection Agency (EPA) with certification that the existing Massachusetts State Implementation Plan (SIP) adequately meets the basic (or "infrastructure") requirements of 7401 U.S.C. §2110(a)(1) and (2) (Sections 110(a)(1) and (2) of the Clean Air Act (CAA)) with respect to the 24-hour National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) promulgated by EPA on September 21, 2006 (the 2006 PM 2.5 NAAQS). The 2006 PM2.5 NAAQS lowered the 24-hour PM2.5 standard from 65 micrograms per cubic meter to 35 ug/m3 and left the annual PM2.5 standard of 15ug/m3 unchanged.

Background

Under the CAA, all states are required to submit SIPs meeting the requirements of CAA Sections 110(a)(l) and (2) within 3 years after promulgation of a new or revised standard.  Section 110(a)(1) provides the procedural and timing requirements for SIPS.  Section 110(a)(2) lists the basic elements that all SIPs must contain; these include emissions inventories, ambient air quality monitoring and data systems, programs for enforcement of control measures, and adequate resources to implement the plan. For the 2006 PM2.5 NAAQS, states must certify to EPA by September 21, 2009, that the state SIP contains the basic (or "infrastructure") elements that will allow the state to adequately provide for the implementation, maintenance and enforcement of the revised 24-hour PM NAAQS.

The Massachusetts Department of Environmental Protection (MassDEP) certifies that the existing Massachusetts SIP already addresses the basic SIP elements required under the CAA and adequately provides for the implementation, maintenance and enforcement of the 2006 PM2.5 NAAQS.

Previous Infrastructure Certifications

For the 1997 ozone NAAQS, on December 14, 2007, MassDEP submitted to EPA a Certification of State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2) (the Ozone Certification), certifying that it met the CAA Section 110(a)(1) and (2) requirements.  On March 27, 2008 (73 Federal Register 16205), EPA issued a finding that, for the 1997 ozone NAAQS, the Massachusetts SIP is complete, with the exception of the PSD program. (See discussion regarding PSD below.)

For the 1997 PM2.5 NAAQS, on April 4, 2008, MassDEP submitted to EPA a Certification of State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2) for PM2.5.  On October 28, 2008 (73 Fed. Register 62902), EPA issued a finding that, for the 1997 PM2.5 NAAQS, the Massachusetts SIP is complete, with the exception of the PSD program. In both findings, EPA stated the following concerning PSD: "The State of Massachusetts has failed to submit a SIP addressing section 110(a)(2)(C) and (J) pertaining to the Part C PSD permit program. However, this requirement has already been addressed by a FIP that remains in place, and therefore, this action will not trigger any additional FIP obligations."  MassDEP anticipates that EPA will make a similar finding for PSD for the 2006 PM2.5 NAAQS. As noted in Table 1, MassDEP anticipates adopting a State PSD regulation in 2010.

For the 1997 ozone and PM2.5 NAAQS, in an October 2, 2007 memo from William Harnett, Director of EPA's Air Quality Policy Division, EPA issued Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-Hour Ozone and PM2.5 NAAQS.  Massachusetts' previous certifications followed that guidance. EPA has not issued updated guidance related to the 2006 PM 2.5 NAAQS. Therefore, MassDEP has developed this certification to meet CAA requirements and to be consistent with the 1997 EPA guidance.

Basic SIP Elements

The basic SIP elements required under Section 110(a)(2) are listed in Table 1.  Table 1 also lists the Massachusetts statutes and regulations that are already part of the Massachusetts SIP and satisfy the Section 110(a)(2) requirement. This PM2.5 NAAQS Certification is based on the same documentation of legal authority and program implementation as the Ozone Certification and PM2.5 Certification previously submitted to EPA. Table 1 includes statutory, regulatory and program references that are current as of the date of this certification. Hard copies of the following documents were submitted as part of the December 2007 PM2.5 Certification (and referenced in the April 2008 Ozone Certification):

 Section II, Legal Authority, of the original 1972 Massachusetts SIP for ozone. This is a narrative description of MassDEP's legal authority to adopt rules and regulations to comply with the CAA.
 Legal opinions that address similar CAA requirements related to state legal authority to implement other federally mandated air pollution control programs; these include:
 November 12, 1993 and August 2, 1995, Massachusetts Attorney General's legal opinions regarding Title V of the federal Clean Air Act and the Commonwealth's regulations at 310 CMR 7.00: Appendix C: Operating Permit Program;
 November 18, 1998 Massachusetts Attorney General's Supplemental Legal Opinion Regarding Section 129 of the Clean Air Act and the Commonwealth's Regulation at 310 CMR 7.08(2), the Municipal Waste Combustor Regulations;
 July 9, 2007 MassDEP General Counsel's legal opinion regarding the authority to adopt the Clean Air Mercury Rule State Plan and accompanying regulations 310 CMR 7.29 and 310 CMR 7.02.

Conclusion

The statutory authority and regulations referenced in Table 1, which are currently part of the Massachusetts SIP, meet the requirements of CAA Sections 110(a)(1) and (2) with respect to the 2006 PM2.5 NAAQS.  Therefore, MassDEP certifies that the existing Massachusetts SIP already addresses the SIP elements required under the CAA and provides for the implementation, maintenance and enforcement of the 2006 PM2.5 NAAQS.

Table 1
Massachusetts' Statutory Authority and Regulations Meeting Clean Air Act
Section 110(a)(1) and (2) SIP requirements for 2006 PM2.5 NAAQS

Clean Air Act (CAA) Section
SIP requirement (Each such plan shall...)
                             Massachusetts Program
110(a)(2)(A) Emission limits and other control measures
... "include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance..."
M.G.L. c 21A, s. 8.  Organization of departments; powers, duties and functions.

M.G.L. c.111, s.142 A-N.  These statutes, collectively referred to Massachusetts Pollution Control Laws, provide MassDEP** with broad authority to prevent pollution or contamination of the atmosphere and to prescribe and establish regulations to prevent pollution or undue contamination of the atmosphere.

M.G.L. c. 21A, s. 18.  MassDEP's fee statute.

MassDEP Regulations:
In accordance with the above-referenced authority, MassDEP adopted 310 CMR 6.00, Ambient Air Quality Standards for the Commonwealth of Massachusetts. This regulation sets a state 1-hour ozone standard and a PM standard, but it has not been updated to include an 8-hour ozone standard and a PM2.5 standard.  MassDEP intends to revise 310 CMR 6.00 to adopt the current 24-hour and annual NAAQS for PM2.5 (and the current NAAQS for ozone) as Massachusetts ambient air quality standards.  On June 26, 2009, MassDEP issued for public review, a proposed revision to 310 CMR 6.00,   adopting the current NAAQS for PM2.5 and ozone as Massachusetts ambient air quality standards. A public hearing on the proposed revision was held on August 4. 2009.  MassDEP anticipates finalizing the revisions in early 2010.  In the meantime, however, all MassDEP regulations that require compliance with an ambient air quality standard require compliance with the NAAQS. Therefore, the out-of-date state ambient air quality standards in 310 CMR 6.00 do not have a regulatory impact.

MassDEP also adopted regulations to control air pollution at 310 CMR 7.00. Air Pollution Control.  With a few exceptions (for regulations that EPA did not require be part of the federally-enforceable SIPs), these regulations have been submitted to EPA and incorporated into the Massachusetts SIP, as detailed in the numerous MassDEP SIP revisions submitted since the original 1971 PM SIP and 1972 Ozone SIP and approved by EPA as part of the SIP in 40 CFR Part 52, Subpart W.

Other MassDEP regulations that have been adopted and incorporated in the SIP include:
310 CMR 60.00.  Air Pollution Control for Mobile Sources.
310 CMR 4.00.  Timely Action & Fee Schedule Regulations.
110(a)(2)(B) Ambient Air quality monitoring/data system
... "provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such data available to the Administrator."
M.G.L. c. 111, s. 142B-D.  These statutes give MassDEP the authority to maintain and operate air sampling stations and devices, and to require, for the purpose of conducting a continuing inventory of air pollution sources of emissions, any person to register with MassDEP and provide emissions information.

MassDEP regulations relating to this authority include:

310 CMR 7.12.  Source Registration.
310 CMR 7.13.  Stack Testing.
310 CMR 7.14.  Monitoring Devices and Reports.
310 CMR 7.00: Appendix C.   Operating Permit Program.
310 CMR 7.00: Appendix A.   Emissions Offsets and Nonattainment Review.

MassDEP collects and reports ambient air quality data for O3, SO2, NO2, Pb, CO, PM10 and PM2.5.  These data are reviewed and validated before being sent to the EPA air quality system (AQS), no later than 90 days after the end of a calendar quarter.

On January 28, 1980, MassDEQE submitted to EPA pursuant to 40 CFR § 52.370 (13), a comprehensive air quality monitoring plan  to meet requirements of 40 CFR part 58.

On August 24, 2009, MassDEP submitted to EPA the most recent annual air monitoring network plan.

110(a)(2)(C) Program for enforcement of control measures

... "include a program to provide for the enforcement of the measures described in subparagraph (A), and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D;"

M.G.L. c 111, s.2C.  Pollution violations; orders of department of environmental protection.  This statute authorizes MassDEP to issue orders enforcing air pollution control regulations.

M.G.L. c. 111, s 142A - N.  Massachusetts Pollution Control Laws authorize MassDEP to adopt regulations to control pollution or contamination of atmosphere, and enforce such regulations and issue penalties.

M.G.L. c.21A, s.16.  Administrative Penalties Act.

MassDEP regulations adopted pursuant to these authorities include:
310 CMR 5.00.  Administrative Penalties.
310 CMR 7.02.  Plan Approval and Emission Limitations List.
310 CMR 7.52.  Enforcement Provisions.
310 CMR 7.00: Appendix C.  Operating Permit and Compliance Program.

With respect to the permit program requirement, MassDEP submitted a NSR Equivalency Determination to EPA-Region 1 on December 30, 2005.

110(a)(2)(D) Interstate transport
... "contain adequate provisions - (i) prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will - (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the applicable; requirements of sections 126 and 115 (relating to interstate and international pollution abatement);"
Revision to the Massachusetts State Implementation Plan  -                       The Massachusetts  SIP revision addressing the Interstate Air Pollution Transport Requirements of Clean Air Act Section 110(a)(2)(D)(i) relating to   the 1997 PM2.5 and ozone standards, was submitted to EPA on January 31, 2008. In that SIP revision, MassDEP relied upon its adoption of 310 CMR 7.32, the Massachusetts Clean Air Interstate Rule (MassCAIR), to address its contribution to downwind nonattainment areas, as required by EPA's Clean Air Interstate Rule. MassDEP continues to implement the MassCAIR program.

EPA has not issued new regulations or guidance regarding how states should address transport in connection with the 2006 PM2.5 standard. MassDEP will submit a separate transport SIP to EPA to address this issue once EPA has provided the necessary guidance.

In the meantime, Massachusetts is not contributing significantly to non-attainment in any other state, as all areas that are downwind of Massachusetts are attaining the 2006 PM2.5 NAAQS.

MassDEP is addressing visibility pursuant to its Regional Haze SIP, which it anticipates submitting to EPA in 2010.

NSR Equivalency Determination was submitted to EPA-Region 1 on December 30, 2005.

Pursuant to its PSD Program Delegation Agreement, MassDEP returned delegation of the PSD Program to EPA on February 23, 2003.  Under the terms of the Performance Partnership Agreement between EPA Region 1 and MassDEP, EPA continues to administer the PSD program with the cooperation and assistance of MassDEP. MassDEP anticipates that this arrangement will continue for purposes of implementing PSD for sources of PM2.5, until MassDEP adopts a state PSD regulation, which it expects to do in 2010.

For the 1997 ozone and PM2.5 NAAQS, EPA found that Massachusetts failed to submit a SIP addressing Section 110(a)(2)(C) (the Part C PSD permit program), but this requirement has already been addressed in a Federal Implementation Plan (FIP) that remains in place and that the finding will, therefore, not trigger any additional FIP obligation.

110(a)(2)(E) Adequate resources

... "provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the State or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federal or State law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting State boards under section 128, and (iii) necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision;"

M.G.L. c 21A, s. 8.  Organization of departments; powers, duties and functions.  This statute mandates that in no event shall the department authorize implementation of any plan, strategy or technology less protective of the environment than required by any applicable federal statute.

M.G.L. c. 111, s. 142A-N and the accompanying regulations.  These statutes and regulations provide MassDEP with sufficient authority to carry out implementation of the plan.

M.G.L. c. 111, s. 142E.  Cooperation by, and Authority of Department over, other Agencies, Commissioners, Authorities, or Political Subdivisions with Respect to Air Pollution.

M.G.L. c 21A, s. 8.  Organization of departments; powers, duties and functions.

In Section X of the Massachusetts 1971 SIP for PM, the Bureau of Air Use Management provided details that it had adequate personnel and funding to carry out implementation of the original SIP.  This resource finding has been updated in subsequent SIP submissions related to PM and ozone.  MassDEP has continued to add staff and programs since that time and currently has adequate personnel and funding to implement the existing SIP.

110(a)(2)(F) Stationary source emissions monitoring and reporting
... "require, as may be prescribed by the Administrator -  (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection;"
M.G.L. c. 111, s. 142A-D. These statutes give MassDEP the authority to maintain and operate air sampling stations and devices and to require, for the purpose of conducting a continuing inventory of air pollution sources of emissions, any person to register with MassDEP and provide emissions information.

MassDEP regulations relating to this authority include:
310 CMR 7.12.  Source Registration.
310 CMR 7.13.  Stack Testing.
310 CMR 7.14.  Monitoring Devices and Reports.

Chapter 66: Section 1.  Public inspection and copies of records; presumption; exceptions.

310 CMR 3.00.  Public Records Access Regulations.
110(a)(2)(G) Emergency power
... "provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority;"

M.G.L. C.111, s.2B-C.  Air Pollution Emergencies.  These statutes authorize the Commissioner of MassDEP to determine that a condition or impending condition of the atmosphere in the commonwealth or in any part thereof constitutes a present or reasonably imminent danger to health, and may, with the approval of the governor, declare an air pollution emergency and cause the fact to be made known to the public.

MassDEP regulations relating to this authority are at 310 CMR 8.00, Prevention & Abatement of Air Pollution Episodes & Emergencies.  These regulations prevent ambient air concentrations of pollutants subject to a NAAQS from reaching levels that would constitute significant harm to public health, consistent with the significant harm levels and procedures for state emergency episode plans established by EPA in 40 CFR Part 51.150.

The requirement for a state to submit an emergency episode plan is based on a priority region classification.  For PM2.5, the classification scheme that EPA is planning to propose would require states with a 24-hour PM2.5 concentration above 140.5 ug/m3 (using the most recent three years of data) to develop an emergency episode plan. States that do not meet this threshold would be classified as Priority III and would not be required to develop an emergency episode plan for PM2.5. Massachusetts is likely to be classified as a Class III Priority Area based on its monitored data And, if that classification is assigned, Massachusetts would not be required to adopt an Emergency Episode Plan for PM2.5.

MassDEP forecasts predicts concentrations of PM2.5 statewide throughout the year and issues alerts to the public when concentrations are expected to reach unhealthy levels using the Air Quality Index and will continue to do so.

110(a)(2)(H) Future SIP revisions

... "provide for revision of such plan - (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise comply with any additional requirements established under this Act;"

M.G.L. c. 111, s. 142A-N.  These statutes allow MassDEP to amend its air pollution control regulations from time to time.

110(a)(2)(J) Consultation with government officials
... "meet the applicable requirements of section 121 (relating to consultation)
M.G.L. c. 21A, s. 8.  Organization of departments; powers, duties and functions.

M.G.L. c. 111, s. 142E.  Cooperation by, and Authority of Department over, other Agencies, Commissioners, Authorities, or Political Subdivisions with Respect to Air Pollution.

M.G.L. c. 30A.  Massachusetts Administrative Procedures Act.  This statute requires MassDEP to provide notice and public comment and hearing prior to adoption of any regulations.

Executive Order No. 145.  This order requires MassDEP to provide notice to the Local Government Advisory Committee, through the Massachusetts Municipal Association, to solicit input on the impact on local government.

Massachusetts SIP Steering Committee, established pursuant to the Clean Air Amendments of 1990, provides for consultation.

110(a)(2)(J) Public notification

... "meet the applicable requirements of section 127 (relating to public notification),

M.G.L. c. 30A requires MassDEP to provide notice and public comment and hearing prior to adoption of any regulations.

110(a)(2)(J) PSD and visibility Protection

... "meet the applicable requirements of part C (relating to prevention of significant deterioration of air quality and visibility protection);"

Pursuant to its PSD Program Delegation Agreement, MassDEP returned delegation of the PSD Program to EPA on February 23, 2003. Under the terms of the Performance Partnership Agreement between EPA Region 1 and MassDEP, EPA continues to administer the PSD program with the cooperation and assistance of MassDEP. MassDEP anticipates that this arrangement will continue for purposes of implementing PSD for sources of PM2.5 until MassDEP adopts a state PSD regulation, which it expects to do in 2010.

MassDEP is addressing visibility issues in its Regional Haze SIP, which will be submitted to EPA in 2010.
110(a)(2)(K)
Air quality modeling/data

... "provide for - (i)  the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator;"

M.G.L. c. 111, s. 142B-D.  These statutes give MassDEP the authority to maintain and operate air sampling stations and devices and to require, for the purpose of conducting a continuing inventory of air pollution sources of emissions, any person to register with MassDEP and provide emissions information.

310 CMR 7.02.  Plan Approval and Emission Limitations.

110(a)(2)(L) Permitting fees

... "require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover - (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator's approval of a fee program under
title V;"

M.G.L. c.21A, s.18.  This statute authorizes MassDEP to promulgate regulations establishing fees.

310 CMR 4.00.  Timely Action & Fee Schedule Regulations.  These regulations set permit and compliance fees, including fees for Operating Permits (Title V).

110(a)(2)(M) Consultation/ Participation by affected local entities

... "provide for consultation and participation by local political subdivisions affected by the plan."
M.G.L. c. 30A.  Massachusetts Administrative Procedures Act.  This statute requires MassDEP to provide notice and public comment and hearing prior to adoption of any regulations.

Executive Order No. 145 requires MassDEP to provide notice to the Local Government Advisory Committee, through the Massachusetts Municipal Association, to solicit input on the impact on local government.


[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56772-56773]
[FR Doc No: 2011-23513]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3330-EM; Docket ID FEMA-2011-0001]

Massachusetts; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the Commonwealth of Massachusetts (FEMA-3330-EM), dated August 26,
2011, and related determinations.

DATES: Effective Date: September 5, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 5, 2011.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-23513 Filed 9-13-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Notices]
[Pages 17200-17201]
[FR Doc No: 2013-06342]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0642; FRL-9528-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Chemical Preparations
Industry (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before April 19,
2013.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2012-0642, to: (1) EPA online, using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12.

On October 17, 2012 (77 FR 63813), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to both the EPA and OMB within
30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2012-0642, which is available for either public
viewing online at http://www.regulations.gov, or in person viewing at
the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue 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 Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1752.
    Use EPA's electronic docket and comment system, at http://www.regulations.gov, to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidentiality of Business Information (CBI), or
other information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NESHAP for Chemical Preparations Industry (Renewal)
    ICR Numbers: EPA ICR Number 2356.03, OMB Control Number 2060-0636
    ICR Status: This ICR is scheduled to expire on March 31, 2013.
Under OMB regulations, the Agency may continue to either conduct or
sponsor the collection of information while this submission is pending
at OMB.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart
BBBBBBB. Owners or operators of the affected facilities must submit an
initial notification report, performance tests, and periodic reports
and results. Owners or operators are also required to maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which
the monitoring system is inoperative. At a minimum, reports are
required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 40
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously- applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of area source
chemical preparation facilities.
    Estimated Number of Respondents: 26.
    Frequency of Response: Semiannually.
    Estimated Total Annual Hour Burden: 2,093.
    Estimated Total Annual Cost: $203,052, which includes $202,662 in
labor costs, no capital/startup costs, and $390 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is an adjustment decrease in the
total estimated burden for both the respondents and the Agency as
currently identified in the OMB Inventory of Approved Burdens. This
decrease is not due to any program changes. The change in the burden
and cost estimates occurred because the standards have been in effect
for more than three years and the requirements are different during
initial compliance (new facilities) as compared to on-going compliance
(existing facilities). The previous ICR reflected those burdens and
costs associated with the initial activities for subject facilities.
This includes understanding rule requirements, notification of
applicability, conducting engineering calculations or obtaining data on
performance guarantees to demonstrate initial compliance, and
establishing recordkeeping systems. This ICR, by in large, reflects the
on-going burden and costs for existing facilities. Activities for
existing source include continuous monitoring of pollutants and the
submission of semiannual reports. The overall result is a decrease in
burden hours and costs. These changes also result in a decrease in O&M
costs, which are photocopying and postage costs associated with
submittal of notifications and semiannual reports.
    This ICR corrects a mathematical mistake in the Agency labor rates.
The previous ICR adjusted the labor rates by 160 percent, thereby
overestimating the Agency's costs. This ICR corrects the loading rate
to 60 percent to account for the benefit packages available to
government employees. Additionally, this ICR corrects the frequency of
occurrence for the review of semiannual reports from once to twice per
year.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-06342 Filed 3-19-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34973-34974]
[DOCID:fr16jn06-156]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53969; File No. SR-CBOE-2006-53]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Its Marketing Fee Program

June 9, 2006.
    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 June 2, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The CBOE has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by the CBOE under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CBOE proposes to amend its marketing fee program. Below is the
text of the proposed rule change. Proposed new language is in italics;
deleted language is in [brackets].

CHICAGO BOARD OPTIONS EXCHANGE, INC.

FEES SCHEDULE

[MAY 18] June 2, 2006

1. No Change....................................................  ......
2. MARKETING FEE (6)(16)........................................    $.65
3.-4. No Change.................................................  ......

    FOOTNOTES:
    (1)-(5) No Change.
    (6) The Marketing Fee will be assessed only on transactions of
Market-Makers, RMMs, e-DPMs, DPMs, and LMMs resulting from orders for
less than 1,000 contracts (i) from payment accepting firms, or (ii)
that have designated a ``Preferred Market-Maker'' under CBOE Rule 8.13
at the rate of $.65 per contract on all classes of equity options,
options on HOLDRs, options on SPDRs, options on DIA, options on NDX,
and options on RUT. The fee will not apply to: Market-Maker-to-Market-
Maker transactions including transactions resulting from orders from
non-member market-makers; transactions resulting from inbound P/A
orders or a transaction resulting from the execution of an order
against the DPM's account if an order directly related to that order is
represented and executed through the Linkage Plan using the DPM's
account; transactions resulting from accommodation liquidations
(cabinet trades); and transactions resulting from dividend strategies,
merger strategies, and short stock interest strategies as defined in
footnote 13 of this Fees Schedule. This fee shall not apply to index
options and options on ETFs (other than options on SPDRs, options on
DIA, options on NDX, and options on RUT). A Preferred Market-Maker will
only be given access to the marketing fee funds generated from a
Preferred order if the Preferred Market-Maker has an appointment in the
class in which the Preferred order is received and executed. If less
than 80% of the marketing fee funds are paid out by the DPM/LMM or
Preferred Market-Maker in a given month, then the Exchange would refund
such surplus at the end of the month on a pro rata basis based upon
contributions made by the Market-Makers, RMMs, e-DPMs, DPMs and LMMs.
However, if 80% or more of the accumulated funds in a given month are
paid out by the DPM/LMM or Preferred Market-Maker, there will not be a
rebate for that month and the funds will carry over and will be
included in the pool of funds to be used by the DPM/LMM or Preferred
Market-Maker the following month. At the end of each quarter, the
Exchange would then refund any surplus, if any, on a pro rata basis
based upon contributions made by the Market-Makers, RMMs, DPMs, e-DPMs
and LMMs. CBOE's marketing fee program as described above will be in
effect until June 2, [2006] 2007.
    Remainder of Fees Schedule--No change.

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

    In its filing with the Commission, the Exchange 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. The CBOE 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
    The CBOE states that currently, its marketing fee is assessed upon
DPMs, LMMs, e-DPMs, RMMs, and Market-Makers at the rate of $.65 per
contract on transactions of Market-Makers, RMMs, e-DPMs, DPMs, and LMMs
resulting from orders for less than 1,000 contracts (i) from payment
accepting firms, or (ii) that have designated a ``Preferred Market-
Maker'' under CBOE Rule 8.13. The Exchange notes that this fee does not
apply to: Market-Maker-to-Market-Maker transactions including

transactions resulting from orders from non-member market-makers;
transactions resulting from inbound P/A orders or a transaction
resulting from the execution of an order against the DPM's account if
an order directly related to that order is represented and executed
through the Linkage Plan using the DPM's account; transactions
resulting from accommodation liquidations (cabinet trades); and
transactions resulting from dividend strategies, merger strategies, and
short stock interest strategies as defined in footnote 13 of the CBOE
Fees Schedule. CBOE states that the marketing fee is assessed on all
equity option classes and options on HOLDRs, options on SPDRs, options
on DIA, options on the Nasdaq-100 (NDX) Index and options on the
Russell 2000 (RUT) Index. CBOE states that its marketing fee program
currently is in effect until June 2, 2006, which is the date that
CBOE's pilot program establishing its Preferred Market-Maker Program
was scheduled to expire.
    CBOE has extended its Preferred Market-Maker Program until June 2,
2007.\5\ In connection with the extension of the Preferred Market-Maker
Program, CBOE proposes to extend the marketing fee program until June
2, 2007.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 53922 (June 2,
2006), 71 FR 33017 (June 7, 2006) (SR-CBOE-2006-52).
---------------------------------------------------------------------------

    CBOE states that it is not amending its marketing fee program in
any other respect.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\7\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among CBOE members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) \9\ thereunder, because it establishes or changes a due, fee,
or other charge imposed by the Exchange. Accordingly, the proposal will
take effect upon filing with the Commission. At any time within 60 days
of the filing of such proposed rule change the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2006-53 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2006-53. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the CBOE. 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-CBOE-2006-53 and should be submitted on or before July
7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E6-9435 Filed 6-15-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Rules and Regulations]
[Page 19886-19891]
[DOCID:fr16ap10-7]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2009-0052; FRL-9136-6]

Approval and Promulgation of Air Quality Implementation Plans;
Wyoming; Revisions to the Wyoming Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving two State Implementation Plan revisions
submitted by the State of Wyoming on September 11, 2008. Wyoming has
revised its Air Quality Standards and Regulations, specifically Chapter
1, Section 5, Unavoidable equipment malfunction, and Chapter 1, Section
6, Credible evidence. Because these revisions conform to the Clean Air
Act and EPA regulations, EPA is approving the revisions with the
intention of making them Federally enforceable. EPA is taking this
action under section 110 of the Clean Air Act.

DATES: This rule is effective on June 15, 2010 without further notice,
unless EPA receives adverse comment by May 17, 2010. 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-R08-
OAR-2009-0052, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2009-0052. 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. General Information 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 Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background of Wyoming's Submissions
III. EPA's Review of Wyoming's Submissions
IV. Consideration of Section 110(l) of the CAA
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Wyoming mean the State of Wyoming, unless
the context indicates otherwise.

I. General Information

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

    1. Submitting CBI. Do not submit this information to EPA through
http://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.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. Background of Wyoming's Submissions

    On September 11, 2008 the State of Wyoming submitted to EPA two
formal revisions to Wyoming's State Implementation Plan (SIP). These
revisions amend Wyoming's Air Quality Standards and Regulations. In
particular, Wyoming has revised Chapter 1, Common Provisions, Section
5, Unavoidable equipment malfunction, and has added a new section--
Section 6, Credible evidence--to Chapter 1.

A. Chapter 1, Common Provisions, Section 5, Unavoidable Equipment
Malfunction

    Wyoming has revised its unavoidable equipment malfunction rule in
response to a series of EPA actions. On November 16, 2000, the
Administrator of the EPA issued an order granting in part a petition to
object to Wyoming's issuance of a Title V permit. In the Matter of:
Pacificorp's Jim Bridger and Naughton Electric Utility Steam Generating
Plants, Petition No. VIII-00-1 (Nov. 16, 2000). In the order, the
Administrator directed EPA's regional office in Denver (EPA Region 8)
to review Wyoming's Abnormal Conditions and Equipment Malfunction rule.
On November 1, 2002, in another Title V petition order, the
Administrator repeated this direction. In the Matter of: Title V Permit
for Buckingham Lumber Company, Buckingham Lumber Mill, Petition No.
VIII-2002-01 (Nov. 1, 2002). After completing its review, EPA Region 8
identified for Wyoming deficiencies in the rule. Letter from Richard R.
Long, Director, Air and Radiation Program, EPA Region 8, to Dan Olson,
Administrator, Wyoming's Department of Environmental Quality (Jan. 30,
2003). EPA Region 8 noted that the rule did not conform to Clean Air
Act requirements to protect National Ambient Air Quality Standards
(NAAQS) and Prevention of Significant Deterioration (PSD) increments.
Specifically, the rule allowed an exemption from enforcement for excess
emissions that occurred during malfunctions and certain other
conditions. EPA's interpretation was and continues to be that the Clean
Air Act requires that all periods of excess emissions be treated as
violations that cannot be exempted from enforcement. EPA therefore
requested that the rule be revised.
    On November 16, 2005, the Environmental Quality Council of the
Wyoming Department of Environmental Quality approved a revision to the
Abnormal Conditions and Equipment Malfunction rule. The revision
removed

the existing automatic exemption and replaced it with enforcement
discretion provisions for excess emissions caused by malfunctions. The
revision became State-effective January 30, 2006. On September 11,
2008, the Governor of the State of Wyoming submitted the revision to
Region 8.

B. Chapter 1, Common Provisions, Section 6, Credible Evidence

    Wyoming has added the credible evidence section to its rules in
response to an EPA SIP call. On February 24, 1997, EPA revised its rule
governing the use of credible evidence in enforcement actions. 62 FR
8314. In parallel, EPA directed its Regional Offices to conduct a SIP
call to States in order to ensure consistency with the revised credible
evidence rule. On October 20, 1999, EPA Region 8 issued a SIP call to
Wyoming. In a letter from EPA Regional Administrator William P.
Yellowtail notifying Wyoming of the SIP call, EPA stated that the
Wyoming SIP did not comply with sections 110(a)(2)(A) and (C) of the
CAA because the SIP could be interpreted to limit the types of credible
evidence or information that could be used for determining compliance
and establishing violations.
    On October 23, 2000, the Environmental Quality Council of the
Wyoming Department of Environmental Quality approved revisions to the
Wyoming Air Quality Standards and Regulations, including the addition
of a provision (Chapter 1, Common Provisions, Section 6, Credible
evidence) allowing for the use of credible evidence in enforcement
actions. The added provision became State-effective December 8, 2000.
On September 11, 2008, the Governor of the State of Wyoming submitted
the revision to Region 8.

III. EPA's Review of Wyoming's Submissions

    To determine if Wyoming's submissions should be approved by EPA,
EPA must evaluate the submissions for consistency with the CAA and EPA
regulations.

A. Revision to Chapter 1, Common Provisions, Section 5, Unavoidable
Equipment Malfunction

    EPA's interpretations of the Act regarding excess emissions caused
by equipment malfunctions are contained in several documents. Most
relevant to this action are the following documents: A memorandum dated
September 28, 1982, from Kathleen M. Bennett, Assistant Administrator
for Air, Noise, and Radiation, entitled ``Policy on Excess Emissions
During Startup, Shutdown, Maintenance, and Malfunctions''; a
clarification to that memorandum from Kathleen M. Bennett issued on
February 15, 1983; and a memorandum entitled ``State Implementation
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup,
and Shutdown,'' from Steven A. Herman, Assistant Administrator for
Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant
Administrator for Air and Radiation, dated September 20, 1999.\1\
---------------------------------------------------------------------------

    \1\ The relevant interpretations were not affected by a
subsequent memorandum titled ``Reissuance of Clarification--State
Implementation Plans (SIPs): Policy Regarding Excess Emissions
During Malfunctions, Startup, and Shutdown,'' dated December 5,
2001, from Eric Schaeffer, Director, Office of Regulatory
Enforcement, Office of Enforcement and Compliance Assurance, and
John S. Seitz, Director, Office of Air Quality Planning and
Standards, Office of Air and Radiation.
---------------------------------------------------------------------------

    As explained in these memoranda, excess emissions are those air
emission levels that exceed any applicable emission limitation. Because
excess emissions might aggravate air quality so as to prevent
attainment and maintenance of the NAAQS or jeopardize the PSD
increments, EPA views all periods of excess emissions as violations of
the applicable emission limitation. Therefore, EPA will disapprove all
SIP revisions that automatically exempt from enforcement excess
emissions claimed to result from an equipment malfunction. In addition,
EPA will disapprove SIP revisions that give discretion to a state
director to determine whether an instance of excess emissions is a
violation of an emission limitation, because such a determination could
bar EPA and citizens from enforcing applicable requirements.
    Instead, under EPA's interpretations, if a state chooses to address
violations for excess emissions that occur as a result of claimed
malfunctions, the state may take two approaches. The first, the
``enforcement discretion'' approach, allows a state director to refrain
from taking enforcement action for a violation if certain criteria are
met. The second, the ``affirmative defense'' approach, allows a source
to avoid penalties if it can prove that certain conditions are met.
    Wyoming has selected the enforcement discretion approach. Under
this approach, the state director, in evaluating whether to exercise
discretion to decline enforcement for a violation caused by an
unavoidable malfunction, should consider whether the following criteria
have been satisfied:
    1. To the maximum extent practicable the air pollution control
equipment, process equipment, or processes were maintained and operated
in a manner consistent with good practice for minimizing emissions;
    2. Repairs were made in an expeditious fashion when the operator
knew or should have known that applicable emission limitations were
being exceeded. Off-shift labor and overtime must have been utilized,
to the extent practicable, to ensure that such repairs were made as
expeditiously as practicable;
    3. The amount and duration of the excess emissions (including any
bypass) were minimized to the maximum extent practicable during periods
of such emissions;
    4. All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality; and
    5. The excess emissions are not part of a recurring pattern
indicative of inadequate design, operation, or maintenance.
    We have evaluated Wyoming's enforcement discretion provisions for
excess emissions caused by unavoidable equipment malfunctions. The
provisions are consistent with EPA's interpretations of the CAA as
described in the memoranda above. Specifically, Chapter 1, Common
Provisions, section 5(b) gives the Wyoming Air Quality Division
discretion when deciding whether to ``pursue enforcement after
considering whether excess emissions resulted from an unavoidable
equipment malfunction.'' The Division is to make this decision by
evaluating, on a case-by-case basis, information to be submitted by the
source after an incident. The information submitted by the source and
considered by the Division is defined in section 5(a)(i)(A) and
generally parallels the criteria outlined in the Kathleen Bennett
memoranda discussed above. The source has the burden to provide
sufficient information to demonstrate that the Division should use its
discretion.
    EPA's memoranda also discuss a point not explicitly addressed in
Wyoming's new rule. There is no language in the new rule explicitly
stating that, even when the Division exercises its discretion and
declines enforcement, that exercise of discretion does not bar EPA or
any citizen from taking an enforcement action for the violation.
However, there is also no language in the new rule explicitly creating
such a bar. EPA therefore interprets the rule, consistent with EPA's
interpretations of the CAA, as not barring EPA and citizen enforcement
for violation of applicable requirements when the Division declines

enforcement. Under this interpretation, the new rule is consistent with
the CAA. EPA is therefore approving the revisions to Chapter 1, Common
Provisions, Section 5.

B. Addition to Chapter 1, Common Provisions, Section 6, Credible
Evidence

    On February 24, 1997, EPA promulgated regulations under sections
113(a) and 113(e)(1) of the CAA clarifying the use of non-reference
test data--``credible evidence''--in enforcement actions and compliance
certifications. 62 FR 8314. In particular, the regulations prohibit
state implementation plans from precluding the use of credible
evidence. The regulations state: ``For the purpose of submitting
compliance certifications or establishing whether or not a person has
violated or is in violation of any standard in this part, the plan must
not preclude the use, including the exclusive use, of any credible
evidence or information, relevant to whether a source would have been
in compliance with applicable requirements if the appropriate
performance or compliance test or procedure had been performed.'' 40
CFR 51.212(c).
    EPA has reviewed Wyoming's new credible evidence rule. The new rule
mirrors the language in 40 CFR 51.212(c) quoted above and provides for
the use of credible evidence in enforcement actions and compliance
certifications. Therefore, it is consistent with the CAA and EPA
regulations. As a result, EPA is approving the addition of the new
credible evidence rule, Chapter 1, Common Provisions, Section 6,
Credible evidence, into Wyoming's SIP.

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the Clean Air Act, EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of the NAAQS or any other applicable requirement of
the Act. The Wyoming SIP revisions that EPA approves today do not
interfere with attainment of the NAAQS or any other applicable
requirement of the Act. The first revision removes a provision from the
Wyoming SIP that provided an outright exemption from emission limits
during malfunctions. In place of the exemption, the SIP now provides--
in accordance with the CAA--that the Wyoming Air Quality Division may
exercise its enforcement discretion after considering whether excess
emissions resulted from an unavoidable equipment malfunction. In the
absence of the previous automatic exemption, sources will now have a
greater incentive to comply with their emission limits, which will
protect the NAAQS and increments to a greater degree than under the
previous rule. The second revision, providing for use of credible
evidence, also protects the NAAQS and increments to a greater degree by
allowing for enhanced enforcement of emissions limits. Therefore,
section 110(l) requirements are satisfied.

V. Final Action

    EPA is approving SIP revisions that Wyoming submitted on September
11, 2008. The Environmental Quality Council of the Wyoming Department
of Environmental Quality adopted revisions to Chapter 1, Common
Provisions, Section 5, Unavoidable equipment malfunction on November
16, 2005; these revisions became State-effective on January 30, 2006.
The Council added Chapter 1, Common Provisions, Section 6, Credible
evidence, to the Wyoming Air Quality Standards and Regulations on
October 23, 2000; this addition became State-effective on December 8,
2000.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments; we are merely approving changes to Wyoming's air
rules that conform to the CAA and EPA regulations. However, in the
``Proposed Rules'' section of today's Federal Register publication, EPA
is publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective June 15, 2010 without further notice unless the Agency
receives adverse comments by May 17, 2010. If the EPA receives adverse
comments, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

    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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 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.). 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).
    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 (65
FR 67249, November 9, 2000). 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. 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 approves a State rule
implementing a Federal standard.
    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.
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.).
    The Congressional Review Act, 5 U.S.C. section 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.
section 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 June 15, 2010. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 1, 2010.
Carol L. Campbell,
Acting Deputy Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read 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 ZZ--Wyoming

0
2. Section 52.2620 is amended by revising paragraph (b)(3); and the
table in paragraph (c)(1) is amended under Chapter 1 by revising the
entry for Section 5 and adding an entry for Section 6 to read as
follows:

Sec.  52.2620  Identification of plan.

* * * * *
    (b) * * *
    (3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 8, 1595
Wynkoop Street, Denver, Colorado 80202-1129; the Environmental
Protection Agency, Air and Radiation Docket and Information Center, Air
Docket (6102), 1200 Pennsylvania Ave., NW., Washington, DC 20460; or
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal-register/cfr/ibr-
locations.html.
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                      State adopted and    EPA approval date
         State citation            Title/subject        effective date      and citation \1\      Explanation
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 1
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 5......................  Unavoidable            11/16/05, 1/30/06  4/16/10 [Insert
                                  Equipment                                 FR page number
                                  Malfunction.                              where document
                                                                            begins].
Section 6......................  Credible Evidence      10/23/00, 12/8/00  4/16/10 [Insert
                                                                            FR page number
                                                                            where document
                                                                            begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
[FR Doc. 2010-8405 Filed 4-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Rules and Regulations]
[Page 11009-11011]
[DOCID:fr16mr09-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0170; Directorate Identifier 2008-SW-45-AD;
Amendment 39-15843; AD 2009-06-07]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139
Helicopters

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. Model AB139 and AW139 helicopters. This AD results from
mandatory continuing airworthiness information (MCAI) issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community. The MCAI states:
``Operators had reported a number of occurrences of in-flight losses of
cockpit door windows, both left and right side. This condition, if not
corrected, could result in damage to critical components.'' The actions
specified by this AD are intended to require that cockpit door windows
(windows) be replaced with re-designed windows to prevent a window from
separating from the helicopter, contacting the tailboom or tail rotor,
resulting in loss of control of the helicopter.

DATES: This AD becomes effective on March 31, 2009.
    The incorporation by reference of certain publications is approved
by the Director of the Federal Register as of March 31, 2009.
    We must receive comments on this AD by May 15, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
Agusta, Product Support Italy, Via per Tornavento, 15 21019 Somma
Lombardo, Varese Italy, telephone 39 (0331) 711111, fax 39 (0331)
711397, or at http://customersupport.agusta.com/technical_advice.php.
    Examining the Docket: You may examine the AD docket on the Internet
at http://www.regulations.gov or in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations office (telephone<PHONE_NUMBER>) is stated in the
ADDRESSES section of this AD. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group,
Fort Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD No. 2008-0108, dated June 5,
2008, to correct an unsafe condition for Model AB139 and AW139
helicopters. Previously, EASA issued AD 2007-0142, which required a
dimensional check and, if necessary, repairing the cockpit door
installation and replacing the window seal. After the issuance of AD
2007-0142, cases of cracks on windows leading to loss of part of the
window were reported on cockpit doors on which actions required by AD
2007-0142 were applied. Therefore, EASA issued AD 2008-0011, which
superseded AD 2007-0142 and included the same requirements, but also
required reinforcing the windows in the area where cracks had
reportedly developed. Additional cases of in-flight breakage of windows
have been reported concerning cockpit doors on which the actions
required by AD 2008-0011 were applied. Further investigation showed
that cracks had originated in a different area of the windows than with
the previous cases, suggesting a different route to failure.
    You may obtain further information by examining the MCAI and any
related service information in the AD docket.

Related Service Information

    Agusta S.p.A. has issued Bollettino Tecnico No. 139-129, dated June
3, 2008 (BT 139-129), which describes replacing the left-hand side
window with a window, part number (P/N) 3P5211A10152A1, and right-hand
side window with a window, P/N 3P5211A48131A1, as well as installing an
additional strap to allow immediate jettison in an emergency and
installing a new external emergency exit placard, P/N 212-072-636-109.
The actions described in the MCAI are intended to correct the same
unsafe condition as that identified in the service information.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of
Italy, and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, their Technical Agent, EASA, has
notified us of the unsafe condition described in the MCAI. We are
issuing this AD because we evaluated all information provided by EASA
and determined the unsafe condition exists and is likely to exist or
develop on other helicopters of these same type designs.

Differences Between This AD and the MCAI

    The MCAI requires compliance within 200 flight hours or 6 months
and uses the term ``flight hours.'' This AD uses the term ``hours time-
in-service'' (TIS) rather than ``flight hours,'' and requires
compliance within 30 hours TIS or 30 days. Also, this AD references
specific steps in BT 139-129 to use in complying with the AD. Finally,
this AD does not require you to contact Agusta S.p.A. AW139 Customer
Support Engineering.

Costs of Compliance

    We estimate that this AD will affect about 26 helicopters of U.S.
registry. We also estimate that it will take about 4 work-hours per
helicopter to replace both the left-hand side and right-hand side
window and install a strap and external emergency exit placard on each
door. The average labor rate is $80 per work-hour. The service
information states that required parts will be provided by the
manufacturer at no cost, however we estimate the cost of parts not
covered by warranty to be $8,300 per helicopter. Based on these
figures, we estimate the cost of this AD on U.S. operators will be
$8,620 per helicopter, or $224,120 for the entire fleet.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. We find that the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because a window
separating from the helicopter could contact the tailboom or tail
rotor, resulting in loss of control of the helicopter, and compliance
with this AD is required within a short time period. Therefore, we have
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. However, we invite you to send us any written data, views, or
arguments concerning this AD. Send your comments to an address listed
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0170; Directorate Identifier 2008-SW-45-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    Therefore, 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 an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2009-06-07 Agusta S.p.A.: Amendment 39-15843. Docket No. FAA-2009-
0170; Directorate Identifier 2008-SW-45-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on March
31, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AB139 and AW139 helicopters, serial
numbers (S/N) 31005 through 31131 (except 31007, 31094, and 31124),
S/N 31201 through 31209, and S/N 41001 through 41013 (except 41012),
certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI)
states: ``Operators had reported a number of occurrences of in-
flight losses of cockpit door windows, both left and right side.
This condition, if not corrected, could result in damage to critical
components. As this unsafe condition was likely to occur in other
helicopters of the same type design, EASA Airworthiness Directive
(AD) 2007-0142 required a dimensional check and, if necessary, the
repair of the cockpit door installation and the replacement of the
window seal. After the issuance of AD 2007-0142 cases of cracks on
sliding windows leading to loss of part of the window have been
reported on cockpit doors to which actions required by this AD were
applied. Therefore the AD 2008-0011 superseded AD 2007-0142 taking
over its requirements and mandated, as an additional action, a
reinforcement of the sliding windows in the area where cracks had
developed. Additional cases of in flight breakage of cockpit door
windows have been reported in service for cockpit doors to which the
AD 2008-0011 was applied. Further investigation showed that cracks
had originated in a different area of the windows with respect to
the previous cases, suggesting a different route to failure.''
Therefore, EASA issued AD 2008-0108, which supersedes AD 2008-0011.
We are issuing this AD to require the same actions as the EASA AD to
correct the unsafe condition created by the old-designed cockpit
door windows.

Actions and Compliance

    (e) Within 30 hours time-in-service (TIS) or 30 days, whichever
occurs first, unless already accomplished, do the following:
    (f) Remove the left-hand and right-hand side cockpit door
windows and replace them with airworthy cockpit door windows, part
number (P/N) 3P5211A10152A1 (left-hand side window) and P/N
3P5211A48131A1 (right-hand side window). Install an emergency
jettison strap, P/N 3G5610A04751, with each cockpit door window, and
install an external emergency exit placard, P/N 212-072-636-109, on
each cockpit door external side in accordance with steps 1. through
11. of the Compliance Instructions in Bollettino Tecnico No. 139-
129, dated June 3, 2008, except you are not required to contact the
manufacturer.

Differences Between This AD and the MCAI

    (g) The MCAI requires compliance within 200 flight hours or 6
months and uses the term ``flight hours.'' This AD uses the term
``hours TIS'' rather than ``flight hours,'' and requires compliance
within 30 hours TIS or 30 days, whichever occurs first. Also, this
AD references specific steps in BT 139-129 to use in complying with
the AD. Finally, this AD does not require you to contact Agusta
S.p.A. AW139 Customer Support Engineering.

Other Information

    (h) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, 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: Sharon Miles, Aerospace Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>; fax
(817) 222-5961.

Related Information

    (i) European Aviation Safety Agency MCAI Airworthiness Directive
No. 2008-0108, dated June 5, 2008, contains related information.

Air Transport Association of America (ATA) Tracking Code

    (j) ATA Code 5610: Flight Compartment Windows.

Material Incorporated by Reference

    (k) You must use the specified portions of Bollettino Tecnico
No. 139-129, dated June 3, 2008, to do the actions required.
    (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
Agusta, Product Support Italy, Via per Tornavento, 15 21019 Somma
Lombardo, Varese Italy, telephone 39 (0331) 711111, fax 39 (0331)
711397, or at http://customersupport.agusta.com/technical_
advice.php.
    (3) You may review copies at FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030, or go to: http://www.archives.gov/federal-register/
cfr/ibr-locations.html.

    Issued in Fort Worth, Texas on February 12, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E9-4941 Filed 3-13-09; 8:45 am]

BILLING CODE 4910-13-P